 A Suit for Freedom in California (Biddy Mason) |
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In the decision in this case, a California judge ruled that Biddy Mason and her three children, as well as a woman named Hannah and her nine children and grandchildren, were "free forever" after their enslaver brought them into the free state of California to reside. The judge's opinion was published in the official newspaper of the American Anti-Slavery Society.
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| Abortion deemed manslaughter in the second degree (N. Y. Rev. Stat. 1830) |
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The New York state statute regarding abortion reflects the diverse landscape of abortion law in the nineteenth century.
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| An Act Further to Protect Personal Liberty |
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This Massachusetts personal liberty law aimed to counteract the Fugitive Slave Act of 1793 by forbidding state-level judges and law enforcement officers from arresting or detaining any person "for the reason that he is claimed as a fugitive slave."
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| An Act respecting slaves, free negroes and mulattoes |
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This Missouri law is one of the Black Codes designed to ensure white supremacy prior to the Civil War, limiting literacy and assembly for enslaved people as well as preventing interstate travel for free Black people.
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| An Act to Amend "An Act Relative to Crime and Punishment" |
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The Indiana state statute regarding abortion reflects the diverse landscape of abortion law in the nineteenth century. This law punished individuals for helping pregnant women obtain a miscarriage.
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| An Act to Prevent Kidnapping |
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This act is Pennsylvania's first personal liberty law. It was written to counteract the Fugitive Slave Act of 1793 and preserve the ability of free Black people to live in Pennsylvania. The act made kidnapping any Black person a felony punishable by large fines and lengthy imprisonment. It also fined any state official that took cognizance of the case of "any fugitive from labor."
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| An Act to Prevent the Immigration of Free Negroes into this State |
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This Illinois law was prohibited African Americans from moving into the state. Part of the series of laws known as Black Codes, this law and others like it intended to ensure racial inequality prior to the Civil War. Black people who resided in the state for longer than ten days could face arrest, fines, and sale by auction. Any white citizen who reported their presence was given half of the fine paid by the Black person.
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| Ann Williams, Ann Maria Williams, Tobias Williams, & John Williams v. George Miller & George Miller Jr. |
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This successful freedom suit, brought by Ann Williams and based on importation bans, showed legal challenges to slavery in Washington, D.C.
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| Aspisa v. Hardage Lane |
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In this freedom suit, Aspisa sued for her freedom, arguing that her mother's residence in the free Northwest Territory before being taken to St. Louis where Aspisa was born entitled her to her freedom. Aspisa had filed previously against former enslavers including Joseph Rosati, the first Bishop of Saint Louis. A jury decided in favor of Aspisa's freedom in 1839, however, in a subsequent trial, the court determined her status was enslaved.
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 Broadside Reacting to the Fugitive Slave Act |
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This broadside was distributed in Boston following the passage of the Fugitive Slave Act of 1850.
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| Charlotte Dupee, Charles, & Mary Ann v. Henry Clay |
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In this freedom suit, Charlotte Dupee sought to claim freedom for herself and her children from Henry Clay, the outgoing Secretary of State and leading Whig Senator from Kentucky. While the courts did find in her favor, Charlotte continued to resist her enslavement until she and her daughter Mary Ann were ultimately manumitted 1840.
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| Cherokee Nation v. the State of Georgia |
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This landmark Supreme Court case in Federal Indian Law introduced the concept of domestic dependent nations. In this case, the Cherokee Nation sued the state of Georgia in an attempt to prevent the enforcement of laws that stripped the Cherokee of their rights and land. The Court ruled that as the Cherokee Nation was a "domestic dependent nation" not a foreign nation, they did not have the legal standing to bring the case to court.
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| Cherokee Removal Order |
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This broadside details the United States Army orders to force Cherokees from their home districts in Tennessee during removal.
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| Constitution of Oregon |
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Oregon became a state with a Black exclusion law in its constitution. Drafted in 1857 by delegates at a territorial convention, several sections of the constitution reflect Oregon voters' goal of creating a white-only state.
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| Constitution of the Hawaiian Kingdom (1840) |
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In this constitution, King Kamehameha III relinquished his absolute powers as ruler and established the equality of his subjects before the law.
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| Dred Scott v. Sandford |
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Dred Scott was owned by Dr. John Emerson. Emerson took Scott into Wisconsin, a free state. While living in a free territory, Scott got married and had children, believing he and his family were free. He was later taken back to Missouri where he sued for his freedom. The case ultimately decided that black people could not sue in federal court, and Justice Robert B. Taney said that black people were never meant to be included in the body politic. Dred Scott was later central to the Lincoln-Douglas debates.
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| Edward Gantt v. Thomas Baldwin |
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This case centers on the whereabouts of a mixed race woman named Fanny who was enslaved by Edward Gantt. Gantt claimed that while aboard a steamboat captained by Thomas Baldwin, Fanny went missing. Gantt brought an action in trover against Baldwin to recover the monetary value of Fanny, $1,500. Witnesses deposed on behalf of Baldwin claimed that no such woman was ever on board, and also described the people of color who worked on the boat as well as those enslaved by passengers.
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| Elihu Schooner v. State of Missouri |
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When Elihu Schooner was arrested as a fugitive from slavery, he petitioned for a writ of habeas corpus. Born free in Ohio, upon hearing the facts of the case, Schooner was released by the court.
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| Equal Protection, Reconstruction, and the Meaning of the 14th Amendment |
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This teaching module discusses the 14th Amendment and the implications of equal protection under the law, featuring a webinar with Kate Masur, author of the 2021 book, Until Justice Be Done: America's First Civil Rights Movement, from the Revolution to Reconstruction.
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| Fugitive Slave Act of 1850 |
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The Fugitive Slave Act of 1850 was a part of the Compromise of 1850. The act addressed weaknesses in previous fugitive slave acts by penalizing officials who did not aid in returning escaped slaves. The Fugitive Slave Act of 1850 rendered Habeas Corpus irrelevant.
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| I Did Not Want to Go: An Enslaved Woman's Leap into the Capital's Conscience |
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This essay details the ordeal of Anna, or Ann Williams, a victim of human trafficking in antebellum Washington, D.C. The essay also offers an analysis of the evolution of her narrative during the nineteenth century.
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| In the Matter of Hannah and Biddy and their children on Petition for Habeas Corpus |
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In the decision in this case, a California judge ruled that Biddy Mason and her three children, as well as a woman named Hannah and her nine children and grandchildren, were "free forever" after their enslaver brought them into the free state of California to reside.
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| In the Matter of Julia alias Mary Ann on Habeas Corpus |
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In 1834, Julia successfully filed a freedom suit in St. Louis. Two years later, her mother, having secured her own freedom, petitioned for a writ of habeas corpus on behalf of Julia, claiming that she was still being held by her former enslavers. When Julia was presented to the court, the writ was discharged, the court "being satisfied that she is contented with her situation, and does not wish to exchange it."
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| In the Matter of Ralph on Habeas Corpus |
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Ralph was an enslaved Black man who made an agreement with his Missouri enslaver to purchase his freedom. In order to earn the sum, Ralph was permitted to move to Dubuque in order to work in the lead mines. When he failed to pay the money after several years, his enslaver came to Dubuque with the intention of taking Ralph back to Missouri. Ralph appeared before the Court on a writ of habeas corpus, where the Court found that as slavery was prohibited in Iowa Territory, he was entitled to his freedom. This case was the first case heard by the Supreme Court of Iowa.
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| In the matter of the Petition of William M. Parkinson for a Writ of Habeas Corpus |
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The habeas corpus petition of William M. Parkinson shows legal challenges related to child custody in the nineteenth century. In this case, a father used habeas corpus in an attempt to retrieve his nine-year-old son from his ex-wife and her new husband. The child's fate is unknown.
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