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This new book by Andrew Fede considers the law of freedom suits and manumission from the point-of-view of legal procedure, evidence rules, damage awards, and trial practicein addition to the abstract principles stated in the appellate decisions. The author shows that procedural and evidentiary roadblocks made it increasingly impossible for many slaves, or free blacks who were wrongfully held as slaves, to litigate their freedom. Even some of the most celebrated cases in which the courts freed slaves must be read as tempered by the legal realities the actors faced or the courts actually recognized in the process. Slave owners in almost all slave societies had the right to manumit or free all ...
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 privi...
First published in September 1992, the book traces the nature and development of the fundamental legal relationships among slaves, masters, and third parties. It shows how the colonial and antebellum Southern judges and legislators accommodated slaverye(tm)s social relationships into the common law, and how slave law evolved in different states over time in response to social political, economic, and intellectual developments. The book states that the law of slavery in the US South treated slaves both as people and property. It reconciles this apparent contradiction by demonstrating that slaves were defined in the law as items of human property without any legal rights. When the lawmakers re...
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...
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.
Challenging traditional accounts of the development of American private law, Peter Karsten offers an important new perspective on the making of the rules of common law and equity in nineteenth-century courts. The central story of that era, he finds, was a
There is no more legendary case in American legal history than Dred Scott v. Sanford. An extraordinary example of a slave suing his master for freedom, it led to a devastating pro-slavery ruling by Chief Justice Roger Taney in the Supreme Court and helped precipitate the Civil War. With deep appreciation for the courage required for a slave to challenge a master in court, VanVelde reshapes our understanding of border-state slavery and the impact of the seemingly powerless on American law.
Race and the Law in South Carolina carefully reconstructs the social history behind six legal disputes heard in the South Carolina courts between the 1840s and the 1940s. The book uses these case studies to probe the complex relationship between race and the law in the American South during a century that included slavery, Reconstruction, and Jim Crow. Throughout most of the period covered in the book, the South Carolina legal system obsessively drew racial lines, always to the detriment of nonwhite people. Occasionally, however, the legal system also provided a public forum--perhaps the region's best--within which racism could openly be challenged. The book emphasizes how dramatically the d...
Stephen Foster's "My Old Kentucky Home" has been designated as the official state song and performed at the Kentucky Derby for decades. In light of the ongoing social justice movement to end racial inequality, many have questioned whether the song should be played at public events, given its inaccurate depiction of slavery in the state. In Slavery and Freedom in the Bluegrass State, editor Gerald L. Smith presents a collection of powerful essays that uncover the long-forgotten stories of pain, protest, and perseverance of African Americans in Kentucky. Using the song and the museum site of My Old Kentucky Home as a central motif, the chapters move beyond historical myths to bring into sharpe...
Reveals that slavery has remained embedded in private law well after its ostensible demise.