Making Race in the Courtroom: The Legal Construction of Three Races in Early New Orleans

262 Pages·2014·1.78 MB·English

by  Kenneth R. Aslakson

Making Race in the Courtroom

Making Race in the Courtroom
The Legal Construction of Three Races in Early New Orleans
Kenneth R. Aslakson
a
NEW YORK UNIVERSITY PRESS
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NEW YORK UNIVERSITY PRESS
New York and London
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© 2014 by New York University
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may have expired or changed since the manuscript was prepared.
Library of Congress Cataloging-in-Publication Data
Aslakson, Kenneth R., author.
Making race in the courtroom : the legal construction of three races in early New Orleans /
Kenneth R. Aslakson.
pages cm Includes bibliographical references and index.
ISBN 978-0-8147-2431-6 (hardback)
1. Free African Americans—Legal status, laws, etc.—Louisiana—History—19th century.
2. Louisiana—History—1803-1865. 3. Louisiana Purchase—Social aspects. I. Title.
KFL411.5.A34A83 2014
342.763’350873—dc23 2014015123
New York University Press books are printed on acid-free paper,
and their binding materials are chosen for strength and durability.
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Contents
Acknowledgments ix
Introduction 1
1. The Gulf and Its City 17
2. A Legal System in Flux 44
3. “We Shall Serve with Fidelity and Zeal” 67
4. Outside the Bonds of Matrimony 98
5. Owning So as Not to Be Owned 127
6. “When the Question Is Slavery or Freedom” 153
Epilogue: From Adele to Plessy 185
Notes 191
Index 241
About the Author 249
>> vii

Acknowledgments
It is my great pleasure to be able to formally recognize and thank the
many people who have not only helped me to write this book but also
made possible my dream life as an academic.
First and foremost I would like to thank my family, without whose
support and encouragement I would never have been able to complete
this project. My mother, a high school English teacher, has read many
versions of the manuscript over the years, correcting my grammar and
helping me to clarify my prose. I consulted with her over and over again
regarding how to best express the ideas and arguments of this book.
From her influence, more than anyone else’s, came my desire to be an
educator and a student. My father was less involved in the writing of the
manuscript but no less important to its completion. He, more than any-
body, provided me the opportunity to pursue the life of the mind. My
two sisters, Elizabeth Aslakson Mathis and Carla Aslakson-Yarnal, have
supported, challenged, and inspired me, in different ways and at dif-
ferent times, throughout my life. Beth, my older sister, has a very logi-
cal mind and has helped me to grapple with some of the more difficult
theoretical concepts challenging me. Carla, two years younger than I,
serves as a model of courage and virtue by living according to the self-
less principles she espouses.
A great many friends and mentors have also made it possible for
me to complete this project. These include influential teachers such as
Carolyn Huff, Diana Jernigan, Weldon Crowley, Leonard Giesecke, Ken
Roberts, Winston Davis, David Sokolow, Michael Tiger, and David Sil-
ver. I am especially grateful to Dr. Jan Dawson, my favorite professor
at Southwestern University. She is the reason I pursued a PhD in his-
tory. These friends also include former classmates Pete Kennedy, Sarah
>> ix