The Bondsmans Burden
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Author | : Jenny Bourne (Professor of Economics) |
Publisher | : Cambridge University Press |
Total Pages | : 302 |
Release | : 1998 |
Genre | : History |
ISBN | : 9780521521383 |
Were slaves property or human beings under the law? In crafting answers to this question, Southern judges designed efficient laws that protected property rights and helped slavery remain economically viable. But, by preserving property rights, they sheltered the persons embodied by that property - the slaves themselves. Slave law therefore had unintended consequences: it generated rules that judges could apply to free persons, precedents that became the foundation for laws designed to protect ordinary Americans. The Bondsman's Burden, first published in 1998, provides a rigorous and compelling economic analysis of the common law of Southern slavery, inspecting thousands of legal disputes heard in Southern antebellum courts, disputes involving servants, employees, accident victims, animals, and other chattel property, as well as slaves. The common law, although it supported the institution of slavery, did not favor every individual slave owner who brought a grievance to court.
Author | : Jeff Forret |
Publisher | : LSU Press |
Total Pages | : 545 |
Release | : 2015-11-16 |
Genre | : History |
ISBN | : 0807161128 |
In the first-ever comprehensive analysis of violence between slaves in the antebellum South, Jeff Forret challenges persistent notions of slave communities as sites of unwavering harmony and solidarity. Though existing scholarship shows that intraracial black violence did not reach high levels until after Reconstruction, contemporary records bear witness to its regular presence among enslaved populations. Slave against Slave explores the roots of and motivations for such violence and the ways in which slaves, masters, churches, and civil and criminal laws worked to hold it in check. Far from focusing on violence alone, Forret’s work also adds depth to our understanding of morality among the enslaved, revealing how slaves sought to prevent violence and punish those who engaged in it. Forret mines a vast array of slave narratives, slaveholders’ journals, travelers’ accounts, and church and court records from across the South to approximate the prevalence of slave-against-slave violence prior to the Civil War. A diverse range of motives for these conflicts emerges, from tensions over status differences, to disagreements originating at work and in private, to discord relating to the slave economy and the web of debts that slaves owed one another, to courtship rivalries, marital disputes, and adulterous affairs. Forret also uncovers the role of explicitly gendered violence in bondpeople’s constructions of masculinity and femininity, suggesting a system of honor among slaves that would have been familiar to southern white men and women, had they cared to acknowledge it. Though many generations of scholars have examined violence in the South as perpetrated by and against whites, the internal clashes within the slave quarters have remained largely unexplored. Forret’s analysis of intraracial slave conflicts in the Old South examines narratives of violence in slave communities, opening a new line of inquiry into the study of American slavery.
Author | : Jenny Bourne Wahl |
Publisher | : Taylor & Francis |
Total Pages | : 372 |
Release | : 1998 |
Genre | : Law |
ISBN | : 9780815330875 |
First published in 1999. Routledge is an imprint of Taylor & Francis, an informa company.
Author | : Harrison Burns |
Publisher | : |
Total Pages | : 900 |
Release | : 1928 |
Genre | : Law reports, digests, etc |
ISBN | : |
Author | : |
Publisher | : |
Total Pages | : 1186 |
Release | : 1918 |
Genre | : Law reports, digests, etc |
ISBN | : |
Includes the decisions of the Supreme Courts of Alabama, Florida, Louisiana, and Mississippi, the Appellate Courts of Alabama and, Sept. 1928/Jan. 1929-Jan./Mar. 1941, the Courts of Appeal of Louisiana.
Author | : Richard J. Follett |
Publisher | : LSU Press |
Total Pages | : 316 |
Release | : 2005 |
Genre | : Business & Economics |
ISBN | : 9780807130384 |
"Until recently, scholars have viewed planters as either paternalistic lords who eschewed marketplace values or as entrepreneurs driven to business success. Follett offers a new view of the sugar masters as embracing both the capitalist market and a social ideology based on hierarchy, honor, and paternalism."--BOOK JACKET.
Author | : Ellen Hartigan-O'Connor |
Publisher | : University of Pennsylvania Press |
Total Pages | : 254 |
Release | : 2024-11-05 |
Genre | : History |
ISBN | : 1512826529 |
Reveals how, through auctions, early Americans learned capitalism As the first book-length study of auctions in early America, America Under the Hammer follows this ubiquitous but largely overlooked institution to reveal how, across the eighteenth and early nineteenth centuries, price became an accepted expression of value. From the earliest days of colonial conquest, auctions put Native land and human beings up for bidding alongside material goods, normalizing new economic practices that turned social relations into economic calculations and eventually became recognizable as nineteenth-century American capitalism. Starting in the eighteenth century, neighbors collectively turned speculative value into economic “facts” in the form of concrete prices for specific items, thereby establishing ideas about fair exchange in their communities. This consensus soon fractured: during the Revolutionary War, state governments auctioned loyalist property, weaponizing local group participation in pricing and distribution to punish political enemies. By the early nineteenth century, suspicion that auction outcomes were determined by manipulative auctioneers prompted politicians and satirists to police the boundaries of what counted as economic exchange and for whose benefit the economy operated. Women at auctions—as commodities, bidders, or beneficiaries—became a focal point for gendering economic value itself. By the 1830s, as abolitionists attacked the public sale of enslaved men, women, and children, auctions had enshrined a set of economic ideas—that any entity could be coded as property and priced through competition—that have become commonsense understandings all too seldom challenged. In contrast to histories focused on banks, currencies, or plantations, America Under the Hammer highlights an institution that integrated market, community, and household in ways that put gender, race, and social bonds at the center of ideas about economic worth. Women and men, enslaved and free, are active participants in this story rather than bystanders, and their labor, judgments, and bodies define the resulting contours of the American economy.
Author | : Andrew T. Fede |
Publisher | : University of Georgia Press |
Total Pages | : 307 |
Release | : 2024-10 |
Genre | : Law |
ISBN | : 0820367109 |
A Degraded Caste of Society traces the origins of twenty-first-century cases of interracial violence to the separate and unequal protection principles of the criminal law of enslavement in the southern United States. Andrew T. Fede explains how antebellum appellate court opinions and statutes, when read in a context that includes newspaper articles and trial court and census records, extended this doctrine to the South’s free Black people, consigning them to what South Carolina justice John Belton O’Neall called “a degraded caste of society,” in which they were “in no respect, on a perfect equality with the white man.” This written law either criminalized Black insolence or privileged private white interracial violence, which became a badge of slavery that continued to influence the law in action, contrary to the Constitution’s mandate of equal protection of the criminal law. The U.S. Supreme Court enabled this denial of equal justice, as did Congress, which did not make all private white racially motivated violence a crime until 2009, when it adopted the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act. Fede’s analysis supports that law’s constitutionality under the Thirteenth Amendment, while suggesting why—during the Jim Crow era and beyond—equal protection of the criminal law was not always realized, and why the curse of interracial violence has been a lingering badge of slavery.
Author | : Christopher Michael Curtis |
Publisher | : Cambridge University Press |
Total Pages | : 271 |
Release | : 2012-04-30 |
Genre | : Business & Economics |
ISBN | : 1107017408 |
Jefferson's Freeholders explores the processes by which Virginia was transformed from a British colony into a Southern slave state. Focusing on ideas of ownership, the book emphasizes the persistent influence of English common law on the state's political culture. It uniquely details how the traditional principles of land tenure were subverted by the economic and political changes of the nineteenth century and how they fostered law reforms that encouraged the idea that slavery should replace land ownership as the distinguishing basis for political power.
Author | : Steven Deyle |
Publisher | : Oxford University Press |
Total Pages | : 411 |
Release | : 2005-04-14 |
Genre | : Social Science |
ISBN | : 0195160401 |
Originating with the birth of the nation itself, in many respects, the story of the domestic slave trade is also the story of the early United States. While an external traffic in slaves had always been present, following the American Revolution this was replaced by a far more vibrant internal trade. Most importantly, an interregional commerce in slaves developed that turned human property into one of the most valuable forms of investment in the country, second only to land. In fact, this form of property became so valuable that when threatened with its ultimate extinction in 1860, southern slave owners believed they had little alternative but to leave the Union. Therefore, while the interregional trade produced great wealth for many people, and the nation, it also helped to tear the country apart.The domestic slave trade likewise played a fundamental role in antebellum American society. Led by professional traders, who greatly resembled northern entrepreneurs, this traffic was a central component in the market revolution of the early nineteenth century. In addition, the development of an extensive local trade meant that the domestic trade, in all its configurations, was a prominent feature in southern life. Yet, this indispensable part of the slave system also raised many troubling questions. For those outside the South, it affected their impression of both the region and the new nation. For slaveholders, it proved to be the most difficult part of their institution to defend. And for those who found themselves commodities in this trade, it was something that needed to be resisted at all costs.Carry Me Back restores the domestic slave trade to the prominent place that it deserves in early American history, exposing the many complexities of southern slavery and antebellum American life.