Welcome to Chapter 2.7: Slavery and American Law

In this chapter, we are going to look at how the legal system in America was used to build and maintain the system of slavery. Usually, we think of laws as things that protect people's rights. However, for enslaved African Americans, laws called Slave Codes were designed to do the opposite: they were created to define people as property and take away their freedom. We will also look at Landmark Cases and the U.S. Constitution to see how the highest authorities in the land handled the issue of enslavement.

Note: This chapter connects to the previous sections on slave auctions and labor by explaining the legal "rules" that made those systems possible.

1. Colonial Slave Codes: Control and Religion

Before the United States was even a country, different colonies had their own sets of laws to manage enslaved populations. Two of the most important ones to know for your exam are the Louisiana Code Noir and the South Carolina Slave Code.

Louisiana Slave Code (Code Noir) of 1724

The Code Noir (French for "Black Code") was a set of laws passed by the French to regulate the lives of enslaved people in their colonies, including Louisiana. The first ten articles are particularly important because they mixed religion with racial control.

  • Religious Exclusion: The code ordered the expulsion of all Jews from the colony (Article 1).
  • Mandatory Catholicism: It required all enslaved people to be baptized and instructed in the Catholic religion (Articles 2 and 3).
  • Public Worship: Only the Catholic faith was allowed for public exercise; any other form of worship was forbidden (Article 3).

Quick Review: Why did the French care about religion in a slave code? By mandating Catholicism, they used the church as a tool for social control and to ensure "loyalty" to the French crown's values.

South Carolina Slave Code of 1740

This set of laws was passed in response to the Stono Rebellion (a major uprising of enslaved people). Because the plantation owners were terrified of future revolts, these laws were incredibly strict.

  • Restricted Movement: Enslaved people could not leave their plantations without a written pass.
  • Banned Education: It became illegal to teach enslaved people how to write.
  • Banned Assemblies: Enslaved people were forbidden from gathering in large groups.

Key Takeaway: Slave codes were not just about work; they were designed to prevent resistance by stopping communication and education.

2. Slavery and the U.S. Constitution (1787)

When the "Founding Fathers" wrote the Constitution, they did not use the word "slave," but they included several protections for the system of slavery to keep the Southern states from leaving the Union. There are two specific sections you must know:

The Three-Fifths Clause (Article I, Section 2)

This clause determined how many representatives each state would get in Congress. Southern states wanted to count enslaved people to get more power, while Northern states disagreed because enslaved people had no rights. The "compromise" was that each enslaved person would be counted as \( 3/5 \) of a person for representation and taxation.

The Fugitive Slave Clause (Article IV, Section 2)

This part of the Constitution stated that if an enslaved person escaped to a free state, they were not actually free. The law required that they be "delivered up" and returned to their enslaver. This meant that the legal status of being "property" followed a person across state lines.

Memory Aid: Think of the Constitution as a legal bridge. Even though it talked about liberty, these specific clauses built a bridge that allowed slavery to continue and expand in the new nation.

3. Landmark Case: Dred Scott v. Sandford (1857)

This is perhaps the most famous—and infamous—legal case in the history of American slavery. Dred Scott was an enslaved man who had been taken by his enslaver into free territories. He sued for his freedom, arguing that because he lived in a place where slavery was illegal, he was now a free man.

The Supreme Court's Decision

Chief Justice Roger Taney delivered the opinion of the court, and it was a devastating blow to African American rights. The court ruled on two main points:

  • Black People Were Not Citizens: Taney argued that Black people (whether free or enslaved) were not and could never be citizens of the United States.
  • No Legal Standing: Because they weren't citizens, they had no right to sue in federal court. Taney famously wrote that Black people "had no rights which the white man was bound to respect."

The Impact

The ruling also declared that Congress did not have the power to ban slavery in U.S. territories. This meant that the legal system essentially viewed enslaved people purely as property, protected by the Fifth Amendment (which protects property rights).

Common Mistake to Avoid: Don't assume the Dred Scott case only affected enslaved people. The ruling specifically stated that free Black people were also denied citizenship, stripping rights away from the entire African American community.

Chapter Summary and Key Takeaways

1. Laws as Tools of Control: Slave codes like the Code Noir (1724) and the South Carolina Code (1740) were used to limit movement, education, and religious freedom to prevent resistance.

2. Constitutional Protection: The 1787 Constitution protected slavery through the Three-Fifths Clause (for political power) and the Fugitive Slave Clause (to prevent escapes).

3. The Denial of Humanity: The Dred Scott v. Sandford decision was the ultimate legal rejection of Black humanity, officially stating that African Americans had no rights under the U.S. government.

Ready for the next step? In Chapter 2.8, we will explore how these laws helped create the social construction of "race" and how status was passed down from mother to child.