American Legal History Research Guide

"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."
Online Resource - eBook

... [R]acial slavery came to the English colonies as an institution without strict legal definitions or guidelines... [T]here 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. -- Also available as an online resource

Women and Slavery offers readers an opportunity to examine the establishment, growth, and evolution of slavery in the United States as it impacted women-enslaved and free, African American and white, wealthy and poor, northern and southern. The primary documents-including newspaper articles, broadsides, cartoons, pamphlets, speeches, photographs, memoirs, and editorials-are organized thematically and represent cultural, political, religious, economic, and social perspectives on this dark and complex period in American history.

A radical reconstruction of the founders' debate over slavery and the Constitution.

The decline of slavery throughout the Atlantic world was a protracted affair, says Patrick Rael, but no other nation endured anything like the United States. Here the process took from 1777, when Vermont wrote slavery out of its state constitution, to 1865, when the Thirteenth Amendment abolished slavery nationwide. He not only takes a far longer view of slavery's demise than do those who date it to the rise of abolitionism in 1831, he also places it in a broader Atlantic context. We see how slavery ended variously by consent or force across time and place and how views on slavery evolved differently between the centers of European power and their colonial peripheries-some of which would become power centers themselves. Rael shows how African Americans played the central role in ending slavery in the United States. Fueled by new Revolutionary ideals of self-rule and universal equality-and on their own or alongside abolitionists-both slaves and free blacks slowly turned American opinion against the slave interests in the South.

Before the Civil War, colonization schemes and black laws threatened to deport former slaves born in the United States. Birthright Citizens recovers the story of how African American activists remade national belonging through battles in legislatures, conventions, and courthouses. They faced formidable opposition, most notoriously from the US Supreme Court decision in Dred Scott. Still, Martha S. Jones explains, no single case defined their status. Former slaves studied law, secured allies, and conducted themselves like citizens, establishing their status through local, everyday claims. All along they argued that birth guaranteed their rights. With fresh archival sources and an ambitious reframing of constitutional law-making before the Civil War, Jones shows how the Fourteenth Amendment constitutionalized the birthright principle, and black Americans' aspirations were realized. Birthright Citizens tells how African American activists radically transformed the terms of citizenship for all Americans.