National Black Law Journal

This paper explores how the Antebellum South’s legal system perpetuated slavery through entrenched societal norms and judicial precedents, contrasting sharply with the principles established in Somerset v. Stewart.

This paper will proceed by examining the various legal perspectives on the necessity of positive law to sustain slavery in the United States used during the Antebellum Period. Section I will explore the legal origins of slavery, highlighting significant court cases in slaveholding states that shaped the institution’s legal framework. Section II will contrast these perspectives with those in non-slaveholding states, which often adhered to the precedent set in Somerset v. Stewart, requiring explicit legal authorization for slavery. Section III will discuss the role of domicile in determining the status of slaves, analyzing cases where the slave owner’s residence influenced the legal standing of enslaved individuals. The conclusion will synthesize these findings, emphasizing the divergent regional interpretations and the critical role of positive law in sustaining or challenging the institution of slavery in Antebellum America.