Southern Slavery and the Law, 1619-1860

Southern Slavery and the Law, 1619-1860
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.

Slave Law in the American South

Slave Law in the American South
Author: Mark V. Tushnet
Publisher:
Total Pages: 444
Release: 2003
Genre: Law
ISBN:

Tying together legal, historical, social, political and literary strands to show how the law itself was implicated in the persistence of slavery, this work sheds new light on slavery and Southern history, as it probes the conscience of a troubled jurist incapable of fully transcending his times.

Free Men All

Free Men All
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

Family Bonds

Family Bonds
Author: Ted Maris-Wolf
Publisher: UNC Press Books
Total Pages: 337
Release: 2015-04-20
Genre: Social Science
ISBN: 1469620081

Between 1854 and 1864, more than a hundred free African Americans in Virginia proposed to enslave themselves and, in some cases, their children. Ted Maris-Wolf explains this phenomenon as a response to state legislation that forced free African Americans to make a terrible choice: leave enslaved loved ones behind for freedom elsewhere or seek a way to remain in their communities, even by renouncing legal freedom. Maris-Wolf paints an intimate portrait of these people whose lives, liberty, and use of Virginia law offer new understandings of race and place in the upper South. Maris-Wolf shows how free African Americans quietly challenged prevailing notions of racial restriction and exclusion, weaving themselves into the social and economic fabric of their neighborhoods and claiming, through unconventional or counterintuitive means, certain basic rights of residency and family. Employing records from nearly every Virginia county, he pieces together the remarkable lives of Watkins Love, Jane Payne, and other African Americans who made themselves essential parts of their communities and, in some cases, gave up their legal freedom in order to maintain family and community ties.

Appealing for Liberty

Appealing for Liberty
Author: Loren Schweninger
Publisher: Oxford University Press
Total Pages: 441
Release: 2018-09-03
Genre: History
ISBN: 0190664290

Dred Scott and his landmark Supreme Court case are ingrained in the national memory, but he was just one of multitudes who appealed for their freedom in courtrooms across the country. Appealing for Liberty is the most comprehensive study to give voice to these African Americans, drawing from more than 2,000 suits and from the testimony of more than 4,000 plaintiffs from the Revolutionary era to the Civil War. Through the petitions, evidence, and testimony introduced in these court proceedings, the lives of the enslaved come sharply and poignantly into focus, as do many other aspects of southern society such as the efforts to preserve and re-unite black families. This book depicts in graphic terms, the pain, suffering, fears, and trepidations of the plaintiffs while discussing the legal systemlawyers, judges, juries, and testimonythat made judgments on their "causes," as the suits were often called. Arguments for freedom were diverse: slaves brought suits claiming they had been freed in wills and deeds, were born of free mothers, were descendants of free white women or Indian women; they charged that they were illegally imported to some states or were residents of the free states and territories. Those who testified on their behalf, usually against leaders of their communities, were generally white. So too were the lawyers who took these cases, many of them men of prominence, such as Francis Scott Key. More often than not, these men were slave owners themselves-- complicating our understanding of race relations in the antebellum period. A majority of the cases examined here were not appealed, nor did they create important judicial precedent. Indeed, most of the cases ended at the county, circuit, or district court level of various southern states. Yet the narratives of both those who gained their freedom and those who failed to do so, and the issues their suits raised, shed a bold and timely light on the history of race and liberty in the "land of the free."

Slavery, Freedom, and the Law in the Atlantic World

Slavery, Freedom, and the Law in the Atlantic World
Author: Sue Peabody
Publisher: Macmillan Higher Education
Total Pages: 320
Release: 2018-10-26
Genre: History
ISBN: 1319242073

During the era of revolution, independence, and emancipation in the north Atlantic, slavery and freedom were fluid and contested concepts. Individuals and groups turned to courts of law to define and enforce the status of indigenous Americans, forcibly imported Africans, and colonizing Europeans -- and their progeny. Legal institutions of the state manufactured and mediated a new, dynamic concept of freedom, inventing categories of race and codifying white privilege. In this collection of documents from the French, British, Spanish, and Portuguese empires, Peabody and Grinberg introduce the voices of slaves, slave-holders, jurists, legislators, and others who struggled to critique, overturn, justify, or simply describe the social order in which they found themselves. Discussion questions, illustrations, a glossary, and a bibliography allow students to analyze these rich documents and discern their lasting influences.

Compendium of the Impending Crisis of the South

Compendium of the Impending Crisis of the South
Author: Hinton Rowan Helper
Publisher: Gale Cengage Learning
Total Pages: 224
Release: 1860
Genre: Enslaved persons
ISBN:

This book condemns slavery, by appealed to whites' rational self-interest, rather than any altruism towards blacks. Helper claimed that slavery hurt the Southern economy by preventing economic development and industrialization, and that it was the main reason why the South had progressed so much less than the North since the late 18th century.

The Problem of Slavery in Western Culture

The Problem of Slavery in Western Culture
Author: David Brion Davis
Publisher: Oxford University Press, USA
Total Pages: 521
Release: 1988
Genre: History
ISBN: 0195056396

This classic Pulitzer Prize-winning book depicts the various ways the Old and the New Worlds responded to the intrinsic contradictions of slavery from antiquity to the early 1770s, and considers the religious, literary, and philosophical justifications and condemnations current in the abolition controversy.