Freedom Suits

 

When Dred and Harriet Scott sued for their freedom in 1846, they used a freedom statute that was created in the Louisiana Territory in 1807 (and based on similar statutes in most Southern states), and reinforced in a Missouri state law written in 1824, under which any person held in bondage could petition the local court for permission to sue their enslaver for freedom.

The petition had to have a legal basis. The legal reasons a slave might sue usually fell into three categories. First, the slave had been taken to a territory where slavery was not allowed by law. Second, the person was being wrongly held as a slave after being legally freed in a will or by purchase. Third, that it could be proven that the mother of a child being held in bondage was not legally a slave.

Launching a legal suit in court to gain one’s freedom was not easy. Slaves had the burden of proof upon them. If they had been emancipated, they needed papers and witnesses to prove it. Over 300 slaves in St. Louis used this law to sue for their freedom between 1812 and 1865. Less than half won their cases.

Click here to go to the St. Louis Circuit Court Historical Records Project site where all of the freedom suits have been scanned and are available for research.

Freedom Licenses

When formerly enslaved people were freed, life remained difficult in Missouri. Free Black people were not considered to be citizens, and after 1847, their children could not attend school. By the terms of an 1835 law, a "free man or woman of color" had to have a license with them at all times as proof that they were free. If caught without a license, the African American was thrown into jail, then brought up before the Board of County Commissioners, a panel of three judges who decided their fate. Once emancipated, all free Blacks in St. Louis had to apply for a license or face eviction from Missouri.

During the summer of 2008, a dedicated intern named Ebony Y. Jenkins investigated the records of the County Court and enumerated all of the emancipated persons of color who applied for freedom licenses. These records are today preserved at the Missouri Historical Society, including a collection of original freedom bonds for many of those who received licenses. Ms. Jenkins findings are detailed in a written report and a database.

Lucy Delaney

Lucy Delaney was 17 years old when she sued for her freedom at the Old Courthouse in 1844. Learn about her experiences here.