The Passenger Cases Reconsidered in Transatlantic Commerce Clause History

The Supreme Court's 5–4 decision in the Passenger Cases (1849) overturned two Northern states' taxes on poor foreign immigrants. The Court's eight opinions disputed whether destitute transatlantic immigrants arriving in U.S. ports were legally and constitutionally “persons” like fugitive slaves fleeing the South, free African Americans residing in the U.S.‐Canadian borderlands, and black seamen working on ships entering Southern ports. The eight opinions issued in the case, as Charles Warren noted, raised fundamental constitutional questions concerning whether U.S. congressional or state authority was exclusive or concurrent over persons moving in interstate and international business, reflecting wider sectional struggles fostering the Civil War. ¹ More recently, Mary Bilder and others examined connections among indentured contract labor, race‐based American slavery, and the Court's antebellum Commerce Clause decisions to establish that foreign immigrants were commercial objects subject to regulation through the Constitution's Commerce Clause. ² Southerners and Northern pro‐slavery supporters argued, however, that fugitive slaves and free blacks crossing interstate and international borders were “persons” who could be regulated or altogether excluded under state police powers. ³     

Urban domestic slavery in medieval Ragusa

Medieval slavery and the slave trade are by now well established facts. This study of medieval Ragusa (Dubrovnik) attempts to answer the question: how were slaves employed, in place of free wage laborers, in urban environments? Ragusa is a well documented instance in which slaves, largely female slaves, were employed in the household. They provided non-specialized labor to the household and to commercial endeavors. This method of utilizing unskilled rural workers was cheap but required a cohesive social order and co-ordinated communal efforts.The thirteenth-century slave system was replaced in the fourteenth century by reliance upon contract labor. This study argues that it was competition for trained, domestic slaves from foreign purchasers which priced rural Balkan slaves out of the market for local inhabitants. Contract laborers from rural areas offered a cheap alternative and through adroit communal action came to inhabit a condition closely resembling chattel slavery.Over the long term this cheap labor supply, combined with the domestic and civil tranquility at Ragusa, gave the city-state a competitive edge as a carrying power in the commercial economy. Concomitantly the word sclavi pejorated in meaning.     

Redrawing the Boundary between India and Britain: The Succession Crisis at Zanzibar, 1870–1873

Abstract

WIDE-RANGING, STIMULATING, AND debatable interpretations of the enforced black diaspora from Africa to the New World are the hallmarks of all of these books, even though they differ in focus and are written by historians at various stages of their careers. Two books contain reflections on slavery and abolitionism by renowned historians of slavery, Gary B. Nash and David Brion Davis. Nash, in an elegant, slim volume (originally the Nathan I. Huggins lectures at Harvard University in 2oo4), returns to a theme he has addressed before, namely the reasons why the founding fathers did not eradicate the blot of slavery from the United States. He argues that action could, and should, have been taken. Davis offers a set of essays - some previously published, some appearing for the first time - that examine the inhumanity of slavery in North America, primarily in the eighteenth and nineteenth centuries, but with a broader contextual and chronological canvas. Tlle three other books are revisions of doctoral dissertations. Eric Robert Taylor and Stephanie E. Smallwood are both concerned primarily with the Middle Passage as a crucial phase of the Adantic slave trade. In Taylor's case, the emphasis falls upon shipboard revolts by slaves during the crossing from Africa to America. Smallwood focuses on the process by which people from the Gold Coast were captured, transported, and fashioned into slaves in the English slave trade of the late seventeenth century. Robert Pierce Forbes's book brings the focus back to the United States and the significance of the Missouri Compromise (a set of congressional acts passed in 182o and 1821) for the political history of American slavery.     

Tartars in Spain: renaissance slavery in the Catalan city of Manresa,c.1408

This article presents a summary and analysis of the slaves and slave owners who were living in a particular late medieval city at a particular time. The data for this overview comes from the 1408 Liber Manifesti of Manresa, a tax document which is quite similar to the Florentine Catasto of 1427. Unlike the Catasto, however, the Liber Manifesti consistently designates slaves as distinct from other servants. As a result, the Manresan document allows us to know many basic but often elusive figures such as the total number of slaves in our town, the proportion of slaves to free people, the percentage of households who owned slaves, the proportion of women and children amongst slaves, and even the market value of female, male, and child slaves vis à vis the cost of hiring a domestic servant. Access to such an unusually complete sample also enables us to make some fresh assertions about the extent and nature of renaissance slavery as a whole. Several of Iris Origo's influential observations, which still stand as a benchmark of renaissance slavery some 50 years after they were presented, are here both corroborated and challenged. For example, to what extent did renaissance slave owners pair male slaves with female slaves, as Origo's anecdotal evidence suggested? Our sample also provides invaluable data on the wealth, occupations, and family background of slave owners. We can gain some insight into the phenomenon of women as slave owners, and also coordinate slave owning with urban political power. In addition we can suggest an answer to the elusive question of just how much of a ‘luxury item’ slaves really were in the post-Black Death Mediterranean. In Manresa, as it turns out, slave owners were anything but a uniform block of ‘wealthy townspeople.’     

‘Various Means of Providing for Their Own Tables’: Comparing Slave Family Economies in the Antebellum South

Recent scholarship has changed our understanding of African‐American slaves’ experiences by shifting our focus from the external factors of slavery (what slavery did to men and women in bondage) to slave agency (slaves’ determination in creating their own autonomous culture). While this has been a positive development, there is a danger in forgetting the framework within which slave culture was created. This article seeks a middle ground by examining the ways in which certain external factors of slavery determined the extent to which slave families could develop internal economies and engage in independent production. Comparing slave families’ experiences in three distinct cash crop regions of the antebellum South, this study’s findings indicate that the varied nature of work patterns and crop‐specific labor incentives in different regions served to either encourage or thwart the development of slave family economies.     

Enslaved African Women in Nineteenth-Century Iran: The Life of Fezzeh Khanom of Shiraz

Fezzeh Khanom (c. 1835–82), an African woman, was a slave of Sayyed ‘Ali-Mohammad of Shiraz, the Bab. Information about her life can be recovered from various pious Baha'i histories. She was honored, and even venerated by Babis, though she remained subordinate and invisible. The paper makes the encouraging discovery that a history of African slavery in Iran is possible, even at the level of individual biographies. Scholars estimate that between one and two million slaves were exported from Africa to the Indian Ocean trade in the nineteenth century, most to Iranian ports. Some two-thirds of African slaves brought to Iran were women intended as household servants and concubines. An examination of Fezzeh Khanom's life can begin to fill the gaps in our knowledge of enslaved women in Iran. The paper discusses African influences on Iranian culture, especially in wealthy households and in the royal court. The limited value of Western legal distinctions between slavery and freedom when applied to the Muslim world is noted.     

Missionaries,Evangelical Identity,and the Religious Ecology of Early Nineteenth‐Century South Carolina and the British Caribbean

This article examines a critical question that fraught contemporaries throughout the Atlantic system in the early nineteenth century: could slavery be ameliorated and, thus, by implication, could slaves be ‘improved’? Despite strong eighteenth‐century connections through trade and as provincial outposts of the British Empire, South Carolina and the British Caribbean differed markedly on this issue by the early 1800s. But the reasons for this divergence cannot be adequately explained by the effects of the American Revolution. South Carolina slaveholders believed that slavery could be ameliorated through the adoption of evangelicalism. West Indian proprietors, however, believed that the introduction of evangelical religion among their slaves would only incite them to rebel. Thus, evangelical missionaries were often crucial figures in defining the character of slaveholding societies in South Carolina and the West Indies. These missionaries illustrated South Carolinians' paternalistic, benevolent sense of a permanent slave society, while itinerants in the West Indies described a violent, lawless, and temporary society beyond the pale of British standards of civility and humanitarianism.     

Slavery in black and white: the racialisation of (male) slavery in Frederick Douglass’s Narrative and/vs. Toni Morrison’s A Mercy

This article revisits Frederick Douglass’s 1845 slave narrative as illustrative of the ‘birth’ of whiteness as ideology and, in particular, of the subordination of class to race interests in antebellum America. To do so, it compares Douglass’s text to Toni Morrison’s A Mercy (2008), which traces the origins of the slave trade back to the seventeenth century, when American slavery was not fully ‘racialised’ yet. While Morrison focuses on the earliest stage of the increasing (class) animosity among different types of servants and slaves, black and white, Douglass’s nineteenth-century Narrative already reveals the explicitly racialised association of human bondage with non-whiteness. I argue that Morrison’s novel may thus be interpreted as a ‘prequel’ to Douglass, whose Narrative illustrates the increasing racialisation of slavery throughout the nineteenth century, but also elaborates on its class and gender biases. In this sense, the essay concludes that Douglass shows how the assertion by white workers, especially males, of their racial and gender supremacy over both black men and women entailed, paradoxically enough, their class subjugation, which, if not in form, ended up transforming them into virtual ‘slaves’.     

Capital,Illegal Slaves,Indentured Labourers and the Creation of a Sugar Plantation Economy in Mauritius, 1810–60

Previous studies of British plantation colonies, including the island of Mauritius in the south-western Indian Ocean, have paid little attention to the economic dimensions of the transition from slave to free labour that occurred during the early nineteenth century. Reports by Mauritian colonial officials make it possible to reconstruct the transformation of the island's economy between 1810 and 1860 from one oriented towards trade and commerce to one dominated by the production of sugar for the British imperial market. This transformation occurred in the midst of a series of interconnected developments that included an illegal trade in slaves between 1811 and circa 1827, changes in imperial tariff policy in 1825, the abolition of slavery in the British Empire in 1834, the advent of the modern system of indentured labour in 1834 and the suspension of Indian emigration to the island between 1838 and 1842. The importance of domestically generated and controlled capital in shaping the Mauritian economy during this period highlights the need to examine the extent to which and the ways in which domestic capital framed the contours of social and economic life elsewhere in the nineteenth-century colonial plantation world.     

Race and the Aesthetics of Alterity in Mahshid Amirshahi’s Dadeh Qadam-Kheyr

Focusing on black women Qadam-Kheyr and Sorur in Mahshid Amirshahi’s novel Dadeh Qadam-Kheyr (1999), this article examines literary representations of the African-Iranian presence, and provides a critique of race and slavery in twentieth-century Iran. In light of the history of the Iranian slave trade until 1928, and the reconstruction of race and gender identities along Eurocentric lines of nationalism in Iran, the novel under scrutiny is a dynamic site of struggle between an “Iranian” literary discourse and its “non-Persian” Others. The “aesthetics of alterity” at the heart of the text is, therefore, the interplay between the repressed title-character Qadam-Kheyr and the resilient minor character Sorur, each registering Amirshahi’s artistic intervention into a forgotten corner of Iranian history.     

Securing the “Interests” of the South: John Mitchel,A.G. Magrath,and the Reopening of the Transatlantic Slave Trade

Traditionally scholars have downplayed the importance of southern calls to reopen the transatlantic slave trade in the 1850s. Those who have paid serious attention to this effort see it as another endeavor by aristocratic planters to enshrine their social, economic, and political power in the antebellum South. The advocates were, as one puts it, “no champions of the common white man.” Two Irish-American leaders who supported the reopening, John Mitchel and Andrew Gordon Magrath, complicate this view of the attempt as just a planters’ plot. Their actions and opinions indicate that some proponents did see importing African slaves as something that would benefit all whites and not just the elite, and, as a result, protect the overall “interests” of the South. Mitchel and Magrath's support of Ireland and Irish immigrants and their opposition to British power influenced their positions on the matter.     

The Judicial Bookshelf

A persistent reality of constitutional government in the United States from practically the beginning of the Republic has been the close link between the Constitution itself and the Supreme Court. Oddly, this link derives more from the Constitution's impact on the American political system than from what the Constitution itself actually says or contains. True, Article III included cases “arising under this Constitution” in describing the proper reach of the federal judicial power, and Article VI specified that “[t]his Constitution and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made under the authority of the United States, shall be the supreme Law of the Land … ” ¹ But the document not only provided scant means for enforcing that supremacy, but also failed even to specify how this “supreme Law” should be interpreted. It soon became clear, however that the task of interpretation would fall upon the Supreme Court, as illustrated by Chisholm v. Georgia. ² In the face of assurances made by Alexander Hamilton, James Madison, John Marshall, and others during the ratification debates in 1787–1788 that a state could not, without its consent, be made a defendant in the federal courts by a citizen of another state, ³ the Justices in 1793 construed the language in Article III conferring the federal judicial power in suits “Between a State and Citizens of another State” to encompass a suit brought by a South Carolinian against the State of Georgia. The uproar that ensued prompted swift ratification of the Eleventh Amendment, which reversed the Court's first excursion into the realm of constitutional interpretation. Despite this rebuke, it was only a short time before Chief Justice Marshall insisted that the judicial power encompassed the authority “to say what the law is.” ⁴ Thus, from the assumed role of expounding of the Constitution evolved the companion duty of guarding it as well.     

Slavery and plantation capitalism in Louisiana's sugar country

Sugar planters in the antebellum South managed their estates progressively, efficiently, and with a political economy that reflected the emerging capitalist values of nineteenth‐century America. By fusing economic progress and slave labor, sugar planters revolutionized the means of production and transformed the institution of slavery. Slaveholders and bondspeople redefined the parameters of paternalism and recast the master‐slave relationship along a novel path. Louisiana slaves accommodated the machine, holding no torch for Luddism while concurrently shaping the agro‐industrial revolution to achieve modest economic independence and relative autonomy within the plantation quarters.     

Boundaries and opportunities: comparing slave family formation in the antebellum South

Our understanding of the marriage strategies and family formation of enslaved people remains clouded by disagreement among contemporary scholars. A perusal of the historical literature suggests that two issues lay at the root of this disagreement: First, scholars disagree over the extent to which slave family life was shaped by the external factors of slavery, or rather slave agency; and second, scholars appear reluctant to abandon their singular views of the slave family. This article addresses both of these gaps by formulating a middle ground in the slave agency debate and by redefining the slave family in plural form. An analysis of the boundaries and opportunities for family formation in northern Virginia and lowcountry South Carolina, this study shows that while the establishment of co-residential two-parent households was the ideal for slaves, not all were able to realize that ideal, and those that could not adapted their marriage strategies and family lives accordingly.     

The man with the dirty black beard: race, class, and schools in the antebellum South

The problem of poor, degraded white people in the antebellum South presented a problem to both reformers and proponents of slavery. Sharpening the differences of race meant easing those of class, ensuring that public schooling did not always receive widespread support. The cult of white superiority absolved the state of responsibility for social mobility. As better schooling was advocated for religious and civic reasons, wealthy planters determined to avoid taxes joined with their illiterate neighbors in fighting attempts at “improvement” that undermined the slave system based on the notion of black inferiority.     

National League of Cities and the Ephemeral Nature of Significant Supreme Court Cases

For many years, I taught third‐year law students at the Dickinson School of Law (Penn State's law school now, a private institution then) a seminar entitled “The Constitution.” For a semester we would seek to get to know the document through a careful reading of it, along with some of the works that those who wrote the Constitution would have read and some that they wrote, various essays by legal scholars and political scientists, and various Supreme Court cases. The goal was to get these budding young attorneys to try to determine what, if any, relationship there might be between what the Constitution says and what we now say it says.     

Race,slavery, and the expression of sexual violence in Louisa Picquet,the Octoroon

ABSTRACT

Historically, victims of sexual violence have rarely left written accounts of their abuse, so while sexual violence has long been associated with slavery in the United States, historians have few accounts from formerly enslaved people who experienced it first-hand. Through a close reading of the narrative of Louisa Picquet, a survivor of sexual violence in Georgia and Louisiana, this article reflects on the recovery of evidence of sexual violence under slavery through amanuensis-recorded testimony, the unintended evidence of survival within the violent archive of female slavery, and the expression of “race” as an authorial device through which to demonstrate the multigenerational nature of sexual victimhood.     

Spatiality and the Interpretation of Identity Formation: Fugitive Slave Community Creation in Nineteenth-Century Kenya

In the nineteenth century, the coalescence of a plantation economy on the Swahili Coast provoked an upsurge in the local slave trade. Increasing numbers of enslaved workers fled inland, and, by the 1840s, some had created independent settlements. In Swahili, runaway slaves were known as watoro. Forged by men and women of diverse cultural backgrounds, watoro communities offer broad insight into how groups form and sustain themselves. This study explores how watoro settlement organization and landscape practices reflect the process of community formation. Particular attention is paid to watoro communities?? participation in regional networks and the degree to which fugitive slaves developed homogenized sociocultural norms or maintained long-term cultural plurality. This paper adopts a spatial archaeological approach centered on settlement location, housing density, and domestic architecture. Dissonances between these spatial data and artifact distributions reveal the ways in which both heterogeneity and homogeneity were expressed and experienced. Articulations and disarticulations between different evidentiary types also help to better reveal the diverse range of inter-group interactions that fugitive slaves pursued and avoided.     

A Note on the Spatial Analysis of Sets of Highly Disaggregated Data

Abstract

Compared with other North American colonies, little scholarship exists on slave-holding in early Georgia. In this article, the author augments this historiography by examining a remarkable and little-used collection of sources. Data gleaned from analyzing more than 400 wills written by eighteenth-century white settlers reveal that roughly 39 percent of early Georgians owned slaves and that slave distribution was pyramidal, as most slaveholders owned but a few slaves, although some elites held many. While these findings support existing research, data from the wills suggest that early Georgia slaveholders owned, on average, about half as many slaves as other scholars contend. Besides informing an understanding of slavery in the colony, this article provides an overview of the early Georgia wills themselves, which, as sources, are highly accessible and contain a wealth of information for future scholars.     

The Judicial Bookshelf

Almost anyone who can read would describe the Supreme Court of the United States as a legal body–an institution that says what the law is in the context of deciding cases. May the Court also be fairly described as a political institution? Even to pose the question raises eyebrows, because Americans commonly use the word “political” to refer to partisan politics—that persistent struggle between organized groups called political parties to control public offices, public resources, and the nation’s destiny. In this sense of the word, the federal courts are expected today to be “above politics,” meaning that judges are supposed to refrain from publicly taking sides in elections, from otherwise jumping into the arena of electoral combat, 2 or from deciding cases based on the popularity of the litigants.3 While democratic theory anticipates that elected officials will answer to the people, the rule of law envisions something different: an abiding and even‐handed application by the judiciary of the Constitution and statutes shaped by the people and their representatives.