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The day-to-day trade of human beings involved the brutal practice of separating mothers from their children. Though there were some laws to protect the rights of slave women, the usual practice was to sell mothers with their infants together. However, as the advertisement below indicates, a child who had reached the age of six was already regarded as old enough to be bought separately. This post, it should be noted, is found in the Pennsylvania Gazette, a Philadelphia-based newspaper cofounded by Benjamin Franklin.

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Johnie D. Smith

lawyer and judge, was born A. Macon Bolling in Indiana; the names of his parents and the exact date of his birth are unknown. He changed his name to Macon Bolling Allen by an act of the Massachusetts legislature on 26 January 1844. Details of Allen's early life and education are sparse and contradictory. His birth name is given in some sources as Malcolm B. Allen, and his birthplace as South Carolina. Evidence suggests that he lived in Maine and Massachusetts as a young man. Maine denied his initial application to the Maine bar because of allegations that he was not a state citizen, but he purportedly ran a Portland business before 1844. It is known that he read law in the Maine offices of two white abolitionist lawyers, Samuel E. Sewell and General Samuel Fessenden and that Fessenden promoted his admission to the Maine ...

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Glenn Allen Knoblock

was a native of South Carolina. Baker was likely born enslaved, but nothing is known of his early life. In 1880, at the age of twenty-two, he was living in Effingham, South Carolina, with his eighteen-year old wife Lavinia and earned a living as a farmer. Nearly two decades later Baker's life, and that of his family, would be turned upside down and end in tragedy as a result of a political appointment following the presidential election of 1896.

By 1897Frazier and Lavinia Baker were living in Lake City, South Carolina, their family having grown to include six children, daughters Cora, Rosa, Sara and newborn Julia, and sons Lincoln and William. In the spring of 1897Frazier Baker received a political appointment from the newly elected president, William McKinley as postmaster of the predominantly white community of Lake City How Baker gained ...

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Russell Hopley

jurist, was born in al-Qayrawan in southern Tunisia to a family that originated among the Banu Birzal tribe of Zenata Berbers. His full name was Abu ʾl-Qasim b. Ah.mad b. Muh.ammad al-Balawi al-Qayrawani al-Burzuli.

Burzuli received his early education in al Qayrawan where he pursued a traditional course of study in the Islamic sciences and showed considerable promise in the field of Islamic law Central to his training in jurisprudence was the eminent theologian Ibn ʿArafa d 1401 who played a significant role in the elaboration of the Maliki school of Islamic law in North Africa in the fourteenth century Burzuli likewise received a firm grounding in the various fields of Islamic learning at the hand of several influential scholars from al Qayrawan among them Abu Muh ammad al Shabibi d 1380 an important jurist with whom Burzuli served a lengthy apprenticeship and from whom he learned the skill of ...

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Celia  

Steven J. Niven

the first woman executed by the state of Florida, was born a slave in Georgia, the eldest of six children of Jacob Bryan, a white planter, and Susan (maiden name unknown), who was Bryan's slave and also his common-law wife. Legal documents indicate that in January 1830 Bryan brought Susan and his children to a plantation in Duval County, Florida.

In November 1842Jacob Bryan executed a legal deed of manumission to emancipate Susan and several of his children though the historical record is unclear as to whether Celia was one of those freed Manumission of slaves had been possible in Florida under Spanish law though usually for male slaves who had fought for the Spanish Empire and for the common law slave wives and slave children of white planters As a result a sizeable free black population developed in eastern Florida making it possible for interracial couples ...

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Celia  

Steven J. Niven

a slave executed for killing her master, was probably born in central Missouri. The names of her parents are unknown. Practically all the information that is known about Celia is taken from court records and newspaper accounts of her trial for the murder in 1855 of Robert Newsom, a farmer and slave-owner in Calloway County, Missouri. Newsom had purchased Celia in neighboring Audrain County, Missouri, some five years earlier. Celia was the only female slave in the Newsom household; the five others included a young boy and four young adult males who herded the livestock and harvested the eight hundred acres of prime land that had helped elevate Robert Newsom to a position “solidly among the ranks of Callaway's residents who were comfortably well-off” (McLaurin, 8). Newsom's wife had died in 1849 and it may have been that he purchased Celia a cook to assist his thirty six ...

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Minor Ferris Buchanan

slave, soldier, hunter, guide, and pioneer, was born on Home Hill plantation, Jefferson County, Mississippi, the son of slaves Harrison and Daphne Collier. Little is known of Daphne Collier, although it is believed that she had some Native American ancestry. In 1815Harrison Collier accompanied the famed General Thomas Hinds when he fought alongside General Andrew Jackson during the War of 1812 at the Battle of New Orleans. As house servants the Colliers maintained a higher status on the plantation, and from all indications young Holt was a favorite of the Hinds family. At age ten he was taken into the upriver wilderness to serve as a juvenile valet and hostler on Plum Ridge plantation in what would later become known as Washington County in the Mississippi Delta.

At Plum Ridge plantation Holt was trained to hunt and kill anything that could be used as food for the growing ...

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Kathy Chater

Most work done on Black people and the law in the 18th century concentrates on the handful of cases in which the question of the legality of slavery in England and Wales was brought to court, most notably the Somerset case which led to the landmark Mansfield judgment Black ...

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William H. Brown and Graham Russell Hodges

[This entry contains two subentries dealing with law as specifically applied to African Americans from the seventeenth century through the nineteenth century The first article discusses the development of crimes and punishments related to slavery through 1830 while the second article discusses law and legal penalties as applied to ...

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Annell Smith

As with other aspects of British society, black people have had a long and sometimes difficult and contentious relationship with the criminal justice system.

1.Historical background

2.The Empire Windrush and after

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Glenn Allen Knoblock

Revolutionary War soldier and civic leader, is a man about whom few early personal details are known. Probably a former slave he was a free man and resident of New Hampshire when he joined the Continental army in July 1779 from the town of Gilmanton.

Dailey's service in the Revolutionary War mirrored that of many other blacks in New England, both slaves and free men, including such soldiers as Lambert Latham, Oliver Cromwell (1752–1853), and his fellow New Hampshire resident Prince Whipple. Whether or not Dailey was a free man before he joined the army is an open question. He may have already been a free man, or he could have used the bounty money he received for enlisting to purchase his own freedom, a method by which many slaves throughout New England gained their freedom during the war.

Once he joined the Continental army ...

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Wolfgang Effenberger Lopez

a mythical figure very popular in the colonial-era oral traditions of Central America, especially those of El Salvador, Honduras, and Nicaragua. Cuto derives from the indigenous Nahuatl word cutuctic, meaning “cut” or “shortened,” whereas partideño refers to a herdsman in the Spanish-language tradition. A translation to English would be “Cowboy Shorty.” From the seventeenth century (perhaps beforehand) up to the present day, stories about El Cuto Partideño have been reproduced by indigenous, mestiza, and ladina communities of partly African descent. Most often the cowboy is portrayed as a social bandit and cattle rustler, a Robin Hood figure stealing from the rich to share with the poor. But in other interpretations, he kidnaps women and takes them to his hideout. The figure is sometimes a ladino a mixed race person of Hispanic culture from the hot lands of the cattle country coastal plain of Central America although he ...

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Richard S. Newman and Paul Finkelman

Fugitive, or self-emancipated, slaves ran away in every American colony and state from the beginning of bondage until the Civil War ended slavery forever. Indeed, while fugitive slaves of the colonial and early national periods remain less celebrated than such antebellum counterparts as Frederick Douglass, Henry “Box” Brown, and Harriet Jacobs they too had a significant impact on the institution of slavery From the advent of plantation slavery in British North America in the seventeenth century onward fugitive slaves were intimately connected to patterns of slave resistance and rebelliousness Colonial masters had turned to African labor because of the high incidence of escapism among both Native American laborers and indentured servants No sooner had colonial masters shifted to racial slavery than bondpeople began running away too Moreover because the line between black slavery and indentured servitude remained fluid during the first half of the seventeenth century fugitive slaves ...

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Blake Wintory

photographer, politician, sheriff, assayer, barber, and lawyer, was born a slave in Carroll County, Kentucky. William Hines Furbush became a member of the Arkansas General Assembly as well as the first sheriff of Lee County, Arkansas. His Arkansas political career began in the Republican Party at the close of Reconstruction and ended in the Democratic Party just as political disfranchisement began.

Little is known about Furbush's early life, though his literacy suggests a formal childhood education. Around 1860 he operated a photography studio in Delaware, Ohio. In March 1862 he traveled to Union-controlled Helena in Phillips County, Arkansas, on Kate Adams and continued to work as a photographer. In Franklin County, Ohio, that December he married Susan Dickey. A few years later, in February 1865 he joined the Forty second Colored Infantry at Columbus Ohio He received an honorable discharge at the ...

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Laura Murphy

was born to an enslaved mother on Maplewood Plantation in Boone County, Kentucky. Her mother, Priscilla, worked in the plantation house and helped to raise the children of John P. Gaines, her owner and later a U.S. congressman and governor of the Oregon territory. While Priscilla is listed as “black” in the 1850 census, Margaret Garner is listed as “mulatto” suggesting that John Gaines was perhaps Margaret's father. When Gaines left to govern Oregon, he abruptly sold his plantation and all of the slaves on it to his brother, Archibald James, who thus became Margaret's owner.

On 27 January 1856 Garner and sixteen other slaves escaped from the various Kentucky plantations on which they worked They stole two horses to which they hitched a sled to carry them to the Ohio River Leaving Covington Kentucky together they crossed the frozen Ohio River after which they split up ...

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Marlene L. Daut

first man to be returned to slavery under the Fugitive Slave Act of 1850, was born James Hamilton Williams in Baltimore, Maryland, the slave of Mary Brown. Little is known of Hamlet's parents, but he claimed during his brief trial that he was the son of a freewoman and thus had never been a slave at all. A purported escaped slave, Hamlet left Baltimore for New York City in 1848 where he worked as a porter in the Tilton and Maloney general store Before his capture and return to slavery he lived in the city of Williamsburg present day Brooklyn with his wife and two children whose names are unknown While in Williamsburg Hamlet was an active member of the African Methodist Episcopal Zion Church and a devoted husband and father It is not surprising that Hamlet chose New York as a safe haven for his family ...

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Leila Kamali

British barrister who came to prominence in the Somerset case. Hargrave was born in London, and entered Lincoln's Inn as a student in 1760. Having written to the abolitionist Granville Sharp offering his services, Hargrave was the most prominent of the five lawyers who appeared on behalf of James Somerset, a slave who was brought from Boston, Massachusetts, then a British colony, to England in 1769. Somerset escaped, but was recaptured and imprisoned on a ship bound for Jamaica, also a British colony. At Sharp's intervention, hearings began in February 1772.

In this Hargrave s first appearance in court he argued that while colonial law might permit slavery those laws did not apply in England and further that English law did not allow for any person to enslave himself by contract Somerset was freed and Hargrave s argument was decisive in Lord Mansfield s ruling ...

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Former slaves whose kidnapping case was fought by the 18th‐century abolitionist Granville Sharp. John Hylas and his wife, Mary, were both born in Barbados. In the year 1754 they were each brought to England—John by his mistress, Judith Aleyne, and Mary by her master and mistress, Mr and Mrs Newton. They met in England, and married with the consent of their owners in 1758. After their marriage John Hylas was set free, and the couple lived happily together until, in 1766, Mary was kidnapped by her former owners and sent to the West Indies to be sold as a slave.

Having heard of Granville Sharp's fight for the liberty of Jonathan Strong, in 1768 John Hylas approached Sharp, who prepared a memorandum enabling him to begin an action against Newton.

The court found in favour of Hylas, who was awarded 1s nominal ...

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Lucinda M. Deason

Black women have been incarcerated since the beginning of this nation’s history and have constituted the largest percentage of imprisoned women throughout U.S. history. During the American colonial period jails were developed that closely mirrored those established in England, from which many of the colonists came. They brought their customs, traditions, and religious beliefs to America, which influenced the penal and incarceration systems of the colonies. As colonial society developed, prison rules became especially closely related to the religious beliefs of the settlers and were strictly enforced when applied to women offenders—a characteristic still common in today’s criminal justice system.

Slavery was another tradition settlers brought to America Slavery necessitated a large degree of social control Prior to the Civil War African American slaves were imprisoned in plantation built jails and punished by the slave master who had unlimited power including the use of capital punishment African American slaves were ...

Primary Source

By the eighteenth century indentured servants outnumbered African slaves in the North American colonies Unlike the situation endured by slaves however the indentured servitude was not permanent Initially an attempt to alleviate severe labor shortages in the New World settlements and to encourage emigration England s rapid population growth was becoming an increasingly worrisome economic burden the system of indenture comprised not only willing English women children and men but also convicts religious separatists and political prisoners At some points more than half of those bound for the colonies did so as the temporary legal property of a master Indentured servants labored a set number of years usually four to seven though the period for convicts could be considerably longer during which time they were considered by law the personal property of their masters Couples were often prevented from marrying and women from having children If a woman did become ...