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THE ALABAMA SUPREME COURT ON SLAVES
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"THE ALABAMA SUPREME COURT ON SLAVES
Dwayne Cox
Between
statehood and the end of the Civil War, the Alabama Supreme Court rendered
numerous decisions on slavery. Most of them pertained to slaves as property,
for property they were. Nevertheless, the law recognized slaves as persons
under some circumstances, most notably when they were victims or perpetrators
of crimes. These notes on decisions, arranged in topical order, reflect
the variety of legal issues regarding slaves. They do not necessarily represent
the norm of slavery, but rather what the court thought the norm should
be. Of course, the original cases appeared in the Alabama Reports
and may be located there. This is
not an exhaustive bibliography, but it does include most of the cases found
in the Alabama Digest . For
a more exhaustive list of cases, see Helen T. Catterall, Judicial Cases
Concerning American Slavery , vol. III (Washington, 1926-1937), pp.
126-282.
Jump Station to Topics
Who were Slaves?
Rights and Powers of Ownership
Transfers of Slaves
Hiring of Slaves
Fugitive Slaves
Regulation of Slaves
Rights of Property of Slaves
Contracts by Slaves
Torts by Slaves
Crimes by Slaves
Offenses against Slaves
Manumission
Who Were Slaves?
A resident of Delaware bequeathed freedom to a slave named Phillis,
provided she remained in bondage until age thirty-one. She went to Tennessee
during the period of her servitude and there gave birth to a child. Under
the laws of Tennessee, the child would become free when the mother became
free. Before that happened, however, the boy was sold and taken into Alabama.
Judge Ormond honored the law of Tennessee, but noted that in Alabama the
child would have remained a slave. Sidney v White , 12 Alabama 728
(1848).
Milly Walker was held as a slave but claimed to be free. The court ruled
that she "
....
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