1 00:00:01,800 --> 00:00:07,720 Speaker 1: Welcome to Brainstuff, a production of iHeartRadio, Hey, Brainstuff. Lauren 2 00:00:07,800 --> 00:00:13,320 Speaker 1: Vogelbaum here a Revolutionary War era court case, but granted 3 00:00:13,320 --> 00:00:17,759 Speaker 1: an enslaved woman freedom from her cruel enslavers, a benevolent 4 00:00:17,800 --> 00:00:21,680 Speaker 1: white lawyer turned employer, a name change at a crucial 5 00:00:21,680 --> 00:00:26,239 Speaker 1: turning point. These are all moments in Elizabeth Freeman's life. 6 00:00:26,760 --> 00:00:29,400 Speaker 1: Her story, or at least what we know of it, 7 00:00:29,400 --> 00:00:33,000 Speaker 1: reads like a tale of grit and justice, ripe for Hollywood, 8 00:00:33,760 --> 00:00:37,760 Speaker 1: But in reality, the circumstances of Freeman's triumph were rooted 9 00:00:37,800 --> 00:00:43,440 Speaker 1: in necessity and survival. A Freeman called Bet before she 10 00:00:43,600 --> 00:00:46,919 Speaker 1: chose her new Moniker was born into slavery on an 11 00:00:47,000 --> 00:00:51,320 Speaker 1: unknown date in the seventeen forties, by either inheritance or purchase. 12 00:00:51,680 --> 00:00:54,800 Speaker 1: Freeman was enslaved as a child by Colonel John Ashley 13 00:00:54,920 --> 00:00:59,640 Speaker 1: and his wife Hannah at the Ashley House in Sheffield, Massachusetts. 14 00:01:00,000 --> 00:01:03,160 Speaker 1: Freeman did domestic work, served visitors, and dealt with the 15 00:01:03,280 --> 00:01:09,480 Speaker 1: reported brutality of Hannah Ashley. But by seventeen eighty, Freeman 16 00:01:09,520 --> 00:01:12,760 Speaker 1: had become aware that documents like the Declaration of Independence 17 00:01:12,920 --> 00:01:16,800 Speaker 1: and the Massachusetts Constitution espoused the ideas of freedom and 18 00:01:16,880 --> 00:01:21,399 Speaker 1: equality as birthrights. A freeman determined that she too was 19 00:01:21,560 --> 00:01:25,199 Speaker 1: entitled to freedom by law. In the wake of other 20 00:01:25,319 --> 00:01:28,720 Speaker 1: enslaved black people and abolitionists who took their claims to court, 21 00:01:29,160 --> 00:01:32,520 Speaker 1: a Freeman decided to sue for her freedom. She had 22 00:01:32,520 --> 00:01:35,760 Speaker 1: the help of lawyers Theodore Sedgwick and Tapping Reeve to 23 00:01:35,840 --> 00:01:40,319 Speaker 1: do so. This was not a common course of action. 24 00:01:41,040 --> 00:01:43,800 Speaker 1: Some enslaved people weren't aware that they could petition for 25 00:01:43,800 --> 00:01:46,760 Speaker 1: their freedom and win, nor did they have the resources 26 00:01:46,760 --> 00:01:50,000 Speaker 1: to do so. On top of that, challenging the law 27 00:01:50,240 --> 00:01:55,520 Speaker 1: and ones enslavers could be risky and feudal. However, such 28 00:01:55,560 --> 00:01:59,080 Speaker 1: freedom suits in which enslaved people filed lawsuits against their 29 00:01:59,160 --> 00:02:03,520 Speaker 1: enslavers to their freedom, were not unprecedented in colonial times. 30 00:02:04,240 --> 00:02:06,640 Speaker 1: Many of these suits were brought by men, and many 31 00:02:06,640 --> 00:02:09,720 Speaker 1: of the claimants challenged their own enslavement rather than the 32 00:02:09,919 --> 00:02:14,680 Speaker 1: entire institution of slavery. For instance, Elizabeth Key sued for 33 00:02:14,720 --> 00:02:17,800 Speaker 1: her freedom in Virginia in sixteen fifty six on the 34 00:02:17,800 --> 00:02:20,240 Speaker 1: basis that her father was a free white man and 35 00:02:20,280 --> 00:02:23,160 Speaker 1: that she was a Christian, conditions that entitled her to 36 00:02:23,200 --> 00:02:28,320 Speaker 1: freedom by English common law. Before the article. This episode 37 00:02:28,320 --> 00:02:31,080 Speaker 1: is based on how stuff work spoke with Lamarchie Fraser, 38 00:02:31,280 --> 00:02:35,160 Speaker 1: an artist, educator and director of Education and Interpretation at 39 00:02:35,200 --> 00:02:39,640 Speaker 1: the Museum of African American History, Boston, and Nantuckett. She 40 00:02:39,800 --> 00:02:43,359 Speaker 1: explained that there were many legal reasons enslaved people petitioned 41 00:02:43,360 --> 00:02:46,960 Speaker 1: for freedom, and many levels of awareness about their ability 42 00:02:46,960 --> 00:02:51,280 Speaker 1: to do so. A quote, maybe the enslaved petitioners haven't 43 00:02:51,360 --> 00:02:55,240 Speaker 1: been manumitted, that is, set free when their contract says 44 00:02:55,280 --> 00:02:58,320 Speaker 1: they should be. Maybe they should be at this point 45 00:02:58,320 --> 00:03:01,680 Speaker 1: in time, earning wages for their s. There are distinct 46 00:03:01,720 --> 00:03:04,880 Speaker 1: differences in cases where petitions are brought, but they are 47 00:03:04,919 --> 00:03:08,399 Speaker 1: not without the knowledge that they exist. They're not existing 48 00:03:08,440 --> 00:03:14,640 Speaker 1: in a vacuum. Some enslaved people found ways to organize 49 00:03:14,680 --> 00:03:17,880 Speaker 1: to win their freedom. Freeman asserted that she was free 50 00:03:17,919 --> 00:03:21,040 Speaker 1: according to the rules the United States politicians had enshrined 51 00:03:21,080 --> 00:03:25,919 Speaker 1: in governing documents. Some of what we know today about 52 00:03:25,919 --> 00:03:29,760 Speaker 1: Freeman comes from Catherine Maria Sedgwick, who was the daughter 53 00:03:29,800 --> 00:03:34,440 Speaker 1: of Freeman's lawyer. Theodore Freeman helped raise her, and Catherine 54 00:03:34,520 --> 00:03:38,440 Speaker 1: later wrote about Freeman's life and convictions. She quoted Freeman 55 00:03:38,480 --> 00:03:41,320 Speaker 1: as saying, I'm not a dumb critter. Won't the law 56 00:03:41,400 --> 00:03:44,880 Speaker 1: give me my freedom. Sedgwick went on to say about Freeman, 57 00:03:45,240 --> 00:03:47,920 Speaker 1: I can imagine her upright form as she stood dilating 58 00:03:47,960 --> 00:03:50,480 Speaker 1: with her fresh hope based on the declaration of her 59 00:03:50,520 --> 00:03:58,120 Speaker 1: intrinsic inalienable right. Freedom. Suits were often unsuccessful, resulting in 60 00:03:58,200 --> 00:04:01,280 Speaker 1: neither the emancipation of the plaintiff nor the abolition of 61 00:04:01,320 --> 00:04:04,720 Speaker 1: slavery in the place where the case was brought, but some, 62 00:04:05,000 --> 00:04:10,240 Speaker 1: including Freeman's, were stories of liberation. Of Freeman's lawyers decided 63 00:04:10,280 --> 00:04:13,400 Speaker 1: to add Brahm, one of four other enslaved people at 64 00:04:13,400 --> 00:04:16,520 Speaker 1: the Ashley estate, to the suit, making it Brahm and 65 00:04:16,640 --> 00:04:21,039 Speaker 1: Bett versus Ashley. A Freeman may have sought Sedgwick's help 66 00:04:21,160 --> 00:04:24,440 Speaker 1: since he visited the Ashley house, or Sedgwick and Reeve 67 00:04:24,640 --> 00:04:27,400 Speaker 1: may have pursued Freeman and Brahm in order to test 68 00:04:27,440 --> 00:04:30,880 Speaker 1: whether slavery was legal in Massachusetts under the new state constitution. 69 00:04:32,760 --> 00:04:36,520 Speaker 1: Either way, Sedgwick got a writ of replevin, which is 70 00:04:36,560 --> 00:04:40,040 Speaker 1: an order authorizing the retaking of property by its rightful owner, 71 00:04:40,279 --> 00:04:43,440 Speaker 1: from the court, ordering John Ashley to release Freeman and 72 00:04:43,520 --> 00:04:48,039 Speaker 1: Brahm because they were not his property. Ashley refused to 73 00:04:48,080 --> 00:04:51,279 Speaker 1: release them and was ordered to appear in court on 74 00:04:51,440 --> 00:04:54,760 Speaker 1: August twenty first of seventeen eighty one, Sedgwick and Reeve 75 00:04:54,920 --> 00:04:58,839 Speaker 1: argued before the court that slavery was unconstitutional because the 76 00:04:58,920 --> 00:05:03,360 Speaker 1: Massachusetts Constitute stated that all men are born free and equal. 77 00:05:04,640 --> 00:05:07,280 Speaker 1: The next day, the jury determined that Brahm and Freeman 78 00:05:07,360 --> 00:05:11,560 Speaker 1: should be emancipated. The two were awarded thirty shillings in damages, 79 00:05:11,720 --> 00:05:15,520 Speaker 1: and Ashley had to pay the court costs. Freeman, upon 80 00:05:15,560 --> 00:05:19,040 Speaker 1: her victory, took her new name, an assertation of her 81 00:05:19,080 --> 00:05:25,200 Speaker 1: newfound independence. The outcome of this case and one other 82 00:05:25,240 --> 00:05:28,599 Speaker 1: that year showed that the legal and moral foundations of 83 00:05:28,600 --> 00:05:33,080 Speaker 1: the institution of slavery were disintegrating. These cases marked the 84 00:05:33,120 --> 00:05:36,440 Speaker 1: beginning of the end of slavery in Massachusetts. According to 85 00:05:36,520 --> 00:05:39,839 Speaker 1: seventeen ninety census, no enslaved people lived in the state. 86 00:05:40,960 --> 00:05:45,000 Speaker 1: That said, the state constitution was not amended to outlaw slavery, 87 00:05:45,320 --> 00:05:49,000 Speaker 1: and people remained in bondage as chattel. Slavery became obsolete 88 00:05:49,040 --> 00:05:53,799 Speaker 1: in Massachusetts. Freeman went on to work for the Sedgwicks, 89 00:05:54,040 --> 00:05:57,800 Speaker 1: providing her services in the household and community as a servant, midwife, 90 00:05:57,839 --> 00:06:02,159 Speaker 1: and governess, and, in a reversal almost too improbable for 91 00:06:02,160 --> 00:06:04,640 Speaker 1: a third act, the Freeman became one of the first 92 00:06:04,640 --> 00:06:08,400 Speaker 1: women in Massachusetts to own property herself. She bought a 93 00:06:08,480 --> 00:06:11,040 Speaker 1: home and land of her own, amassing enough wealth and 94 00:06:11,160 --> 00:06:13,640 Speaker 1: property to create a will a couple of months before 95 00:06:13,640 --> 00:06:16,480 Speaker 1: she died in December of eighteen twenty nine at the 96 00:06:16,520 --> 00:06:20,480 Speaker 1: age of about eighty five. The items that she owned 97 00:06:20,520 --> 00:06:25,320 Speaker 1: and chose to pass down, the shawls, gowns, earrings, quilts, spoons, 98 00:06:25,320 --> 00:06:28,880 Speaker 1: and gold beads, among other objects, tell a story about 99 00:06:28,880 --> 00:06:32,039 Speaker 1: her character and what she valued. Despite the lack of 100 00:06:32,080 --> 00:06:38,240 Speaker 1: autobiographical accounts of Freeman's life, Fraser said, as we see 101 00:06:38,279 --> 00:06:41,200 Speaker 1: her life unfolded in the ways that are accessible to us, 102 00:06:41,520 --> 00:06:44,160 Speaker 1: and we find a woman who is not deterred from 103 00:06:44,160 --> 00:06:50,160 Speaker 1: her honesty, her truth, and her will to be free. 104 00:06:52,200 --> 00:06:55,440 Speaker 1: Today's episode is based on the article how Enslaved Elizabeth 105 00:06:55,520 --> 00:06:58,800 Speaker 1: Freeman mum Bett Sued for her Freedom and one on 106 00:06:58,839 --> 00:07:02,440 Speaker 1: Housetofwork dot com, written by Eve's Jeff Cope. Brainstuff is 107 00:07:02,440 --> 00:07:05,279 Speaker 1: production of iHeartRadio in partnership with HowStuffWorks dot Com and 108 00:07:05,400 --> 00:07:08,160 Speaker 1: is produced by Tyler klang A. Four more podcasts to 109 00:07:08,240 --> 00:07:11,400 Speaker 1: my heart Radio, visit the iHeartRadio app, Apple podcasts or 110 00:07:11,400 --> 00:07:13,160 Speaker 1: wherever you listen to your favorite shows,