With the filing of this First Amended and Consolidated Complaint, we are adding as a Plaintiff and as a sub-class, living, formerly enslaved African-Americans. While, the prospect of a living formerly enslaved African-American might to some seem improbable, cases of slavery have been documented by the NAACP through as late as the 1950's. See, Alistar Highet, Will America Pay for the Sins of the Past, Slavery's Past. THE HARTFORD ADVOCATE, February 14, 2002, quoting Dr. Ron Walters. See also, Len Cooper, The Damned. Slavery Did Not End With The Civil War. One Man's Odyssey Into a Nation's Secret Shame, WASHINGTON POST, June 16, 1996, at FOI; Alwyn Bar, Negroes in Texas: The History of Black Texans. University of Oklahoma Press (University of Oklahoma Press). Plaintiffs have knowledge of the possible existence of as many as eight (8) other living formerly enslaved African-Americans and believe the number could become greater through additional research and discovery.


There have been a variety of figures by current economists that estimate the value of slave labor to the country as a whole. Estimates are provided at para. 10 and fns. 16, and 17 herein.


Charles J. Ogletree, Jr., Litigating the Legacy of Slavery, N.Y. TIMES, March 31, 2002, at 9.




John Friedman, Corporate Bill for Slavery (March 10, 2003) at 24.


Andrew Brownstein, News & Trends, Suits Bring Debate Over Slavery Reparations Into The Courtroom TRIAL: JOURNAL OF THE ASSOCIATION OF TRIAL LAWYERS OF AMERICA, 38-dec, December, 2002 at 68.


Tony Pugh, Maureen Fan, and Ken Moritsugu, Descendant Of A Slave Sues Three Firms, Seeks Reparations, PHILADELPHIA INQUIRER, March 27, 2002, at A03.


Of course, this end date for slavery, must be extended by the recent addition of Plaintiffs who were enslaved into the 20th Century.


Brent Staples, African Holocaust, Lessons from a Graveyard, Portraits and Poems, Part II (http:/ visited June 2, 2003).


Ira Berlin, Many Thousands Gone: The First Two Centuries of Slavery in North America, Harvard University Press (1998), cited by Brent Staples in African Holocaust, Lessons form a Graveyard, supra at fr. 8.


John Hope Franklin, From Slavery to Freedom, at 124, Seventh Edition (1947).


Id. citing to Statutes at Large of South Carolina, Vol. VII. p. 897, Act No. 670, Sec. 1.


Kenneth M. Stampp, The Peculiar Institution: Slavery in the Antebellum South, 206-216 (1956).

14, September 9, 2002. (Rape committed by enslaved Africans against white women was a capital crime).


North Carolina Standard, (July 28, 1838)


St. Louis Gazette, (November 6, 1845).


Mississippi Gazette, (July 23, 1836).


Brent Staples, African Holocaust, Lessons from a Graveyard, supra. at fn. 8, quoting in part from Dr. Michael Blakey, Howard University, (“strain on the muscles and ligaments was so extreme that muscle attachments were commonly ripped away from the skeleton talking chunks of bone with them leaving the body in perpetual pain”).


Brent Staples, African Holocaust, Lessons from a Graveyard, supra. at fn. 8, quoting in part from Dr. Michael Blakey, Howard University, (“strain on the muscles and ligaments was so extreme that muscle attachments were commonly ripped away from the skeleton taking chunks of bone with them leaving the body in perpetual pain”).


Antony Dugdale, J.J. Fueser, J. Celso de Castro Alves, Yale, Slavery and Abolition, at 3-5. (The Amistad Committee Inc.) (2001) (http:// (last visited June 3, 2003).


Id. at 12-21.


Kate Zernike, Slave Trader's in Yale's Past Fuel Debate on Restitution, NEW YORK TIMES, August 13, 2001, at Bl.


Randall Robinson, The Debt, LOS ANGELES TIMES at 4-5 (2000).


Tim Wise, Breaking the Cycle of White Dependency, Znet, June 12, 2001, listed on Zmag website as May 19, 2001 found on http://, Story ID - 11018 (5/22/02).


Tamara Audi, Payback for Slavery: Growing Push for Reparations Tries to Fulfill Broken Promise, DETROIT FREE PRESS, September 18, 2000, quoting Randall Robinson, (


As to early states that abolished slavery, the following is a partial listing: Massachusetts 1780 (judicial decision), Pennsylvania in 1780 (gradual emancipation act) New Hampshire 1783 (constitutional interpretation) Rhode Island 1784 (gradual emancipation act) Connecticut 1784 and 1797 (gradual emancipation act) New York 1799 and 1817 (gradual emancipation act) New Jersey 1804 (gradual emancipation act) See,http:// text.html (Last visited June 17, 2003).


Statute of March 22, 1794 “An Act to prohibit the carrying on the Slave Trade from the United States to any foreign place or country,” Ch. 11 Sec. 1, 1 Stat. 347.


Statute of March 22, 1794 “An Act to prohibit the carrying on the Slave Trade from the United States to any foreign place or Country,” Ch. 11, Sec.2, 1 Stat. 347.


Act of May 10, 1800, “An Act in addition to the act intialed [sic] “An Act to prohibit the carrying on the Slave Trade from the United States to any foreign place or country,' Chapter 51 Sec. 1,5, 2 Stat. 70.


Act of March 2, 1807, “An Act to prohibit the importation of Slaves into any port or place within the jurisdiction of the United States,” Ch. 22, Sec.3, 2 Stat. 426.


[16th Congress. Session 1, Ch. 113, May 15, 1820].


Clement Price, Freedom Not Far Distant, (1980).[NEED PG. CITATION HERE]; Born in Slavery: Slave Narratives from the Federal Writers' Project, Texas Narrative Vol. XVI, Part 1 (Elgie Davison narrative at para. 6-10); Donna Wyatt Howell, I Was Born A Slave, Book 4, The Breeding of Slaves, 11-54, (American Legacy Books 1999).


William M. Wiecek, Somerset: Lord Manfield and the Legitimacy of Slavery in the Anglo-American World, at 42., Rev. 124-125 (1974), citing from the unreported decision. (emphasis added)


Id. at 130, citing, La Jeune Eugenie, 233 U.S. (10 Wheat) at 122 (1789).


Ohio St. 623 (1853); see, also similar holding in Lemmon v. The People, 20 N.Y. 562 (1860).


Clarence Thomas, An African-American Perspective: Toward a Plain Reading of the Constitution - The Declaration of Independence in Constitutional Interpretations 1987 How.L.J. 691, 697.


Hylton, Slavery and Tort Law, supra. at 10-11.


Alistair Highet, Will America Pay for the Sins of the Past, Slavery's Past, THE HARTFORD ADVOCATE, February 14, 2002, quoting, Dr. Ronald Walters, Len Cooper, The Damned Slavery Did Not End With the Civil War. One Man's Odyssey Into a Nation's Secret Shame, WASHINGTON POST, June 16, 1996 at FOI.


Franklin, John Hope. From Slavery to Freedom, New York; Knopf (1947).


Yuval Taylor, I Was Born a Slave, Introduction, at xxviii (Vol. I. Chicago: Lawrence Hill 1999).


Pete Daniels. The Shadow of Slavery, at 21-25. (Describes the immense benefit that certain southern railroads and turpentine farm owners derived from peonage and forced labor systems through the 1920s.


Nell Irvin Painter, The Exodusters. (describes a movement in the 1879-1880 in the Mississippi Valley where extraordinary amounts of physical violence were used to continue to “enslave' ”. As the “enslaved” attempted to escape farmers patrolled with shotguns along the riverbanks to prevent escape those enslaved seeking to escape would set free along river banks to alert steam ships who would sometimes carry them to freedom in exchange for fees.


Anti-Lynching Crusade of Ida B. Wells, (http:/ boundrieds/page6d2.html).


Numerous authors document the “spiritual injuries” arising out of slavery. See, e.g. Vincene Verdun. If the Shoe Fits, Wear It: An Analysis Reparations to African Americans, 67 Tul. L.Rev. 597, 633-635; n.37 (1993).


Ethan Watters, Claude Steel Has Scores to Settle, N.Y. TIMES, September 17,1995 at 45. (Steele revealed in testing that lower scores by African Americans in standardized apptitude tests were due to sense of inferiority with which African-Americans go into testing situations) footnote. Id.


Keith M. Hylton, Slavery and Tort Law, Boston University School of Law, Working Paper Series, Public Law & Legal Theory, Working Paper No. 03-02 (2003) at 30-34 (




Rhonda V. Magee, The Masters Tools From the Bottom Up: Responses to African-American Reparations Theory on Mainstream and Outsiders Remedies Discourse, 79 Va. L. Rev. 863, 870 (1993).


Tuneen E. Chisolm, Sweep Around Your Own Front Door: Examining the Argument For Legislative African American Reparations, 147 U.Pa.L.Rev. 677, 689 (1999).


Dalton Conley, The Cost of Slavery, NY TIMES, February 15, 2003 at 25.




Alan Fuer, Harlem's Queen Mother, by Acclaim: Honorary Mayor Traded Convent for Life of Street Charity, NY TIMES, P.B1, (5/20/2003).

53, (8/24/2002). Prepared by Honorable Delois Naewoaang Blakely, Deputy Mayor of Harlem, New York, 1993.


Frank Trejo, Former Slave's Story of Faith, February 21, 2003, DALLAS MORNING NEWS


Name withheld for safety reasons.


Clement Price, Freedom Not Far Distant (1980). [Need Pg. Citation here]




Randolf B. Cambell, The Handbook of Texas Online, The Texas State Historical Association 1997-2001.


Frederick Douglas, Texas Slavery, and American Prosperity: An Address Delivered in Belfast Ireland on January 2, 1846. Belfast News Letter, January 6, 1846. (et. al. eds.), cited in John Blassingame, The Frederick Douglas Papers: Series One-Speeches, Debates, and Interviews, at 118. (New Haven: Yale University Press, 1979. Vol. I, p. 118).


The Barbarism of Slavery, by Charles Sumner, LL.D., in the Senate, 36th Congress, lst Session, Pp. 2590-2603, CONGRESSIONAL GLOBE, citing to Louisiana Civil Code, Art. 35.


Jay Coughtry, The Notorious Triangle: Rhode Island and the African Slave Trade 1700 to 1807, at 267-285.


Jim Cox, Rail Networks Own Lines Bult with Slave Labor USA TODAY, Feb. 21, 2002.


James Cox, Brown Bros., Loans Gave Planters Cash To Buy Slaves. USA TODAY (02/21/02).




Brent Staples, Slaves in the Family: One Generation's Shame another's Revelation, June 16, 2003 at OPED.


Jim Cox, Textile Firm Linked to “Negro Cloth' for slaves, USA TODAY, Feb. 21, 2002.


Nannie M. Tilley, The RJ Reynolds Tobacco Company, at 8.


Id. at 9.


Id. at 13.


Id. at 27. Hardin Reynolds was able to raise money to pay taxes in the late 1860s and the 1870s, an indication that he was relatively well off even after the Civil War. The Reynolds Homestead by Nannie M. Tilley, 17-18.


The RJ Reynolds Tobacco Conpany at 14.


Id. at 21.


Id. at 24.


Id. at 26.


Id. at 31.


Id. at 48.


This “Tobacco Combination” or trust formed by James Buchanan Duke was wholly owned by Continental Tobacco Company.


Id. at 104.


Id. at 95


Id. at 101.

81 sub2.cfm?ID-l0


Nanny M. Tilley. The RJ Reynolds Tobacco Company, at 546.

83 sub2.cfm?ID-10


Jim Cox, USA TODAY, Feb. 21, 2002, citing Canadian National's ownership of seven rail lines built and/or operated by enslaved Africans including Mobile & Ohio which valued slaves lost to emancipation at $199,691 in 1865 (valued today at $2.2 million).


Article 29 of the International Criminal Court at the Hague codified the Practice of International Law, i.e., the crimes within the jurisdiction of the court shall not be subject to any statute of limitations; see also, Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity, General Assembly Resolution 2391 (XXIII) of 26 November 1968.


Reference to Plaintiff's motion to depose C. Doe from Louisiana, who is a 104. year old man who was enslaved despite the adoption of the 13th Amendment to the Constitution.


Keith M. Hylton - Slavery and Tort Law, Working Paper Series, Public Law & Legal Theory, Working Paper No. 03-02 (discussing advantages of an accounting claim in slavery reparations lawsuit at 151-53, 1/3/03.


“For the purpose of this Statute: “crime against humanity' means any of the following acts ... (c) Enslavement,” The Rome Statute establishing the International Criminal Court, effective date, July 1, 2002.


Jon M. Van Dyke, “Reparations for the Descendants of American Slaves Under International Law,” pp 5-6, Williams S. Richardson School of Law, University of Hawai at Nanoa


Sec. 13, “Durban Declaration and Plan of Action,” “We acknowledge that slavery and the slave trade, including the transatlantic slave trade, were appalling tragedies in the history of humanity not only because of their abhorrent barbarism but also in terms of their magnitude, organized nature and especially their negation of the essence of the victims, and further acknowledge that slaver and the slave trade are a crime against humanity and should always have been so, especially the transatlantic slave trade and are among the major sources and manifestations of racism, racial discrimination, xenophobia and related intolerance, and that Africans and people of African descent, Asians and people of Asian descent and indigenous peoples were victims of these acts and continue to be victims of their consequences” United Nations World Conference Against Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance,” adopted in Durban, South Africa 9/8/01. Emphasis added


Louis de Jaocourt, “This purchase is a business which violates religion, morality, natural law, and all human rights. There is not one of those unfortunate souls who does not have the right to be declared free, since in truth he has never lost his freedom; and he could not lose it, since it was impossible for him to lose it; and neither his prince, nor his father, nor anyone else had the right to dispose of it.” Contribution to Diderot's Encyclopedie, 1765; Lieber's Code, “Slavery, complicating and confounding the ideas of property (that is, of a thing) and of personality (that is, of humanity), exists according to municipal or local law only. The law of nature and nations has never acknowledged it. The digest of the Roman law enacts the early dictum of the pagan jurist, that ‘so far as the law of nature is concerned, all men are equal.’ Fugitives escaping from a country in which they were slaves, villeins or serfs, into another country, have, for centuries past, been held free and acknowledged free by judicial decisionss of European countries, even though the municipal law of the country n which the slave had taken refuge acknowledged slavery within its own dominions” General Orders no. 100, Instructions for the Government of Armiesof the United States in the Field, Section I, para. 42 issued by President Abraham Lincoln,, 24th of April 1863; Wiecek, William, M. “The [Sietel Partidas [1265] stated that slavery was contra razon de natura, and the Cuban [Slave] code ... declared slavery to be “the most evil and the most despicable things which can be found among men.' ” Somerset: Lord Mansfield and the Legitmacy of Slavery in the Anglo-American World, 42 U. of Chi. L.R. 86, f.n.70 at 107 (1974); Geraldine Van Bueren, “Britain is legally bound, despite current denials, to pay reparations for the slave trade. Long forgotten documents show Britain knew that the slave trade was illegal, even while Britons continued to trade in slaves. It is assumed, wrongly, that there were no international laws [that] prohibited the slave trade at the time of the African slave trade ... The General Act of the Berlin Conference 1885 declared that “trading in slaves is forbidden in conformity with the principles of international law.' Britain was one of the 15 signatory powers. The Act was not a treaty establishing rules for future behaviour, but was declaratory of existing genera; “principles of international law.' By signing [it], Britain was acknowledging that the slave trade was illegal under international law prior to 1885,” It's Britain's Guilty Secret, THE GUARDIAN, London, 25 May, 2001.


[16th Congress. Session 1, Ch. 113, May 15, 1820].


Dean M. Richardson, a professor of Law, states that [although the applicability of the tort of outrage to racial discrimination seems clear, Plaintiffs rarely have employed this theory of action to combat racism (the infrequent use of this theory was due to the fact that a proof of assault or battery was required to show harm). The tort of outrage has three components; the defendant's state of mind, the Plaintiff's severe emotional distress, and the egregiousness of the defendant's conduct.


See footnote 16 at 20 herein, for a complete citation of authorities supporting “breeding”.


Aaron Lynch, Thought Contagion and Mass Belief, by Aaron Lynch, is an article how beliefs are spread and how the Nazis intentionally infected the Germany population with false racist beliefs about the Jews that took on a life of its own in the society at that time harming the Jewish population of Germany. ( (September 19, 1997).


See, John Hope Franklin and Scott Ellsworth's publication “History Knows No Fences: An Overview”; published with the Oklahoma History Commission Report, pgs. 21, 26, 27 and 28 (2001).


See, cf. U.C.C. ss 2-403, 3-302 (1978), nor can the beneficiary of goods and services keep the benefits without paying restitution: see, e.g. Small v. Badenhop, 67 Hasrv. 628. 701 p. 2d 647 (1985).


See, Abel, Pounds of Cure, Ounces of Prevention, 73 Calif. L. Rev. 1003 (1985). Cf. Note, Victim Restitution in the Criminal Process: A Procedural Analysis, 97 Harv. L. Rev. 4 (1984) identifying the multidimensional goals of restitution in the criminal law, including deterrence, compensation, retribution and rehabilitation; Fletcher, Punishment and Compensation, 14 Creighton L. Rev. 691 (1981) which discuss the philosophical basis for compensation systems].


Conduct violates the “law of nations” if it contravenes “well-established, universally recognized norms of international law.” Kadic v. Karadzic, 70 F.3d 232, 239 (2d Cir. 1995), cert. denied, 518 U.S. 1005, 135 L. Ed. 2d 1048, 116 S. Ct. 2524 (1996). In United States v. Smith, 18 U.S. (5 Wheat.) 153, 160-61, 5 L. Ed. 57 (1820);” The general rule is that international law only binds state actors. However, courts interpreting the ATCA have found that certain forms of conduct--piracy, the slave trade, slavery and forced labor, aircraft hijacking, genocide, and war crimes--violate the law of nations “whether undertaken by those acting under the auspices of a state or only as private individuals.” Kadic, 70 F.3d at 239.