On March 2, 1807, President Thomas Jefferson signed a bill outlawing the African slave trade. Opponents of the traffic rejoiced that the bill was passed at almost the same time as a similar anti-slave-trade bill in Britain. As one Philadelphia newspaper put it, “Thus, will terminate, on the same day, in two countries of the civilized world, a traffic which has hitherto stained the history of all countries who made it a practice to deal in the barter of human flesh.” Efforts to end the African slave trade in the British colonies of North America dated back to the 1760s, proceeded in fits and starts, and resulted from a wide range of motives. In contrast to Great Britain, the United States 1807 bill was not the result of a long, hard-won, popular abolition campaign. However, despite a series of laws intended to curb the trade, eventually making the United States laws the world's toughest, smugglers continued to bring enslaved Africans into the South after 1808, and, more significantly, American vessels played a crucial role in the massive illegal slave trade to Cuba and Brazil during the nineteenth century. The impact on the United States economy was not inconsequential, but even more important was the trade's impact on the Atlantic economy, fueling the rapid economic growth of Cuba and Brazil in the decades that followed.

Impersonation and then identity theft in America emerged in the legal space between a civil system with a high tolerance for market risk and losses incurred by impostors, and a later-developing criminal system preoccupied with fraud or forgery against the government. Negotiable instruments, generally paper checks, borrowed from seventeenth-century England, enabled a geographically far-flung commercial system of paper-based but impersonal exchanges at a time before widespread availability of centrally-issued currency or regulated banks. By assigning loss rather than catching criminals, the “impostor rule” made and continues to make transactions with negotiable instruments valid even if fraudulent. This large body of commercial law has stood essentially unchanged for three hundred years and has facilitated a system rife with impersonation which criminal and federal laws did not address until the late 20th century. English common law, American legal treatises, court cases, law review articles, and internal debates behind the Uniform Commercial Code tell the story of a legal system at the service of commerce through the unimpeded transfer of paper payments. Combining the fields of legal history and criminal justice with the approaches of emerging research in both identification and paperwork studies, this article explains the ongoing policy problems of identity theft.

On July 31, 1944, Rikizo Yoneyama, a former resident of Haney, British Columbia, an agricultural area east of Vancouver, wrote to the Canadian Minister of Justice to protest the sale of his property. Two years earlier, when he and his family had packed their belongings for their forced expulsion from coastal British Columbia, they could take with them only what they could carry and, like other displaced people, they left much behind. “I realize that we are the victims of a war emergency and as such are quite willing to undergo … hardship … to help safeguard the shores of our homeland,” wrote Yoneyama, “however, I do urgently desire to return to my home … when the present emergency ends. May I plead your assistance in the sincere request for the return of that home?” When letters like his did receive a response from the federal government (there is no record that he did so in this case) it came in the form of standard letter, acknowledging that “the disposal of … property will be a matter of personal concern” but informing Japanese Canadians that, in conformity with a new federal law, everything, including their homes, would be sold.

In 1794, the Russian Empire convened the first high admiralty court for appeals to review petitions of merchants and privateers embroiled in the second Russian–Ottoman war of Catherine II's reign (1787–91). The Commission for Archipelago Affairs, as this admiralty court was called, decided more than 170 cases on the basis of Russian maritime law and its interpretation of the law of nations concerning commercial navigation and privateers. A year into its work, the commission determined that one case sat at the center of most disputes that pitted merchants against Russian-flagged privateers: the affair of Lambros Katsonis. The commission's decisions for most of the cases on its docket rested on its determination of Katsonis's standing in the Russian Empire. Once decided, the outcome of the matter went on to define the distinction between Russian privateers and naval officers in Russian law: precedents that shaped Russian naval practices for the next 50 years.

“The Mediterranean, central to the development of human civilization and lovingly celebrated in Euro-American historiography, from the viewpoint of human oppression has been a veritable vortex of horror for all mankind, especially for the Slavic and African peoples. The relationship was in no way accidental.”

If a German couple wanted to get married today, they would have to consult the German Civil Code, the Bürgerliches Gesetzbuch or BGB, for information on how to do so. From the BGB, they would learn that—provided that they are competent, more than 18 years of age, not related in a direct line or (half-) siblings, and not currently married—they can get married before the Standesbeamter or civil registrar. They would also learn that should they want a divorce in the future, any proceedings would have to be brought in the family court, which is a special division within the German civil courts of first instance, and that the judge hearing their case would be required to consider whether their marriage has “failed”: a state of affairs that that judge would be legally compelled to presume if one or both of them wanted the divorce (and they had lived apart for a prescribed number of years).

Today, millions of migrant workers, some of them caught in debt bondage, some victims of fraud or forced migration, and others simply desperate for a better life elsewhere but instead finding themselves working for below subsistence wages or no pay at all, could be called modern-day slaves. Campaigns to end modern-day slavery have taken many forms. Most visibly, what is sometimes called “the new abolitionism,” constitutes a strand of modern antislavery and antitrafficking movements that draws often on the analogy between these workers’ plight and chattel slavery in the Atlantic world.

In the mid-1700s, the town of Mompox flourished in the Spanish viceroyalty of the New Kingdom of Granada, today part of the Republic of Colombia. Built on the banks of the northern Magdalena River, an important waterway connecting the Andean interior with the Caribbean Sea, Mompox constantly buzzed with travelers and trade alike. Mompox was home to a community of merchants who profited handsomely from both legal trade and smuggling, their networks reaching places as far away as Lima in Peru and Cádiz in Spain. These merchants were frequently also slaveholders and landowners. On haciendas outside of town, slaves cultivated the land and tended large herds of cattle. They gathered wood and resins and hunted for game and jaguars (panthera onca) that preyed on livestock. Along with free people of color, slaves also worked as artisans, journeymen, and oarsmen on boats transporting goods and people up and down the river (see Figure 1).

At the beginning of the twentieth century, Vital Mareille—a champion of the plaidoirie sentimentale—tried to explain the reasons for its rise in France and its continued popularity into his own era. He defined it in the following terms: “The plaidoirie [defense summation] sentimentale is, precisely, that which seeks to move; one can say: that which comes from the heart of the attorney, to address that of the judges.” The plaidoirie sentimentale had existed in France before 1800, but it entered its golden age in the nineteenth century, and became a specialized form of judicial oratory. It developed chiefly in response to the introduction of trial by jury in 1791. Attorneys had to craft a rhetorical approach that would appeal to these “simple citizens,” and for this, sentimental eloquence was ideal; however, no recent scholar has attempted a systematic study of this important form of courtroom rhetoric from its origins in the early nineteenth century to its gradual replacement after 1890 or thereabouts by a more fact-based, “positivist” approach. This is unfortunate, because the history of the plaidoirie sentimentale reveals much. It includes juridical issues such as how the rhetorical practices of magistrates themselves contributed to the affective nature of French jury trial and the impact of the abolition in 1881 the résumé (summing up),which had been the judge's one means of countering the effect on a jury of an eloquent defense summation. It also reveals important changes in the attitudes of judges and jurors toward male mistreatment of women and the sexual “double standard” from the middle of the nineteenth century on and of how attorneys of the era drew on both the “new” emotion of sympathy and the “old” one of honor to persuade jurors to acquit. This adds to the evidence that emotions have a “history.”

This symposium issue is first and foremost about crossing boundaries. The people readers have met in these pages—enslavers and enslaved, traders and purchasers, abolitionists and insurrectionaries—were mobile, and their mobility had consequences. The slave traders who changed flags as they moved across international waters are only the most visible exemplars of this phenomenon. Crossing geographic borders often meant crossing boundaries of race and status as well. All of these articles in one form or another address the question of what it means to cross lines: between “slave” and “free,” “legal” and “illegal,” “past” and “present.”

The crop lien was more than a strange fruit of emancipation, a hard-fought compromise, or a pragmatic choice. Its legal logic rested on several generations’ experience with capitalist social relations in the antebellum North, where intense pressures on land use in urban cores and their agricultural hinterlands promoted contestation and experimentation in the ancient body of landlord–tenant law. Northerners designed the crop lien as a way to disentangle contract from property: to strip the lease of its common law guarantee of exclusive possession and shift the burden onto tenants to bargain for it.1