Sally Miller
Encyclopedia
Sally Miller, born Salomé Müller (b. c. 1814 - ), was an American
slave
whose freedom suit in Louisiana was based on her claimed status as a free German
immigrant and indentured servant
. The case attracted wide attention and publicity because of the issue of "white" slavery. In Sally Miller v. Louis Belmonti (1845 La), the Louisiana Supreme Court
ruled in her favor, and she gained freedom.
Despite the doctrine of partus sequitur ventrum
incorporated into state law, by which children followed the legal status of their mother at the time of birth, Miller was not successful in her attempt to gain freedom from slavery for her three surviving children. In a case settled in her favor by the judge, she won a case in which her former master John Fitz Miller tried to clear his name by proving that she was part-black and had been born into slavery in Miller v. Miller (1849 La). His appeal to the State Supreme Court was dismissed. Her identity remains controversial.
, the wars of Napoleon, and other economic and social problems. Among the flood of refugees to Louisiana in 1818 were several families from Langensoultzbach
in Alsace
, on the lower Rhine, including Daniel Müller, a shoemaker; his wife Dorothea, two sons, and their daughters Dorothea and Salomé. To fund their passage, Müller signed a "redemption" or indenture
agreement, bartering the labor of him and his family for several years. His wife and infant son died on the voyage. (Although this part of Alsace was then within French territory, and has been again since World War II
, it was near the German border and had many ethnic German residents such as the Müllers, who spoke a German dialect.)
In March 1818, the surviving Müllers arrived in New Orleans. Their indenture contracts were reportedly sold to John Fitz Miller of Attakapas Parish (now St. Martin Parish
), who had a sugar cane plantation. A few weeks after the family were taken to the Miller plantation
, his friends and relatives in New Orleans learned that Daniel Müller and his older son Jacob, age 10, had died of fever; they were not able to discover what had happened to the two young girls: Dorothea, age 8, and Salomé, age 4, nor were they able to locate them.
In 1843, the Müllers' friend and fellow immigrant Madame Karl Rouff was served by an enslaved woman at a cafe in New Orleans. She came to think that the woman must be Salomé Müller from her home village, grown to adulthood. Held as the legal property of Louis Belmonti (also spelled Belmonte or Belmont in historic accounts), the woman was known as Mary Miller. Mme Carl took Miller to the home of Salomé Müller's cousin and godmother
Eva Schuber and her husband Francis, who also identified her as Salomé.
They began an extended legal struggle to have Mary (later called Sally) Miller recognized as a native European and free woman. Miller also tried to free her children. She had four children: Lafayette (who died about 1839), Madison, Charles and Adeline.
In the case, Upton charged the planter John F. Miller with having reduced the indentured servant to slavery upon the death of her father and older brother. Fitz Miller resented the accusation and used his considerable power and influence to prevent Sally Miller's gaining freedom. He contended he had purchased her as a slave.
Much conflicting evidence was introduced during the trial. Arguments on both sides during the trial reflected racial mythology of the time. For example, Upton argued that she could not be a quartronne (1/16 Negro) because "the Quartronne is idle, reckless and extravagant, this woman is industrious, careful and prudent."
Miller's obvious European ancestry was no guarantee of her free status. By this time many mixed-race children fathered by European males had been born into generations of slavery. In Louisiana, for instance, early French colonists had often taken slave women as mistresses or common-law wives. Under the legal doctrine of partus sequitur ventrum
(literally "the child follows the womb", also known as partus), the children were held as born into slavery, because their mothers were slaves. This principle had been incorporated into colonial and state laws since the 17th century.
In New Orleans and other French-dominated cities, numerous mixed-race women and their children in had achieved freedom or social status through the system of plaçage
, which had become institutionalized among the ethnic French and Spanish colonists. New Orleans had a high proportion of free people of color
, who intermarried with each other as a class. Their numbers had increased in the early nineteenth century with the arrival of thousands of refugee free people of color
fleeing the disruption of revolution in Haiti
. Now known as Louisiana Creoles
, the mixed-race residents then constituted a separate class between the European-Americans and the large majority of mostly black slaves.
The Fifth District Court ruled against Sally Miller, but the following year in 1845, the State Supreme Court ruled in her favor. Its ruling in Miller v. Belmonti (1845) included this statement:
movement was considered a growing threat to the Southern economy and culture.
In 1846 the Louisiana State Constitutional Convention abolished the Louisiana Supreme Court. Historians believe this was in retaliation for Chief Justice Martin's ruling in the Sally Miller case. When the Commission re-established a state Supreme Court the following day, it did not reappoint Chief Justice Francois Xavier Martin
or any of his five colleagues to the bench.
After gaining her freedom, Miller petitioned to have her mixed-race children freed based on their having been born to a woman who was legally free. John F. Miller and his supporters continued to dispute her claim as a native European. At a new trial, known as Miller v. Miller (1849 La), John Miller and his team produced new witness testimony and additional documentation to try to prove that Sally Miller was part-black and legally born into slavery. The planter was trying to salvage his reputation, but he lost by the judge's decision in the Fifth District Court in 1848, who supported the original State Supreme Court ruling. The jury had reported it was unable to reach a decision (11 were in favor of Sally Miller and one was opposed), and the attorneys decided to go to the judge. John Miller's appeal to the State Supreme Court dismissed in 1849. Sally Miller was unable to gain freedom for her three children, however. She was reported in the 1850s to have gone to California.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
slave
Slavery
Slavery is a system under which people are treated as property to be bought and sold, and are forced to work. Slaves can be held against their will from the time of their capture, purchase or birth, and deprived of the right to leave, to refuse to work, or to demand compensation...
whose freedom suit in Louisiana was based on her claimed status as a free German
Germans
The Germans are a Germanic ethnic group native to Central Europe. The English term Germans has referred to the German-speaking population of the Holy Roman Empire since the Late Middle Ages....
immigrant and indentured servant
Indentured servant
Indentured servitude refers to the historical practice of contracting to work for a fixed period of time, typically three to seven years, in exchange for transportation, food, clothing, lodging and other necessities during the term of indenture. Usually the father made the arrangements and signed...
. The case attracted wide attention and publicity because of the issue of "white" slavery. In Sally Miller v. Louis Belmonti (1845 La), the Louisiana Supreme Court
Louisiana Supreme Court
The Supreme Court of Louisiana is the highest court and court of last resort in the U.S. state of Louisiana. The modern Supreme Court, composed of seven justices, meets in the French Quarter of New Orleans....
ruled in her favor, and she gained freedom.
Despite the doctrine of partus sequitur ventrum
Partus sequitur ventrum
Partus sequitur ventrem, often abbreviated to partus, in the British North American colonies and later in the United States, was a legal doctrine which the English colonists incorporated in legislation related to definitions of slavery. It was derived from the Roman civil law; it held that the...
incorporated into state law, by which children followed the legal status of their mother at the time of birth, Miller was not successful in her attempt to gain freedom from slavery for her three surviving children. In a case settled in her favor by the judge, she won a case in which her former master John Fitz Miller tried to clear his name by proving that she was part-black and had been born into slavery in Miller v. Miller (1849 La). His appeal to the State Supreme Court was dismissed. Her identity remains controversial.
Background
Beginning in 1816, many impoverished Europeans immigrated to the United States as refugees from the crop failures of the Year Without a SummerYear Without a Summer
The Year Without a Summer was 1816, in which severe summer climate abnormalities caused average global temperatures to decrease by about 0.4–0.7 °C , resulting in major food shortages across the Northern Hemisphere...
, the wars of Napoleon, and other economic and social problems. Among the flood of refugees to Louisiana in 1818 were several families from Langensoultzbach
Langensoultzbach
Langensoultzbach is a commune in the Bas-Rhin department in Alsace in north-eastern France.The commune is part of the Réserve de Biosphère Transfrontalière des Vosges du Nord-Pfälzerwald.-Geography:...
in Alsace
Alsace
Alsace is the fifth-smallest of the 27 regions of France in land area , and the smallest in metropolitan France. It is also the seventh-most densely populated region in France and third most densely populated region in metropolitan France, with ca. 220 inhabitants per km²...
, on the lower Rhine, including Daniel Müller, a shoemaker; his wife Dorothea, two sons, and their daughters Dorothea and Salomé. To fund their passage, Müller signed a "redemption" or indenture
Indenture
An indenture is a legal contract reflecting a debt or purchase obligation, specifically referring to two types of practices: in historical usage, an indentured servant status, and in modern usage, an instrument used for commercial debt or real estate transaction.-Historical usage:An indenture is a...
agreement, bartering the labor of him and his family for several years. His wife and infant son died on the voyage. (Although this part of Alsace was then within French territory, and has been again since World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, it was near the German border and had many ethnic German residents such as the Müllers, who spoke a German dialect.)
In March 1818, the surviving Müllers arrived in New Orleans. Their indenture contracts were reportedly sold to John Fitz Miller of Attakapas Parish (now St. Martin Parish
St. Martin Parish, Louisiana
St. Martin Parish is a parish located in the U.S. state of Louisiana. The parish seat is St. Martinville. As of the 2000 census, the population was 48,583.St...
), who had a sugar cane plantation. A few weeks after the family were taken to the Miller plantation
Plantation
A plantation is a long artificially established forest, farm or estate, where crops are grown for sale, often in distant markets rather than for local on-site consumption...
, his friends and relatives in New Orleans learned that Daniel Müller and his older son Jacob, age 10, had died of fever; they were not able to discover what had happened to the two young girls: Dorothea, age 8, and Salomé, age 4, nor were they able to locate them.
In 1843, the Müllers' friend and fellow immigrant Madame Karl Rouff was served by an enslaved woman at a cafe in New Orleans. She came to think that the woman must be Salomé Müller from her home village, grown to adulthood. Held as the legal property of Louis Belmonti (also spelled Belmonte or Belmont in historic accounts), the woman was known as Mary Miller. Mme Carl took Miller to the home of Salomé Müller's cousin and godmother
Godparent
A godparent, in many denominations of Christianity, is someone who sponsors a child's baptism. A male godparent is a godfather, and a female godparent is a godmother...
Eva Schuber and her husband Francis, who also identified her as Salomé.
They began an extended legal struggle to have Mary (later called Sally) Miller recognized as a native European and free woman. Miller also tried to free her children. She had four children: Lafayette (who died about 1839), Madison, Charles and Adeline.
Freedom suit
Miller's German supporters hired Harvard-educated Wheelock Samuel Upton as lawyer; he filed the case as Sally Miller v. Louis Belmonti and John Miller (called in warranty) (1844 La) (later referred to as Miller v. Belmonti (1844) on July 24, 1844 in the First District Court of Louisiana. He sued not only Belmonti but also John Fitz Miller, the planter who originally held Sally Miller. Belmonti was soon dropped from the case, as he was believed to have purchased the slave woman in 1838 in good faith, according to existing laws.In the case, Upton charged the planter John F. Miller with having reduced the indentured servant to slavery upon the death of her father and older brother. Fitz Miller resented the accusation and used his considerable power and influence to prevent Sally Miller's gaining freedom. He contended he had purchased her as a slave.
Much conflicting evidence was introduced during the trial. Arguments on both sides during the trial reflected racial mythology of the time. For example, Upton argued that she could not be a quartronne (1/16 Negro) because "the Quartronne is idle, reckless and extravagant, this woman is industrious, careful and prudent."
Miller's obvious European ancestry was no guarantee of her free status. By this time many mixed-race children fathered by European males had been born into generations of slavery. In Louisiana, for instance, early French colonists had often taken slave women as mistresses or common-law wives. Under the legal doctrine of partus sequitur ventrum
Partus sequitur ventrum
Partus sequitur ventrem, often abbreviated to partus, in the British North American colonies and later in the United States, was a legal doctrine which the English colonists incorporated in legislation related to definitions of slavery. It was derived from the Roman civil law; it held that the...
(literally "the child follows the womb", also known as partus), the children were held as born into slavery, because their mothers were slaves. This principle had been incorporated into colonial and state laws since the 17th century.
In New Orleans and other French-dominated cities, numerous mixed-race women and their children in had achieved freedom or social status through the system of plaçage
Plaçage
Plaçage was a recognized extralegal system in which white French and Spanish and later Creole men entered into the equivalent of common-law marriages with women of African, Indian and white Creole descent. The term comes from the French placer meaning "to place with"...
, which had become institutionalized among the ethnic French and Spanish colonists. New Orleans had a high proportion of free people of color
Free people of color
A free person of color in the context of the history of slavery in the Americas, is a person of full or partial African descent who was not enslaved...
, who intermarried with each other as a class. Their numbers had increased in the early nineteenth century with the arrival of thousands of refugee free people of color
Free people of color
A free person of color in the context of the history of slavery in the Americas, is a person of full or partial African descent who was not enslaved...
fleeing the disruption of revolution in Haiti
Haiti
Haiti , officially the Republic of Haiti , is a Caribbean country. It occupies the western, smaller portion of the island of Hispaniola, in the Greater Antillean archipelago, which it shares with the Dominican Republic. Ayiti was the indigenous Taíno or Amerindian name for the island...
. Now known as Louisiana Creoles
Louisiana Creole people
Louisiana Creole people refers to those who are descended from the colonial settlers in Louisiana, especially those of French and Spanish descent. The term was first used during colonial times by the settlers to refer to those who were born in the colony, as opposed to those born in the Old World...
, the mixed-race residents then constituted a separate class between the European-Americans and the large majority of mostly black slaves.
The Fifth District Court ruled against Sally Miller, but the following year in 1845, the State Supreme Court ruled in her favor. Its ruling in Miller v. Belmonti (1845) included this statement:
"That on the law of slavery in the case of a person visibly appearing to be a white man, or an Indian, the presumption is he is free, and it is necessary for his adversity to show that he is a slave."
Aftermath
The Supreme Court's 1845 decision was unpopular in Louisiana, where there were many slaves of mixed race. The case highlighted the extensive interracial relationships that resulted in "white" slaves. The Court's ruling was also unpopular across the South, where the abolitionAbolitionism
Abolitionism is a movement to end slavery.In western Europe and the Americas abolitionism was a movement to end the slave trade and set slaves free. At the behest of Dominican priest Bartolomé de las Casas who was shocked at the treatment of natives in the New World, Spain enacted the first...
movement was considered a growing threat to the Southern economy and culture.
In 1846 the Louisiana State Constitutional Convention abolished the Louisiana Supreme Court. Historians believe this was in retaliation for Chief Justice Martin's ruling in the Sally Miller case. When the Commission re-established a state Supreme Court the following day, it did not reappoint Chief Justice Francois Xavier Martin
Francois Xavier Martin
François Xavier Martin , was an American jurist and author, the first Attorney General of State of Louisiana, and longtime Justice of the Louisiana Supreme Court. Born in France, he immigrated to North Carolina before the American Revolutionary War...
or any of his five colleagues to the bench.
After gaining her freedom, Miller petitioned to have her mixed-race children freed based on their having been born to a woman who was legally free. John F. Miller and his supporters continued to dispute her claim as a native European. At a new trial, known as Miller v. Miller (1849 La), John Miller and his team produced new witness testimony and additional documentation to try to prove that Sally Miller was part-black and legally born into slavery. The planter was trying to salvage his reputation, but he lost by the judge's decision in the Fifth District Court in 1848, who supported the original State Supreme Court ruling. The jury had reported it was unable to reach a decision (11 were in favor of Sally Miller and one was opposed), and the attorneys decided to go to the judge. John Miller's appeal to the State Supreme Court dismissed in 1849. Sally Miller was unable to gain freedom for her three children, however. She was reported in the 1850s to have gone to California.
The abolitionist Parker PillsburyParker PillsburyParker Pillsbury was an American minister and advocate for abolition and women's rights.Pillsbury was born in Hamilton, Massachusetts...
wrote in 1853 to his colleague William Lloyd GarrisonWilliam Lloyd GarrisonWilliam Lloyd Garrison was a prominent American abolitionist, journalist, and social reformer. He is best known as the editor of the abolitionist newspaper The Liberator, and as one of the founders of the American Anti-Slavery Society, he promoted "immediate emancipation" of slaves in the United...
: "A white skin is no security whatsoever. I should no more dare to send white children out to play alone, especially at night... than I should dare send them into a forest of tigers and hyenas." (published in The National Anti-Slavery Standard, November 12, 1853)
In popular culture
- William and Ellen Craft, slaves who had successfully escaped to the North in 1848 and to England in 1850, included a long quote from the Law Reporter about the Sally Miller case in their 1860 book, Running a Thousand Miles for Freedom: The Escape of William and Ellen Craft from Slavery, which was widely distributed in the US as well.
- A version of the Sally Miller story by George Washington CableGeorge Washington CableGeorge Washington Cable was an American novelist notable for the realism of his portrayals of Creole life in his native Louisiana. His fiction has been thought to anticipate that of William Faulkner.- Biography:...
was first published in a magazine in 1889. He included it in his collected Strange True Stories of Louisiana (1890). Critics contend that his account is not reliable as history, as his intent was to entertain, rather than to convey the legal and evidentiary aspects of the case. - John Bailey recounted Sally Miller's story in his nonfiction book, The Lost German Slave Girl (2003). Bailey concludes that Sally Miller was probably not Salome Muller, but a clever and heroic slave woman who "... seized the one chance of liberty that was ever likely to come her way, and she hung on to that chance with a tenacity I could only marvel at."
Further reading
- J. Hanno Deiler, "The System of Redemption in the State of Louisiana", Louisiana Historical Quarterly, Vol. 12, 1929
- Patricia Herminghouse, "The German Secrets of New Orleans", German Studies Review, 2004
- John S. Kendall, "Shadow over the City", Louisiana Historical Quarterly, Vol. 22, 1939
- Louis Voss, "Sally Mueler (sic), the German Slave", Louisiana Historical Quarterly, Vol. 12, 1923
- Daneen Wardrop, "Ellen Craft and the Case of Salomé Muller in Running a Thousand Miles for Freedom," Women's Studies 33 (2004): 961-84.
- Miller v. Belmonti, 11 Rob. (La.) 339 #5623, New Orleans, May 1845
- Miller v. Miller, 4 La. Ann. 354 #1114, #1024, New Orleans, May 1849
External links
- http://books.google.com/books?id=c8eY3lQptwsC&printsec=frontcover&source=gbs_ge_summary_r&cad=0#v=onepage&q&f=falseWilliam and Ellen CraftEllen CraftEllen Craft and William Craft were slaves from Macon, Georgia in the United States who escaped to the North in December 1848 by traveling openly by train and steamboat, arriving in Philadelphia on Christmas Day. She posed as a white male planter and he as her personal servant...
, Running a Thousand Miles for Freedom; or the Escape of William and Ellen Craft from Slavery], North Stratford, New Hampshire: Ayer Company Publishing, (reprint 1999), has material from Law Reporter about the Sally Miller case, pp. 3–6