2.7 Slavery and American Law: Slave Codes and Landmark Cases

Slavery and American law were deeply intertwined, shaping the legal landscape of early America. Slave codes and constitutional provisions entrenched racial hierarchies, defining enslaved people as property and denying them basic rights.

Landmark cases like Dred Scott v. Sandford further codified the legal status of African Americans as non-citizens. These laws and rulings had far-reaching consequences, impacting both enslaved and free Black individuals throughout the nation.

Slavery and citizenship rights

Constitutional references to slavery

• Article I, Section 2 of the U.S. Constitution includes the Three-Fifths Compromise, counting enslaved individuals as three-fifths of a person for the purpose of determining representation in the House of Representatives and taxation
• Article IV, Section 2 contains the Fugitive Slave Clause, requiring states to return escaped enslaved people to their enslavers, even if they fled to a free state
• The absence of the terms "slave" or "slavery" in the Constitution, despite their presence in early drafts, reflects the framers' reluctance to explicitly acknowledge the institution while still protecting it

Slave codes in the Americas

• Defined the legal status of enslaved people as property rather than persons, denying them basic human rights and legal protections
• Prohibited enslaved individuals from learning to read and write, gathering in groups, possessing weapons, and wearing certain clothing (fine fabrics) to maintain control and prevent resistance
• Established harsh punishments for violations, including whipping, branding, and even death, to deter disobedience and assert the power of enslavers
• Existed throughout the Americas, with variations such as the Code Noir in French colonies and the Código Negro in Spanish colonies, demonstrating the widespread nature of race-based chattel slavery

Race-based legal restrictions

• Laws and codes entrenched racial hierarchy by granting privileges and protections to white people while denying them to Black individuals based solely on race
• Restricted upward mobility for African Americans by limiting their access to education, skilled trades, and property ownership, ensuring their continued subjugation
• Prohibited interracial marriages and relationships to maintain racial boundaries and white supremacy
• Denied African Americans the right to testify against white people in court, leaving them vulnerable to abuse and injustice without legal recourse

Free state discrimination laws

• Some northern states (Illinois, Indiana) passed laws barring free African Americans from entering or settling in the state, effectively excluding them from opportunities and resources
• Voting restrictions, such as property ownership requirements, were imposed on free Black men in states like New York, limiting their political participation and representation
• Ohio and other states prohibited free African Americans from testifying against white people in court, denying them equal protection under the law
• Only Wisconsin and Iowa granted Black men the right to vote before the ratification of the Fifteenth Amendment in 1870, highlighting the widespread disenfranchisement of African Americans even in free states

Slave code responses to resistance

• The Stono Rebellion in 1739, where enslaved Africans in South Carolina staged an armed uprising, prompted the colony to revise its slave code in 1740
• The updated code imposed even harsher restrictions on enslaved people, such as banning drumming and assembly, to prevent future rebellions and maintain control
• Increased patrols and surveillance were mandated to monitor enslaved individuals and quickly suppress any signs of resistance or defiance
• The revised code served as a model for other colonies, demonstrating how slave codes evolved in response to acts of resistance to tighten the grip of slavery

South Carolina's 1740 slave code

• Prohibited enslaved people from learning to read and write, recognizing the power of literacy as a tool for resistance and self-empowerment
• Banned enslaved individuals from gathering in groups, even for religious purposes, to prevent communication and organization that could lead to rebellion
• Outlawed the possession of weapons by enslaved people, ensuring their inability to defend themselves against abuse or stage armed resistance
• Condemned enslaved individuals to death for attempting to defend themselves against attacks by white people, reinforcing the absolute power of enslavers over the enslaved

Legal denial of African American rights

• The Dred Scott v. Sandford Supreme Court decision in 1857 ruled that African Americans, whether enslaved or free, were not and could never become U.S. citizens, denying them the rights and protections guaranteed by the Constitution
• This landmark case codified the legal status of African Americans as inferior to white people and entrenched the racial hierarchy in American society
• The decision invalidated the Missouri Compromise, which had prohibited slavery in certain territories, effectively opening up new regions to the expansion of slavery
• The Dred Scott decision demonstrated how the legal system was used to perpetuate the oppression of African Americans and maintain the institution of slavery, even in the face of growing abolitionist sentiment

Required Sources

Articles 1-10 from the Louisiana Slave Code (Code Noir, or Black Code), 1724

Full text: https://www.blackpast.org/african-american-history/louisianas-code-noir-1724/

The Louisiana Slave Code of 1724 provides crucial insight into the legal framework that institutionalized slavery in French colonial Louisiana. This document codified the brutal system of racial oppression, detailing specific regulations governing the treatment, control, and rights of enslaved Africans in the territory.

By examining these articles, scholars can better understand the foundations of systemic racism in American society. The code's influence extended beyond Louisiana, shaping slave laws throughout the American South and Caribbean, and its legacy continued to impact race relations long after slavery's abolition.

"I. Decrees the expulsion of Jews from the colony.

II. Makes it imperative on masters to impart religious instruction to their slaves.

III. Permits the exercise of the Roman Catholic creed only. Every other mode of worship is prohibited.

IV. Negroes placed under the direction or supervision of any other person than a Catholic, are liable to confiscation.

V. Sundays and holidays are to be strictly observed. All negroes found at work on these days are to be confiscated.

VI. We forbid our white subjects, of both sexes, to marry with the blacks, under the penalty of being fined and subjected to some other arbitrary punishment. We forbid all curates, priests, or missionaries of our secular or regular clergy, and even our chaplains in our navy to sanction such marriages. We also forbid all our white subjects, and even the manumitted or free-born blacks, to live in a state of concubinage with blacks. Should there be any issue from this kind of intercourse, it is our will that the person so offending, and the master of the slave, should pay each a fine of three hundred livres. Should said issue be the result of the concubinage of the master with his slave, said master shall not only pay the fine, but be deprived of the slave and of the children, who shall be adjudged to the hospital of the locality, and said slaves shall be forever incapable of being set free. But should this illicit intercourse have existed between a free black and his slave, when said free black had no legitimate wife, and should said black marry said slave according to the forms prescribed by the church, said slave shall be thereby set free, and the children shall also become free and legitimate ; and in such a case, there shall be no application of the penalties mentioned in the present article.

VII. The ceremonies and forms prescribed by the ordinance of Blois, and by the edict of 1639, for marriages, shall be observed both with regard to free persons and to slaves. But the consent of the father and mother of the slave is not necessary; that of the master shall be the only one required.

VIII. We forbid all curates to proceed to effect marriages between slaves without proof of the consent of their masters; and we also forbid all masters to force their slaves into any marriage against their will.

IX. Children, issued from the marriage of slaves, shall follow the condition of their parents, and shall belong to the master of the wife and not of the husband, if the husband and wife have different masters.

X. If the husband be a slave, and the wife a free woman, it is our will that their children, of whatever sex they may be, shall share the condition of their mother, and be as free as she, notwithstanding the servitude of their father; and if the father be free and the mother a slave, the children shall all be slaves."

Excerpts from the South Carolina Slave Code, 1740

The South Carolina Slave Code of 1740 codified the brutal system of chattel slavery in colonial America. This comprehensive set of laws stripped enslaved Africans of basic human rights, severely restricting their movement, education, and ability to gather. It institutionalized racial hierarchies and cemented white supremacy in the colonial legal system.

These laws had far-reaching consequences, serving as a model for other slave codes throughout the South. The code's emphasis on controlling every aspect of enslaved people's lives reveals the pervasive fear of slave rebellions among white colonists. Its legacy continued to shape race relations and systemic racism in America long after slavery's abolition.

Summarized for your convenience. 🥹 Full text here: https://wisc.pb.unizin.org/ls261/chapter/ch-1-1-the-slave-code-of-south-carolina-1740/

[1a] [Those Who are Slaves] Defines slaves as property, including all people of color and their offspring, except for free Indians allied with the government and those already free. [1b] [Freed People of Color] Outlines the legal process for a person of color to claim freedom, placing the burden of proof on the plaintiff. [3] [Permission to Travel] Requires slaves to have written permission to travel outside their town or plantation. [5] [Slaves Found Outside their Residence] Allows white persons to pursue and moderately correct slaves found outside their residence without permission, and permits killing slaves who assault whites. [9] [Slave Trials] Establishes a trial process for slaves accused of capital crimes, involving two justices and 3-5 freeholders. [16] [Felonies] Lists felonies for slaves and free people of color, including arson, theft of slaves, and poisoning. [17] [Homicide & Rebellion] Declares homicide of a white person and slave insurrection as capital offenses, with provisions for mitigation of sentences. [33] [Travel or Work Outside the Slaves’ Residence] Prohibits owners from allowing slaves to work independently for pay. [36] [Slave Meetings] Restricts slave gatherings and movements, especially on weekends and holidays. [37] [Cruelty] Sets fines for murdering or cruelly punishing slaves, while still allowing beatings with certain implements. [38] [Neglect or Deprivation] Establishes a process for reporting and addressing neglect or deprivation of slaves by owners. [44] [Overwork] Limits the number of work hours for slaves seasonally (15 or 14 hours per day). [45] [Writing] Prohibits teaching slaves to write or employing them as scribes.

Article I, Section 2 of the United States Constitution, 1787

Full text: https://constitution.congress.gov/constitution/article-1/

The Three-Fifths Compromise embedded in Article I, Section 2 of the Constitution reflects the deep-rooted racial inequalities present at America's founding. This provision counted enslaved individuals as three-fifths of a person for purposes of representation and taxation, codifying the dehumanization of African Americans into the nation's foundational document.

This compromise had far-reaching consequences, enhancing the political power of slaveholding states and entrenching the institution of slavery. Its inclusion in the Constitution demonstrates how racial oppression was woven into the fabric of early American governance, shaping political, social, and economic realities for generations to come.

Summarized:

Establishes the House of Representatives and includes the following provisions:

• Qualifications: Representatives must be at least 25 years old, have been a citizen of the United States for at least seven years, and be a resident of the state they represent.
• Representation: Each state must have at least one representative in the House.
• Elections: Representatives are elected every two years by the people of the states.
• Impeachment: The House has the sole power of impeachment, including impeachments of the President.
• Other rules: The section also specifies other operating rules for the House of Representatives, such as how each House can determine the rules of its proceedings, punish members for disorderly behavior, and expel members

Article IV, Section 2 of the United States Constitution, 1787

Full text: https://constitution.congress.gov/constitution/article-4/

The Fugitive Slave Clause in Article IV, Section 2 of the Constitution codified the legal obligation for states to return escaped slaves to their owners. This provision strengthened the institution of slavery by ensuring slaveholders' property rights were protected across state lines, even in areas where slavery was prohibited.

The clause's inclusion in the Constitution highlights the compromises made between Northern and Southern states during the nation's founding. It demonstrates how deeply entrenched slavery was in early American society and politics, setting the stage for future conflicts that would ultimately lead to the Civil War.

Summarized:

Privileges and Immunities Clause Also known as the Comity Clause, this clause states that citizens of each state are entitled to the same fundamental rights and privileges as citizens of other states. This includes the right to travel, reside, trade, work, and own property in other states, and prohibits discrimination based on state of residence. However, some rights are not protected, such as voting, holding office, and recreational hunting and fishing.

Interstate Extradition Clause This clause states that a person charged with a crime in one state who flees to another state must be returned to the state with jurisdiction over the crime. However, the accused can prevent extradition by providing clear evidence that they were not in the state at the time of the crime.

Fugitive Slave Clause This clause gave enslavers the right to capture enslaved people who had escaped to free states

Dred Scott v. Sandford, Majority Opinion by Supreme Court Chief Justice Roger Taney, 1857.

Dred Scott's plea for freedom challenged the legal status of enslaved individuals in free territories, highlighting the complex intersection of slavery, citizenship, and states' rights in antebellum America. His case brought national attention to the moral and constitutional contradictions inherent in the institution of slavery.

Chief Justice Taney's opinion in the Dred Scott case represented a pivotal moment in American jurisprudence, effectively denying citizenship rights to African Americans and ruling that Congress lacked authority to prohibit slavery in federal territories. This decision intensified sectional tensions and played a significant role in precipitating the Civil War.

"A free negro of the African race, whose ancestors were brought to this country and sold as slaves, is not a “citizen” within the meaning of the Constitution of the United States...

"The Constitution of the United States recognises slaves as property, and pledges the Federal Government to protect it. And Congress cannot exercise any more authority over property of that description than it may constitutionally exercise over property of any other kind...

"Prohibiting a citizen of the United States from taking with him his slaves when he removes to the Territory...is an exercise of authority over private property which is not warranted by the Constitution, and the removal of the plaintiff [Dred Scott] by his owner to that Territory gave him no title to freedom."