Slavery and its lasting effects have long been an issue in America, with the scars inflicted running deep. This study examines crimes such as stealing, burglary, arson, rape and murder committed against and by slaves, with most of the author's information coming from handwritten court records and newspapers. These documents show the death penalty rarely applied when a slave killed another slave, but that it always applied when a slave killed a white person. Despite Missouri's grim criminal justice system, the state's best lawyers were called upon to represent slaves in court on serious criminal charges, and federal law applied to all persons, granting slaves in Missouri protection that few other slave states had. By 1860, Missouri's population was only 10 percent slave, the smallest percentage of any slave state in America.

From the beginning of French rule of Missouri in 1720 through this state's abolition of slavery in 1865, liberty was always the goal of the vast majority of its enslaved people. The presence in eastern Kansas of a host of abolitionists from New England made slaveholding risky business. Many religiously devout persons were imprisoned in Missouri for "slave stealing." Based largely on old newspapers, prison records, pardon papers, and other archival materials, this book is an account of the legal and physical obstacles that slaves faced in their quest for freedom and of the consequences suffered by persons who tried to help them. Attitudes of both slave holders and abolitionists are examined, as is the institution's protection in both the Articles of Confederation and the U.S. Constitution. The book discusses the experiences of particular individuals and examines the Underground Railroad on Missouri's borders. Appendices provide details from two Spanish colonial census reports, a list of abolitionist prison inmates with details about their time served, and the percentages of African Americans still in bondage in 16 jurisdictions from 1820 to 1860.

On Slavery’s Border is a bottom-up examination of how slavery and slaveholding were influenced by both the geography and the scale of the slaveholding enterprise. Missouri’s strategic access to important waterways made it a key site at the periphery of the Atlantic world. By the time of statehood in 1821, people were moving there in large numbers, especially from the upper South, hoping to replicate the slave society they’d left behind. Diane Mutti Burke focuses on the Missouri counties located along the Mississippi and Missouri rivers to investigate small-scale slavery at the level of the household and neighborhood. She examines such topics as small slaveholders’ child-rearing and fiscal strategies, the economics of slavery, relations between slaves and owners, the challenges faced by slave families, sociability among enslaved and free Missourians within rural neighborhoods, and the disintegration of slavery during the Civil War. Mutti Burke argues that economic and social factors gave Missouri slavery an especially intimate quality. Owners directly oversaw their slaves and lived in close proximity with them, sometimes in the same building. White Missourians believed this made for a milder version of bondage. Some slaves, who expressed fear of being sold further south, seemed to agree. Mutti Burke reveals, however, that while small slaveholding created some advantages for slaves, it also made them more vulnerable to abuse and interference in their personal lives. In a region with easy access to the free states, the perception that slavery was threatened spawned white anxiety, which frequently led to violent reassertions of supremacy.

This comparative study looks at the laws concerning the murder of slaves by their masters and at how these laws were implemented. Andrew T. Fede cites a wide range of cases--across time, place, and circumstance--to illuminate legal, judicial, and other complexities surrounding this regrettably common occurrence. These laws had evolved to limit in different ways the masters' rights to severely punish and even kill their slaves while protecting valuable enslaved people, understood as "property," from wanton destruction by hirers, overseers, and poor whites who did not own slaves. To explore the conflicts of masters' rights with state and colonial laws, Fede shows how slave homicide law evolved and was enforced not only in the United States but also in ancient Roman, Visigoth, Spanish, Portuguese, French, and British jurisdictions. His comparative approach reveals how legal reforms regarding slave homicide in antebellum times, like past reforms dictated by emperors and kings, were the products of changing perceptions of the interests of the public; of the individual slave owners; and of the slave owners' families, heirs, and creditors. Although some slave murders came to be regarded as capital offenses, the laws con-sistently reinforced the second-class status of slaves. This influence, Fede concludes, flowed over into the application of law to free African Americans and would even make itself felt in the legal attitudes that underlay the Jim Crow era.

The African American presence in St. Louis began in 1763 with the arrival of several free men of color who accompanied Pierre Laclede from New Orleans to set up a fur trading fort on the Mississippi. Within a few decades, the fort had become a prosperous commercial center whose proximity to the western frontier attracted a cosmopolitan community. African Americans in St. Louis--both slave and free--enjoyed greater autonomy and opportunity than those in urban areas of the South and East. Slaves in the city set legal precedent by filing hundreds of freedom suits, often based on the prohibition against slavery set by the Northwest Ordinance of 1787. After a century in the region, many blacks enlisted in the Union Army during the Civil War. Drawing on a wide range of sources, the author studies the history of slaves and free blacks in this city.

At publication date, a free ebook version of this title will be available through Luminos, University of California Press’s Open Access publishing program. Visit www.luminosoa.org to learn more. Built in the 1890s at the center of the nation, Leavenworth Federal Penitentiary was designed specifically to be a replica of the US Capitol Building. But why? The Prison of Democracy explains the political significance of a prison built to mimic one of America’s monuments to democracy. Locating Leavenworth in memory, history, and law, the prison geographically sits at the borders of Indian Territory (1825–1854) and Bleeding Kansas (1854–1864), both sites of contestation over slavery and freedom. Author Sara M. Benson argues that Leavenworth reshaped the design of punishment in America by gradually normalizing state-inflicted violence against citizens. Leavenworth’s peculiar architecture illustrates the real roots of mass incarceration—as an explicitly race- and nation-building system that has been ingrained in the very fabric of US history rather than as part of a recent post-war racial history. The book sheds light on the truth of the painful relationship between the carceral state and democracy in the US—a relationship that thrives to this day.

Slavery on the Periphery focuses on nineteen counties on the Kansas-Missouri border, tracing slavery's rise and fall from the earliest years of American settlement through the Civil War along this critical geographical, political, and social fault line.