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Antebellum Period

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In the Matter of the Application of Jacob West for a Writ of Habeas Corpus (1843) In this case, Jacob West, a white man who had resided within the Cherokee Nation for thirty years, was charged with the murder of a Cherokee man in a tribal court. West petitioned for a writ of habeas corpus in federal court, claiming immunity from the tribal courts as a white man. The writ was denied by the district court judge, who argued that given West's term of residence within the tribe, he was subject to their jurisdiction: "He has made himself one of them and is to be regarded as an Indian." West was executed by the tribal court.
In the Matter of the Petition of Elihu Schooner for a Writ of Habeas Corpus (1858) 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.
In the Matter of the Petition of John Jones, alias John Cook, for a Writ of Habeas Corpus (1857) When John Jones was arrested as a fugitive from slavery, he petitioned for a writ of habeas corpus. Born free in Pennsylvania, upon hearing the facts of the case, Jones was released by the court.
In the Matter of the Petition of William M. Parkinson for a Writ of Habeas Corpus (1852) 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.
Indian Removal Act (1830) The Indian Removal Act outlined the intent and plan by the federal government to forcibly remove Native Americans "residing in any of the states or territories" and relocate them west of the Mississippi River.
James Ash v. William H. Williams (1843) In this successful freedom suit, James Ash was freed from enslavement by the Circuit Court of D.C., based on provisions in the will of his former enslaver. She stipulated that her enslaved people were not to be taken out of Maryland or sold. Should either event occur, they were to be declared free for life. Ash's new enslaver appealed the verdict, but it was affirmed by the Supreme Court.
Johnson v. McIntosh (1823) In this case, the Supreme Court ruled that only the federal government could could purchase lands from Native Americans, not private citizens. Additionally, Native communities possessed the right to occupy land only, not to own it outright.
Julia, alias Mary Ann v. Robert Duncan (1834) This freedom suit was brought on behalf of Julia, a child under the age of 21 who was unlawfully enslaved in St. Louis by the man who sold her free mother into slavery in Louisiana. Although the court granted Julia her freedom, a petition for a writ of habeas corpus filed by her mother two years later shows that Julia was still being held by her enslaver.
Letter from Dorinda to Hamilton R. Gamble (1827) Dorinda, "a free woman of color," wrote to her attorney in the midst of her freedom suit to tell him that her enslaver had violated the court's order not to remove her from the court's jurisdiction and planned to "keep me out of your reach if possible."
Letter from John Emerson to Thomas Lawson (1838) In this letter, Dred Scott's enslaver John Emerson wrote to his superiors requesting a change of post, citing numerous personal struggles including the fact that "one of my negroes in Saint Louis has sued me for his freedom." This is thought to be the only reference surviving in the historical record of the first freedom suit Dred Scott filed in Missouri courts.
List of Enslaved People Freed by Lawrence Taliaferro This undated note scribbled on the back of a document attesting to Lawrence Talliaferro's membership in the Franklin Society lists the name of 21 enslaved men and women whom Taliaferro manumitted between 1839-1843. Among the names is Harriet Robinson, the wife of Dred Scott.
Massachusetts Personal Liberty Act (1855) Passed in reaction to the Fugitive Slave Act of 1850, the Massachusetts Personal Liberty Act was among laws passed by Northern states in an attempt to protect Black residents from unwarranted arrest.
Missouri Compromise (1820) The Missouri Compromise admitted Missouri into the Union as a slave state and Maine as a free state. The compromise also suggested that slavery be prohibited north of the 36°30' latitude, which was followed until the Kansas-Nebraska Act of 1854.
Missouri v. Celia - Newspaper Coverage (1855) In 1855, the Callaway County Circuit Court in Missouri convicted eighteen-year-old Celia of murdering her enslaver. Her case considered whether she was guilty of murder or if she could be acquitted due to self-defense from sexual assault. The court ruled that Celia's enslaved status prevented her from being eligible to protect herself, and she was sentenced to death. Newspapers in Missouri reported on the murder and resulting trial.
Monroe Doctrine (1823) In an address before Congress, President James Monroe warned European powers not to interfere in the affairs of the Western Hemisphere. The United States continued to invoke the Monroe Doctrine in its foreign policy through to today.
Negroes and Mulattoes (1851) Part of the Black Codes passed by Northwest Ordinance states prior to Reconstruction, this article in the Indiana Constitution is an example of the way "free" states ensured white supremacy.
Opinion of Chief Justice Hornblower on the Fugitive Slave Law (1836) Justice Hornblower’s opinion in the State v. Sheriff of Burlington County called into question the authority of the Fugitive Slave Act. The opinion calls into question discrepancies between the federal law and state statute. This opinion is over the case of the Helmsley family. Alexander Helmsley and his wife, Nancy, were a free black couple living in New Jersey. Someone accused them of being fugitive slaves. Under the Fugitive Slave Act, the family should have been sent back to their former enslaver; however, New Jersey’s Personal Liberty Law protected them from being extradited from the state. Hornblower’s opinion advocated for following the state personal liberty law over following the federal law.
Opinion of Judge Hays on Slavery in California (1856) 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.
Paul Jones v. George W. Jones (1840) Paul Jones initiated a suit in a Wisconsin Territory court against George W. Jones for several sums of money owed to him for labor, goods, wares, and merchandise. George argued that Paul was purchased as a slave for life from French inhabitants who were entitled to hold slaves according to the Northwest Ordinance of 1787.
Prigg v. Pennsylvania (1842) The case of Prigg v. Pennsylvania evaluated the legality of Pennsylvania's personal liberty laws. Margaret Morgan moved from Maryland to Pennsylvania after being granted her freedom. When relatives of her previous enslaver wanted to reclaim her, they sent Edward Prigg to Pennsylvania to find her. Pennsylvania courts found Prigg guilty of violating the state's personal liberty laws, but the Supreme Court ruled that the federal fugitive slave laws overrule state laws.
Report of the Woman's Rights Convention Held at Seneca Falls (1848) Generally credited as the first call for equal rights for women, this document is the result of the Seneca Falls Convention of 1848. It calls for suffrage rights for women, as well as equal rights in all aspects of society. The convention was organized by Elizabeth Cady Stanton and Lucretia Mott, both women were from abolitionist families, highlighting a sharp divide between women’s rights advocates before and after the Civil War.
She's Been Her Own Mistress: The Long History of Charlotte Dupee v. Henry Clay, 1790-1840 (2020) This essay refocuses the story of Charlotte Dupee v. Henry Clay on Charlotte herself, detailing her long struggle navigating the strategies and pathways to freedom.
Slaves and Free Negroes (1849) This act passed by the Virginia General Assembly reflects the racialization of the antebellum legal code.
State of Missouri v. Celia (1855) In this case, eighteen-year-old Celia was convicted of murdering her enslaver. The case considered whether Celia was guilty of murder or if she could be acquitted due to self-defense from sexual assault. The court ruled that Celia's enslaved status prevented her from being eligible to protect herself, and she was sentenced to death.
Statement of Facts in Dred Scott v. Sanford (1854) The parties in Dred Scott v. Sandford agreed to a "Statement of Facts" about the timeline of events in Scott's life that were relevant to his freedom suit. This agreed upon evidence downplayed Dred Scott's active role in putting his case before the court.