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Atlantic History  

Alison Games

The field of Atlantic history analyzes the Atlantic Ocean and its four adjoining continents as a single unit of historical analysis. The field is a style of inquiry as much as it is a study of a geographic region. It is an approach that emphasizes connections and circulations, and its practitioners tend to de-emphasize political borders in their interest in exploring the experiences of people whose lives were transformed by their location within this large region. The field’s focus is the period from c. 1450 to 1900, but important debates about periodization reflect the challenges of writing a history that has no single geographic vantage point yet strives to be as inclusive as possible. The history of the United States intersects with Atlantic history in multiple ways, although the fields are neither parallel nor coterminous. Assessing the topics of slavery and citizenship, as they developed in the United States and around the Atlantic, demonstrate the potential advantages of this broader perspective on US history. Although the field emphasizes the early modern era, legacies of Atlantic history pervade the modern world, and individuals and institutions continue to struggle to understand all of the ways these legacies shape legal, social, economic, cultural, and political practices in the first decades of the 21st century.

Article

Early American Slave Law  

Sally Hadden

Slave law in early America may be found in the formal written laws created in metropolitan places such as Paris or Madrid as well as locally within English colonies such as Barbados or South Carolina. These written laws constitute only one portion of the known law governing slave behavior, for individual masters created their own rules to restrict enslaved persons. These master-made rules of conduct almost never appear in print and were conveyed most often through oral transmission. Such vernacular laws provide another element of the limitations all enslaved people experienced in the colonial period. Those without literacy, including Native Americans or illiterate settlers, nonetheless had rules to limit slave behavior, even if they remained unwritten. Customary law, Bible precepts, and Islamic law all provided bases for understanding the rules that bound unfree persons. Most colonial law mandated barbaric punishments for slave crime, though these were sometimes commuted to banishment. Spanish and French codes and local ordinances did not always agree on how slaves should be treated. The numerous laws found in English colonies, sometimes wrongly denominated as codes, spread widely as individuals migrated; the number and variety of such laws makes comprehensive transimperial comparisons challenging. Laws might occasionally ban keeping slaves or trading in them, but most such laws were ignored. Slave courts typically operated in arbitrary, capricious ways that assumed slave guilt and accepted weak evidence to prove it. Runaways might, if they joined strong maroon communities (bands of runaways living together), end up enforcing the laws against slave flight, much as slave catchers and slave patrols did. Laws to prevent manumission by a master frequently required the posting of bonds to prevent those freed from becoming a financial burden on their communities. Later manumission laws often mandated the physical departure of those freed, creating emotional turmoil for the newly emancipated.