Judicial Interpretations of Emancipation: Comparative Analysis of Antebellum Court Decisions in the Slaveholding States

Authors

Evan Matthew Gelobter, J.D., Southern University Law Center.

First & Last Page

86-148

Abstract

This article examines judicial interpretations of emancipation laws in the antebellum South, focusing on Alabama, Mississippi, Georgia, South Carolina, and North Carolina. It investigates how courts enforced and occasionally challenged legislative restrictions on manumission, revealing the judiciary’s dual role in both preserving and, in rare cases, moderating the institution of slavery. Through a comparative analysis of landmark cases, the study highlights the tension between statutory mandates and judicial discretion, illustrating how legal frameworks reinforced racial hierarchies while occasionally permitting emancipation under narrowly defined circumstances, such as relocation to free states or foreign territories. The article demonstrates that courts consistently prioritized property rights and legislative authority over individual claims to freedom, reflecting broader social and economic imperatives. By exploring these judicial decisions, this analysis sheds light on the legal complexities of slavery, offering insights into the intersection of law, race, and power in antebellum America.

Recommended Citation

Evan M. Gelobter, J.D., Judicial Interpretations of Emancipation: Comparative Analysis of Antebellum Court Decisions in the Slaveholding States, 12 Lincoln Mem’l U. L. Rev. (2025).
Available at: https://digitalcommons.lmunet.edu/lmulrev/vol12/iss2/5