The snake was scotched, not killed, by this election. There were no more
attempts to legalize slavery by political agency, but persevering
efforts were made to perpetuate it by judicial decisions resting upon
old French law and the Territorial Indenture Act of 1812. Frequent law
suits were brought by negroes, who claimed the right of freedom on the
ground that their period of indenture had expired, or that they had
never signed an indenture, or that they had been born free, or that
their masters had brought them into Illinois after the state
constitution, which prohibited slavery, had been adopted. In this
litigation Trumbull was frequently engaged on the side of the colored
people.
In 1842, a colored woman named Sarah Borders, with three children, who
was held under the indenture law by one Andrew Borders in Randolph
County, escaped and made her way north as far as Peoria County. She and
her children were there arrested and confined in a jail as fugitive
slaves. They were brought before a justice of the peace, who decided
that they were illegally detained and were entitled to their freedom. An
appeal was taken by Borders to the county court, which reversed the
action of the justice. The case eventually went to the supreme court,
where Lyman Trumbull and Gustave Koerner appeared for the negro woman in
December, 1843, and argued that slavery was unlawful in Illinois and had
been so ever since the enactment of the Ordinance of 1787. The court
decided against them.[14]
Trumbull was not discouraged by the decision in this case. Shortly
afterward he appeared before the supreme court again in the case of
Jarrot _vs._ Jarrot, in which he won a victory which practically put an
end to slavery in the state. Joseph Jarrot, a negro, sued his mistress,
Julia Jarrot, for wages, alleging that he had been held in servitude
contrary to law. The plaintiff's grandmother had been the slave of a
Frenchman in the Illinois country before it passed under the
jurisdiction of the United States. His mother and himself had passed by
descent to Julia Jarrot, nobody objecting. Fifty-seven years had elapsed
since the passage of the Ordinance of 1787 and twenty-six since the
adoption of the state constitution, both of which had prohibited slavery
in Illinois. The previous decisions in the court of last resort had
generally sustained the claims of the owners of slaves held under the
French régime and their descendants, and also those held under the
so-called indenture system. Now, however, the court swept away the whole
basis of slavery in the state, of whatever kind or description,
declaring, as Trumbull had previously contended, that the Congress of
the Confederation had full power to pass the Ordinance of 1787, that no
person born since that date could be held as a slave in Illinois, and
that any slave brought into the state by his master, or with the
master's consent, since that date became at once free. It followed that
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