This volume is the first comprehensive history of the evolving
relationship between American slavery and the law from colonial
times to the Civil War. As Thomas Morris clearly shows, racial
slavery came to the English colonies as an institution without
strict legal definitions or guidelines. Specifically, he
demonstrates that there was no coherent body of law that dealt
solely with slaves. Instead, more general legal rules concerning
inheritance, mortgages, and transfers of property coexisted with
laws pertaining only to slaves. According to Morris, southern
lawmakers and judges struggled to reconcile a social order based on
slavery with existing English common law (or, in Louisiana, with
continental civil law.) Because much was left to local
interpretation, laws varied between and even within states. In
addition, legal doctrine often differed from local practice. And,
as Morris reveals, in the decades leading up to the Civil War,
tensions mounted between the legal culture of racial slavery and
the competing demands of capitalism and evangelical
Christianity.