Freedom Suits

Bob Tomaso
Office Managing Partner, Husch Blackwell LLP
BAMSL President, 2021-22

Originally published in the January 2022 issue of the St. Louis Lawyer magazine.  Download PDF.

If you are like me, you might have assumed that one reason the Dred and Harriett Scott case is so well known is that it was unique in American jurisprudence. Surely, it must have been rare for an enslaved couple living in a slave state in the 1840s to have the courage to sue their master in a court of law for their freedom? Think again.

There were hundreds of such cases filed in St.  Louis. We now have some evidence of these lawsuits because hundreds of case files have been found in the St. Louis court buildings. Some of the lawsuits were filed by courageous slaves without the benefit of counsel, but many were filed by brave St. Louis area lawyers working for free.

Imagine the terrible consequences if a slave had sued for her freedom and lost? According to Judge David Mason, as harsh as conditions were for St. Louis area slaves, life was believed to have been even worse for slaves held deeper to the South, and a way for an owner to keep slaves in line was to threaten to "sell them down the river" — hence the origin of that common phrase.

The law at the time in Missouri and elsewhere was "once free, always free." That is, if a slave were taken by her master from her slave state to a free state or territory for a certain time, then she could be declared free. Given its unique geography as a city on the eastern edge of a slave state and largely surrounded by free states and territories like Illinois and Iowa, St. Louis played a leading role in the history of freedom suits. In fact, some scholars have referred to St. Louis as "the epicenter of Freedom Suit Litigation."

Today we are ashamed, as we should be, that slavery was ever allowed in this country. We do have a chance today to recognize not only those courageous slaves who sued for their own freedom, but also our fellow members of the St. Louis Bar who represented them. Preston Jackson, a renowned sculptor, was commissioned to build a memorial suitable for recognizing these brave St. Louisans. Jackson's sculpture is almost complete. In fact, as I write this column, we hope to unveil Jackson's statue at the same time we celebrate Law Day next year, on May 2 of 2022.

Many of our members and some charitable St. Louis employers have already contributed financially to this cause, and there is still time for you to contribute as well. If you are willing to recognize bravery and help us commemorate this event, please visit www.stlouisbarfoundation.org and click on the link to "The Freedom Suits Memorial." If nothing else, watch the incredible video the steering committee for the Freedom Suits has put together (https://www.facebook.com/FreedomSuitsMemorial/videos/the-freedom-suitsmemorial/1464975790559616/). It is both very enlightening and very compelling.