New Content: Slavery in America and the World
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Dear Valued Customer,

We’re pleased to share our second newsletter on our newest database, Slavery in America and the World: History, Culture & Law. We are committed to disseminating information on this important subject to the largest possible audience. To date, we've had more than 1,500 individuals and organizations register for access to this collection, resulting in nearly $9,000 in pledged donations to various organizations that support the societal advancement for people of color.  

We are also constantly striving to improve research experiences for all users by adding valuable content each month. More than 60 titles and 17,000 pages were added with the November content release. This newsletter highlights both existing and newly available titles, with descriptions of the most significant material provided by the collection's general editor, Paul Finkelman. Also highlighted this month are new research examples, so users can learn how to best utilize HeinOnline's powerful search engine. We have also included features of the database, training videos, reference guides, and more!
Inside this issue:
What is HeinOnline?
HeinOnline is a premier online database containing over 140 million pages of legal history and government documents in a fully searchable, image-based format. HeinOnline bridges the gap in historical research by providing comprehensive coverage from inception of more than 2,300 periodicals on a variety of subjects, including criminal justice, political science, human rights, technology, and more. In addition to its vast collection of journals, HeinOnline contains the entire Congressional Record, complete coverage of the U.S. Reports back to 1754, and entire collections dedicated to constitutional, political, and governmental research.
Special Feature

The Proslavery Origins of the Electoral College 
Finkelman, Paul. Cardozo Law Review, Vol. 23, Issue 4 (March 2002), pp. 1145-1158.


When the Constitutional Convention debated how to choose the president, Hugh Williamson of North Carolina bluntly noted that the South could not support popular election: “The people will be sure to vote for some man in their own State, and the largest State will be sure to succeed. This will not be Virga. However. Her slaves will have no suffrage.” This was a critical observation. If the president was directly elected by the people, then southerners, especially Virginians, might not get elected. Virginia had the largest population of any state, but about 40% of its people were slaves and none of them could vote.

Later in the Convention, this debate reemerged. At this point James Madison, a slaveholding Virginian, weighed in. The most influential delegate, Madison argued that "the people at large" were "the fittest" to choose the president. But "one difficulty ... of a serious nature" made election by the people impossible. Madison noted that the "right of suffrage was much more diffusive in the Northern than the Southern States, and the latter could have no influence in the election on the score of the Negroes."

In order to guarantee that the nonvoting slaves could nevertheless influence the presidential election, Madison favored the creation of the electoral college. Shortly after this, the delegates adopted the electoral college provisions of the Constitution. Access the full text of this article here.
New Featured Titles

Paul Finkelman, the database's general editor, has selected some important titles from October's content release and written a description of each title's significance.
Virginia Pamphlet No. 6, - Turner, Nat
Published by The Lawbook Exchange, Ltd., 2007 - Edited by Paul Finkelman
 
The Nat Turner Rebellion was the bloodiest slave rebellion in the history of the United States. On August 22, 1831, the thirty-one-year-old slave Nat Turner led a band of slaves, going house to house in Southampton County, Virginia, killing whites and liberating slaves. By the time the local militia had defeated Turner’s band, between 55 and 65 whites had died. More than one hundred slaves were killed in suppressing the rebellion and probably another 100 slaves (and some free blacks) were murdered by angry whites in Virginia and North Carolina. These people had nothing to do with the rebellion. Some of those killed by the militia were beheaded, and their heads were placed on posts along the road. After the Rebellion, the state executed about 55 slaves who were accused of joining the insurrection. Others were banished from the state, and 15 were acquitted. Turner, the leader of the Rebellion, escaped immediate capture or death and managed to hide out for about two months before he was finally captured. He was quickly tried and executed, and his body was mutilated.
 
Thomas R. Gray, the author of this book, was Turner’s lawyer. He interviewed Turner at length before his trial and used notes from those interviews to write The Confession, Trial, and Execution of Nat Turner, the Negro Insurgent. For Gray, this was an important profit-making venture. He correctly understood that many people would buy his book because of the fame of the case. This book is the best primary source available on Turner, but it is problematic, and we “hear” Turner’s “voice” only as it is filtered through Gray. Used with care, however, this is a valuable source.

Narrative of the Life of Frederick Douglass, an American Slave
1v. Boston: Published at the Anti-Slavery Office, 1849 - Douglass, Frederick

 
Douglass published his autobiography in 1845. By this time he was already one of the most well-known black abolitionists in the North. His autobiography made him the most famous fugitive slave in the United States. He was not the first fugitive slave to publish a narrative, but his was more compelling than any others. Equally important, he was the first fugitive slave to reveal his real name, where he was from, and who his owner was. This made him a marked man. Once the narrative was published, any slave catcher could have found Douglass and dragged him back to Maryland, returning him to slavery and undoubtedly getting a nice payment for doing so. Because of these circumstances, Douglass had to leave the United States. He went to Great Britain, where he stayed for about a year-and-a-half, giving lectures in England, Scotland, and Ireland. During his time there two English women arranged to “purchase” Douglass from his owner and manumit him. With free papers in hand, Douglass returned to America even more famous than when he left. This book is a testament to his fame. By 1849 all copies of Douglass’s narrative had been sold, but there was new demand for his book. This 1849 version is the same as the 1845 first edition. This printing illustrates how important his book was and how many people wanted to buy it. Note it is sold by the “Anti-Slavery Office,” which was the office William Lloyd Garrison and the American Anti-Slavery Society.

Teachings of the New Testament on Slavery
1v. New York: J. H. Ladd, 1856 - Thompson, Joseph P.
 
The author of this pamphlet, Joseph P. Thompson, DD (1819 –1879), was a distinguished Congregational minister at Broadway Tabernacle Church, one of the largest and most antislavery churches in New York. Rev. Dr. Thompson was an active and significant abolitionist and subsequent supporter of the Union Cause. Indeed, during the Civil War a Confederate agent in New York City tried to assassinate him during a church service. Thompson’s pamphlet is one the best antislavery religious arguments.  Strategically he acknowledges that the Bible supports slavery in many ways, starting with the famous language from Ephesians, 6:5-10: “Servants, be obedient to them that are your masters according to the flesh, with fear and trembling, in singleness of your heart, as unto Christ.”  These verses were often used by proslavery ministers to support human bondage. But, Thompson deftly pivots, noting that “That the New Testament recognizes the existence of Slavery as a fact, is plain from various allusions to that institution, especially in the letters of Paul, and from the instructions given to both masters and slaves.”  In other words, he sets the stage to argue that the Biblical recognition of slavery is not the same as a Biblical or divine endorsement of slavery. He follows this with a series of piercing questions: “Does then Christianity acknowledge the propriety of that institution, or in any wise give to slavery its sanction? Does Slavery, as it existed in the Roman empire, find any warrant in the New Testament? Is it there recognized as a rightful institution, whose abuses only call for condemnation in the same way that an abuse of power by the husband or the father is condemned without invalidating the institution of marriage?” From here he proceeds to answer all of the proslavery positions of southern ministers. In addition to his scriptural analysis, Thompson uses Jewish rabbinic law, with a long appendix analyzing the Mishna and the Talmud.

This pamphlet was published at the height of the mini-civil war in Kansas and reflects that struggle between supporters of slavery and northerners trying to make sure that Kansas would enter the Union as a free state.  In mocking the claims of proslavery ministers, he notes that under their theories “Then, in order to have a true normal condition of society here, we must reëstablish Slavery. Then, in order to the constitution of society in Kansas, Slavery must be there established as its corner-stone.”
Made famous by a superbly successful movie by the same name, this is the first edition of Solomon Northrop’s narrative. Born and raised as a free black near Albany, New York, Northrup traveled south as a musician, eventually agreeing to go to Washington, D.C., where slavery was legal. There his “friends” in the band he was with drugged him, kidnapped him, and sold him into slavery. He spent twelve years in Louisiana until he was able to smuggle out a letter which reached white friends in New York State. An agent from New York arrived, and Northrup was redeemed and returned home. The narrative illustrates the dangers to free blacks from kidnapping. The story also shows the power of the rule of law, in that Louisiana officials recognized the laws of New York, and intervened to help rescue Northrup from slavery. This is one of the great ironies of the age.  Louisiana, by 1853, was fully committed to slavery and to defending the very ideas of slavery. But, even in this wholly proslavery state, the government was willing to help New York recover a free black illegally kidnapped and taken to Louisiana. Northrup’s book also provides important details and descriptions of slave life in a remote part of the Louisiana in the 1840s and 1850s. A companion to this volume, also in this Hein library, is the 1853 London printing of this book. The London printing notes that 8,000 copies had already been printed in London. This volume was dramatic, sensational, and a minor best seller.  

Negro in the American Rebellion: His Heroism and His Fidelity
1v. Boston: Lee & Shepard, 1867 - Brown, William Wells
 
The author of this book, William Wells Brown (1814-1884), was one of the most famous black abolitionists in the United States in the twenty years before the Civil War. Brown was born a slave in Kentucky, the son of a slave woman and a white relative of his owner. Brown’s owner moved to St. Louis where he hired Brown out to numerous employers, including Elijah P. Lovejoy, the publisher of an anti-Jacksonian political paper in St. Louis. Ironically, Lovejoy would later become an abolitionist and be murdered while defending his antislavery press in Alton, Illinois. Eventually, Brown escaped from bondage and settled in Cleveland where he worked on boats and helped take slaves across Lake Erie to Canada. By 1847 he was an active abolitionist, and that year he published his autobiography, Narrative of William W. Brown, a Fugitive Slave, which sold about 10,000 copies in four years. From 1849 to 1854 Brown lived in Great Britain, giving about 1,000 talks. While there he also studied medicine under the tutelage of Dr. John Bishop Estlin, a British abolitionist who was also a surgeon. He then returned to the United States in 1854 after British friends purchased his freedom. Brown wrote many histories of blacks, as well as a novel, Clotel, based on Thomas Jefferson’s relationship with his slave, Sally Hemings. During the Civil War Brown (who was in his mid-50s when the War began) recruited troops for all black regiments. After the war, he wrote this book, which reaffirmed the significant contribution of black troops to the war effort. By the end of the War, blacks, mostly recently manumitted slaves, constituted about ten percent of the U.S. Army. Brown began writing this book at the beginning of Reconstruction before blacks gained citizenship and the right to vote under the 14th and 15th Amendments. Detailing the courage and bravery of black soldiers, as well as their casualties and ultimate sacrifices in battle, this book reminded Americans that blacks had earned their right to equality, citizenship, and enfranchisement. While not an academic history, this remains a useful source for scholarship on black military contributions and achievements during the Civil War while also serving as a source for understanding the complex process of creating Constitutional equality after the War.
Editor's Picks

While browsing Slavery in America and the World: History, Culture & Law, you’ll notice gold stars next to some of the titles. We call them “Editor’s Picks,” which Paul Finkelman, the general editor, has chosen as what he thinks are the most important titles to be found in this collection.

Examples of Editor's Picks:

 
1v. New York: Loyal Publication Society, 1865 - Lieber, Francis

Francis Lieber (1798 or 1800 – 1872) was born in Germany, earned a Ph.D. in mathematics and migrated to the United States in 1827. He soon became a legal scholar of law and political science and held in history and political economy at South Carolina College (now the University of South Carolina) from 1835 until 1856. While in South Carolina, Lieber was a staunch unionist, and while opposed to slavery, did not speak out against it because that would have cost him his job. However, his failure to publicly support slavery made his position untenable in the mid-1850s and he moved to New York, where he accepted a position at Columbia University. During the Civil War he was an advisor to the Lincoln administration and the author of A Code for the Government of Armies in the Field, as Authorized by the Laws and Usages of War on Land, better known as The Lieber Code (1863), which became the basis for the rules of war for the United States and heavily influenced the modern law of war. As an active Unionist, Lieber was the president of the Loyal Publication Society, which produced pamphlets and put printed material to support the Union cause and the war effort. This publication is a speech Lieber gave in 1851 in South Carolina. Here Lieber attacked the idea of secession, mocking the notion that the Union could be split up. Thus he wrote: “There are those who speak of the remedy of secessiona remedyan amputation would be a remedy, indeed, to cure a troublesome corn, or as cutting one's throat would remedy a migraine.” While not directly about slavery, this speech attacking the very concept of secession was intimately tied to South Carolina’s total commitment to human bondage. Reprinted in New York after Lincoln issued the Emancipation Proclamation, the speech served to remind Northerners of the fundamental wrongness of secession and the importance of continuing the war effort to a conclusion, which would be reconstructing the Union and ending slavery. Read more here.
 
1v. Washington: Printed at the Congressional Globe Office, 1850 - Stringfellow, Thornton

Thornton Stringfellow (1788-1869), a Baptist minister and planter from Fredericksburg, Virginia, was one of the most influential pro-slavery theologians in the 1850s. In addition to the volume here, he was the author of a number of publications, including Scriptural and Statistical Views in Favor of Slavery (1856), and Slavery: Its Origin, Nature, and History (1861). He argued in this volume and elsewhere that the Bible sanctioned slavery and that owned slaves were consistent with Christianity and Christian morality. He argued that God established slavery in the world after the Flood, and thus slavery was permissible under religious law and morality. Read more here.
 
1v. Philadelphia, Henry Longstreth, 1856 - Stroud, George M.

George McDowell Stroud (1795-1875) was born in Stroudsburg, Pa. the grandson of the founder of the town, Jacob Stroud. He graduated from Princeton and then studied law with John Hollowell, who later became the President Judge of the Philadelphia Court of Common Pleas and was admitted to the bar in 1819. He later married Hollowell’s daughter, Eleanor. As a young lawyer in Philadelphia, he published the first edition of a Sketch of the Law Relating to Slavery in 1827. It was the first compendium of the law of slavery published in the United States. In the 1830 Stroud became a judge of the Philadelphia District Court, where he served for 36 years. This carefully constructed legalist analysis of slavery did not hurt Stroud’s career. He was antislavery, but not seen at the time as a radical. He published the second edition in 1856 when he was serving on the District Court. Here he expressed his strong hostility to the spread of slavery, which by this time reflected the increasingly popular position of the Republican Party. Read more here.
 
1v. New York, D. Appleton and Company, 1857 - Brenton, Thomas Hart

Dred Scott v. Sandford, 60 U.S. (19 How.) 393 (1857), is the most famous American legal case involving slavery. Indeed, with the possible exception of Marbury v. Madison, 5 U.S. (I Cranch) 173 (1803), Dred Scott is the best known U.S. Supreme Court decision of the nineteenth century. In Dred Scott, the Court declared that a major piece of the Compromise of 1820, also known as the Missouri Compromise, was unconstitutional. This law had been in force for thirty-seven years and was the basis of numerous other federal statutes. The Compromise banned slavery north and west of the new state of Missouri. In his “Opinion of the Court,” Chief Justice Taney also declared that free blacks, even those who could vote and hold office in the states where they lived, could never be considered citizens of the United States. Read more here.
Judicial Cases

The Judicial Cases subcollection contains the well-known five-volume set from the Carnegie Institution, edited by Helen T. Catterall, titled Judicial Cases concerning American Slavery and the Negro. Cases in the set are broken down by court, including the U.S. Supreme Court and various circuit and district courts. Browse the contents of all volumes, or search within the title. Click a year range under U.S. Supreme Court cases or a court under Federal Cases for a list of slavery-related cases pertaining to each option:


The collection also contains numerous cases not summarized by Catterall. Like most HeinOnline databases, this collection will be regularly updated and enhanced with additional materials.
Coming Soon

Here is a list of other titles that will be added to the collection in the coming months.

Campaign in Illinois: Last Joint Debate: Douglas and Lincoln at Alton, Illinois
1v. Washington: Printed by Lemuel Towers, 1858 - Lincoln, Abraham; Douglas, Stephen A.
 
Massachusetts Resolutions on the Sumner Assault and the Slavery Issue
1v. Washington, D.C.: Published at the Office of the Congressional Globe, 1856 - Butler A. P.; et al.

 
Social Relations in Our Southern States
1v. New York: Henry B. Price, 1860 - Hundley, D. R. 

State Sovereignty and Treason: Speech of Hon. John D. Baldwin, of Massachusetts, Delivered in the House of Representatives, Washington, March 5, 1864
1v. Washington, D.C.: H. Polkinhorn, Printer, 1864 - Baldwin, John D.

Union: Its Dangers: And How They Can Be Averted
1v. New York, 1860 - Tilden, Samuel J.
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Quick Reference Guide

Be sure to check out our Slavery in America and the World Quick Reference Guide for even more about the subcollections, features, and tools in this collection.
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"I'm a librarian with liaison responsibilities for Black Studies at my institution, and I am also an amateur genealogist, currently trying to trace several branches of my family beyond the other side of "The 1870 Wall."  I'm only two pages in on a document detailing Texas judicial cases, and I HAVE to stop and say THANK YOU.  THANK YOU.  THANK YOU SO MUCH FOR THIS ACCESS."
 

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As Seen on Twitter

 Transy Library ‏@TransyLibrary  Dec 5
Thanks to @HeinOnline for your generosity in making this important collection available to scholars worldwide!

 UGA Law Library ‏@ugalawlibrary  Nov 15
Extraordinary new collection from @HeinOnline #Slavery in America and the World: History, Culture & Law 
http://bit.ly/2fdaCrT

 Jen Black ‏@blackjen1  Oct 19
Amazing new resource! pls share: #digitalhumanities @lizcovart @TradeCardCarl @AHAhistorians @C19Americanists @ncph http://bit.ly/2dqh5xV 

 Matt Stoller ‏@matthewstoller  Oct 16
Very cool. A free historical database of all known legal documentation on slavery in the English speaking world. http://home.heinonline.org/slavery/ 
About the Editor

Paul Finkelman is a specialist in American legal history, constitutional law, and race and the law. He is the author of more than 200 scholarly articles and 40 books, and his pieces have appeared in the New York Times, the Washington Post, USA Today, and on Huffington Post. His book Slavery in the Courtroom received the Joseph L. Andrews Award from the American Association of Law Libraries in 1986.

He is an expert on topics such as constitutional history and constitutional law, the legal history of slavery, civil liberties, freedom of religion,  and more. He has written extensively on Thomas Jefferson and Abraham Lincoln.

Professor Finkelman has been cited by the Supreme Court for his scholarship on racial equality and affirmative action, religious monuments in public spaces, public prayer and the Second Amendment, and he appeared as the chief expert witness in the Alabama Ten Commandments Monument case and the lawsuit over the ownership of Barry Bonds’ 73rd home run ball.

Read our Editor's Introduction here.
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