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.
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Early American Slave Law
Sally Hadden
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Slave Conspiracies in the British Colonies
James F. Dator
Slave conspiracies in the British colonies developed alongside the institution of slavery. They were terrifying events for colonists and enslaved people alike. For historians, they are complicated events to study because white British authorities left behind an archival record written from the perspective of the ruling class, which usually comprised slaveholders who were anxious to maintain their power and interpreted alleged plots in ways that accorded with their racialized view of the world. Nonetheless, studying these conspiracies tells us a considerable amount about the social climate of the period. Thus, studying them illuminates not only the emotions of fear and terror that haunted these societies but also the role that culture, economy, and political values played in their development.
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Women, Gender, and the Economies of Colonial North America
Ellen Hartigan-O'Connor
North American women were at the center of trade, exchange, economic production, and reproduction, from early encounters in the 16th century through the development of colonies, confederations, and nations by the end of the 18th century. They worked for the daily survival of their communities; they provided the material basis for economic and political expansion. There were no economies without them and no economy existed outside of a gender system that shaped and supported it. Connections of family, household, and community embedded the market economies in each region of North America. Gender acted through credit networks, control over others’ labor, and legal patterns of property ownership.
Colonialism, by which Europeans sought to acquire land, extract resources, grow profitable crops, and create a base of consumers for European manufactured goods, transformed local and transatlantic economies. Women’s labor in agriculture, trade, and reproduction changed in the context of expanding international economies, created by the transatlantic slave trade, new financial tools for long-distance investment, and an increasing demand for tropical groceries (tea, coffee, and sugar) and dry goods. Women adjusted their work to earn the money or goods that allowed them to participate in these circuits of exchange. Captive women themselves became exchangeable goods. By the end of the 18th century, people living across North America and the Caribbean had adopted revised and blended ideas about gender and commerce. Some came to redefine the economy itself as a force operating independently of women’s daily subsistence, a symbolic realm that divided as much as connected people.
