Copyright (c) 2010 All rights reserved. http://works.bepress.com/jason_gillmer Recent documents in Jason A Gillmer en-us Tue, 02 Mar 2010 22:31:00 PST 3600 http://works.bepress.com/jason_gillmer/3 http://works.bepress.com/jason_gillmer/3 Mon, 01 Mar 2010 13:48:12 PST This Article unpacks the rich and textured story of the Ashworths, an obscure yet prosperous free family of color in the antebellum South who owned land, raised cattle, and bought and sold slaves. It is undoubtedly an unusual story; indeed in the history of the times there are surely more prominent names and more famous events. Yet their story reveals a tantalizing world in which--despite legal rules and conventional thinking--life was not so black and white. Drawing on local records rather than canonical cases, and listening to the voices from the community rather than the legislatures, this Article emphasizes the importance of looking to the margins of society to demonstrate how racial relations and ideological notions in the antebellum South were far more intricate than we had previously imagined. The Ashworths never took a stand against slavery; to the contrary, they amassed a fortune on its back. But their racial identity also created complications and fissures in the social order, and their story ultimately tells us as much about them as it does about the times in which they lived. Jason A. Gillmer Civil Rights General Law Human Rights Law Law and Society Legal History Social Welfare http://works.bepress.com/jason_gillmer/2 http://works.bepress.com/jason_gillmer/2 Fri, 21 Aug 2009 14:23:40 PDT The history of race and slavery is often told from the perspective of either the oppressors or the oppressed. This Article takes a different tact, unpacking the rich and textured story of the Ashworths, an obscure yet prosperous free family of color who moved from Louisiana to Texas in the early 1830s, where they owned land, raised cattle, and bought and sold slaves. It is undoubtedly an unusual story; indeed in the history of the time there are surely more prominent names and more famous events. Yet their story reveals a tantalizing world in which--despite legal rules and conventional thinking--life was not so black and white. Drawing on local records rather than canonical cases, and listening to the voices from the community rather than the legislatures, this Article emphasizes the importance of looking to the margins of society to demonstrate how racial relations and ideological notions in the antebellum South were far more intricate than we had previously imagined. The Ashworths never took a stand against slavery; to the contrary, they amassed a fortune on its back. But their racial identity also created complications and fissures in the social order, and their story ultimately tells us as much about them as it does about the times in which they lived. Jason A. Gillmer Civil Rights General Law Law and Society Legal History http://works.bepress.com/jason_gillmer/1 http://works.bepress.com/jason_gillmer/1 Fri, 28 Sep 2007 08:46:05 PDT This Article examines in detail the local and trial records of a nineteenth-century Texas case to tell the story of a white slave master who had a thirty-year relationship with a female slave. This is a story of complexities and contradictions, and it is a story designed to add depth and detail to our current assumptions about the content of sex between the races during slavery times. Indeed, through these local records--a source traditionally underused by legal historians--the Article provides us with a pathway into the consciousness of ordinary people, and suggests a world with much more flexibility and fluidity along the lines of race and slavery than traditional accounts allow. The amount of sexual exploitation that took place under slavery will surprise no one; but, to hear the former slaves who lived on this plantation talk about it, this couple, at least, lived together as man and wife. It is this story--the story of the everyday life of slavery--that this Article seeks to tell, illuminating in the process a social order that was predicated on racial domination yet where men and women, white and black, often defied those ideologies. Ultimately, this Article concludes that the master narrative of rape so familiar to students of the subject is inadequate to account for a case like this, and urges us instead to focus on the fissures and blind spots created in the logic of slavery to further our understanding of the South and the relations between the races. Jason A. Gillmer Civil Rights Law and Society Legal History Sexuality and the Law