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Who Should Own Photos of Slaves? The Descendants, not Harvard, a Lawsuit Says

Who Should Own Photos of Slaves? The Descendants, not Harvard, a Lawsuit Says
Who Should Own Photos of Slaves? The Descendants, not Harvard, a Lawsuit Says

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 her personal family history. “These were our bedtime stories,” Shonrael Lanier said.

On Wednesday, 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 Lanier’s lawyers, said. “Renty’s descendants may be the first descendants of slave ancestors to be able to get their property rights.”

The lawsuit says the images are the “spoils of theft,” because as slaves Renty and Delia were unable to give consent. It says 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.

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 daguerreotypes were commissioned by Louis Agassiz, a Swiss-born zoologist and Harvard professor.

Agassiz 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.

This article originally appeared in The New York Times.

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