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The Laws of Slavery in Texas

Author: Randolph B. Campbell

Publisher: University of Texas Press

Published: 2010-02-01

Total Pages: 207

ISBN-13: 0292782780

The laws that governed the institution of slavery in early Texas were enacted over a fifty-year period in which Texas moved through incarnations as a Spanish colony, a Mexican state, an independent republic, a part of the United States, and a Confederate state. This unusual legal heritage sets Texas apart from the other slave-holding states and provides a unique opportunity to examine how slave laws were enacted and upheld as political and legal structures changed. The Laws of Slavery in Texas makes that examination possible by combining seminal historical essays with excerpts from key legal documents from the slave period and tying them together with interpretive commentary by the foremost scholar on the subject, Randolph B. Campbell. Campbell's commentary focuses on an aspect of slave law that was particularly evident in the evolving legal system of early Texas: the dilemma that arose when human beings were treated as property. As Campbell points out, defining slaves as moveable property, or chattel, presented a serious difficulty to those who wrote and interpreted the law because, unlike any other form of property, slaves were sentient beings. They were held responsible for their crimes, and in numerous other ways statute and case law dealing with slavery recognized the humanness of the enslaved. Attempts to protect the property rights of slave owners led to increasingly restrictive laws—including laws concerning free blacks—that were difficult to uphold. The documents in this collection reveal both the roots of the dilemma and its inevitable outcome.

Overlooking the Law

Author:

Publisher:

Published: 2012

Total Pages: 100

ISBN-13:

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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.

Address to the People of Texas, on the Protection of Slave Property

Author: H. M'Bride Pridgen

Publisher:

Published: 1859

Total Pages: 24

ISBN-13:

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Slavery and Freedom in Texas

Author: Jason A. Gillmer

Publisher: University of Georgia Press

Published: 2017

Total Pages: 266

ISBN-13: 0820351334

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In these absorbing accounts of five court cases, Jason A. Gillmer offers intimate glimpses into Texas society in the time of slavery. Each story unfolds along boundaries--between men and women, slave and free, black and white, rich and poor, old and young--as rigid social orders are upset in ways that drive people into the courtroom. One case involves a settler in a rural county along the Colorado River, his thirty-year relationship with an enslaved woman, and the claims of their children as heirs. A case in East Texas arose after an owner refused to pay an overseer who had shot one of her slaves. Another case details how a free family of color carved out a life in the sparsely populated marshland of Southeast Texas, only to lose it all as waves of new settlers "civilized" the county. An enslaved woman in Galveston who was set free in her owner's will--and who got an uncommon level of support from her attorneys--is the subject of another case. In a Central Texas community, as another case recounts, citizens forced a Choctaw native into court in an effort to gain freedom for his slave, a woman who easily "passed" as white. The cases considered here include Gaines v. Thomas, Clark v. Honey, Brady v. Price, and Webster v. Heard. All of them pitted communal attitudes and values against the exigencies of daily life in an often harsh place. Here are real people in their own words, as gathered from trial records, various legal documents, and many other sources. People of many colors, from diverse backgrounds, weave their way in and out of the narratives. We come to know what mattered most to them--and where those personal concerns stood before the law.

South to Freedom

Author: Alice L Baumgartner

Publisher: Basic Books

Published: 2020-11-10

Total Pages: 362

ISBN-13: 1541617770

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A brilliant and surprising account of the coming of the American Civil War, showing the crucial role of slaves who escaped to Mexico. The Underground Railroad to the North promised salvation to many American slaves before the Civil War. But thousands of people in the south-central United States escaped slavery not by heading north but by crossing the southern border into Mexico, where slavery was abolished in 1837. In South to Freedom, historianAlice L. Baumgartner tells the story of why Mexico abolished slavery and how its increasingly radical antislavery policies fueled the sectional crisis in the United States. Southerners hoped that annexing Texas and invading Mexico in the 1840s would stop runaways and secure slavery's future. Instead, the seizure of Alta California and Nuevo México upset the delicate political balance between free and slave states. This is a revelatory and essential new perspective on antebellum America and the causes of the Civil War.

Fugitive Slaves and Spaces of Freedom in North America

Author: Damian Alan Pargas

Publisher: University Press of Florida

Published: 2020-09-08

Total Pages: 276

ISBN-13: 0813065798

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This volume introduces a new way to study the experiences of runaway slaves by defining different “spaces of freedom” they inhabited. It also provides a groundbreaking continental view of fugitive slave migration, moving beyond the usual regional or national approaches to explore locations in Canada, the U.S. North and South, Mexico, and the Caribbean. Using newspapers, advertisements, and new demographic data, contributors show how events like the Revolutionary War and westward expansion shaped the slave experience. Contributors investigate sites of formal freedom, where slavery was abolished and refugees were legally free, to determine the extent to which fugitive slaves experienced freedom in places like Canada while still being subject to racism. In sites of semiformal freedom, as in the northern United States, fugitives’ claims to freedom were precarious because state abolition laws conflicted with federal fugitive slave laws. Contributors show how local committees strategized to interfere with the work of slave catchers to protect refugees. Sites of informal freedom were created within the slaveholding South, where runaways who felt relocating to distant destinations was too risky formed maroon communities or attempted to blend in with free black populations. These individuals procured false documents or changed their names to avoid detection and pass as free. The essays discuss slaves’ motivations for choosing these destinations, the social networks that supported their plans, what it was like to settle in their new societies, and how slave flight impacted broader debates about slavery. This volume redraws the map of escape and emancipation during this period, emphasizing the importance of place in defining the meaning and extent of freedom. Contributors: Kyle Ainsworth | Mekala Audain | Gordon S. Barker | Sylviane A. Diouf | Roy E. Finkenbine | Graham Russell Gao Hodges | Jeffrey R. Kerr-Ritchie | Viola Franziska Müller | James David Nichols | Damian Alan Pargas | Matthew Pinsker A volume in the series Southern Dissent, edited by Stanley Harrold and Randall M. Miller

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.

An Empire for Slavery

Author: Randolph B. Campbell

Publisher: LSU Press

Published: 1991-08-01

Total Pages: 324

ISBN-13: 9780807117231

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Winner of the Coral Horton Tullis, Summerfield G. Roberts, and Friends of the Dallas Public Library Awards Because Texas emerged from the western frontier relatively late in the formation of the antebellum nation, it is frequently and incorrectly perceived as fundamentally western in its political and social orientation. In fact, most of the settlers of this area were emigrants from the South, and many of these people brought with them their slaves and all aspects of slavery as it had matured in their native states. In An Empire for Slavery, Randolph B. Campbell examines slavery in the antebellum South’s newest state and reveals how significant slavery was to the history of Texas. The “peculiar institution” was perhaps the most important factor in determining the economic development and ideological orientation of the state in the years leading to the Civil War.