Lucy Delaney
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Lucy Delaney ( Lucy Ann Berry; c. 1828–1830 – August 31, 1910) was an African-American woman, who when she was free was a seamstress, slave narrator, and community leader. She was born into slavery and was primarily held by the Major Taylor Berry and Judge Robert Wash families. As a teenager, she was the subject of a freedom lawsuit, because her mother lived in Illinois, a free state, longer than 90 days. According to Illinois state law, slaves that reside in Illinois for more than 90 days should be indentured and freed. The country's rule of ''
partus sequitur ventrem ''Partus sequitur ventrem'' (L. "That which is born follows the womb"; also ''partus'') was a legal doctrine passed in colonial Virginia in 1662 and other English crown colonies in the Americas which defined the legal status of children born th ...
'' asserts that if the mother was free at the child's birth, the child should be free. After her mother,
Polly Berry Polly Berry (c.1803–1805 – after 1865) was an African American woman notable for winning two freedom suits in St. Louis, one for herself, which she won in 1843, and one for her daughter Lucy, which she won in 1844. Having acquired the surnam ...
(also known as Polly Wash), filed a lawsuit for herself, she filed a lawsuit on her behalf in 1842. Delaney was locked up for 17 months in a cold, damp, smelly jail while awaiting the trial. In 1891, Delaney published the
narrative A narrative, story, or tale is any account of a series of related events or experiences, whether nonfictional (memoir, biography, news report, documentary, travelogue, etc.) or fictional ( fairy tale, fable, legend, thriller, novel, etc. ...
, ''From the Darkness Cometh the Light, or, Struggles for Freedom''. This is the only first-person account of a
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 ter ...
and one of the few
slave narrative The slave narrative is a type of literary genre involving the (written) autobiographical accounts of enslaved Africans, particularly in the Americas. Over six thousand such narratives are estimated to exist; about 150 narratives were published as s ...
s published in the post-Emancipation period. The memoir recounts her mother's legal battles in
St. Louis St. Louis () is the second-largest city in Missouri, United States. It sits near the confluence of the Mississippi and the Missouri Rivers. In 2020, the city proper had a population of 301,578, while the bi-state metropolitan area, which e ...
,
Missouri Missouri is a state in the Midwestern region of the United States. Ranking 21st in land area, it is bordered by eight states (tied for the most with Tennessee): Iowa to the north, Illinois, Kentucky and Tennessee to the east, Arkansas t ...
, for her own and her daughter's freedom from slavery. For Delaney's case, Berry attracted the support of
Edward Bates Edward Bates (September 4, 1793 – March 25, 1869) was a lawyer and politician. He represented Missouri in the US House of Representatives and served as the U.S. Attorney General under President Abraham Lincoln. A member of the influential ...
, a prominent Whig politician and judge, and the future
United States Attorney General The United States attorney general (AG) is the head of the United States Department of Justice, and is the chief law enforcement officer of the federal government of the United States. The attorney general serves as the principal advisor to the p ...
under President
Abraham Lincoln Abraham Lincoln ( ; February 12, 1809 – April 15, 1865) was an American lawyer, politician, and statesman who served as the 16th president of the United States from 1861 until his assassination in 1865. Lincoln led the nation thro ...
. He argued Delaney's case in court and won her freedom in February 1844. Delaney's and her mosther's cases were two of 301 freedom suits filed in St. Louis from 1814 to 1860. The memoir provides insight into the activities of Delaney's life during and after the freedom suits. There are some discrepancies, though, between the memoir and public records regarding her mother Polly's childhood, such as where she was born and whether she was born free or not. Delaney and her mother lived in St. Louis briefly before her first marriage in 1845 to Frederick Turner, which brought the mother and daughter to Quincy, Illinois. In 1848, Turner was killed in a steamboat explosion. The women returned to St. Louis, and in 1849, Lucy Berry married Zachariah Delaney. Lucy's mother lived with the Delaney's in the
Mill Creek Valley Mill Creek Valley was a historic neighborhood located in the central corridor between 20th Street and Saint Louis University in St. Louis, Missouri. European settlement began in the 18th century with mills established along ''La Petite Rivière'', ...
of St. Louis. They had a comfortable middle class life and Delaney and her husband were active leaders in the St. Louis area. Delaney and her husband had at least four children, a couple of whom died in their childhood and a couple of whom died in their twenties.


Early life

Lucy Ann Berry was born into slavery in
St. Louis St. Louis () is the second-largest city in Missouri, United States. It sits near the confluence of the Mississippi and the Missouri Rivers. In 2020, the city proper had a population of 301,578, while the bi-state metropolitan area, which e ...
,
Missouri Missouri is a state in the Midwestern region of the United States. Ranking 21st in land area, it is bordered by eight states (tied for the most with Tennessee): Iowa to the north, Illinois, Kentucky and Tennessee to the east, Arkansas t ...
around 1828 and 1830. Her mother,
Polly Berry Polly Berry (c.1803–1805 – after 1865) was an African American woman notable for winning two freedom suits in St. Louis, one for herself, which she won in 1843, and one for her daughter Lucy, which she won in 1844. Having acquired the surnam ...
was born a slave in Kentucky around 1803 or 1805. In October 1817, when Polly was about fourteen, she was taken to
Edwardsville, Illinois Edwardsville is a city in and the county seat of Madison County, Illinois, and is a suburb of St. Louis. As of the 2020 census, the population was 26,808. The city was named in honor of Ninian Edwards, then Governor of the Illinois Territory. ...
. After 90 days in the free state, slaveholders were required to register their slaves as
indentured servants Indentured servitude is a form of labor in which a person is contracted to work without salary for a specific number of years. The contract, called an "indenture", may be entered "voluntarily" for purported eventual compensation or debt repayment, ...
, which legally made them free. However, months later, in April 1818, Polly was transported to Little Dixie of central Missouri, where she was sold. She was taken up the Missouri River and lived there, within the slave state of Missouri, from 1818 to around 1823. She was then sold to Major Taylor Berry and his wife, Frances (Fannie) of
Howard County, Missouri Howard County is located in the U.S. state of Missouri, with its southern border formed by the Missouri River. As of the 2020 census, the population was 10,151. Its county seat is Fayette. The county was organized January 23, 1816, and named ...
. Delaney said of the transaction: Polly
married Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between t ...
an unnamed enslaved man of the Berry's and they had two daughters, Nancy and Lucy. They lived in Franklin County, Missouri. The major told Polly and her husband that they and his other slaves would be freed upon his death and the death of his wife. But, Berry's will did not stipulate that any slaves should be freed. After the major died in a duel, the widow Fannie Berry married Robert Wash of St. Louis, a lawyer later appointed as a justice of the
Supreme Court of Missouri The Supreme Court of Missouri is the highest court in the state of Missouri. It was established in 1820 and is located at 207 West High Street in Jefferson City, Missouri. Missouri voters have approved changes in the state's constitution to gi ...
. Polly and her family remained enslaved and she became known as Polly Wash. Fannie died on February 6, 1829, after which Delaney's family's fortunes changed. Judge Wash sold her father to a
plantation A plantation is an agricultural estate, generally centered on a plantation house, meant for farming that specializes in cash crops, usually mainly planted with a single crop, with perhaps ancillary areas for vegetables for eating and so on. The ...
down the
Mississippi River The Mississippi River is the second-longest river and chief river of the second-largest drainage system in North America, second only to the Hudson Bay drainage system. From its traditional source of Lake Itasca in northern Minnesota, it fl ...
into the Deep South. Being sold and separated from her mother was Delaney's major fear. Like other enslaved mothers in Missouri, Polly encouraged her daughters to plan for the time that they could escape their slaveholders. Sinha states, "A shared belief in courageous female resistance helped mothers and daughters support heavy loads of responsibility, pain, sorrow, and loneliness." Delaney, her mother and sister went to Taylor and Fannie Berry's daughter, Mary, who married Henry Sidney Coxe on March 21, 1837. Nancy was taken with them on the honeymoon trip, with a stop in
Niagara Falls Niagara Falls () is a group of three waterfalls at the southern end of Niagara Gorge, spanning the border between the province of Ontario in Canada and the state of New York in the United States. The largest of the three is Horseshoe Fall ...
, New York. Nancy had been previously instructed by Polly to escape into Canada (where slavery was abolished and the
Fugitive Slave Act of 1793 The Fugitive Slave Act of 1793 was an Act of the United States Congress to give effect to the Fugitive Slave Clause of the US Constitution ( Article IV, Section 2, Clause 3), which was later superseded by the Thirteenth Amendment, and to also gi ...
was invalid). In Niagara Falls, Nancy received guidance from a servant at the hotel they had been staying at and she made it safely across the border into Canada. While Polly was owned by the Coxes, she periodically worked on riverboats along the
Mississippi River The Mississippi River is the second-longest river and chief river of the second-largest drainage system in North America, second only to the Hudson Bay drainage system. From its traditional source of Lake Itasca in northern Minnesota, it fl ...
and Illinois River. One day, Mary complained that Polly put on "white airs" and threatened to sell and subsequently did sell Polly at a slave auction in St. Louis for $550 () to Joseph Magehan, a carpenter and lumberman from St. Louis. According to Delaney's memoir and some subsequent sources, Polly escaped to Chicago, was caught, and returned to St. Louis, but there is no evidence that this occurred and there was no mention of it in records of Polly's court case. Delaney, who took care of Mary Berry and Henry Sidney Coxe's children, was subject to parents' "fiery personalities". The couple suffered from the loss of their two infant children and Henry's alcoholism. Mary filed for divorce in 1845, citing her husband's drinking habit, severe temper, and abusive language. Mary withdrew the suit after Henry enumerated her faults. They agreed to stay married, but lived separately.


Freedom suits


Polly

Having been held illegally as a slave in Illinois, Polly sued for her freedom in the Circuit Court in the case known as ''Polly Wash v. Joseph A. Magehan'' in October 1839. When her suit was finally heard in 1843, her attorney Harris Sproat convinced a jury that she had been in Illinois long enough to have earned her freedom. Polly was freed. She continued her efforts to secure her daughter Lucy Ann Berry's freedom, having filed a freedom suit on her behalf in 1842.


Lucy

By 1842, Delaney went to Mary's younger sister, Martha. She was believed to have been a gift when Martha married David D. Mitchell, who was the regional Superintendent for Indian Affairs. Delaney was tasked with doing the laundry, for which she was inexperienced. Doing the laundry required carrying up to 50 gallons of water for each load, hand washing with lye, using laundry boards for each item of clothing, and wringing clothes. After that, clothes were hung on lines, starched, and ironed with heavy flat irons. Historian Tera Hunter states that it "was the single most onerous chore in the life of a nineteenth-century woman." She used water from the Missouri River, which was muddy and discolored the clothing. After Martha complained about the ruined clothing and called her lazy, Delaney replied, After the wrapper was washed, and ruined, Mary attempted to beat Delaney with tongs, a broomstick, and a shovel, all of which Delaney was able to take away from her. After Mary's husband refused to beat her, they planned to sell her into the Deep South. Before they could take her away, Delaney escaped to the cottage of her mother, who had her hide at a friend's house. Polly filed suit on September 8, 1842, as a "next friend" of her daughter against David D. Mitchell. Since her own case had not been settled, Polly was still considered a slave with no legal standing, but under the slave law, she could file suit in Circuit Court in St. Louis for Delaney's freedom as "next friend". According to the rule of ''
partus sequitur ventrem ''Partus sequitur ventrem'' (L. "That which is born follows the womb"; also ''partus'') was a legal doctrine passed in colonial Virginia in 1662 and other English crown colonies in the Americas which defined the legal status of children born th ...
'', which had been adopted into United States slave law, the status of children followed that of the mother. Since Delaney was born to a woman who should have been considered free at the time, she should also have been free. A $2,000 () bond was established by Judge Bryan Mullanphy, should Mitchell try to reclaim Delaney. Mitchell wanted to ensure that she was kept in St. Louis until the trial. Delaney was remanded to jail, where she was held for 17 months. During that time, Delaney was ill from the poor conditions of the jail that was crowded, cold, damp, and smelled of sewage. She did not have sufficient clothing to keep her warm. She benefited from visits from her mother and the kindness of the jailor Benjamin Lacy's sister-in-law, likely Minerva Ann (Doyle) Lacy, the wife of Lewis Fernandez Lacy. In February 1844, the case went to trial. Francis B. Murdoch, the former district attorney for
Alton, Illinois Alton ( ) is a city on the Mississippi River in Madison County, Illinois, Madison County, Illinois, United States, about north of St. Louis, St. Louis, Missouri. The population was 25,676 at the 2020 United States Census, 2020 census. It is a p ...
, prepared the case to free Delaney. He was highly involved in freedom suits in St. Louis. The prominent Whig politician
Edward Bates Edward Bates (September 4, 1793 – March 25, 1869) was a lawyer and politician. He represented Missouri in the US House of Representatives and served as the U.S. Attorney General under President Abraham Lincoln. A member of the influential ...
, a slaveholder, argued the case in court. He was later appointed as the
US Attorney General The United States attorney general (AG) is the head of the United States Department of Justice, and is the chief law enforcement officer of the federal government of the United States. The attorney general serves as the principal advisor to the p ...
under President
Abraham Lincoln Abraham Lincoln ( ; February 12, 1809 – April 15, 1865) was an American lawyer, politician, and statesman who served as the 16th president of the United States from 1861 until his assassination in 1865. Lincoln led the nation thro ...
. GALE, A168334126
Note: Murdoch filed almost one-third of the freedom suits filed between 1840 and 1847, all on behalf of enslaved persons.
By the time the case went to trial, her mother's case had been settled, and Polly was freed. Polly had affidavits from people who knew her and her daughter. Judge Robert Wash (Fanny Berry Wash's widower and Polly's previous master) testified that Delaney was definitely Polly's child. With the case settled by the principle of "once free, always free," Bates was able to convince the jury that her daughter should be freed. The judge announced that she was found to be free. She left the jail the day the verdict was made. Once free, Delaney would have had to register with the city of St. Louis and find someone to post bond in support of her registration. Wash filed a second suit on behalf of her daughter entitled ''Lucy Ann Britton v. David D. Mitchell'', for $1,000 in damages against David D. Mitchell for false imprisonment. By this suit, Polly and Murdoch may have been trying to preclude Mitchell from appealing the court's decision, in addition to seeking
reparations Reparation(s) may refer to: Christianity * Restitution (theology), the Christian doctrine calling for reparation * Acts of reparation, prayers for repairing the damages of sin History *War reparations **World War I reparations, made from G ...
for poor conditions that Delaney suffered in jail. They later dropped the suit.


Marriage and family

Delaney and her mother worked as seamstresses in St. Louis after they were freed. In 1845, Delaney met and married steamboat worker Frederick Turner, with whom she settled in Quincy, Illinois. Her mother lived with them. Turner died soon after in a boiler explosion on the steamboat ''The Edward Bates'' on August 12, 1848. Lucy Ann married Zachariah Delaney in St. Louis on November 16, 1849, a free black man from
Cincinnati Cincinnati ( ) is a city in the U.S. state of Ohio and the county seat of Hamilton County. Settled in 1788, the city is located at the northern side of the confluence of the Licking and Ohio rivers, the latter of which marks the state line wit ...
,
Ohio Ohio () is a state in the Midwestern region of the United States. Of the fifty U.S. states, it is the 34th-largest by area, and with a population of nearly 11.8 million, is the seventh-most populous and tenth-most densely populated. The sta ...
. The Delaneys lived in a house on Gay Street in
Mill Creek Valley Mill Creek Valley was a historic neighborhood located in the central corridor between 20th Street and Saint Louis University in St. Louis, Missouri. European settlement began in the 18th century with mills established along ''La Petite Rivière'', ...
of St. Louis. Called the Delaney House, it was built in 1845. She was a successful seamstress and her husband was a porter, cook, mail clerk, janitor, and laborer. They were members of the middle class. The Delaneys were married 42 years, until his death around 1891. Her mother lived with them. Though the couple had four children, two did not survive infancy. The remaining son and daughter both died in their early twenties. In 1870, the Delaneys had three boys and three girls living with them, from 19 to nearly a year old. By 1880, they had no children living with them. After the Civil War, Lucy located her father outside
Vicksburg, Mississippi Vicksburg is a historic city in Warren County, Mississippi, United States. It is the county seat, and the population at the 2010 census was 23,856. Located on a high bluff on the east bank of the Mississippi River across from Louisiana, Vi ...
and with her sister from Canada, Nancy and Lucy were reunited with their father during a visit.


Civic engagement

She was active in women's clubs, religious organizations and charity groups. Such organizations developed rapidly in both the African-American and white communities nationally in the years following the Civil War. She joined the
African Methodist Episcopal Church The African Methodist Episcopal Church, usually called the AME Church or AME, is a predominantly African American Methodist denomination. It adheres to Wesleyan-Arminian theology and has a connexional polity. The African Methodist Episcopal ...
in 1855, founded in 1816 in
Philadelphia Philadelphia, often called Philly, is the List of municipalities in Pennsylvania#Municipalities, largest city in the Commonwealth (U.S. state), Commonwealth of Pennsylvania, the List of United States cities by population, sixth-largest city i ...
as the first independent black denomination in the United States. Delaney was elected president of the first colored society, the Female Union, an organization of African-American women. She also served as president of the Daughters of Zion, as well the Free Union, the first society for African American women. She was a leader in the black women's Masonic movement. Delaney was secretary to a black veteran's group after the Civil War. She belonged to the Col. Shaw Woman's Relief Corps, No. 34, a women's auxiliary to the Col. Shaw Post, 343,
Grand Army of the Republic The Grand Army of the Republic (GAR) was a fraternal organization composed of veterans of the Union Army (United States Army), Union Navy (U.S. Navy), and the Marines who served in the American Civil War. It was founded in 1866 in Decatur, Il ...
(GAR). The veterans' group was named after the white commanding officer of the
54th Massachusetts Infantry The 54th Massachusetts Infantry Regiment was an infantry regiment that saw extensive service in the Union Army during the American Civil War. The unit was the second African-American regiment, following the 1st Kansas Colored Volunteer Infan ...
, the first of the United States Colored Troops and a unit that achieved renown for courage in the Civil War. Delaney dedicated her memoir to the GAR, which had fought for the freedom of enslaved people.


Memoir

In 1891, Delaney published her ''From the Darkness Cometh the Light, or, Struggles for Freedom,'' the only first-person account of a freedom suit. The text is also classified as a
slave narrative The slave narrative is a type of literary genre involving the (written) autobiographical accounts of enslaved Africans, particularly in the Americas. Over six thousand such narratives are estimated to exist; about 150 narratives were published as s ...
, most of which were published prior to the Civil War and Emancipation. The book accomplishes the following:


Death and legacy

She died at the Negro Masonic Home, purchased by the Freemasons for aged members and widows in 1907, in
Hannibal, Missouri Hannibal is a city along the Mississippi River in Marion and Ralls counties in the U.S. state of Missouri. According to the 2020 U.S. Census, the population was 17,312, making it the largest city in Marion County. The bulk of the city is in Mar ...
on August 31, 1910. Funeral services were held for her at the St. James African Methodist Episcopal Church in St. Louis, sponsored by the Heroines of Jericho. She was buried in Evergreen Cemetery in St. Louis. The city of St. Louis has frequently acknowledged Lucy Ann Berry's significance to local and national Black History.


See also

* Charlotte Dupuy *
Dred Scott Dred Scott (c. 1799 – September 17, 1858) was an enslaved African American man who, along with his wife, Harriet, unsuccessfully sued for freedom for themselves and their two daughters in the '' Dred Scott v. Sandford'' case of 1857, popula ...
*
Marguerite Scypion Marguerite Scypion, also known in court files as Marguerite, (1770s – after 1836) was an African- Natchez woman, born into slavery in St. Louis, then located in French Upper Louisiana. She was held first by Joseph Tayon and later by Jean Pier ...
*
List of slaves Slavery is a social-economic system under which people are enslaved: deprived of personal freedom and forced to perform labor or services without compensation. These people are referred to as slaves, or as enslaved people. The following is a ...


Notes


References


Bibliography

* * * * * * *


Further reading

* Ann Allen Shockley, ''Afro-American Women Writers 1746–1933: An Anthology and Critical Guide'', New Haven, Connecticut: Meridian Books, 1989. * Jeannine Delombard, ''Slavery On Trial: Law, Abolitionism, and Print Culture'' (Chapel Hill: University of North Carolina Press, 2007).


External links

*
"Freedom Suits"
''African-American Life in St. Louis, 1804–1865, from the Records of the St. Louis Courts'', Jefferson National Expansion Memorial, National Park Service {{DEFAULTSORT:Delaney, Lucy A. 19th-century American memoirists 19th-century American slaves People who wrote slave narratives Freedom suits in the United States United States slavery case law 1830 births 1910 deaths African-American women writers African-American writers African-American activists American women memoirists 19th-century American women writers 19th-century African-American people 19th-century African-American women