Actions in which an enslaved person sought or contested their freedom (e.g. Knight v. Wedderburn, 1778).
Legal Subject: Freedom suits |
| Case | Date | Legal Subject | Abstract |
|---|---|---|---|
| Joseph Knight, a Negro v. John Wedderburn, Esq | 1775 | Slavery and enslaved people, Freedom suits, West Indies and Atlantic trade | Joseph Knight, an enslaved African man, sued John Wedderburn to obtain his freedom from perpetual servitude after Wedderburn denied him housing for his wife and refused to allow him to leave service. Knight challenged Wedderburn’s assertion of ownership based on purchase in Jamaica and entitlement to lifetime service under English and colonial law, arguing instead for liberty under natural law, Scottish legal principles, the Somerset precedent, and his prior entry into French territory where slavery was not recognized. Wedderburn defended his property rights under British colonial law, while Knight sought freedom, wages, and damages for his enforced labor. |
| Stewart v. Graham | 1782 | Impress Service, Slavery and enslaved people, Freedom suits, Enslaved people named as property | This case addressed whether a standard press-warrant, which authorized the impressment of seamen, applied to a man who had worked aboard ships while enslaved. The man in question, James Graham, accompanied a slaveholder on voyages between Scotland and the Caribbean, performing duties such as steering and reefing. However, when Graham’s enslavement ended, he became apprenticed to Grant, Wood, and Company, a carpet manufacturing company in Glasgow. The petitioner in this case, Lieutenant William Stewart, subsequently attempted to press Graham into naval service based on his sailing experience. Grant, Wood, and Company petitioned the magistrates of Glasgow to prevent Graham’s impressment, and Graham appeared on his own behalf. After allowing the parties to gather proof, the magistrates found that Graham could not be impressed because he did not voluntarily choose a seafaring life. Lieutenant Stewart appealed to the Court of Session. |
