Article by Judith Kelleher Schafer
One time that a slave could definitely count on being considered a person rather than property under Louisiana law was when he committed a crime. Ironically, this affirmation of the bondsman's humanity placed him in jeopardy; if he were a person, he could be tried, convicted, and punished for his actions. Ironically, too, he was considered not only equal to whites in the punishment for crime but even more responsible for his offenses. More of his actions were defined as crimes under the law and his punishment was often more severe. Disgruntled owners of convicted slaves could and did appeal to the Louisiana Supreme Court for redress or reimbursement, but usually without success. In Louisiana, unlike its southern counterparts, the state supreme court was firmly bound by the unique legal heritage of the state, its singular system of laws, and stringent state constitutional restrictions that limited the powers of the court. These exceptional features prevented antebellum Louisiana's criminal jurisprudence from falling into the typical pattern of southern appellate court justice for slaves.
About the Author
Judith Kelleher Schafer. Murphy Institute, Tulane University.
Citation
60 Tul. L. Rev. 1247 (1986)