What, to the law, is the former slave?

This essay examines a subset of Reconstruction-era cases decided in Southern appellate courts that dealt with the legacies of slavery. Drawing on suits that either described emancipation as legal death or considered black civil rights, it argues that judges placed freedpeople into a distinct legal category – the former slave – in order to preserve the antebellum legal status quo. Opinions differentiated free-born citizens from those who acquired rights after emancipation, and marked freedpeople with stains of their previous servitude, which limited their potential for the equal enjoyment of newly acquired civil rights. [ABSTRACT FROM AUTHOR]