Free Blacks, Slaves, and Slaveowners in Civil and Criminal Courts
Free Blacks, Slaves, and Slaveowners in Civil and Criminal Courts

Author: Paul Finkelman

Publisher: The Lawbook Exchange, Ltd.

Published: 2012-11

Total Pages: 642

ISBN-13: 1584777427

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Free Blacks, Slaves, and Slaveowners in Civil and Criminal Courts: The Pamphlet Literature. New York & London: Garland Publishing, Inc., 1988. 2 Vols. 642 pp. With a New Introduction by Paul Finkelman. Reprinted 2007, 2013 by The Lawbook Exchange, Ltd. ISBN-13: 9781584777427; ISBN-10: 1584777427. Hardcover. New. 14 Pamphlets reprinted in fascimile, in 2 volumes, with a New Introduction by Paul Finkelman: 1. Goodell, Abner Cheney Jr. The Trial and Execution, for Petit Treason, of Mark and Phillis, Slaves of Capt. John Codman, Who Murdered Their Master at Charleston, Mass., in 1755; for which the Man was Hanged and Gibbeted, and the Woman was Burned to Death, Including, also, Some Account of Other Punishments by Burning in Massachusetts. Cambridge, 1883. Cambridge, 1883. 39 pp. 2. Johnstone, Abraham. The address of Abraham Jolinstone, a black man, who was hanged at Woodbury in the county of Glocester, and state of New Jersey on Saturday 8th day of July last: to which is added his dying confession. Philadelphia, 1797. 47 pp. 3. The Life and Confession of Cato, a Slave of Elijah Mount, of Charleston, in the county of Montgomery, Who was Executed at Johnstown on the 22nd day of April 1803 for the murder of Mary Akins. Johnstown, 1803. 12 pp. 4. A Faithful Report of the Trial of Doctor William Little, on an Indictment for an Assault and Battery, Committed upon the Body of His Lawful Wife, Mrs. Jane Little, a Black Lady. New York, 1808. 24 pp. 5. The Commissioners of the Alms-House vs. Alexander Whistelo, a Black Man; Being a Remarkable Case of Bastardy, Tried and Adjudged by the Mayor, Recorder, and Several Aldermen of the City of New York. New York, 1808. 56 pp. Please contact us for a complete list of titles contained in these two volumes. Reprinted from the Garland series Slavery, Race, and the American Legal System, 1700-1872. Facsimiles of 20 scarce pamphlets are collected in these two volumes. As the title indicates, most are reports of criminal cases relating to such crimes as murder and assault. Others address political issues arising from legal rights of free blacks. Also included are accounts of two fascinating cases relating to problems caused by the end of slavery. One involves the legal status of informal marriages between former slaves, the other involves the validity of slave contracts signed before abolition. " The volumes in this series] belong in every library used for research, and in particular at all law school libraries. They will prove valuable to historians, lawyers, law teachers and students, and all persons interested in the problems of slavery and race in American experience." William M. Wiecek, American Journal of Legal History 33 (1989) 187.

The Dred Scott Case
The Dred Scott Case

Author: Roger Brooke Taney

Publisher: Legare Street Press

Published: 2022-10-27

Total Pages: 0

ISBN-13: 9781017251265

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The Washington University Libraries presents an online exhibit of documents regarding the Dred Scott case. American slave Dred Scott (1795?-1858) and his wife Harriet filed suit for their freedom in the Saint Louis Circuit Court in 1846. The U.S. Supreme Court decided in 1857 that the Scotts must remain slaves.

Slavery by Another Name
Slavery by Another Name

Author: Douglas A. Blackmon

Publisher: Icon Books

Published: 2012-10-04

Total Pages: 429

ISBN-13: 1848314132

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A Pulitzer Prize-winning history of the mistreatment of black Americans. In this 'precise and eloquent work' - as described in its Pulitzer Prize citation - Douglas A. Blackmon brings to light one of the most shameful chapters in American history - an 'Age of Neoslavery' that thrived in the aftermath of the Civil War through the dawn of World War II. Using a vast record of original documents and personal narratives, Blackmon unearths the lost stories of slaves and their descendants who journeyed into freedom after the Emancipation Proclamation and then back into the shadow of involuntary servitude thereafter. By turns moving, sobering and shocking, this unprecedented account reveals these stories, the companies that profited the most from neoslavery, and the insidious legacy of racism that reverberates today.

Slavery in the Courtroom
Slavery in the Courtroom

Author: Paul Finkelman

Publisher: The Lawbook Exchange, Ltd.

Published: 1998

Total Pages: 360

ISBN-13: 188636348X

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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.

Criminal Injustice
Criminal Injustice

Author: Glenn McNair

Publisher: University of Virginia Press

Published: 2009-04-20

Total Pages: 249

ISBN-13: 0813929830

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Criminal Injustice: Slaves and Free Blacks in Georgia’s Criminal Justice System is the most comprehensive study of the criminal justice system of a slave state to date. McNair traces the evolution of Georgia’s legal culture by examining its use of slave codes and slave patrols, as well as presenting data on crimes prosecuted, trial procedures and practices, conviction rates, the appellate process, and punishment. Based on more than four hundred capital cases, McNair’s study deploys both narrative and quantitative analysis to get at both the theory and the reality of the criminal procedure for slaves in the century leading up to the Civil War. He shows how whites moved from the utopian innocence of the colony’s original Trustees, who envisioned a society free of slavery and the depravity it inculcated in masters, to one where slaveholders became the enforcers of laws and informal rules, the severity of which was limited only by the increasing economic value of their slaves as property. The slaves themselves, regarded under the law both as moveable property and--for the purposes of punishment--as moral agents, had, inevitably, a radically different view of Georgia’s slave criminal justice system. Although the rules and procedures were largely the same for both races, the state charged and convicted blacks more frequently and punished them more severely than whites for the same crimes. Courts were also more punitive in their judgment and punishment of black defendants when their victims were white, a pattern of disparate treatment based on race that persists to this day. Informal systems of control in urban households and on rural plantations and farms complemented the formal system and enhanced the power of slaveowners. Criminal Injustice shows how the prerogatives of slavery and white racial domination trumped any hope for legal justice for blacks.

The American Law of Slavery, 1810-1860
The American Law of Slavery, 1810-1860

Author: Mark Tushnet

Publisher: Princeton University Press

Published: 2019-02-19

Total Pages: 273

ISBN-13: 0691198152

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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.

Homicide Justified
Homicide Justified

Author: Andrew Fede

Publisher: University of Georgia Press

Published: 2017

Total Pages: 362

ISBN-13: 0820351121

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This comparative study looks at the laws concerning the murder of slaves by their masters and at how these laws were implemented. Andrew T. Fede cites a wide range of cases--across time, place, and circumstance--to illuminate legal, judicial, and other complexities surrounding this regrettably common occurrence. These laws had evolved to limit in different ways the masters' rights to severely punish and even kill their slaves while protecting valuable enslaved people, understood as "property," from wanton destruction by hirers, overseers, and poor whites who did not own slaves. To explore the conflicts of masters' rights with state and colonial laws, Fede shows how slave homicide law evolved and was enforced not only in the United States but also in ancient Roman, Visigoth, Spanish, Portuguese, French, and British jurisdictions. His comparative approach reveals how legal reforms regarding slave homicide in antebellum times, like past reforms dictated by emperors and kings, were the products of changing perceptions of the interests of the public; of the individual slave owners; and of the slave owners' families, heirs, and creditors. Although some slave murders came to be regarded as capital offenses, the laws con-sistently reinforced the second-class status of slaves. This influence, Fede concludes, flowed over into the application of law to free African Americans and would even make itself felt in the legal attitudes that underlay the Jim Crow era.

Becoming Free, Remaining Free
Becoming Free, Remaining Free

Author: Judith Kelleher Schafer

Publisher: LSU Press

Published: 2003-05-01

Total Pages: 234

ISBN-13: 9780807128800

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Louisiana state law was unique in allowing slaves to contract for their freedom and to initiate a lawsuit for liberty. Judith Kelleher Schafer describes the ingenious and remarkably sophisticated ways New Orleans slaves used the legal system to gain their independence and find a voice in a society that ordinarily gave them none. Showing that remaining free was often as challenging as becoming free, Schafer also recounts numerous cases in which free people of color were forced to use the courts to prove their status. She further documents seventeen free blacks who, when faced with deportation, amazingly sued to enslave themselves. Schafer’s impressive detective work achieves a rare feat in the historical profession—the unveiling of an entirely new facet of the slave experience in the American South.

Slavery & the Law
Slavery & the Law

Author: Paul Finkelman

Publisher: Rowman & Littlefield

Published: 2002

Total Pages: 488

ISBN-13: 9780742521193

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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.