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Slavery, Freedom, and the Law in the Atlantic World
A Brief History with DocumentsFirst Edition ©2007
During the era of revolution, independence, and emancipation in the north Atlantic, "slavery" and "freedom" were fluid and contested concepts. Individuals and groups turned to courts of law to define and enforce the status of indigenous Americans, forcibly imported Africans, and colonizing Europeans...
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During the era of revolution, independence, and emancipation in the north Atlantic, "slavery" and "freedom" were fluid and contested concepts. Individuals and groups turned to courts of law to define and enforce the status of indigenous Americans, forcibly imported Africans, and colonizing Europeans -- and their progeny. Legal institutions of the state manufactured and mediated a new, dynamic concept of freedom, inventing categories of race and codifying white privilege. In this collection of documents from the French, British, Spanish, and Portuguese empires, Peabody and Grinberg introduce the voices of slaves, slave-holders, jurists, legislators, and others who struggled to critique, overturn, justify, or simply describe the social order in which they found themselves. Discussion questions, illustrations, a glossary, and a bibliography allow students to analyze these rich documents and discern their lasting influences.
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Table of Contents
Table of Contents Foreword
Preface
A Note about Editing, Translation, and Racial Terminology List of Illustrations
PART ONE Introduction: Slavery, Freedom, and the Law
Slavery and Freedom in the French Atlantic and the Haitian Revolution
Slavery and Freedom in the British Atlantic and the United States
Slavery and Freedom in the Spanish Atlantic
Slavery and Freedom in the Portuguese Atlantic and Brazil
The Meaning of Freedom
PART TWO The Documents
1. The French Atlantic and the Haitian Revolution
1. French Crown, The Code Noir, 1685
2. A Tavern Keeper Sues for Her Freedom in Martinique (Binture v. La Pallu) (1705–1714)
Governor Machault, Letter to the Secretary of State for the Marine, August 30, 1704 Acting Intendant Mithon, Judgment on Babet Binture’s Petition for Freedom, April 8, 1705 Intendant Vaucresson, Pronouncement, August 25, 1708 Governor Phélypeaux, Letter to the Secretary of State for the Marine, April 6, 1713 Intendant Vaucresson, Letter to the Secretary of State for the Marine, September 10, 1714 3. French Royal Decree on Manumitting Slaves, October 24, 1713
4. Saint-Domingue Council Manumits a Slave over the Objections of His Owner August 6, 1708
5. Frances Freedom Principle and Race, 1759 6. Jacques-Henri Bernardin de Saint-Pierre, The Code Noir in the French Empire, 1768
7. A Woman of African and European Ancestry Seeks Her Freedom in Saint Domingue, 1771–1775 8. The Haitian Revolution, 1791-1806
French Commissioner Sonthonax, Emancipation Decree, 1793
French National Convention Abolishes Slavery, 1794
Constitution of the Republic of Haiti, December 27, 1806 2. England, the British Colonies and the United States
9. John Guthrie, Francis Sadler, and Captain Cudjoe, Leeward Treaty, Jamaica, March 1, 1739
10. The Somerset Case: Englands Freedom Principle, 1772
Francis Hargrave, Arguments for Somersets Freedom, 1772
James Wallace and John Dunning, On Behalf of the Slaveholder, 1772
Chief Justice William Murray, Earl of Mansfield, Decision, June 22, 1772
11. Commonwealth of Pennsylvania, An Act for the Gradual Abolition of Slavery, 1780
12. Constitution of the United States of America, 1787
13. U.S. Congress, An Act to Prohibit the Importation of Slaves, 1807-1808
14. The Anti-Slavery Record, The Humanity of the Africo-Americans, 1836
15. A Free Man of Color Sues for the Right to Vote in Pennsylvania, 1837 Judge Scott, Instructions to the Jury Judge C.J. Gibson, Pennsylvania Supreme Court Opinion in Hobbs et al. v. Fogg, 1837 16. Kidnapping, 1838
17. A Master Tries to Free His Slaves in Georgia, ca. 1850-1855
Thomas J. Waters, Testament , ca. 1850
Judge Joseph H. Lumpkin, Opinion, October 1854
Judge Joseph H. Lumpkin, Opinion, September 1855
18. Summary Trial and Execution of a Carolina Slave, 1854 19. Amendments 13-15 to the Constitution of the United States of America, 1865–1870 20. Frederick Dielman, Celebrating Abolition, Washington, D.C., 1866
21. State of Mississippi, Enticement Law, November 25, 1865
3. Spain and Its American Colonies
22. Spanish Crown, Las Siete Partidas, 1265
23. Felipe Guamán Poma de Ayala, African Slaves and Incas in Seventeenth-Century Peru, ca. 1615 24. Spanish Slave Codes in the Americas, 1784-1789 Colonial Government of Santo Domingo, The Carolina Black Code, December 14, 1784
Spanish Crown, Royal Instructions for the Education, Treatment, and Work of the Slaves, Aranjuez, May 31, 1789
25. Proclamation of the People against the Purchase of Freedom for Slaves, Ecuador, 1792
26. Freedom from Abuse, Ecuador, 1794 Manumission of María Chiquinquirá Díaz in Ecuador, 1794 27. National Independence and Abolition, Ecuador, 1822
Francisco Rosi and Others, Petition for the Establishment of a Voluntary System of Mutual Aid among the Slaves for Their Freedom, Guayaquil, August 23, 1822
José Leocadio Llona, Provisional Regulations for the Fortunate Issue of the Freeing of the Slaves, Guayaquil, September 19, 1822 José Leocadio Llona and Dr. Joaquín Salazar, Responses 28. Slavery after Independence, Peru, 1821 General José de San Martín, Decree Declaring Freedom for Children Born of Slaves after July 28, 1821 "Just Evaluation" Case of Joana Monica, Lima, Peru, 1826
29. Don Gerónimo Valdés, Regulations concerning Slaves Destined for Cuba, November 14, 1842
30. Tomasa Jiménez, et al., Spanish Slaves Petition for Freedom, Madrid, March 29, 1836 31. A Bread Seller and Seller of Fodder, Havana, Cuba, ca. 1851
32. Royal Order, Madrid, August 2, 1861
33. Spanish Crown, Law for the Suppression of Slavery and Patronage [in Cuba], Madrid, February 13, 1880
4. Portugal and Brazil
34. Portuguese Crown, Ordinances and Laws of the Kingdom of Portugal Compiled by Mandate of the Very High Catholic and Powerful King Philip, 1603
35. Portuguese Crown, Law of December 24th, 1734 36. The Coartação of Slave Rosa Gonçalves da Fonseca, Minas Gerais, Brazil, 1769-1770 Francisco Fonseca, Response by Widower of Former Owner Úrsula Gonçalves to Suit by Rosa Gonçalves da Fonseca, 1769 Francisco Ferreira dos Santos, Judge’s Opinion Submitted to the Governor, 1770 37. Portuguese Crown, Law of Liberty, June 6, 1755
38. The Freedom Suit of the Slave Liberata, Desterro, Santa Catarina, 1813
Francisco José, Petition to the Municipal Judge of Desterro, July 1813 39. Jacques Arago, Iron Mask and Collar for Punishing Slaves, Brazil, ca. 1817-1820 40. Political Constitution of the Empire of Brazil, 1824
41. Legislative Measures against the Slave Trade, Brazil, 1831-1850
Law of November 7th, 1831
Law No. 581, September 4, 1850
42. Battle in the Courts Various Slaves, Freedom Lawsuit, Barra Mansa (Paraíba River Valley), Rio de Janeiro, 1866 Slaves Lino and Lourenço, Freedom Lawsuit, Rio Pardo, Rio Grande do Sul, 1866–1875 43. O Mosquito, Propaganda against Brazil’s Free Womb Law, August 19, 1871 44. Brazilian Crown, The Free Womb Law (Law 2040), September 28, 1871 45. Just Evaluation of a Slave: The Case of Eubrásia, Campinas, São Paulo, 1881–1883 46. Brazilian Crown, The Áurea Law: Abolition of Slavery, May 13, 1888
5. Epilogue: The Case of Andrea Quesada, Cienfuegos, Cuba, 1906–1907 REBECCA SCOTT AND DANIEL NEMSER, WITH THE ASSISTANCE OF ORLANDO GARCÍA MARTÍNEZ
Appendixes
A Chronology of the History of Slavery, Antislavery, and Emancipation (1265–1888)
Questions for Consideration
Selected Bibliography
Index
Preface
A Note about Editing, Translation, and Racial Terminology List of Illustrations
PART ONE Introduction: Slavery, Freedom, and the Law
Slavery and Freedom in the French Atlantic and the Haitian Revolution
Slavery and Freedom in the British Atlantic and the United States
Slavery and Freedom in the Spanish Atlantic
Slavery and Freedom in the Portuguese Atlantic and Brazil
The Meaning of Freedom
PART TWO The Documents
1. The French Atlantic and the Haitian Revolution
1. French Crown, The Code Noir, 1685
2. A Tavern Keeper Sues for Her Freedom in Martinique (Binture v. La Pallu) (1705–1714)
Governor Machault, Letter to the Secretary of State for the Marine, August 30, 1704 Acting Intendant Mithon, Judgment on Babet Binture’s Petition for Freedom, April 8, 1705 Intendant Vaucresson, Pronouncement, August 25, 1708 Governor Phélypeaux, Letter to the Secretary of State for the Marine, April 6, 1713 Intendant Vaucresson, Letter to the Secretary of State for the Marine, September 10, 1714 3. French Royal Decree on Manumitting Slaves, October 24, 1713
4. Saint-Domingue Council Manumits a Slave over the Objections of His Owner August 6, 1708
5. Frances Freedom Principle and Race, 1759 6. Jacques-Henri Bernardin de Saint-Pierre, The Code Noir in the French Empire, 1768
7. A Woman of African and European Ancestry Seeks Her Freedom in Saint Domingue, 1771–1775 8. The Haitian Revolution, 1791-1806
French Commissioner Sonthonax, Emancipation Decree, 1793
French National Convention Abolishes Slavery, 1794
Constitution of the Republic of Haiti, December 27, 1806 2. England, the British Colonies and the United States
9. John Guthrie, Francis Sadler, and Captain Cudjoe, Leeward Treaty, Jamaica, March 1, 1739
10. The Somerset Case: Englands Freedom Principle, 1772
Francis Hargrave, Arguments for Somersets Freedom, 1772
James Wallace and John Dunning, On Behalf of the Slaveholder, 1772
Chief Justice William Murray, Earl of Mansfield, Decision, June 22, 1772
11. Commonwealth of Pennsylvania, An Act for the Gradual Abolition of Slavery, 1780
12. Constitution of the United States of America, 1787
13. U.S. Congress, An Act to Prohibit the Importation of Slaves, 1807-1808
14. The Anti-Slavery Record, The Humanity of the Africo-Americans, 1836
15. A Free Man of Color Sues for the Right to Vote in Pennsylvania, 1837 Judge Scott, Instructions to the Jury Judge C.J. Gibson, Pennsylvania Supreme Court Opinion in Hobbs et al. v. Fogg, 1837 16. Kidnapping, 1838
17. A Master Tries to Free His Slaves in Georgia, ca. 1850-1855
Thomas J. Waters, Testament , ca. 1850
Judge Joseph H. Lumpkin, Opinion, October 1854
Judge Joseph H. Lumpkin, Opinion, September 1855
18. Summary Trial and Execution of a Carolina Slave, 1854 19. Amendments 13-15 to the Constitution of the United States of America, 1865–1870 20. Frederick Dielman, Celebrating Abolition, Washington, D.C., 1866
21. State of Mississippi, Enticement Law, November 25, 1865
3. Spain and Its American Colonies
22. Spanish Crown, Las Siete Partidas, 1265
23. Felipe Guamán Poma de Ayala, African Slaves and Incas in Seventeenth-Century Peru, ca. 1615 24. Spanish Slave Codes in the Americas, 1784-1789 Colonial Government of Santo Domingo, The Carolina Black Code, December 14, 1784
Spanish Crown, Royal Instructions for the Education, Treatment, and Work of the Slaves, Aranjuez, May 31, 1789
25. Proclamation of the People against the Purchase of Freedom for Slaves, Ecuador, 1792
26. Freedom from Abuse, Ecuador, 1794 Manumission of María Chiquinquirá Díaz in Ecuador, 1794 27. National Independence and Abolition, Ecuador, 1822
Francisco Rosi and Others, Petition for the Establishment of a Voluntary System of Mutual Aid among the Slaves for Their Freedom, Guayaquil, August 23, 1822
José Leocadio Llona, Provisional Regulations for the Fortunate Issue of the Freeing of the Slaves, Guayaquil, September 19, 1822 José Leocadio Llona and Dr. Joaquín Salazar, Responses 28. Slavery after Independence, Peru, 1821 General José de San Martín, Decree Declaring Freedom for Children Born of Slaves after July 28, 1821 "Just Evaluation" Case of Joana Monica, Lima, Peru, 1826
29. Don Gerónimo Valdés, Regulations concerning Slaves Destined for Cuba, November 14, 1842
30. Tomasa Jiménez, et al., Spanish Slaves Petition for Freedom, Madrid, March 29, 1836 31. A Bread Seller and Seller of Fodder, Havana, Cuba, ca. 1851
32. Royal Order, Madrid, August 2, 1861
33. Spanish Crown, Law for the Suppression of Slavery and Patronage [in Cuba], Madrid, February 13, 1880
4. Portugal and Brazil
34. Portuguese Crown, Ordinances and Laws of the Kingdom of Portugal Compiled by Mandate of the Very High Catholic and Powerful King Philip, 1603
35. Portuguese Crown, Law of December 24th, 1734 36. The Coartação of Slave Rosa Gonçalves da Fonseca, Minas Gerais, Brazil, 1769-1770 Francisco Fonseca, Response by Widower of Former Owner Úrsula Gonçalves to Suit by Rosa Gonçalves da Fonseca, 1769 Francisco Ferreira dos Santos, Judge’s Opinion Submitted to the Governor, 1770 37. Portuguese Crown, Law of Liberty, June 6, 1755
38. The Freedom Suit of the Slave Liberata, Desterro, Santa Catarina, 1813
Francisco José, Petition to the Municipal Judge of Desterro, July 1813 39. Jacques Arago, Iron Mask and Collar for Punishing Slaves, Brazil, ca. 1817-1820 40. Political Constitution of the Empire of Brazil, 1824
41. Legislative Measures against the Slave Trade, Brazil, 1831-1850
Law of November 7th, 1831
Law No. 581, September 4, 1850
42. Battle in the Courts Various Slaves, Freedom Lawsuit, Barra Mansa (Paraíba River Valley), Rio de Janeiro, 1866 Slaves Lino and Lourenço, Freedom Lawsuit, Rio Pardo, Rio Grande do Sul, 1866–1875 43. O Mosquito, Propaganda against Brazil’s Free Womb Law, August 19, 1871 44. Brazilian Crown, The Free Womb Law (Law 2040), September 28, 1871 45. Just Evaluation of a Slave: The Case of Eubrásia, Campinas, São Paulo, 1881–1883 46. Brazilian Crown, The Áurea Law: Abolition of Slavery, May 13, 1888
5. Epilogue: The Case of Andrea Quesada, Cienfuegos, Cuba, 1906–1907 REBECCA SCOTT AND DANIEL NEMSER, WITH THE ASSISTANCE OF ORLANDO GARCÍA MARTÍNEZ
Appendixes
A Chronology of the History of Slavery, Antislavery, and Emancipation (1265–1888)
Questions for Consideration
Selected Bibliography
Index
Authors
Sue Peabody
Sue Peabody (PhD, University of Iowa) is associate professor of history at Washington State University, Vancouver. Her influential book There Are No Slaves in France (1996) examines the legal history of French slavery and race in the eighteenth century. Peabodys current research focuses on the legal concept of "Free Soil" in the wider Atlantic world.
Keila Grinberg
Keila Grinberg (PhD, Universidade Federal Fluminense), is an associate professor of history at the Universidade Federal do Rio de Janeiro. She is an expert on slavery, civil law, and citizenship in Brazil, subjects on which she has published in the United States, Brazil, and elsewhere.
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