Nance Legins-Costley
Nance Legins-Costley, born Nance Legins Cox, an African American, was the first slave legally manumitted by attorney Abraham Lincoln, in 1841, twenty years before the start of the American Civil War.
Early life
Nance Legins Cox was born in 1813 in Kaskaskia into the household of Colonel Thomas Cox, which at that time was hosting the Illinois Territorial General Assembly. Ironically, Nance was born a slave in the capital of a supposed free territory. Not much is known about her parents except that they were also slaves of Cox.She also had a youngster sister whose name was Dice.
In the period before the trial, Nance would go from being owned by Cox to a man named Nathan Cromwell, from whom she would later fight to gain her freedom.
Legal battle
Nance was an African-American female slave who managed to have her case appealed to the Illinois Supreme Court three times before Lincoln successfully argued for her freedom, using the same Jeffersonian principle Lincoln later signed into law "...that Neither slavery nor involuntary servitude shall exist..." in the state of Illinois and later in the entire United States and its territories. Nance Legins Costley became the legal personification of the basic definition of slavery over a period of thirteen years.In her previous court attempts to gain "My personal liberty" in Nance v. Howard, 1828, the verdict read, "A servant is a possession and CAN BE SOLD". The verdict was challenged in appeal by abolitionist Maj. David Bailey in Bailey v. Cromwell,1841. Bailey's wife, Sarah Brown-Bailey, had family connections to the Underground Railroad, but Nance was with child and in no condition to travel. Major Bailey was a fellow Whig politically, who had served in the same militia unit with a young Captain Lincoln during the Black Hawk War. Abraham Lincoln argued Article VI of the Northwest Ordinance of 1787, no less than three times in court. The decision was written by Illinois Supreme Court Justice and future U.S. Senator Sidney Breese, and established two basic and sweeping precedents that reversed Nance's previous case and other slavery verdicts:
The appeal process was one of the longest in mid-19th century courts, lasting five years, from 1836 to 1841. During that time, Nance Legins Cromwell had married a free Black, Benjamin Costley, on 15 Oct. 1840, just after Lincoln agreed to take the case. The emancipation of Nance by the court took place on July 23, 1841; by that time Nance had three children, Amanda, Elisa Jane, and William, who were forever freed from indentured servitude. Nance and her children became the first four of what eventually became four million slaves freed by the 13th Amendment to the U.S. Constitution.