Born: 1719 (Ipswich, Massachusetts)
Died: After 1765
Biography:
Jenny Slew (1719 – after 1765) is known for being one of the first black Americans to successfully sue for her freedom through a trial by jury. Her life was marked by perseverance and a determination to assert her rights, making her a trailblazer in the fight against slavery and an important figure in women’s history.
Born around 1719 to Betty Slew, a free white woman, and a man of African descent, Jenny Slew grew up in Ipswich, Massachusetts. Despite having African ancestry, Jenny enjoyed her early years as a free woman. She managed to live a life of relative freedom until 1762 when her fate took a tragic turn.
In January 1762, at the age of forty-three, Jenny Slew was kidnapped from her home in Ipswich by John Whipple Jr. She was forcibly made into a servant and stripped of her liberty. This kidnapping marked a turning point in her life and led to a legal battle that would challenge the prevailing laws of the time.
In 1765, after three years of enduring enslavement, Jenny Slew decided to fight for her freedom. She filed a lawsuit against John Whipple Jr., demanding not only her freedom but also 25 pounds in damages. This was an incredibly bold move, as most colonies did not grant slaves the right to sue in court. However, Massachusetts had a unique legal system that allowed slaves to bring forward civil suits, even though they were still considered property.
Jenny Slew’s attorney, Benjamin Kent, argued that she should be considered free because her mother was a white and free woman. According to the laws prevailing at the time, a child’s legal status was determined by the mother’s race. Slew’s case was epic in that she challenged the societal norms and fought for her freedoms.
Initially, Slew filed her complaint in the Inferior Court of Common Pleas in Newburyport. However, her petition was thrown out because she filed under the name Jenny Slew, Spinster, which the court deemed incorrect since she had been married multiple times. The court charged her with the expenses of the suit, adding another hurdle to her path towards freedom.
Undeterred, Jenny Slew brought an appeal a year later to the Essex Superior Court of Judicature in Salem, Massachusetts. It was here that she faced a trial by jury, consisting of white Gentlemen. John Whipple Jr. argued that Slew could not prove her freedom and claimed to possess proof of sale for when he purchased her. He further argued that, since she had been married before, she did not have any legal rights due to the rulings of her husband. However, the court recognized that Slew was not married during the time of the trials, and her marriages had been to slaves.
In a historical precedent, the Essex Superior Court of Judicature came to the crucial decision that a child’s status as a slave or free was determined by the mother’s race. This ruling allowed Slew to claim her freedom and awarded her court costs and damages totaling four pounds. Her victory was not only a personal triumph but also a significant milestone in the fight for freedom and equality.
It is worth noting that John Adams, the future president of the United States, may have been present at Jenny Slew’s trial. Records of the trial can be found in Adams’s legal papers, and one of his diary entries suggests his involvement in the case. This serves as a testament to the impact and historical significance of Slew’s fight for freedom.
Jenny Slew’s story resonates through the ages, highlighting the determination and resilience of individuals in the face of adversity. Her success in obtaining freedom through a trial by jury set a powerful precedent for future cases. Her courage and determination make her an inspiration and an important figure in women’s history.