JOURNAL ARTICLE

Chinese Women and Habeas Corpus Hearings in California, 1857-1882.

  • Published In: Journal of the Civil War Era, 2023, v. 13, n. 4. P. 494 1 of 3

  • Database: America: History and Life with Full Text 2 of 3

  • Authored By: TIAN XU 3 of 3

Abstract

This article examines how Chinese women and men used habeas corpus proceedings in California to contest transpacifi c relations of gender, commerce, law, and power. The fi rst section looks at habeas hearings about runaway or allegedly kidnapped Chinese women already in the United States. The second chronicles how these hearings correlated with and diverged from the habeas proceedings involving the detention of Chinese women immigrants upon arrival. The California judges' approach to these cases mirrored Congress's concern over "the enormous diversity of domestic arrangements" in slavery by the end of the Civil War, when lawmakers introduced monogamous marriage and dependency on a male head of household as the most acceptable conditions for a nonwhite woman's freedom. The habeas proceedings concerning Chinese women thus revealed a Pacifi c, subnational practice of governance that was consonant with the national trend of reconstructing nonwhite women's sociolegal status in the Civil War era. [ABSTRACT FROM AUTHOR]

Additional Information

  • Source:Journal of the Civil War Era. 2023/12, Vol. 13, Issue 4, p494
  • Document Type:Article
  • Subject Area:Law
  • Publication Date:2023
  • ISSN:2154-4727
  • DOI:10.1353/cwe.2023.a912399
  • Accession Number:173595827
  • Copyright Statement:Copyright of Journal of the Civil War Era is the property of University of North Carolina Press and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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