Extemporaneous musings, occasionally poetic, about life in its richly varied dimensions, especially as relates to history, theology, law, literature, science, by one who is an attorney, ordained minister, historian, writer, and African American.
Monday, October 17, 2016
REDEMPTION SONGS, excerpt....
Much divine courage, inspiration, understanding, love, and faith are to be derived from the diligent reading of the holy scriptures of the Bible, if aided with the diligent reading and the careful study of complete African American history.
The essence of each such discrete category, when combined, makes a strong bond, a common accord.
Each category is based upon strong written accounts of human struggle and suffering against great adversity and ultimately the triumph of the good over the evil.
The book, REDEMPTION SONGS : SUING FOR FREEDOM BEFORE DRED SCOTT by Lea Vandervelde, Esq. (2014), fortunately, tells the true stories of former slaves who successfully sued for freedom in Missouri Courts, before the anomalous Dred Scott decision ruled against Scott, leading to war.
These stories are comparable to any Bible miracle in that these are actual, documented occurrences, rather than allegorical constructs.
The example of "John Merry, also known as Jean Marie, Free Born," is illustrative:
"John initiated efforts toward freedom by offering to buy his family 's way out of slavery.... He told his new master, Pensonneau, that he would not work for him, but he would pay him the price that he had paid for his family. He offered him money and some horses in exchange for the freedom of his family. The agreement was that John would pay Pensonneau $450 over three years, $900 in total, their full appraised value . He gave his master the down payment of $230 immediately , $200 in cash and $30 in the value of two horses. John said that Pensonneau had 'liberated' him, which perhaps means simply that he released him, and he left for St. Louis to earn the rest.
"There are many ironies in the river crossings in this story that run contrary to stereotypical expectations about slaves and free territory.... The first irony in this story is that as a recently 'liberated' Illinois slave , John Merry left Illinois for an urban area in a slave state where he could expect to earn the money necessary to complete the purchase of his freedom.... A second irony , not only did St. Louis draw free Blacks because it provided better economic opportunities, as John's treatment will indicate the slave state of Missouri actually offered slaves more receptive venues to litigate their freedom than did Illinois at the time.
"Despite the contractual agreement and taking the down payment, Louis Pensonneau refused to honor the agreement, and came after John Merry in St. Louis to reclaim him....
"Under Illinois law specifically the Illinois black code, John Merry's contract was not legally enforceable. The Illinois code rendered all contracts between masters and servants during the time of service void. If John Merry was a servant for life, it would mean that he could never engage in an enforceable contract with his master for his liberty.
"Pensonneau personally saw John Merry being manacled and placed in irons aboard the steamboat 'General Brown' at the St. Louis docks. Still in chains, John was transported downriver and then transferred to a slave trader in New Orleans for resale. Though in January 1825, John Merry had believed he had a contract for his family 's freedom, he had left his family, had relinquished prospects, money and horses , and was in the process of working off the rest, by May, he found himself in New Orleans resold as a slave to a man that Missouri courts call Andrew 'Sheckoni.' ...
"But John Merry did not remain with Cexnaider [Sheckoni] or at the Louisiana plantation. After some time he managed to escape and make his way back upriver to Cahokia, the village where he had been born, and presumably where Suzette and their children still lived.... Once John Merry was discovered at Cahokia, Pensonneau seized him again. This time he employed a St. Louis part-time deputy sheriff, and sent John back across the Mississippi River to be jailed in St. Louis .... Pensonneau then sold John Merry again , from his jail cell this time to local men who understood the value of French slaves from Illinois...
"Upon his release from jail, John Merry sued both Dr. Tiffin and Louis Menard for his freedom. While the case was in litigation, John Merry could not legally be removed from the court 's jurisdiction , so he would be safe from extradition to Cexnaider in New Orleans and kidnapping by Pensonneau.
"In April 1827, the suit went to a full trial , with eight witnesses... The jury decided against John Merry , however, and the freedom litigant immediately appealed to the Missouri Supreme Court....
"The Missouri high court rejected the slaveholders' argument.... Again Judge Matthias McGurk, who wrote Winny's case and worked behind the scenes for the Scypions, wrote the opinion.
"The Missouri Supreme Court declared the important principle of birthright freedom. The Court wrote, ...
'"This man [John Merry] was not then born, and when he was born into existence, the law forbid slavery to exist; and at the time of the cession act, this man, John, was not property ; and at the time of his birth, he could not be property.'...
"Accordingly, the Missouri Supreme Court declared, 'John is free.' These were stirring words for a slave state in 1827. This holding was extremely important in dismantling the perpetuity by which generations of 'French slaves ' had been held in Illinois since Governor St. Clair exempted them."
P.82-84.
https://en.m.wikipedia.org/wiki/List_of_judges_of_the_Supreme_Court_of_Missouri