[net.legal] Slavery - legal technicalities

wmartin@brl-tgr.ARPA (Will Martin ) (09/18/85)

Can someone point me to a reference that would answer this, or post the
actual info? (The books I've seen that touch on this subject do not go
into enough nit-picking detail to answer the query.)

Re slavery in pre-Civil War America, and in various British colonies
or former colonies, when slavery was legal: Was there some legal
specification that defined who could be a slave, and the process of
becoming a slave? Was there a specification that "slaves" could only be
members of certain races, or that people of certain races could *not* be
slaves? Or did the legal status of "slave" have no legal tie to race?
(Of course, as a practical matter, most slaves were either captured
African black people or their descendants, but was there any legal
requirement to that effect? Could a white become a slave? Or an American
Indian? Or an oriental? etc...)

What relation, if any, is there between the institution of slavery and
that of indentured servants? Did they have absolutely nothing to do with
each other, being completely independent legal concepts? 

A pointer to a source of factual detail will be welcomed.

Regards, 
Will Martin

UUCP/USENET: seismo!brl-bmd!wmartin   or   ARPA/MILNET: wmartin@almsa-1.ARPA

wendt@bocklin.UUCP (09/19/85)

I'm also interested in this morbid topic.  When were the
children of slaves the property of the owner?  Suppose the mother
is free and the father a slave.  Or vice versa.  Or the parents
are both slaves but the property of two different slaveholders.

Alan Wendt
arizona!wendt

He's in the van, He's in the can, He's in your hair, He's everywhere.
Jerry:  name a spaceship after Grace Hopper!

dee@cca.UUCP (Donald Eastlake) (09/25/85)

I believe that the general principle for slaves was as for livestock:
the default is that the owner of the mother ownes the children.
-- 
	+1 617-492-8860		Donald E. Eastlake, III
	ARPA:  dee@CCA-UNIX	usenet:	{decvax,linus}!cca!dee

charli@cylixd.UUCP (Charli Phillips) (09/26/85)

>I'm also interested in this morbid topic.  When were the
>children of slaves the property of the owner?  Suppose the mother
>is free and the father a slave.  Or vice versa.  Or the parents
>are both slaves but the property of two different slaveholders.
>
>Alan Wendt

I believe that in Catholic countries, the children took the status
of their father.  That is, if a female slave had children by the
male slave-owner, the children were the free (albeit bastard) children
of the slave-owner.  In Protestant countries, the children took the
status of their mother:  the children of slave women were slaves,
regardless of the father.

I will admit this is based on a shakey recollection of some class-work
I did long, long ago, so feel free to correct me if I'm wrong.

		charli

dee@cca.UUCP (Donald Eastlake) (09/29/85)

I believe that the owner of the mother is the owner of any offspring, at least
in the default, as with livestock.  Thus if the mother is free, so are the
children.  Presumably if both parents are slaves of different owners, this
could be alterened by contract.
-- 
	+1 617-492-8860		Donald E. Eastlake, III
	ARPA:  dee@CCA-UNIX	usenet:	{decvax,linus}!cca!dee