Heinonlines Southern Slavery And The Law 1619 1860
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| Author | : Thomas D. Morris |
| Publisher | : |
| Total Pages | : 575 |
| Release | : 1996 |
| Genre | : Slavery |
| ISBN | : |
This volume is the first comprehensive history of the evolving relationship between American slavery and the law from colonial times to the Civil War. As Thomas Morris clearly shows, racial slavery came to the English colonies as an institution without strict legal definitions or guidelines. Therefore, laws governing slaves and slavery had to be incorporated into the body of English common law that formed the basis of legal culture throughout the colonial South.
| Author | : Thomas D. Morris |
| Publisher | : Univ of North Carolina Press |
| Total Pages | : 588 |
| Release | : 2004-01-21 |
| Genre | : Law |
| ISBN | : 0807864307 |
This volume is the first comprehensive history of the evolving relationship between American slavery and the law from colonial times to the Civil War. As Thomas Morris clearly shows, racial slavery came to the English colonies as an institution without strict legal definitions or guidelines. Specifically, he demonstrates that there was no coherent body of law that dealt solely with slaves. Instead, more general legal rules concerning inheritance, mortgages, and transfers of property coexisted with laws pertaining only to slaves. According to Morris, southern lawmakers and judges struggled to reconcile a social order based on slavery with existing English common law (or, in Louisiana, with continental civil law.) Because much was left to local interpretation, laws varied between and even within states. In addition, legal doctrine often differed from local practice. And, as Morris reveals, in the decades leading up to the Civil War, tensions mounted between the legal culture of racial slavery and the competing demands of capitalism and evangelical Christianity.
| Author | : Thomas D. Morris |
| Publisher | : The Lawbook Exchange, Ltd. |
| Total Pages | : 304 |
| Release | : 2001 |
| Genre | : Personal liberty laws |
| ISBN | : 1584771070 |
Examines the Impact of the Idealism of the Personal Liberty Laws of Pennsylvania, New York, Massachusetts, Ohio and Wisconsin The Personal Liberty Laws reflected the social ethical commitment to freedom from slavery and as such were among the bricks that laid the foundation for the Fourteenth Amendment. Morris examines those statutes as enacted in the five representative states Pennsylvania, New York, Massachusetts, Ohio and Wisconsin, and argues that these laws were an alternative to the violence allowed by the southern slave codes and the extreme abolitionist viewpoints of the north. Thomas D. Morris [1938-] taught in the Department of History, Portland State University and is the author of Southern Slavery and the Law, 1619-1860. CONTENTS I. Slavery and Emancipation: the Rise of Conflicting Legal Systems II. Kidnapping and Fugitives: Early State and Federal Responses III. State "Interposition" 1820-1830: Pennsylvania and New York IV. Assaults Upon the Personal Liberty Laws V. The Antislavery Counterattack VI. The Personal Liberty Laws in the Supreme Court: Prigg v. Pennsylvania VII. The Pursuit of a Containment Policy, 1842-1850 VII. The Fugitive Slave Law of 1850 IX. Positive Law, Higher Law, and the Via Media X. Interposition, 1854-1858 XI. Habeas Corpus and Total Repudiation 1859-1860 XII. Denouement Appendix Bibliography Index
| Author | : Mark Tushnet |
| Publisher | : Princeton University Press |
| Total Pages | : 272 |
| Release | : 2019-02-19 |
| Genre | : History |
| ISBN | : 0691657025 |
In an examination of Southern slave law between 1810 and 1860, Mark Tushnet reveals a structured dichotomy between slave labor systems and bourgeois systems of production. Whereas the former rest on the total dominion of the master over the slave and necessitate a concern for the slave's humanity, the latter rest of the purchase by the capitalist of a worker's labor power only and are concerned primarily with economic interest. Focusing on a wide range of issues that include contract and accident law as well as criminal law and the law of manumission, he shows how Southern slave law had to respond to the competing pressures of humanity and interest. Beginning with a critical evaluation of slave law, the author develops the conceptual framework for his own perspective on the legal system, drawing on the works of Marx and Weber. He then examines four appellate court cases decided in three different states, from civil-law Louisiana to commonlaw North Carolina, at widely separated times, from 1818 to 1858. Professor Tushnet finds that the cases display a continuing but never wholly successful attempt at distinguish between law and sentiment as modes of regulating social interactions involving slaves. Also, the cases show that the primary method of accommodating law and sentiment was an attempt to use rigid categories to confine the law of slavery to what was thought its proper sphere. Mark Tushnet is Professor of Law at the University of Wisconsin. Originally published in 1981. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
| Author | : Stanley W. Campbell |
| Publisher | : Chapel Hill : University of North Carolina Press |
| Total Pages | : 254 |
| Release | : 1970 |
| Genre | : History |
| ISBN | : |
In this thoroughly researched documentation of a historically controversial issue, the author considers the background, passage, and constitutionality of the Fugitive Slave Law. The author's relation of public opinion and the executive policy regarding the much disputed law will help the reader reach a decision as to whether the law was actually a success or failure, legally and socially. Originally published in 1970. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
| Author | : Helen Tunnicliff Catterall |
| Publisher | : |
| Total Pages | : |
| Release | : 1932 |
| Genre | : |
| ISBN | : |
| Author | : Paul Finkelman |
| Publisher | : The Lawbook Exchange, Ltd. |
| Total Pages | : 360 |
| Release | : 1998 |
| Genre | : Electronic books |
| ISBN | : 188636348X |
Winner, Joseph A. Andrews Award from the American Association of Law Libraries, 1986. Provides a detailed discussion and analysis of the pamphlet materials on the law of slavery published in the United States and Great Britain.
| Author | : Paul Finkelman |
| Publisher | : Rowman & Littlefield |
| Total Pages | : 488 |
| Release | : 2002 |
| Genre | : History |
| ISBN | : 9780742521193 |
In this book, prominent historians of slavery and legal scholars analyze the intricate relationship between slavery, race, and the law from the earliest Black Codes in colonial America to the passage of the Fugitive Slave Law and the Dred Scott decision prior to the Civil War. Slavery & the Law's wide-ranging essays focus on comparative slave law, auctioneering practices, rules of evidence, and property rights, as well as issues of criminality, punishment, and constitutional law.
| Author | : Lea VanderVelde |
| Publisher | : Oxford University Press |
| Total Pages | : 318 |
| Release | : 2014-09-10 |
| Genre | : History |
| ISBN | : 0199378282 |
The Dred Scott case is the most notorious example of slaves suing for freedom. Most examinations of the case focus on its notorious verdict, and the repercussions that the decision set off-especially the worsening of the sectional crisis that would eventually lead to the Civil War-were extreme. In conventional assessment, a slave losing a lawsuit against his master seems unremarkable. But in fact, that case was just one of many freedom suits brought by slaves in the antebellum period; an example of slaves working within the confines of the U.S. legal system (and defying their masters in the process) in an attempt to win the ultimate prize: their freedom. And until Dred Scott, the St. Louis courts adhered to the rule of law to serve justice by recognizing the legal rights of the least well-off. For over a decade, legal scholar Lea VanderVelde has been building and examining a collection of more than 300 newly discovered freedom suits in St. Louis. In Redemption Songs, VanderVelde describes twelve of these never-before analyzed cases in close detail. Through these remarkable accounts, she takes readers beyond the narrative of the Dred Scott case to weave a diverse tapestry of freedom suits and slave lives on the frontier. By grounding this research in St. Louis, a city defined by the Antebellum frontier, VanderVelde reveals the unique circumstances surrounding the institution of slavery in westward expansion. Her investigation shows the enormous degree of variation among the individual litigants in the lives that lead to their decision to file suit for freedom. Although Dred Scott's loss is the most widely remembered, over 100 of the 300 St. Louis cases that went to court resulted in the plaintiff's emancipation. Beyond the successful outcomes, the very existence of these freedom suits helped to reshape the parameters of American slavery in the nation's expansion. Thanks to VanderVelde's thorough and original research, we can hear for the first time the vivid stories of a seemingly powerless group who chose to use a legal system that was so often arrayed against them in their fight for freedom from slavery.
| Author | : Daniel T. Rodgers |
| Publisher | : Princeton University Press |
| Total Pages | : 366 |
| Release | : 2020-10-06 |
| Genre | : History |
| ISBN | : 0691210551 |
For we must consider that we shall be as a city upon a hill," John Winthrop warned his fellow Puritans at New England's founding in 1630. More than three centuries later, Ronald Reagan remade that passage into a timeless celebration of American promise. How were Winthrop's long-forgotten words reinvented as a central statement of American identity and exceptionalism? In As a City on a Hill, leading American intellectual historian Daniel Rodgers tells the surprising story of one of the most celebrated documents in the canon of the American idea. In doing so, he brings to life the ideas Winthrop's text carried in its own time and the sharply different yearnings that have been attributed to it since. As a City on a Hill shows how much more malleable, more saturated with vulnerability, and less distinctly American Winthrop's "Model of Christian Charity" was than the document that twentieth-century Americans invented. Across almost four centuries, Rodgers traces striking shifts in the meaning of Winthrop's words--from Winthrop's own anxious reckoning with the scrutiny of the world, through Abraham Lincoln's haunting reference to this "almost chosen people," to the "city on a hill" that African Americans hoped to construct in Liberia, to the era of Donald Trump. As a City on a Hill reveals the circuitous, unexpected ways Winthrop's words came to lodge in American consciousness. At the same time, the book offers a probing reflection on how nationalism encourages the invention of "timeless" texts to straighten out the crooked realities of the past.
