In the South, Prior to the Civil War, What Was the Status of a Slave?

[philibert63]

Was the slave considered to be real estate (in which case the owner's widow might have a right of dower) or was the slave considered personal property? Were the states uniform on this subject? If anyone can point me to helpful links, it would be greatly appreciated.

[lathrop]

Was the slave considered to be real estate (in which case the owner's widow might have a right of dower) or was the slave considered personal property? Were the states uniform on this subject? If anyone can point me to helpful links, it would be greatly appreciated.

Slaves were considered personal property as decided by the U.S. Supreme Court in Dred Scott v. Sandford. The Supreme Court decided 7-2 against Scott, finding that neither he nor any other person of African ancestry could claim citizenship in the United States, and therefore Scott could not bring suit in federal court under diversity of citizenship rules. Moreover, Scott's temporary residence outside Missouri did not bring about his emancipation under the Missouri Compromise, which the court ruled unconstitutional as it would improperly deprive Scott's owner of his legal property.