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How American colonists laid the foundations of American capitalism with an economy built on credit Even before the United States became a country, laws prioritizing access to credit set colonial America apart from the rest of the world. Credit Nation examines how the drive to expand credit shaped property laws and legal institutions in the colonial and founding eras of the republic. In this major new history of early America, Claire Priest describes how the British Parliament departed from the customary ways that English law protected land and inheritance, enacting laws for the colonies that privileged creditors by defining land and slaves as commodities available to satisfy debts. Colonial governments, in turn, created local legal institutions that enabled people to further leverage their assets to obtain credit. Priest shows how loans backed with slaves as property fueled slavery from the colonial era through the Civil War, and that increased access to credit was key to the explosive growth of capitalism in nineteenth-century America. Credit Nation presents a new vision of American economic history, one where credit markets and liquidity were prioritized from the outset, where property rights and slaves became commodities for creditors' claims, and where legal institutions played a critical role in the Stamp Act crisis and other political episodes of the founding period.
Women and the Law of Property in Early America
Writing in an age when the call for the rights of man had brought revolution to America and France, Mary Wollstonecraft produced her own declaration of female independence in 1792. Passionate and forthright, A Vindication of the Rights of Woman attacked the prevailing view of docile, decorative femininity and instead laid out the principles of emancipation: an equal education for girls and boys, an end to prejudice, and the call for women to become defined by their profession, not their partner. Mary Wollstonecrafts work was received with a mixture of admiration and outrageWalpole called her a hyena in petticoatsyet it established her as the mother of modern feminism.
From New York Times bestselling historian H. W. Brands comes the riveting story of how, in nineteenth-century America, a new set of political giants battled to complete the unfinished work of the Founding Fathers and decide the future of our democracy In the early 1800s, three young men strode onto the national stage, elected to Congress at a moment when the Founding Fathers were beginning to retire to their farms. Daniel Webster of Massachusetts, a champion orator known for his eloquence, spoke for the North and its business class. Henry Clay of Kentucky, as dashing as he was ambitious, embodied the hopes of the rising West. South Carolina's John Calhoun, with piercing eyes and an even more piercing intellect, defended the South and slavery. Together these heirs of Washington, Jefferson and Adams took the country to war, battled one another for the presidency and set themselves the task of finishing the work the Founders had left undone. Their rise was marked by dramatic duels, fierce debates, scandal and political betrayal. Yet each in his own way sought to remedy the two glaring flaws in the Constitution: its refusal to specify where authority ultimately rested, with the states or the nation, and its unwillingness to address the essential incompatibility of republicanism and slavery. They wrestled with these issues for four decades, arguing bitterly and hammering out political compromises that held the Union together, but only just. Then, in 1850, when California moved to join the Union as a free state, "the immortal trio" had one last chance to save the country from the real risk of civil war. But, by that point, they had never been further apart. Thrillingly and authoritatively, H. W. Brands narrates an epic American rivalry and the little-known drama of the dangerous early years of our democracy.
History has largely forgotten the writings, both public and private, of early nineteenth-century America’s legal scholars. However, Ellen Holmes Pearson argues that the observers from this era had a unique perspective on the young nation and the directions in which its legal culture might go. Remaking Custom draws on the law lectures, treatises, speeches, and papers of the early republic’s legal scholars to examine the critical role that they played in the formation of American identities. As intermediaries between the founders of America’s newly independent polities and the next generation of legal practitioners and political leaders, the nation’s law educators expressed pride in the retention of the "republican parts" of England’s common law while at the same time identifying some of the central features that distinguished American law from that of Britain. From their perspective, the new nation’s blending of tradition and innovation produced a superior national character. Because American law educators interpreted both local and national legal trends, Remaking Custom reveals how national identities developed through Americans’ articulation of their local customs and identities. Pearson examines the innovations that legists could celebrate, such as constitutional changes that placed the people at the center of their governments and more egalitarian property laws that accompanied America’s abundant supply of land. The book also deals with innovations that presented uncomfortable challenges to law educators as they sought creative ways to justify the legal cultures that grew up around slavery and Anglo-Americans’ hunger for land occupied by Native Americans.
Reflecting the best recent scholarship of Early America and the Early Republic, the articles in this collection study the many dimensions of American political history. The authors explore Native American interests and encounters with settlers, diplomatic endeavors, environmental issues, legal debates and practiced law, women's citizenship and rights, servitude and slavery and popular political activity. The geographical perspective is as expansive as the topical, with strong representation of trans-Atlantic and continental interests of many nations and peoples. The international and interdisciplinary perspectives illustrate the dynamic transformations of America during this era of settlement, conquest, development, revolution and nation building.
The articles in this collection explore subjects such as Native American interests and encounters with settlers, diplomatic endeavours, environmental issues, legal debates and practiced law, women's citizenship and rights, servitude and slavery and popular political activity. The international and interdisciplinary perspectives illustrate the dynamic transformations of America during this era of settlement, conquest, development, revolution and nation building.
Jefferson's Freeholders and the Politics of Ownership in the Old Dominion explores the historical processes by which Virginia was transformed from a British colony into a Southern slave state. It focuses on changing conceptualizations of ownership and emphasizes the persistent influence of the English common law on Virginia's postcolonial political culture. The book explains how the traditional characteristics of land tenure became subverted by the dynamic contractual relations of a commercial economy and assesses the political consequences of the law reforms that were necessitated by these developments. Nineteenth-century reforms seeking to reconcile the common law with modern commercial practices embraced new democratic expressions about the economic and political power of labor, and thereby encouraged the idea that slavery was an essential element in sustaining republican government in Virginia. By the 1850s, the ownership of human property had replaced the ownership of land as the distinguishing basis for political power, with tragic consequences for the Old Dominion.