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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.

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🏛️ Slavery and American Law: Foundations of Inequality

📜 Constitutional Underpinnings

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

    • Three-Fifths Compromise (Article I, Section 2): Enslaved people counted as ⅗ of a person for representation and taxation. This boosted the political power of slaveholding states. ⚖️

    • 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. 🏃🏾‍♀️

Key Concept

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

📜 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. 😠

    • Key Features:

      • Denied basic human rights and legal protections. 🚫
      • Prohibited literacy, gatherings, weapon possession, and certain clothing. 📚 🪖 👗
      • Harsh punishments for violations, including whipping, branding, and death. 💀
Quick Fact

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

⚖️ Race-Based Legal Restrictions

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

    • Examples:

      • Limited access to education, skilled trades, and property ownership. 🎓 🛠️ 🏡
      • Prohibited interracial marriages and relationships. 💔
      • Denied the right to testify against white people in court. 🧑🏾‍⚖️
Common Mistake

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

🚫 Free State Discrimination Laws

  • Even in "free" states, Black people faced discrimination and restrictions. 😒

    • Examples:
      • Laws barring free African Americans from entering or settling in the state. 🚪
      • Voting restrictions (e.g., property ownership requirements). 🗳️
      • Prohibitions against testifying against white people in court. 🧑🏾‍⚖️
Quick Fact

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

✊ Slave Code Responses to Resistance

  • Slave codes were not static; they evolved in response to acts of resistance. 💡

    • Example:

      • The Stono Rebellion (1739) led to harsher restrictions in South Carolina, including bans on drumming and assembly. 🥁
      • Increased patrols and surveillance to suppress resistance. 👮🏾
Exam Tip

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

📜 South Carolina's 1740 Slave Code

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

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