Southern Slavery and the Law, 1619-1860
Southern Slavery and the Law, 1619-1860

Author: Thomas D. Morris

Publisher: Univ of North Carolina Press

Published: 2004-01-21

Total Pages: 588

ISBN-13: 0807864307

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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:

Published: 2003

Total Pages: 444

ISBN-13:

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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.

Published: 2001

Total Pages: 304

ISBN-13: 1584771070

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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

Published: 2015-04-20

Total Pages: 337

ISBN-13: 1469620081

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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.

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

Published: 2018-10-26

Total Pages: 320

ISBN-13: 1319242073

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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.

What This Cruel War Was Over
What This Cruel War Was Over

Author: Chandra Manning

Publisher: Vintage

Published: 2007-04-03

Total Pages: 364

ISBN-13: 0307267431

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Using letters, diaries, and regimental newspapers to take us inside the minds of Civil War soldiers—black and white, Northern and Southern—as they fought and marched across a divided country, this unprecedented account is “an essential contribution to our understanding of slavery and the Civil War" (The Philadelphia Inquirer). In this unprecedented account, Chandra Manning With stunning poise and narrative verve, Manning explores how the Union and Confederate soldiers came to identify slavery as the central issue of the war and what that meant for a tumultuous nation. This is a brilliant and eye-opening debut and an invaluable addition to our understanding of the Civil War as it has never been rendered before.

Compendium of the Impending Crisis of the South
Compendium of the Impending Crisis of the South

Author: Hinton Rowan Helper

Publisher: Gale Cengage Learning

Published: 1860

Total Pages: 224

ISBN-13:

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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

Published: 1988

Total Pages: 521

ISBN-13: 0195056396

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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.