History Commons^™

Legal Slavery In America: A Precedent Set By A Black Plaintiff, Edwin Vazquez

Bound Away: The Liberty Journal of History

The legal precedent for slavery in America was set by a free black in a case decided by a seventeenth-century court granting the ownership of a black defendant to a black plaintiff. Slavery was not introduced by the arrival of the first Africans at Point Comfort in 1619. Ironically, it was introduced by precisely one of these first African arrivals to the New World. From this point, it developed into the known institution of slavery that later had to be quelled by a Civil War.

"Prophecies Of Loss": Debating Slave Flight During Virginia's Secession Crisis, Evan Turiano

Publications and Research

This article examines debates over fugitives from slavery during Virginia’s secession movement. By considering these debates in the context of Virginia’s history of freedom seekers, the constitutional politics of fugitive slave rendition, and white fears of politically informed slave resistance, this article clarifies how proslavery Virginians understood the threat posed by interstate slave flight in 1861. In the wake of Abraham Lincoln's election, proslavery Virginians on both sides of the secession conflict agreed that runaways posed a grave danger to the future of slavery in the state. Early in the convention, southeastern planters and northwestern unionists forged an alliance based …

Johnson V. M'Intosh: Christianity, Genocide, And The Dispossession Of Indigenous Peoples, Cynthia J. Boshell

Cal Poly Humboldt theses and projects

Using hermeneutical methodology, this paper examines some of the legal fictions that form the foundation of Federal Indian Law. The text of the U.S. Supreme Court’s 1823 Johnson v. M’Intosh opinion is evaluated through the lens of the Convention on the Prevention and Punishment of the Crime of Genocide to determine the extent to which the Supreme Court incorporated genocidal principles into United States common law. The genealogy of M’Intosh is examined to identify influences that are not fully apparent on the face of the case. International jurisprudential interpretations of the legal definition of genocide are summarized and used as …

Reconstructing The Black Family: How The Freedmen’S Bureau Sought To Shape Black Family Structures After Emancipation, Megan R. Busby

Honors Theses and Capstones

No abstract provided.

The Jamaican Maroons Of The 17th And 18th Centuries: Survivalists Of The New World, Lance J. Parker Jr

Dissertations and Theses

The Jamaican Maroons, in the beginning, served as fugitive slaves avoiding captivity and liberating other enslaved people. To stop the Maroons from liberating other enslaved people, the British granting them freedom on the condition that they stop freeing slaves and even return runaways. Historians portray the Maroons as either freedom fighters or collaborators, sometimes even both. I argue that both narratives were a part of Maroon history, but I want to introduce them as survivalists. My research's significance is that I am exploring how the Maroons transitioned from freedom fighters to collaborators through notions of cultural identity. This project aims …

Without Personhood: The Missing Point Of Slaves In Missouri's Emancipation-By-Residency Freedom Suit Jurisprudence, 1824-1837, Jacob Alfred Brandler

MSU Graduate Theses

From 1824 to 1837, the Supreme Court of Missouri developed a sophisticated caselaw establishing emancipation-by-residency—where a Missouri court could liberate an enslaved petitioner because of their residence in a free jurisdiction—as a basis of freedom suits. In 1852, however, the Court undermined the precedential value of those decisions and dismantled this basis when deciding Dred Scott’s case, Scott v. Emerson. Scholarship on Missouri’s freedom suits has highlighted how partisanship and the political atmosphere in Missouri as well as across the nation contributed to this outcome. This study adds to the historiography how the previous caselaw itself predisposed the result; …

The Origins And Uses Of The Three-Fifths Clause Related To Slavery And Taxation, William F. Hughes

Masters Theses

The Three-fifths clause of the 1787 U.S. Constitution is noted for having a role in perpetuating racial injustices of America’s early slave culture, solidifying the document as pro-slavery in design and practice. This thesis, however, examines the ubiquitous application of the three-fifths ratio as used in ancient societies, medieval governments, and colonial America. Being associated with proportions of scale, this understanding of the three-fifths formula is essential in supporting the intent of the Constitutional framers to create a proportional based system of government that encompassed citizenship, representation, and taxation as related to production theory. The empirical methodology used in this …

This Species Of Property: Slavery And The Properties Of Subjecthood In Anglo-American Law And Politics, 1619-1783, John N. Blanton

Dissertations, Theses, and Capstone Projects

This Species of Property examines the development of the law and practice of slavery in the 17^th and 18^th century Anglo-American empire through analysis of common law court decisions in England, Massachusetts, and Virginia. The dissertation argues that there was a long and vibrant debate over the legitimacy of the chattel principle – the definition of enslaved persons as a type of property – and that enslaved people and their allies pushed for the recognition of the legal humanity or subjecthood of the enslaved in colonial and metropolitan courts. This antislavery legal tradition culminated in the famous Somerset …

Policing Slavery: Order And The Development Of Early Nineteenth-Century New Orleans And Salvador, Gregory K. Weimer

FIU Electronic Theses and Dissertations

My dissertation explores the development of policing and slavery in two early nineteenth-century Atlantic cities. This project engages regionally distinct histories through an examination of legislative and police records in New Orleans, Louisiana, and Salvador, Bahia. Through these sources, my dissertation holds that the development of the theories and practices that guided “public order” emerged in similar ways in these Atlantic slaveholding cities. Enslaved people and their actions played an integral role in the evolution of “good order” and its policing. Legislators created laws and institutions to police enslaved people and promote order. In these instances, local government policed slavery …

'Dred Scott V. Sandford' Analysis, Sarah E. Roessler

Student Publications

The Scott v. Sandford decision will forever be known as a dark moment in America's history. The Supreme Court chose to rule on a controversial issue, and they made the wrong decision. Scott v. Sandford is an example of what can happen when the Court chooses to side with personal opinion instead of what is right.

Slaves To Contradictions: 13 Myths That Sustained Slavery, Wilson Huhn

Akron Law Faculty Publications

People have a fundamental need to think of themselves as “good people.” To achieve this we tell each other stories – we create myths – about ourselves and our society. These myths may be true or they may be false. The more discordant a myth is with reality, the more difficult it is to convince people to embrace it. In such cases to sustain the illusion of truth it may be necessary to develop an entire mythology – an integrated web of mutually supporting stories. This paper explores the system of myths that sustained the institution of slavery in the …

Slaves To Contradictions: 13 Myths That Sustained Slavery, Wilson Huhn

Wilson R. Huhn

People have a fundamental need to think of themselves as “good people.” To achieve this we tell each other stories – we create myths – about ourselves and our society. These myths may be true or they may be false. The more discordant a myth is with reality, the more difficult it is to convince people to embrace it. In such cases to sustain the illusion of truth it may be necessary to develop an entire mythology – an integrated web of mutually supporting stories. This paper explores the system of myths that sustained the institution of slavery in the …

A Plea For Freedom: Enslaved Independence Through Petitions For Freedom In Washington D.C. Between 1810 And 1830, Trevor J. Shalon

Department of History: Dissertations, Theses, and Student Research

Between 1810 and 1830, over 190 petitions for freedom by African Americans went through the District Court of Washington D.C. The free African American community which had emerged following the American Revolution had been restricted in the beginning of the nineteenth century and the rights granted to free and enslaved African Americans were retracted. The methods by which enslaved African Americans had used to obtain their freedom were eliminated and more innovative methods would needed in order to continue the expansion of the free community.

As the nineteenth century progressed, as other methods were eliminated, the number of petitions issued …

Warren County, Kentucky - Court Records (Sc 2527), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid and scans (Click on "Additional Files" below) for Manuscripts Small Collection 2527. Warrant (1822) to sheriff to take custody of a free mulatto man found in Warren County; certificates (2) and appointment (1) relating to slave patrols in Warren County (1824-1825); and undated power of attorney authorizing apprehension of a fugitive slave from New Orleans, Louisiana.

Pennsylvania Legislation Relating To Slavery

Adams County History

The following acts have been taken, complete or in part, from the published volumes of The Statutes At Large of Pennsylvania and Laws of Pennsylvania. These extracts are not all-inclusive, but do cover the years 1725/6-1847, from the province's first general statement of the legal standing of blacks, full-blooded and mixed, and the treatment to be afforded them, up to the state's rewritten and strengthened prohibition of the kidnapping of free blacks and the seizing of fugitive slaves. Included are not only acts showing the status and the protection of slaves, whether residents or sojourners, but also those requiring resident …

Understanding Emancipation: Lincoln's Proclamation And The Overthrow Of Slavery, Allen C. Guelzo

Civil War Era Studies Faculty Publications

The most common trope that governs understanding of Abraham Lincoln and emancipation is that of progress. The variations on that trope are legion, and they include notions of Lincoln's journey toward emancipation, his growth in understanding the justice of emancipation, and his path to the Emancipation Proclamation. "Lincoln was," as Horace Greeley put it, "a growing man"; growing from a stance of moral indifference and ignorance at the time of his election in 1860 toward deep conviction about African American freedom by the time of the Emancipation Proclamation less than two years later. That was a generous sentiment, since it …

Manuscript, Partly Printed Document Authorizing The Seizure Of 2 Slaves, 3 Horses, 80 Head Of Cattle, And Sixty Head Of Hogs, In Payment Of A Debt Owed By William Garborough And Hugh Rusk To William A. Austin, Jackson County, Florida, Dated January 22, 1858., William A. Austin

Documents Related to Slavery

State of Florida Know all men by these presents that Jackson County We William Garbrough and Hugh Rusk bound unto William A Austin by the sum of two hundred dollars and ... cents for the payment whereof well and truly to be made. we bind, ourselves. our heirs. executors and administrators. jointly and severally. firmly by these presents. signed and sealed this twenty second day of January A.D.1858 THE CONDITION OF .THE ABOVE OBLIGATION IS SUCH; that whereas James Griffin. Sheriff of Jackson County. by virtue of an execution in favor of the said William A. Austin against the said …

Liquor License, Barnwell District, South Carolina, August 21, 1841., Barnwell District, South Carolina

Broadus R. Littlejohn, Jr. Manuscript and Ephemera Collection

In which the licensee, William Robertson Jr., swears to not "sell give exchange barter" liquor to any slaves. Signed by C.A. Scott.

Deed Of Sale For Seven People (As Slaves) Sold By William O'Neale To John Henry Eaton, Washington, D.C., April 10, 1823., William O'Neale, John Henry Eaton

Broadus R. Littlejohn, Jr. Manuscript and Ephemera Collection

This deed or receipt acknowledges the exchange of $800 for seven slaves: Betsy Baker, 55; Nelly, 36 and her son Jim, 12 and daughter Jane, 7; Henney, 40, and her son Washington, 5; and Polly Quander, 21.

Letter From Josiah Masters To John Reade About A Slave Man Named Dick He (Masters) Wishes To Sell. New York, 1796., Josiah Masters

Broadus R. Littlejohn, Jr. Manuscript and Ephemera Collection

Masters writes to Reade that Dick "has been somewhat uneasy with me, the first cause [was] my separating his wench from him.

"The lowest price is one hundred pounds."

Addressed to Reade in Poughkeepsie, NY.