Another legal precedent when it came to slave law in the 19th century was over the freedom of Josephine Louise or Marie Louise v. Marot. The nature of Josephine Louise’s case was that she had been emancipated after living in France. As a result she couldn’t be returned to slavery upon returning to the U.S. As expected, Marot argued otherwise and wanted Josephine Louise returned.

In June 1835, the Louisiana state district court heard Marie Louise v. Marot. Her freedom weighed on whether Josephine was through France or if she was there for a temporary residence. If it was decided that she lived there, she could be imprinted with freedom and thus a free Black person.

OUTCOME OF MARIE LOUISE v. MAROT

It was found that the defendant could not make decisions of Josephine Louise or give legal consent. It was also decided that freedom was imprinted upon Louise while in France. As a result, she was entitled to her freedom in Louisiana. The decision was upheld in the state’s Supreme Court almost a year later.

This precedent didn’t apply to other states as the Civil War broke out and Black fled to the United States—technically a foreign country—from the Confederate States. Years prior to the Civil War, it was applied to the Dred Scott case but the majority of Supreme Court justices decided against the precedent.

SOURCE: https://en.wikipedia.org/wiki/Marie_Louise_v._Marot