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Intro to African American Studies
Table of Contents
Unit 3 Overview: Slavery in Colonial & Antebellum America
3.1 The Development of Slavery in Colonial America
3.2 Life Under Slavery: Work, Family, and Community
3.3 The Economics of Slavery and Its Role in American Development
3.4 Legal and Social Foundations of the Slave System

The legal foundations of slavery in America were built on constitutional compromises and federal laws that legitimized and protected the institution. These included the Three-Fifths Compromise, Fugitive Slave Laws, and the Dred Scott Decision, which denied citizenship to African Americans.

Racial ideology and white supremacy justified slavery, while abolitionism and manumission efforts challenged it. Slave patrols and laws enforced control, limiting freedom for enslaved and free African Americans alike. These systems shaped the complex landscape of slavery in colonial and antebellum America.

Constitutional Compromises

  • Three-Fifths Compromise reached during the Constitutional Convention in 1787 counted three-fifths of a state's enslaved population for representation and taxation purposes
    • Increased political power of Southern states in the House of Representatives
    • Enshrined the institution of slavery in the Constitution, legitimizing it as a legal practice
  • Missouri Compromise of 1820 attempted to maintain the balance of power between free and slave states
    • Admitted Missouri as a slave state and Maine as a free state
    • Prohibited slavery in the Louisiana Territory north of the 36°30' parallel, except for Missouri

Federal Slave Laws

  • Fugitive Slave Laws (1793 and 1850) required the return of escaped slaves to their owners
    • Denied due process rights to accused fugitive slaves
    • Imposed penalties on individuals who aided escaped slaves
    • Strengthened the institution of slavery by making it difficult for slaves to escape to free states
  • Dred Scott Decision (1857) ruled that African Americans, whether enslaved or free, were not U.S. citizens and had no standing to sue in federal court
    • Declared that Congress had no power to ban slavery in the territories
    • Invalidated the Missouri Compromise, opening all territories to slavery

Ideology and Resistance

Racial Ideology and White Supremacy

  • Racial ideology developed to justify the enslavement of Africans and their descendants
    • Pseudoscientific theories claimed that Africans were biologically inferior to Europeans
    • Religious arguments asserted that slavery was a "positive good" that "civilized" Africans through Christianity
  • White supremacy entrenched the belief in the inherent superiority of the white race
    • Perpetuated the idea that Africans were destined for servitude
    • Justified the denial of rights and freedoms to enslaved and free African Americans

Abolitionism and Manumission

  • Abolitionism emerged as a movement to end slavery in the United States
    • Influenced by religious (Quakers) and philosophical (Enlightenment) ideas
    • Prominent abolitionists included William Lloyd Garrison, Frederick Douglass, and Harriet Tubman
    • Employed various strategies, such as moral suasion, political action, and assisting fugitive slaves
  • Manumission, the act of freeing individual slaves, was practiced by some slaveholders
    • Motivated by moral, religious, or economic reasons
    • Often conditional, requiring slaves to purchase their freedom or serve for a specified period
    • Faced legal restrictions, particularly after the rise of abolitionism, as Southern states feared a growing free black population

Enforcement and Control

Slave Patrols and Fugitive Slave Laws

  • Slave patrols, organized groups of white men, enforced slave codes and prevented slave rebellions
    • Monitored slave gatherings, dispersed unlawful assemblies, and searched slave quarters
    • Pursued and apprehended fugitive slaves, often using violence and intimidation
  • Fugitive Slave Laws (1793 and 1850) facilitated the recapture of escaped slaves
    • Required local authorities and citizens to assist in the capture and return of fugitive slaves
    • Denied legal protections to accused fugitive slaves, making it difficult for them to prove their free status

Limitations on Freedom

  • Manumission, though legally possible, faced increasing restrictions as slavery became more entrenched
    • Some states required slaveholders to seek legislative approval for manumission or imposed heavy taxes
    • Many states required manumitted slaves to leave the state within a specified period
  • Dred Scott Decision (1857) further limited the rights of African Americans, both enslaved and free
    • Ruled that African Americans were not U.S. citizens and had no standing to sue in federal court
    • Invalidated the Missouri Compromise, potentially opening all territories to slavery
    • Reinforced the legal and social subordination of African Americans, regardless of their status

Key Terms to Review (18)

Fugitive Slaves: Fugitive slaves were individuals who escaped from slavery in search of freedom, often risking their lives to flee plantations and slave-holding states. These individuals not only sought personal liberty but also challenged the legal and social frameworks that supported the institution of slavery, leading to tensions between free and slave states in the U.S.
Moral suasion: Moral suasion is a persuasive strategy that seeks to influence others' behavior or attitudes through appeals to morality, ethics, or shared values rather than through coercion or legal mandates. In the context of the legal and social foundations of the slave system, moral suasion was often used by abolitionists and reformers to promote the idea that slavery was inherently wrong and to garner public support for its abolition.
Religious arguments: Religious arguments refer to the justifications and rationalizations made by individuals or groups based on their religious beliefs to support or oppose social and legal practices, particularly regarding slavery. These arguments were often used to assert moral superiority, defend the institution of slavery, or challenge its legitimacy, influencing public opinion and legislative actions during the establishment of the slave system.
Political action: Political action refers to the activities and efforts undertaken by individuals or groups to influence political decisions, policies, and the distribution of power within society. It encompasses a range of activities such as protests, advocacy, lobbying, and participation in electoral processes, all aimed at effecting change and advancing specific agendas or causes.
Pseudoscientific theories: Pseudoscientific theories are beliefs or practices that claim to be based on scientific principles but lack empirical support, rigorous testing, or adherence to the scientific method. These theories often serve to justify social inequalities or reinforce stereotypes, particularly in the context of race and slavery, where they were used to legitimize the subjugation of African Americans and promote racial hierarchies.
Racial ideology: Racial ideology refers to a set of beliefs and values that categorize and evaluate individuals based on perceived racial differences. This ideology not only shapes individual perceptions and attitudes toward race but also influences societal norms, policies, and laws that enforce racial hierarchies and discrimination, particularly evident in the context of the slave system where it justified the enslavement and dehumanization of African people.
Slave patrols: Slave patrols were organized groups of white citizens in the American South who enforced slave codes and sought to control the movement and behavior of enslaved people. These patrols were essential to maintaining the institution of slavery by instilling fear among enslaved individuals and suppressing potential uprisings. They played a crucial role in the legal and social foundations of the slave system, creating an atmosphere of terror that discouraged escape and rebellion.
William Lloyd Garrison: William Lloyd Garrison was a prominent American abolitionist, journalist, and social reformer best known for his strong advocacy against slavery and his role as the editor of 'The Liberator,' an influential anti-slavery newspaper. Garrison's activism was foundational in shaping the legal and social foundations of the abolitionist movement, challenging the moral and ethical justifications for slavery in the United States.
Harriet Tubman: Harriet Tubman was a prominent African American abolitionist and political activist who escaped from slavery and became a leading figure in the Underground Railroad. Known for her courage and determination, she helped hundreds of enslaved people escape to freedom, embodying the spirit of resistance against the oppressive systems of her time.
Abolitionism: Abolitionism is a social and political movement aimed at ending slavery and the slave trade. This movement emerged in the late 18th and early 19th centuries, advocating for the emancipation of enslaved people and the promotion of their rights as human beings. Abolitionists sought to challenge the legal and social foundations that supported slavery, making significant contributions to the dialogue around human rights and social justice.
Dred Scott Decision: The Dred Scott Decision was a landmark Supreme Court ruling made in 1857 that stated African Americans, whether free or enslaved, could not be American citizens and thus had no standing to sue in federal court. This decision not only denied citizenship to all blacks but also declared the Missouri Compromise unconstitutional, which had attempted to limit the spread of slavery into new territories. The ruling intensified the national debate over slavery and was a significant legal foundation supporting the institution of slavery in America.
Missouri Compromise: The Missouri Compromise was a legislative agreement made in 1820 to maintain the balance of power between free and slave states in the United States. It admitted Missouri as a slave state and Maine as a free state, while establishing a line (the 36°30' parallel) across the Louisiana Territory, above which slavery would be prohibited. This compromise was significant in shaping the legal and social foundations of the slave system, as it attempted to address the contentious issue of slavery's expansion into new territories.
Manumission: Manumission is the legal process through which a slave owner voluntarily frees their enslaved individuals. This practice has significant implications for the legal and social structures surrounding slavery, highlighting the complexities of ownership and freedom within the slave system. It reflects a range of motivations behind freeing slaves, including moral considerations, economic factors, or familial bonds, and influences the dynamics of power and race in society.
Three-fifths compromise: The three-fifths compromise was an agreement reached during the Constitutional Convention of 1787 that determined how slaves would be counted for representation and taxation purposes. This compromise stated that three out of every five enslaved individuals would be counted as part of the population, which significantly impacted political power in Congress, especially for southern states where slavery was prevalent.
Fugitive Slave Laws: Fugitive Slave Laws were laws that mandated the return of runaway slaves to their owners, creating a legal obligation for citizens to assist in capturing escaped enslaved individuals. These laws played a significant role in the enforcement of slavery in the United States, reflecting the legal and social foundations of the slave system that prioritized the property rights of slave owners over the human rights of enslaved people. They also heightened tensions between free and slave states, contributing to the growing sectional conflict leading up to the Civil War.
Frederick Douglass: Frederick Douglass was a prominent African American abolitionist, orator, and writer born into slavery in 1818 who became a leading voice in the fight against slavery and for civil rights in America. His experiences as an enslaved person shaped his powerful arguments for freedom and equality, which he articulated through speeches and writings that resonated with both Black and white audiences. Douglass's life and work highlight the struggles and resilience of the African American community under slavery, the economic dimensions of the institution, the importance of literacy, and the foundational legal systems that supported enslavement.
Slave Codes: Slave codes were laws enacted in the American colonies and later in the United States to define the status of enslaved people and the rights of their owners. These codes established a legal framework that justified and regulated slavery, influencing various aspects of life, including social order, labor relations, and racial hierarchies. The existence of slave codes was a significant factor in both the development of slavery and the harsh realities faced by enslaved individuals in society.
White supremacy: White supremacy is a racist ideology that promotes the belief that white people are superior to individuals of other racial backgrounds and should therefore dominate society. This belief system has historically been embedded in social, political, and economic structures, contributing to systemic racism and discrimination. It plays a crucial role in shaping historical events and societal dynamics, particularly during periods such as the Reconstruction era and the establishment of the legal and social foundations of slavery.