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The Laws of Slavery in Texas - Historical Documents and Essays (Paperback)
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The Laws of Slavery in Texas - Historical Documents and Essays (Paperback)
Series: Texas Legal Studies Series
Expected to ship within 10 - 15 working days
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The laws that governed the institution of slavery in early Texas
were enacted over a fifty-year period in which Texas moved through
incarnations as a Spanish colony, a Mexican state, an independent
republic, a part of the United States, and a Confederate state.
This unusual legal heritage sets Texas apart from the other
slave-holding states and provides a unique opportunity to examine
how slave laws were enacted and upheld as political and legal
structures changed. The Laws of Slavery in Texas makes that
examination possible by combining seminal historical essays with
excerpts from key legal documents from the slave period and tying
them together with interpretive commentary by the foremost scholar
on the subject, Randolph B. Campbell. Campbell's commentary focuses
on an aspect of slave law that was particularly evident in the
evolving legal system of early Texas: the dilemma that arose when
human beings were treated as property. As Campbell points out,
defining slaves as moveable property, or chattel, presented a
serious difficulty to those who wrote and interpreted the law
because, unlike any other form of property, slaves were sentient
beings. They were held responsible for their crimes, and in
numerous other ways statute and case law dealing with slavery
recognized the humanness of the enslaved. Attempts to protect the
property rights of slave owners led to increasingly restrictive
laws-including laws concerning free blacks-that were difficult to
uphold. The documents in this collection reveal both the roots of
the dilemma and its inevitable outcome.
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