The Paradox of American Slavery in Celia's Trial

war with Mexico and compromise of 1850

-1846-8 US fought Mexico -> US wins -> annex Mexican territory -question status of slavery in new western territories -establish new slave and free states -Utah and New Mexico territory open to slavery by popular sovereignty -> voided compromise of 1820 because about 36' 30'' parallel and could be a slave state

Senator David Atchinson and the "Border Ruffians"

-1855 when Celia was awaiting trial -> senator from Missouri urge supporters to go into Kansas and threaten free-soilers -Missourians cross border into Kansas and attack -sentor boasts about the numbers

John Jameson, Nathan Kouns, Isaac Boulware

-3 defense that fought hard for client -slave owners/family with slaves -> economic investment in slavery -> why help?

free-soilers and the New England Emigrant Aid Society

-as soon as KN Act passed, New Englanders leave to settle in Kansas and vote for a free Kansas -NEEAS fund anti-slavery settlers (free-soilers) -abolitionists in NY follow

Violence in Missouri and "Bleeding Kansas"

-border ruffians attack churches -take a lawyer -> dress up as slave and imitate marketplace -both sides arm themselves -> mini civil war between pro and anti slavery -new republican party that elects lincoln

Newsom family's decision: execute Celia themselves or turn her over to the court?

-family files complaint -> warrant -> inquest -> indictment for first degree murder -POV of family: Celia = 19 year old who killed and burned father and enlisted grandson to help -legal display = chose to treat as person (not out of respect but not treating as property) -> person in eyes of law -demonstrate during time of radicalism that slavery was not despotic institution -> slavery operated w/in law

hearsay and the legal prohibition against slaves' testifying against whites, successful suppression of Celia's reasons for attacking Newsom

-hearsay typically not allowed as evidence because defendant can usually testify -> sometimes permitted when person who made statement is unavailable -> Celia unavailable but court did not make and exception

paradox: the slave as property/the slave as person

-law treated slaves as property but slaves are treated as persons by being held accountable for breaking the law -defense treated as person -prosecution treated as property

commitment to law but not justice in Celia's trial

-no doubt she would be convicted and killed -jury = all white men

legal prohibition against slave testimony

-no slave can testify against wife -slave permitted to testify against black but not white -Celia can not take stand and give reasoning/motive

Why did the defense try so hard to have Celia acquitted?

-sympathy -> Celia victimized -> worst evils of slavery -persuaded by abolitionists -white men trying to show up institution -> slavery is a lawful institution but rape is evil

Celia had no legal right to physical autonomy or self-ownership

-under Missouri law, no slave has legal right over body -> master owns body -concept of rape of slave does not make sense when master = rapist

4 arguments for Celia's defense

all prosecution arguments = hearsay -> celia voiceless 1. self-defense against rape: prolonged sexual abuse 2. unintentional (manslaughter): didn't mean to kill, only hurt 3. she couldn't have don't it alone: sick and pregnant -> trying to plant doubt in mind of jury 4. self-defense against murder: hit to defend against murder when Newsom put his hands up

Kansas-Nebraska Act of 1854: "popular sovereignty"

created Nebraska and Kansas as territories & gave the ppl in those territories the right to chose to be either a free or slave state through popular sovereignty; repealed Missouri Compromise

instructions to the Missouri statutes of 1845

defense knowledge of Missouri law -> it's a felony to take any women to force to defile -> treating Celia as person, "any" -> anyone has right to protect against defilement -> legal right to defend with force

Celia innocent until proven guilty?

not in place because Celia confessed to murder

Circuit Attorney R. G Prewitt

prosecutor in Celia's trial

proslavery Missourians and the fear of free Kansas

proslavery Missourians worry that a free Kansas would undermine Missouri slavery