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Slavery Law Primary Legal Sources Bill Schwesig Bibliographer for Common Law D’Angelo Law Library.

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Presentation on theme: "Slavery Law Primary Legal Sources Bill Schwesig Bibliographer for Common Law D’Angelo Law Library."— Presentation transcript:

1 Slavery Law Primary Legal Sources Bill Schwesig Bibliographer for Common Law D’Angelo Law Library

2  Published as  Slip laws/pamphlets  Session laws  Statutes at large  Codified laws Statutes

3  LexisNexis Laws in force, with case annotations LexisNexis  Hein Online Federal and State Session Laws Includes colonial and territorial lawsSession Laws  LLMC Digital Mainly session laws LLMC Digital  Making of Modern Law: Primary Sources Compilations of laws, municipal ordinances, constitutional conventions Making of Modern Law: Primary Sources Statute Sources

4  State slavery statutes UPA Academic Editions, c1989. Microfiche with print guide.  microfcXXKF4545.S5A D'Angelo Law, Microforms  Paul Finkelman (ed.), Statutes on slavery : the pamphlet literature. Garland (1988) XXKF4545.S5A ser.7 Regenstein Bookstacks, D'Angelo Bookstacks Slavery Statute Compilations

5  Supreme Court  Lower Appellate Courts  Names vary: Court of Appeal, Court of Errors  LexisNexis LexisNexis  LLMC Digital state reports, Federal Cases LLMC Digital  D’Angelo Law Library Annex  Scan and Deliver Courts of Record

6  Volume + reporter + page + court* + year  Sanders v. Ward, 25 Ga. 109 (1858) [State’s name alone means highest appellate court.] Sanders v. Ward  Early US Supreme Court cases include citations to US Reports and original nominative reports.  Scott v. Sandford, 60 U.S. 393; 19 How. 393 (1857) Scott v. Sandford  The citations in very old sources are to nominate reports that are now cited as volumes of Alabama Reports, Tennessee Reports, etc. Suggestion: Search by Case Name on LexisNexis Legal Citations

7  LexisNexis is useful LexisNexis  Digests are not very useful Legal issue may involve slavery per se  Secondary Sources and collections  Paul Finkelman, Slavery in the courtroom : an annotated bibliography of American cases. Library of Congress (1985) / by Paul Finkelman. XXKF4545.S5A D'Angelo Bookstacks, Regenstein Bookstacks  Jacob D. Wheeler, A practical treatise on the law of slavery. (1837) Available as an ebook.Available as an ebook  Making of Modern Law: Legal Treatises Making of Modern Law: Legal Treatises Finding Cases

8  Slavery, race, and the American legal system, , edited by Paul Finkelman Contents: I. Southern Slaves in Free State Courts; II. Fugitive Slaves and American Courts; III. Abolitionists in Northern Courts; IV. Statutes on Slavery; V. Free Blacks, Slaves and Slave-owners in Civil and Criminal Courts; VI. The African Slave Trade and American Courts; VII. Slave Rebels, Abolitionists and Southern Courts. XXKF4545.S5A D’Angelo Bookstacks, Regenstein Bookstacks Slavery Case Law Collections

9  Superior Courts  County and Municipal Courts  Law and Chancery Trial Courts

10  Complaint or indictment  Docket sheet  Motions  Orders  Final order or memorandum of opinion  Verbatim transcript  Many/all documents filed electronically  Closed cases transferred to records facility or archive Modern Trial Records

11  Limited records  Dockets  Minutes  Case name indexes  Located at State Archives  Not all records survive Historical Court Records

12  Appellate cases  Published trials Making of Modern Law: Trials Hein Online World Trial Library Making of Modern Law: Trials Hein Online World Trial Library  News accounts  Court record indexes State Archives finding aids Ancestry Library Edition FamilySearch.com Ancestry Library Edition Identifying trial level cases

13  Library of Congress  Slaves and the Courts, Slaves and the Courts,  From Slavery to Freedom … From Slavery to Freedom …  Slavery Resource Guide Slavery Resource Guide  Yale Libraries  Slavery and Abolition Portal Slavery and Abolition Portal  Researching Race in the American Trials Collection Researching Race in the American Trials Collection Digital Collections

14  Northwest Ordinance of Art. 6. There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in the punishment of crimes whereof the party shall have been duly convicted: Provided, always, That any person escaping into the same, from whom labor or service is lawfully claimed in any one of the original States, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or service as aforesaid.  Did not emancipate slaves that had already been brought into the territory.  Map Map Slavery in Illinois

15  Allowed indentured servitude (as criminal sentence) and slave labor in mines  1840 Census still listed slaves in Illinois  Constitution of 1848 abolished slavery in Illinois, but did not give equal civil rights to blacks  Constitution of 1870 eliminated all Constitutional legal disabilities of blacks Illinois Constitution of 1818

16  Since 1813, the Illinois Territory excluded free Negroes [Ill Terr Laws 17]Ill Terr Laws 17  The State’s First Black Law was passed at the first session of the General Assembly [1819 Ill Laws 354]1819 Ill Laws 354  Blacks without a certificate of freedom were deemed runaway slaves, and forbidden to enter the state.  A more severe Black Law was enacted in 1853, forbidding blacks from another state to remain in the state for more than 10 days. [1853 Ill Laws 57]1853 Ill Laws 57  Illinois Black Codes (illustrated article) Illinois Black Codes  Repealed in 1865, after the ratification of the 14 th Amendment to the U.S. Constitution Black Codes

17  Fugitive Slave Act of 1850  Colonization movement  Dred Scott  Lincoln-Douglas Debates  Illinois State Archives: Illinois Servitude and Emancipation Records (1722–1863)Illinois Servitude and Emancipation Records (1722–1863 Later Developments

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