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Slavery and American Law: Slave Codes and Landmark Cases

Maya Hall

Maya Hall

10 min read

Study Guide Overview

This study guide covers Slavery and American Law, focusing on the Constitution (Three-Fifths Compromise, Fugitive Slave Clause), Slave Codes (variations, key features, responses to resistance), race-based legal restrictions in free and slave states, and the Dred Scott decision. It analyzes required sources like the Louisiana and South Carolina Slave Codes, Articles I and IV of the Constitution, and the Dred Scott case. The guide also provides exam tips, common question types, and practice questions covering these topics.

AP African American Studies: The Night Before Review ๐Ÿš€

Hey! Let's get you feeling super confident for tomorrow. We're going to break down the key stuff, make it easy to remember, and tackle those tricky questions. No stress, just focused review. Let's do this! ๐Ÿ’ช

๐Ÿ›๏ธ Slavery and American Law: Foundations of Inequality

๐Ÿ“œ Constitutional Underpinnings

  • The U.S. Constitution, while not explicitly using the words "slave" or "slavery," contained provisions that protected and perpetuated the institution. ๐Ÿคฏ

    • Three-Fifths Compromise (Article I, Section 2): Enslaved people counted as โ…— of a person for representation and taxation. This boosted the political power of slaveholding states. โš–๏ธ

    • Fugitive Slave Clause (Article IV, Section 2): Required states to return escaped enslaved people to their enslavers, even if they fled to a free state. This made the entire nation complicit in slavery. ๐Ÿƒ๐Ÿพโ€โ™€๏ธ

Key Concept

These clauses show how slavery was embedded in the nation's foundation, even as some framers tried to avoid explicit mention.

๐Ÿ“œ Slave Codes in the Americas

  • Slave codes were sets of laws that defined enslaved people as property, not human beings. They were designed to control and oppress. ๐Ÿ˜ 

    • Key Features:

      • Denied basic human rights and legal protections. ๐Ÿšซ
      • Prohibited literacy, gatherings, weapon possession, and certain clothing. ๐Ÿ“š ๐Ÿช– ๐Ÿ‘—
      • Harsh punishments for violations, including whipping, branding, and death. ๐Ÿ’€
Quick Fact

Variations existed across the Americas (e.g., Code Noir in French colonies, Cรณdigo Negro in Spanish colonies), but all aimed to maintain white supremacy.

  • Laws and codes created a racial hierarchy, granting privileges to white people while denying them to Black individuals. ๐Ÿ˜ 

    • Examples:

      • Limited access to education, skilled trades, and property ownership. ๐ŸŽ“ ๐Ÿ› ๏ธ ๐Ÿก
      • Prohibited interracial marriages and relationships. ๐Ÿ’”
      • Denied the right to testify against white people in court. ๐Ÿง‘๐Ÿพโ€โš–๏ธ
Common Mistake

Don't forget that these restrictions were designed to limit upward mobility and maintain control.

๐Ÿšซ Free State Discrimination Laws

  • Even in "free" states, Black people faced discrimination and restrictions. ๐Ÿ˜’

    • Examples:
      • Laws barring free African Americans from entering or settling in the state. ๐Ÿšช
      • Voting restrictions (e.g., property ownership requirements). ๐Ÿ—ณ๏ธ
      • Prohibitions against testifying against white people in court. ๐Ÿง‘๐Ÿพโ€โš–๏ธ
Quick Fact

Only Wisconsin and Iowa granted Black men the right to vote before the 15th Amendment.

โœŠ Slave Code Responses to Resistance

  • Slave codes were not static; they evolved in response to acts of resistance. ๐Ÿ’ก

    • Example:

      • The Stono Rebellion (1739) led to harsher restrictions in South Carolina, including bans on drumming and assembly. ๐Ÿฅ
      • Increased patrols and surveillance to suppress resistance. ๐Ÿ‘ฎ๐Ÿพ
Exam Tip

Remember that resistance was a constant factor in shaping slave laws.

๐Ÿ“œ South Carolina's 1740 Slave Code

  • A particularly harsh example of slave codes, demonstrating the extent of control enslavers sought. ๐Ÿ˜ 

    • Key Features:
      • Prohibited literacy to prevent self-empowerment. ๐Ÿ“š
      • Banned gatherings to prevent communication and organization. ๐Ÿ—ฃ๏ธ
      • Outlawed weapon possession to prevent self-defense. โš”๏ธ
      • Condemned enslaved people to death for defending themselves. ๐Ÿ’€
  • The Dred Scott v. Sandford Supreme Court decision (1857) was a major blow to the fight for Black equality. ๐Ÿ’”

    • Key Points:

      • Ruled that African Americans were not and could never be U.S. citizens. ๐Ÿšซ
      • Codified the legal status of African Americans as inferior. ๐Ÿ‘Ž๐Ÿพ
      • Invalidated the Missouri Compromise, opening new territories to slavery. ๐Ÿ—บ๏ธ
    • This case is HUGE! Understand its impact on citizenship and the expansion of slavery.

๐Ÿ“œ Required Sources: Diving Deeper

๐Ÿ“œ Louisiana Slave Code (Code Noir), 1724

Louisiana Slave Code

  • A key document showing the legal framework of slavery in French colonial Louisiana. ๐Ÿ“œ

    • Key Articles:

      • I: Expulsion of Jews. ๐Ÿ•
      • II: Masters must provide religious instruction (Catholic). โœ๏ธ
      • III: Only Roman Catholic worship is permitted. โ›ช
      • V: Strict observance of Sundays and holidays. ๐Ÿ—“๏ธ
      • VI: Forbids interracial marriage and concubinage. ๐Ÿ’”
      • VII: Marriage rules for slaves (master's consent required). ๐Ÿ’
      • IX: Children follow the condition of their mother. ๐Ÿ‘ถ๐Ÿพ
      • X: Children of a free mother are free, regardless of father's status. ๐Ÿ‘ฉ๐Ÿพโ€๐Ÿผ
Quick Fact

This code demonstrates how religion was used to justify and control slavery.

๐Ÿ“œ South Carolina Slave Code, 1740

South Carolina Slave Code

  • A comprehensive set of laws that stripped enslaved Africans of basic human rights. ๐Ÿ˜ 

    • Key Provisions:

      • [1a]: Defines slaves as property. ๐Ÿ˜๏ธ
      • [1b]: Burden of proof for freedom on the plaintiff. ๐Ÿง‘๐Ÿพโ€โš–๏ธ
      • [3]: Requires written permission to travel. ๐Ÿ“
      • [5]: Allows white people to punish slaves found outside their residence. ๐Ÿ˜ 
      • [9]: Trial process for slaves accused of crimes. ๐Ÿง‘๐Ÿพโ€โš–๏ธ
      • [16]: Lists felonies for slaves (e.g., arson, theft of slaves). ๐Ÿ”ฅ
      • [17]: Homicide of a white person and slave insurrection are capital offenses. ๐Ÿ’€
      • [33]: Prohibits slaves from working independently for pay. ๐Ÿ’ฐ
      • [36]: Restricts slave gatherings. ๐Ÿ—ฃ๏ธ
      • [37]: Sets fines for cruelty, but allows beatings. ๐Ÿชข
      • [44]: Limits work hours. โฐ
      • [45]: Prohibits teaching slaves to write. โœ๐Ÿพ
Key Concept

Notice the emphasis on controlling every aspect of enslaved people's lives.

๐Ÿ“œ Article I, Section 2 of the U.S. Constitution, 1787

Article I, Section 2

  • The Three-Fifths Compromise is a key example of how slavery was embedded in the Constitution. ๐Ÿ›๏ธ

    • Key Provisions:

      • Establishes the House of Representatives. ๐Ÿ›๏ธ
      • Sets qualifications for representatives. ๐Ÿง‘๐Ÿพโ€๐Ÿ’ผ
      • Determines representation based on population (including the โ…— compromise). โš–๏ธ
      • Gives the House the power of impeachment. ๐Ÿ›๏ธ
Memory Aid

Remember: 3/5ths Compromise = โ…— of a person for representation and taxation, which is a clear example of dehumanization.

๐Ÿ“œ Article IV, Section 2 of the U.S. Constitution, 1787

Article IV, Section 2

  • The Fugitive Slave Clause strengthened the institution of slavery by ensuring slaveholders' property rights were protected across state lines. ๐Ÿƒ๐Ÿพโ€โ™€๏ธ

    • Key Clauses:

      • Privileges and Immunities Clause: Citizens of each state are entitled to the same rights in other states. ๐Ÿค
      • Interstate Extradition Clause: Requires the return of criminals to the state where they committed the crime. ๐Ÿ‘ฎ๐Ÿพ
      • Fugitive Slave Clause: Requires the return of escaped slaves. ๐Ÿƒ๐Ÿพโ€โ™€๏ธ
    • The Fugitive Slave Clause is crucial for understanding the national reach of slavery.

๐Ÿ“œ Dred Scott v. Sandford, 1857

Dred Scott

  • A landmark Supreme Court decision that denied citizenship to African Americans and further entrenched racial inequality. ๐Ÿ’”

    • Key Points from Chief Justice Taney's Opinion:

      • African Americans are not and can never be U.S. citizens. ๐Ÿšซ
      • The Constitution recognizes slaves as property. ๐Ÿ˜๏ธ
      • Congress cannot prohibit slavery in federal territories. ๐Ÿ—บ๏ธ
Common Mistake

Don't forget that this decision invalidated the Missouri Compromise and intensified sectional tensions.

๐ŸŽฏ Final Exam Focus

๐Ÿ”‘ High-Priority Topics

  • Constitutional Provisions: Three-Fifths Compromise, Fugitive Slave Clause.
  • Slave Codes: Their purpose, key features, and variations across the Americas.
  • Dred Scott Decision: Its impact on citizenship and the expansion of slavery.
  • Resistance: How slave codes evolved in response to acts of resistance.

๐Ÿ“ Common Question Types

  • Multiple Choice Questions: Expect questions that test your understanding of specific laws, court cases, and their impact.
  • Short Answer Questions: Be prepared to analyze primary source documents (like the slave codes) and explain their significance.
  • Free Response Questions: You may be asked to compare and contrast different legal systems, analyze the impact of specific court decisions, or discuss the evolution of slave codes over time.

โฐ Time Management Tips

  • Read Carefully: Don't rush through the questions or primary sources. Take your time to understand what's being asked.
  • Plan Your Essays: Before you start writing, outline your main points to ensure a clear and organized response.
  • Manage Time: Keep an eye on the clock and don't spend too much time on any one question.

๐Ÿšซ Common Pitfalls

  • Overgeneralization: Avoid making broad statements without specific evidence.
  • Misinterpreting Sources: Make sure you understand the context and meaning of primary source documents.
  • Ignoring Nuance: Recognize the complexities and contradictions inherent in the legal history of slavery.

โœ… Exam Strategies

  • Connect the Dots: Look for connections between different units and concepts. AP questions often combine multiple topics.
  • Use Evidence: Always support your answers with specific examples and evidence from the sources.
  • Be Clear and Concise: Write clearly and avoid unnecessary jargon. Get straight to the point.

Practice Question

Practice Questions

Multiple Choice Questions

  1. Which of the following best describes the purpose of the Fugitive Slave Clause in the U.S. Constitution? (A) To grant citizenship to formerly enslaved people (B) To require states to return escaped enslaved people to their enslavers (C) To prohibit slavery in new territories (D) To establish a legal process for manumission

  2. The Dred Scott v. Sandford Supreme Court decision (1857) is significant because it: (A) Upheld the Missouri Compromise (B) Granted citizenship to all African Americans (C) Ruled that African Americans were not and could never be U.S. citizens (D) Declared slavery unconstitutional

  3. According to the Louisiana Slave Code of 1724, what was the primary religious requirement for slaveholders? (A) To allow slaves to practice their traditional African religions (B) To provide slaves with religious instruction in the Roman Catholic faith (C) To ensure slaves were not exposed to any form of religious teaching (D) To permit slaves to choose their own religion

Short Answer Question

Analyze how the South Carolina Slave Code of 1740 sought to control enslaved people's lives. Provide specific examples from the code to support your answer.

Free Response Question

Compare and contrast the legal status of enslaved people and free African Americans in the antebellum United States. How did laws and court decisions contribute to the racial hierarchy of the time? Use specific examples from the required sources to support your analysis.

FRQ Scoring Breakdown:

  • Thesis (1 point): A clear and defensible thesis statement that addresses the prompt.
  • Evidence (4 points): At least 4 pieces of specific evidence from the required sources that support your thesis. (e.g., specific articles from the slave codes, clauses from the Constitution, details from the Dred Scott decision)
  • Analysis (4 points): Analysis of the evidence that explains how the laws and court decisions contributed to the racial hierarchy. (e.g., explaining how the Three-Fifths Compromise dehumanized enslaved people, how the Fugitive Slave Clause reinforced slavery, how the Dred Scott decision denied citizenship to African Americans)
  • Complexity (1 point): Demonstrates a nuanced understanding of the complexities of the legal history of slavery. (e.g., acknowledging the contradictions within the Constitution, recognizing the diverse experiences of enslaved and free Black people, exploring the impact of resistance on the evolution of slave codes)

Okay, you've got this! Take a deep breath, trust your preparation, and go ace that exam! You're awesome! ๐ŸŽ‰

Question 1 of 10

Which constitutional provision directly impacted the representation of slaveholding states in the U.S. Congress? ๐Ÿ›๏ธ

The Fugitive Slave Clause

The Three-Fifths Compromise

The Commerce Clause

The Supremacy Clause