BEFORE DRED SCOTT
The LAT's lead feature today is on a remarkable document trove in St. Louis: the court records of slaves who petitioned for freedom, and damages, before the Dred Scott decision. Writes Stephanie Simon:
Among heaps of musty affidavits about contract disputes and unpaid debts, the archivests have uncovered 283 "freedom suits" filed in St. Louis from 1806 to 1965.
Decades before Dred Scott became the most famous slave to sue for freedom, the imposing, domed courthouse here echoed with the defiant voices of Tempe, of Ralph, off so many others who refused to accept their bondage. They dictated their petitions to lawyers or clerks and signed them with faltering Xs in black ink. "He has frequently abused and beaten her, particularly yesterday." "Unlawfully an assault he did make in and upon her."
Before this cache of documents was discovered, historians had no idea how many slaves had put their faith, and their fates, in the courts. They thought Dred Scott was an anomaly. Now, they are uncovering evidence of an underground grapevine that passed word about the freedom suits from slave to slave, emboldening men and women and even teenage children to sue.
Dozens won their cases, persuading juries of 12 white men to set them free. A few even won damages against their masters.
These records, which are online here, help explain why Dred Scott was such a tragic shock to slaves and slavery opponents: It not only laid the legal foundation for the Fugitive Slave Act, which forced slavery opponents to participate in returning blacks to bondage. It also declared that the rule of law, a fundamental principle of American government, simply didn't apply to blacks. [Posted 3/18.]