Peoria in Peoria County, Illinois — The American Midwest (Great Lakes)
Nance Legins-Costley
Photographed By Duane and Tracy Marsteller, December 29, 2023
1. Nance Legins-Costley Marker
Inscription.
Nance Legins-Costley is known to history as the first enslaved person Abraham Lincoln helped free. She was born in 1813 into indentured servitude in Kaskaskia, Illinois Territory, to slaves Randol and Annachy Legins. In 1827 in Springfield, Nance, a slave of Col. Thomas Cox, was auctioned and bought by Nathan Cromwell for $151, but she refused consent to the contract and was punished severely. She challenged her servitude in court, but in the Illinois Supreme Court case Nance v. Howard (1828) she was ruled the ward and servant of Cromwell, who brought her to Pekin in 1829. Cromwell sold Nance to David Bailey of Pekin, but when Nance said she had never consented to indentured servitude, Bailey allowed her to live nearby as a free woman. He declined to pay the promissory note after Cromwell's death in 1836 since Nance said she was free. Bailey was sued in Cromwell v. Bailey (1838) and lost, but he appealed to the Illinois Supreme Court in the landmark case Bailey v. Cromwell (1841), in which his attorney Abraham Lincoln argued successfully for the freedom of Nance and her first three children. Justice Sidney Breese affirmed Lincoln's legal reasoning relying on the language of the Northwest Ordinance and the Illinois Constitution, that “neither slavery nor involuntary servitude” may exist in Illinois. This affirmed Illinois' standing as a free state and helped close the indenture loophole by which slavery had endured. Nance married Benjamin Costley in Pekin and raised eight children. Their eldest son, William, was a Union Civil War soldier present at Juneteenth. In the 1870s, the Costleys moved to Peoria, where Ben died in 1883 and Nance in 1892. They and their son Leander are among the many buried in Moffatt Cemetery.
Nance Legins-Costley is known to history as the first enslaved person
Abraham Lincoln helped free. She was born in 1813 into indentured
servitude in Kaskaskia, Illinois Territory, to slaves Randol and Annachy
Legins. In 1827 in Springfield, Nance, a slave of Col. Thomas Cox, was
auctioned and bought by Nathan Cromwell for $151, but she refused
consent to the contract and was punished severely. She challenged her
servitude in court, but in the Illinois Supreme Court case Nance v. Howard
(1828) she was ruled the ward and servant of Cromwell, who brought her to
Pekin in 1829. Cromwell sold Nance to David Bailey of Pekin, but when Nance
said she had never consented to indentured servitude, Bailey allowed her
to live nearby as a free woman. He declined to pay the promissory note
after Cromwell's death in 1836 since Nance said she was free. Bailey was
sued in Cromwell v. Bailey (1838) and lost, but he appealed to the Illinois
Supreme Court in the landmark case Bailey v. Cromwell (1841), in which his
attorney Abraham Lincoln argued successfully for the freedom of Nance
and her first three children. Justice Sidney Breese affirmed Lincoln's legal
reasoning relying on the language of the Northwest Ordinance and the
Illinois Constitution, that “neither slavery nor involuntary servitude” may
exist in
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Illinois. This affirmed Illinois' standing as a free state and helped
close the indenture loophole by which slavery had endured. Nance married
Benjamin Costley in Pekin and raised eight children. Their eldest son,
William, was a Union Civil War soldier present at Juneteenth. In the 1870s, the
Costleys moved to Peoria, where Ben died in 1883 and Nance in 1892. They and
their son Leander are among the many buried in Moffatt Cemetery.
Erected 2022 by Abraham Lincoln Association • William G. Pomeroy Foundation • Illinois State Historical Society.
Location. 40° 39.794′ N, 89° 37.947′ W. Marker is in Peoria, Illinois, in Peoria County. Marker is at the intersection of Southwest Adams Street and South Griswold Street, on the right when traveling west on Southwest Adams Street. Touch for map. Marker is at or near this postal address: 3917 SW Adams St, Peoria IL 61605, United States of America. Touch for directions.
Also see . . . Nance Legins Costley. Born into a culture that persistently denied African Americans their right to freedom, Nance Legins Costley proved herself to be a woman of singular bravery and resilience when she took an important public stand for her own legal emancipation, setting a precedent that helped numerous others secure their own freedom. (The Randolph Society) (Submitted on January 12, 2024, by Duane and Tracy Marsteller of Murfreesboro, Tennessee.)
Credits. This page was last revised on January 12, 2024. It was originally submitted on January 12, 2024, by Duane and Tracy Marsteller of Murfreesboro, Tennessee. This page has been viewed 59 times since then. Photos:1, 2. submitted on January 12, 2024, by Duane and Tracy Marsteller of Murfreesboro, Tennessee.