How Cuba burned with the ghosts of British slavery: race,abolition and the Escalera

In the antebellum period, a system of slave trials operated in Virginia that was entirely at odds with the common law practices that governed the trial of most defendants, free and enslaved, throughout the southern states. This article examines the operation and implications of this system in Richmond, Virginia, between 1830 and 1861 and argues that the absence of due process protections for slaves enabled the legal system to better serve the interests of the slaveholding class than in common law jurisdictions. This was particularly significant in Richmond, as urban-industrial conditions made slaveholders extremely dependent on the law to combat slave crime. By the 1850s, however, the conflict between Virginia's slave trial system and Anglo-American common law culture, as well as between slaveholder and nonslaveholder interests, had resulted in adjustments to the system that signalled the start of its decline.