Archive for April 24th, 2019
“Who Should Own Photos of Slaves? The Descendants, not Harvard, a Lawsuit Says.” (New York Times, March 20, 2019)
NORWICH, Conn. — The two slaves, a father and daughter, were stripped to the waist and positioned for frontal and side views. Then, like subjects in contemporary mug shots, their pictures were taken, as part of a racist study arguing that black people were an inferior race.
Almost 170 years later, they are at the center of a dispute over who should own the fruits of American slavery.
The images of the father and daughter, identified by their first names, Renty and Delia, were commissioned by a professor at Harvard and are now stored in a museum on campus as precious cultural artifacts.
But to the Lanier family, they are records of a personal family history. “These were our bedtime stories,” Shonrael Lanier said.
On Wednesday, Ms. Lanier’s mother, Tamara, 54, filed a lawsuit in Massachusetts saying that she is a direct descendant of Renty and Delia, and that the valuable photographs are rightfully hers. The case renews focus on the role that the country’s oldest universities played in slavery, and comes amid a growing debate over whether the descendants of enslaved people are entitled to reparations — and what those reparations might look like.
“It is unprecedented in terms of legal theory and reclaiming property that was wrongfully taken,” Benjamin Crump, one of Ms. Lanier’s lawyers, said. “Renty’s descendants may be the first descendants of slave ancestors to be able to get their property rights.”
Jonathan Swain, a spokesman for Harvard, declined to comment on the lawsuit.
Universities in recent years have acknowledged and expressed contrition for their ties to slavery. Harvard Law School abandoned an 80-year-old shield based on the crest of a slaveholding family that helped endow the institution. Georgetown University decided to give an advantage in admissions to descendants of enslaved people who were sold to fund the school.
A series of federal laws has also compelled museums to repatriate human remains and sacred objects to Native American tribes.
The lawsuit says the images are the “spoils of theft,” because as slaves Renty and Delia were unable to give consent. It says that the university is illegally profiting from the images by using them for “advertising and commercial purposes,” such as by using Renty’s image on the cover of a $40 anthropology book. And it argues that by holding on to the images, Harvard has perpetuated the hallmarks of slavery that prevented African-Americans from holding, conveying or inheriting personal property.
“I keep thinking, tongue in cheek a little bit, this has been 169 years a slave, and Harvard still won’t free Papa Renty,” said Mr. Crump, who in 2012 represented the family of Trayvon Martin, an unarmed black teenager killed by a community watch member in Florida. Ms. Lanier is also represented by Josh Koskoff, a lawyer who represents families of the Sandy Hook elementary school massacre victims.
Renty and Delia were among seven slaves who appeared in 15 images made using the daguerreotype process, an early form of photography imprinted on silvered copper plates.
The pictures are haunting and voyeuristic, with the subjects staring at the camera with detached expressions.
The daguerreotypes were commissioned by Louis Agassiz, a Swiss-born zoologist and Harvard professor who is sometimes called the father of American natural science. They were taken in 1850 by J.T. Zealy, in a studio in Columbia, S.C.
Agassiz, a rival of Charles Darwin, subscribed to polygenesis, the theory that black and white people descended from different origins. The theory, later discredited, was used to promote the racist idea that black people were inferior to whites. Agassiz viewed the slaves as anatomical specimens to document his beliefs, according to historical sources.
The daguerreotypes were forgotten until they were discovered in an unused storage cabinet in the attic of Harvard’s Peabody Museum of Archaeology and Ethnology in 1976. They were thought to be the earliest known photographs of American slaves.
Notes found with the images give small clues as to the identity of the slaves — their names, plantations and tribes. Renty was born in Congo, according to the label on his daguerreotype.
“I’d be very excited to work with Tamara,” said Dr. Hecimovich, who is chairman of the English department at Furman University. “But the bigger issue is it would be very hard to make a slam-dunk case that she believes she has.”
Molly Rogers, the author of a previous book about the images called “Delia’s Tears,” said that tracing families under slavery was extremely complex. “It’s not necessarily by blood,” she said. “It could be people who take responsibility for each other. Terms, names, family relationships are very much complicated by the fact of slavery.”
One intellectual property lawyer, Rick Kurnit, said he thought Ms. Lanier would have a hard time claiming ownership of the daguerreotypes. He said the famous photograph “V-J Day in Times Square,” for instance, belonged to the photographer and not to the sailor or the nurse who are kissing. But that image, of course, was taken in a public space.
Yxta Maya Murray, a professor at Loyola Law School, Los Angeles, said that images taken by force were tantamount to robbery. “If she’s a descendant, then I would stand for her,” Professor Murray said of Ms. Lanier.
One argument for keeping the daguerreotypes in a museum is that they are fragile physical objects, which degrade when exposed to light, said Robin Bernstein, a professor of cultural history at Harvard who has studied them.
She declined to take a position in the legal dispute, but said that the images were safe at the Peabody. “Frankly, there are other repositories to keep them safe,” she said. “What I do know is that no ordinary individual such as myself could keep them safe in a home.”
The question remains what Ms. Lanier would do with the images of Renty and Delia if she were to win her case in court.
Ms. Lanier, who is asking for a jury trial and unspecified punitive and emotional damages, says she does not know, and would have to have a family meeting about it. She does not rule out licensing the images.
Mr. Crump, her lawyer, had another idea. The daguerreotypes, he said, should be taken on a tour of America, so that everyone can see them.
Frederick Douglass was in love with photography. From his earliest known photograph in 1841 until his passing in 1895, he sat for his portrait whenever he could and became the most photographed American of the nineteenth century; more photographed than President Abraham Lincoln. In this first major exhibition of Douglass photographs, we offer a visually stunning re-introduction to America’s first black celebrity — immediately recognizable in his own lifetime by millions.
Scholars John Stauffer and Zoe Trodd are the co-curators of the exhibit [Picturing Frederick Douglass] (http://maah.org/exhibits.htm), based upon their acclaimed book about the famed abolitionist’s photographs. They join Dr. Manisha Sinha, author of The Slave’s Cause: A History of Abolition, to discuss the impact of the wide distribution of images of Douglass.
A nine-year archaeological dig at the site of a plantation where abolitionist Frederick Douglass once lived culminated in an exhibit at the University of Maryland’s Hornbake Library.
The exhibit showcases artifacts that shed light on the life and culture of Wye House, a former plantation near Easton, Maryland where Douglass spent two years as an enslaved child. Professor Mark Leone of the university’s Department of Anthropology co-curated the exhibit with his current and former graduate students