Emancipation: St. Louis Freedom Suits (1814-1860)

Lucy A. Delaney’s (c. 1828 or 1830-1910) path to freedom began with her mother, Polly Berry (a.k.a. Polly Walsh). In 1817, Polly’s enslaver took her to Illinois to work for him. In the free state of Illinois, an enslaved person who lived in the state for over 90 days became free. Once Polly reached the 90-day mark, she sued for her own emancipation and won. However, her owner returned to Missouri and sold her back into slavery. In the late 1830s, she again sued for her emancipation in St. Louis and won in September 1836.

In 1842, Polly sued her daughter Lucy’s owner on her behalf. Lucy’s owner had Lucy jailed because her sister had escaped to Canada, and therefore, she was a flight risk. Prominent politician Edward Bates, and future U.S. Attorney General, argued for Lucy’s freedom in February 1844. He used the principle of “the child follows the condition of the mother.” Since Polly was free when Lucy was born, Lucy should be free. Lucy won her freedom after being jailed in severe conditions for 17 months. Polly and Lucy’s cases were two of 301 freedom suits filed in St. Louis between 1814 and 1860.

The Missouri Supreme Court overturned the “once free, always free” law in 1852. Most people released under earlier rulings stayed free; new petitions almost always failed.

The Dred Scott Decision ended all freedom for African Americans on March 6, 1857. It denied citizenship to African Americans, declared slaves as property, and voided the Missouri Compromise.