Mary Miller
From the day of their purchase, little was heard of the fate of the Daniel Muller family. Until in 1843, Madame Carl Rouff was walking past a coffee house and saw a young slave named Mary Miller who looked exactly like her dear friend, Dorothea Muller. Madame Rouff was convinced this was the long missing Salome Muller, daughter to her friend Dorothea Muller. Ms. Rouff took Mary to her friend, Eva Kropp Schuber’s house. Eva instantly recognized Mary as Salome Muller.
Salome was clearly light-skinned, but that did not necessarily mean she was not considered “black.” In one of the stranger aspects of slavery, even one drop of Negro blood was enough to render a person “black” in the eyes of the law. But, it was a foundational principle of slavery that a person who was 100% white could not be a slave. It was critical to know what Mary’s background was. But, Mary, then probably in her 30’s, had no recollection of her childhood. Even so, Eva and Mrs. Rouff believed they knew. Eva was convinced by a large mole on Mary/Salome’s upper thigh. Eva in particular became indefatigable in supporting the cause of Mary/Salome.
They hired talented lawyers of the day to represent Mary in her lawsuits. Eva was a bulldog, raising money from the German community of New Orleans to pay the legal fees. As the lawsuit progressed, the second-hand story emerged that a German family of a single father with one son and two daughters traveled on a keel boat to the Attakapas region. One evening, the German father let out a gasp, clutched his chest and fell over. He died before he hit the planking. Later, sometime that night, his oldest son jumped into the river and was never seen again. No one knew what became of the two daughters.
John Fitz Miller
Louis Belmonti ran the coffee house where Madame Rouff first saw Mary Miller. He had purchased Mary from John Fitz Miller, a planter from the western parts of Louisiana. Miller was one of the wealthiest men in the state. The lawsuits became a personal matter for John F. Miller. It was a very dis-honorable thing to force a white person into slavery. John hired the best lawyers to defend his good name.
Gen. Lewis
In 1843, trial was held in New Orleans state district court. John Fitz Miller presented a vigorous defense. He called as witnesses persons who knew Mary as his former slave. One witness was identified as “Gen. Lewis.” Gen. Lewis testified that he remembered seeing Mary as a young slave. She did not speak with a particular accent, he said. We would expect Mary Miller to speak with a German accent in her youth. On cross examination, Gen. Lewis admitted that he might have viewed the light-skinned Mary as a slave, simply because he saw her in the company of other slaves. Later, after a lunch break, Gen. Lewis rose and asked if he could add to his prior testimony. The judge assented. Gen. Lewis said he was struck by the resemblance between Mary/Salome and Eva Schuber and later by the Mary/Salome’s resemblance to another young Muller girl in the court room. He said he had always assumed Mary Miller had some Negro features, but perhaps that was because he had simply always associated her with Negroes. His testimony was remarkable for its time.
Gen. Lewis’ testimony likely rocked the court. Slavery was premised on a mistaken belief that different races possessed fundamental biological differences. Educated persons in 1843 sincerely believed some races were inferior. Gen. Lewis’ testimony turned accepted science of the day upside down.
The Mole
Several persons testified on behalf of Mary/Salome. Witnesses testified that they knew Mary in her younger days to have a slight German accent. Other witnesses from the German community testified that they knew Mary was Salome. A doctor examined Mary and attested to the presence of the mole. Even Daniel Muller, son of Henry Muller, turned up and testified that he recognized Mary/Salome as Salome Muller, his cousin. Yet, in the end, Mary/Salome lost her trial.
Liberty is Presumed
But, Eva did not give up. She raised the money to pay the fees for an appeal. In Louisiana law, as in most slave states, there was a presumption in favor of liberty. That is, if there was doubt as to the racial background of a person, then the court would defer to liberty. In 1845, the state Supreme Court reviewed the evidence and overturned the trial result. The court based its ruling on the lack of evidence showing Mary/Salome Miller was descended from a slave mother or even from a black mother. The court pointed to the testimony of Gen. Lewis that Mary/Salome appeared to be white in every respect. And, with that ruling, Mary/Salome was now free. From then forward, she went by the name of Sally Muller. The German community of New Orleans celebrated.
But, John Fitz Miller was devastated. This decision cast him as a slave owner who had wrongly forced a white girl into slavery. Miller continued his efforts to find anyone who could testify about the fate of the missing two daughters of Daniel Muller. In Morehouse Parish, an upstate Louisiana parish, he found one Dorothy Kirchner. Dorothy was another one of those German Redemptioners from 1818. Dorothy said there were no noticeable marks on either of the two Muller girls. Dorothy rejected the claim of Daniel Muller, son of Henry. Daniel, she said was only eight when they arrived at New Orleans. But, she was 15 when they first arrived at the port. Dorothy said she had found the two missing Muller girls in upstate Louisiana in 1832. Her testimony then led to Polly Moore of Monroe, Louisiana.
Polly Moore
In 1846, Polly Moore happened to come to New Orleans. John F. Miller filed an action in Federal court, so as to take her testimony. Polly spoke with a lingering German accent. But, she said she was not Salome. She said she was the older sister, Dorothea. She said the names of the two sisters were changed often. They could not yet speak English and could only communicate by pointing. Polly/Dorothea said her sister, Salome had died four years before in upstate Louisiana.
John Fitz Miller had also located the original Redemption contract signed by Daniel Muller in 1818. The paper, signed by Daniel Muller with three crosses to mark the signatures of his three children, showed someone other than John bought them all. They had not gone to the Attakapas region, at all. Instead, they had gone to Morehouse parish in 1818.
In yet another trial in state district court, the jury could not reach a decision. By now, the case of Sally Miller v. John Fitz Miller was a nationally known affair. The Judge had respected the Supreme Court decision and charged the jury that a white person or an Indian were presumed to be free. If they found Mary/Salome was white, then they would have to presume she was free. Since the jury could not reach a result, the prior decision by the state Supreme Court stood. Mary/Salome remained free.
By this time in 1848, John Fitz Miller’s finances had diminished a great deal. He hovered just above bankruptcy. Sally Muller was still free. And, in 2023 we would think the citizens of New Orleans had to ask some hard questions of the very foundation of slavery.
Source:
John Bailey, The Lost German Slave Girl (New York: Grove Press 2003), pp. 1-2, 23-24, 46-47, 115-116, 161-165, 214-216, 240-241, 245-246, 249