Freedom suit in the context of "Francis B. Murdoch"

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⭐ Core Definition: Freedom suit

Freedom suits were lawsuits in the Thirteen Colonies and the United States filed by slaves against slaveholders to assert claims to freedom, often based on descent from a free maternal ancestor, or time held as a resident in a free state or territory.

The right to petition for freedom descended from English common law and allowed people to challenge their enslavement or indenture. Petitioners challenged slavery both directly and indirectly, even if slaveholders generally viewed such petitions as a means to uphold rather than undermine slavery. Beginning with the colonies in North America, legislatures enacted slave laws that created a legal basis for "just subjection"; these were adopted or updated by the state and territorial legislatures that superseded them after the United States gained independence. These codes also enabled enslaved persons to sue for freedom based on wrongful enslavement.

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👉 Freedom suit in the context of Francis B. Murdoch

Francis Butter Murdoch (March 21, 1805 – May 10, 1882) was an American attorney and newspaper publisher. As a lawyer, he practiced law in Pennsylvania, Michigan, Illinois and Missouri, and initiated freedom suits for Dred Scott and Harriet Robinson Scott in 1846. Between 1840 and 1847, Murdoch filed nearly one-third of all freedom suits in St. Louis, and secured freedom for many of his clients who had been enslaved, including Polly Berry and her daughter, Lucy A. Delaney. Before that, Murdoch was the city attorney in Alton, Illinois, where he unsuccessfully prosecuted rioters who killed Elijah Parish Lovejoy, an anti-slavery newspaper publisher, in 1837.

After moving to California in 1852, Murdoch became a newspaper publisher and editor of the San Jose Telegraph, which later became The Mercury News, and founded the San Jose Patriot.

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Freedom suit in the context of Harriet Robinson Scott

Harriet Robinson Scott (c. 1820 – June 17, 1876) was an African American woman who fought for her freedom alongside her husband, Dred Scott, for eleven years. Their legal battle culminated in the infamous United States Supreme Court decision Dred Scott v. Sandford in 1857. On April 6, 1846, attorney Francis B. Murdoch had initiated Harriet v. Irene Emerson in the Circuit Court of St. Louis County, making the Scotts the first and only married couple to file separate freedom suits in tandem.

Born into slavery in Virginia, Harriet Robinson lived briefly in the free state of Pennsylvania before being taken to the Northwest Territory by Indian agent and slaveholder Lawrence Taliaferro. In 1836 or 1837, Harriet married Etheldred, an enslaved man who had been brought to Fort Snelling in present-day Minnesota by Dr. John Emerson, a military surgeon. Their civil wedding ceremony was officiated by justice of the peace Taliaferro, who never actually sold Harriet to Dr. Emerson, since slavery was illegal there.

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