How Did Some Enslaved People Sue for Their Freedom — and Win? - podcast episode cover

How Did Some Enslaved People Sue for Their Freedom — and Win?

Mar 28, 20237 min
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Episode description

In 1781, Elizabeth Freeman successfully sued her enslaver for her own freedom. Learn how freedom suits worked pre- and post-American Revolution in this episode of BrainStuff, based on this article: https://history.howstuffworks.com/historical-figures/mum-bett.htm

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Speaker 1

Welcome to Brainstuff, a production of iHeartRadio, Hey, Brainstuff. Lauren Vogelbaum here a Revolutionary War era court case, but granted an enslaved woman freedom from her cruel enslavers, a benevolent white lawyer turned employer, a name change at a crucial turning point. These are all moments in Elizabeth Freeman's life. Her story, or at least what we know of it, reads like a tale of grit and justice, ripe for Hollywood, But in reality, the circumstances of Freeman's triumph were rooted

in necessity and survival. A Freeman called Bet before she chose her new Moniker was born into slavery on an unknown date in the seventeen forties, by either inheritance or purchase. Freeman was enslaved as a child by Colonel John Ashley and his wife Hannah at the Ashley House in Sheffield, Massachusetts. Freeman did domestic work, served visitors, and dealt with the

reported brutality of Hannah Ashley. But by seventeen eighty, Freeman had become aware that documents like the Declaration of Independence and the Massachusetts Constitution espoused the ideas of freedom and equality as birthrights. A freeman determined that she too was entitled to freedom by law. In the wake of other enslaved black people and abolitionists who took their claims to court, a Freeman decided to sue for her freedom. She had the help of lawyers Theodore Sedgwick and Tapping Reeve to

do so. This was not a common course of action. Some enslaved people weren't aware that they could petition for their freedom and win, nor did they have the resources to do so. On top of that, challenging the law and ones enslavers could be risky and feudal. However, such freedom suits in which enslaved people filed lawsuits against their enslavers to their freedom, were not unprecedented in colonial times.

Many of these suits were brought by men, and many of the claimants challenged their own enslavement rather than the entire institution of slavery. For instance, Elizabeth Key sued for her freedom in Virginia in sixteen fifty six on the basis that her father was a free white man and that she was a Christian, conditions that entitled her to

freedom by English common law. Before the article. This episode is based on how stuff work spoke with Lamarchie Fraser, an artist, educator and director of Education and Interpretation at the Museum of African American History, Boston, and Nantuckett. She explained that there were many legal reasons enslaved people petitioned for freedom, and many levels of awareness about their ability

to do so. A quote, maybe the enslaved petitioners haven't been manumitted, that is, set free when their contract says they should be. Maybe they should be at this point in time, earning wages for their s. There are distinct differences in cases where petitions are brought, but they are not without the knowledge that they exist. They're not existing in a vacuum. Some enslaved people found ways to organize

to win their freedom. Freeman asserted that she was free according to the rules the United States politicians had enshrined in governing documents. Some of what we know today about Freeman comes from Catherine Maria Sedgwick, who was the daughter of Freeman's lawyer. Theodore Freeman helped raise her, and Catherine later wrote about Freeman's life and convictions. She quoted Freeman as saying, I'm not a dumb critter. Won't the law

give me my freedom. Sedgwick went on to say about Freeman, I can imagine her upright form as she stood dilating with her fresh hope based on the declaration of her intrinsic inalienable right. Freedom. Suits were often unsuccessful, resulting in neither the emancipation of the plaintiff nor the abolition of slavery in the place where the case was brought, but some,

including Freeman's, were stories of liberation. Of Freeman's lawyers decided to add Brahm, one of four other enslaved people at the Ashley estate, to the suit, making it Brahm and Bett versus Ashley. A Freeman may have sought Sedgwick's help since he visited the Ashley house, or Sedgwick and Reeve may have pursued Freeman and Brahm in order to test whether slavery was legal in Massachusetts under the new state constitution.

Either way, Sedgwick got a writ of replevin, which is an order authorizing the retaking of property by its rightful owner, from the court, ordering John Ashley to release Freeman and Brahm because they were not his property. Ashley refused to release them and was ordered to appear in court on August twenty first of seventeen eighty one, Sedgwick and Reeve argued before the court that slavery was unconstitutional because the Massachusetts Constitute stated that all men are born free and equal.

The next day, the jury determined that Brahm and Freeman should be emancipated. The two were awarded thirty shillings in damages, and Ashley had to pay the court costs. Freeman, upon her victory, took her new name, an assertation of her newfound independence. The outcome of this case and one other that year showed that the legal and moral foundations of the institution of slavery were disintegrating. These cases marked the

beginning of the end of slavery in Massachusetts. According to seventeen ninety census, no enslaved people lived in the state. That said, the state constitution was not amended to outlaw slavery, and people remained in bondage as chattel. Slavery became obsolete

in Massachusetts. Freeman went on to work for the Sedgwicks, providing her services in the household and community as a servant, midwife, and governess, and, in a reversal almost too improbable for a third act, the Freeman became one of the first women in Massachusetts to own property herself. She bought a home and land of her own, amassing enough wealth and property to create a will a couple of months before she died in December of eighteen twenty nine at the

age of about eighty five. The items that she owned and chose to pass down, the shawls, gowns, earrings, quilts, spoons, and gold beads, among other objects, tell a story about her character and what she valued. Despite the lack of autobiographical accounts of Freeman's life, Fraser said, as we see her life unfolded in the ways that are accessible to us, and we find a woman who is not deterred from her honesty, her truth, and her will to be free.

Today's episode is based on the article how Enslaved Elizabeth Freeman mum Bett Sued for her Freedom and one on Housetofwork dot com, written by Eve's Jeff Cope. Brainstuff is production of iHeartRadio in partnership with HowStuffWorks dot Com and is produced by Tyler klang A. Four more podcasts to my heart Radio, visit the iHeartRadio app, Apple podcasts or wherever you listen to your favorite shows,

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