The Extraordinary Freedom Suits of an Enslaved Virginia Family

The amazing story of one illegally enslaved Virginia family’s dauntless legal appeal for freedom.

A presentation by VT history professor Daniel B. Thorp, author of: Seeking Justice: The Extraordinary Freedom Suits of an Enslaved Virginia Family.

Flora was an enslaved woman living in Suffield, Connecticut, who, in 1781, ran away to be with her husband in Massachusetts. Her owner recaptured Flora, took her to New York, and sold her. From there, she was taken to Montgomery County, Virginia, where she spent the rest of her life in slavery. Sixty years after her mother was brought to Virginia, Flora’s daughter, Unis, along with her two sisters and their children, sued for their freedom in what would become the longest-running freedom suit in Virginia history. This is the story of Flora and her descendants and their long legal struggle to gain their freedom.

The case began in 1841, when Unis and her sisters, with the help of sympathetic lawyers, filed petitions in the Montgomery County courts. Their claim was based on the fact that their mother, Flora, had been free under Massachusetts law at the time she was forcibly removed and sold. Over the next two decades, the case wound its way through the courts, with repeated appeals and retrials. The legal battle was grueling, marked by delays, reversals, and the ever-present threat of violence or re-enslavement for the plaintiffs.

Despite the odds, Unis and her family persisted. Their case drew the attention of abolitionists and legal reformers, who saw in it a test of the nation’s willingness to honor the principle that “once free, always free.” The freedom suits of Flora’s descendants became a rallying point for those fighting against the expansion of slavery into new territories and for the recognition of Black Americans’ rights under the law.

In 1857, after sixteen years of litigation, the Virginia Supreme Court finally ruled in favor of Unis and her family. The decision was a landmark, not only for the plaintiffs but for all enslaved people seeking justice through the courts. It affirmed that the law could, however slowly and imperfectly, be a tool for liberation. Yet the victory was bittersweet: by the time the ruling was handed down, several members of the family had died, and the nation was hurtling toward civil war.

The story of Flora and her descendants is a testament to resilience in the face of injustice. Their pursuit of freedom, through both flight and the courts, illuminates the broader struggle for justice that defined the lives of so many enslaved Americans. It is a story that deserves to be remembered, not only for its legal significance but for the courage and determination of those who refused to accept bondage as their fate.

Daniel B. Thorp

The Associate Professor of History at Virginia Tech, Thorp earned his undergraduate degree at Davidson College and both a master’s and a doctorate from Johns Hopkins University. He has been teaching at Virginia Tech since 1986, earning university awards for both teaching and undergraduate advising. He has also taught at Sunderland University in England and spent six months as a Fulbright Scholar in Wellington, New Zealand. He is the author of numerous articles and five books on a range of topics in eighteenth- and nineteenth-century American history.

His research interests focus particularly on the social, cultural, and religious dynamics of early America, with a special emphasis on the experiences of marginalized communities. Over the course of his career, Thorp has contributed to a deeper understanding of the complexities of American identity formation, often drawing on interdisciplinary approaches to illuminate the intersections of race, class, and religion. In addition to his scholarly work, he remains actively engaged in mentoring students and fostering inclusive learning environments, reflecting his ongoing commitment to both academic excellence and community engagement.