Martin V. Massachusetts
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Martin V. Massachusetts
''Martin v. Commonwealth of Massachusetts'' (1 Mass. Reports 348) was an 1805 legal case decided by the Supreme Judicial Court of Massachusetts, presided over by Francis Dana. It was influential in setting a legal precedent that US married women did not have separate formal political citizenship from their husbands. Facts of the case James Martin was the son of William Martin and Anna Gordon Martin, British Loyalists who had fled Massachusetts during the political turmoil of the American Revolution. Anna Gordon Martin had brought significant amounts of real estate into her marriage; through a complicated set of legal arrangements, her husband William had only a life interest in the property. After her father’s death in 1770, Anna inherited over 800 acres of land, a farm, a house and stables. Because the Martins, like other Loyalists, had fled Massachusetts, the post-revolutionary government of Massachusetts had confiscated Anna Gordon Martin's land as state property. James M ...
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Massachusetts Supreme Judicial Court
The Massachusetts Supreme Judicial Court (SJC) is the highest court in the Commonwealth of Massachusetts. Although the claim is disputed by the Supreme Court of Pennsylvania, the SJC claims the distinction of being the oldest continuously functioning appellate court in the Americas, with a recognized history dating to the establishment of the Massachusetts Superior Court of Judicature in 1692 under the charter of the Province of Massachusetts Bay. Although it was historically composed of four associate justices and one chief justice, the court is currently composed of six associate justices and one chief justice. History The Massachusetts Supreme Judicial Court traces its history back to the high court of the British Province of Massachusetts Bay, which was chartered in 1692. Under the terms of that charter, Governor Sir William Phips established the Superior Court of Judicature as the province's local court of last resort (some of the court's decisions could be appealed ...
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Francis Dana
Francis Dana (June 13, 1743 – April 25, 1811) was an American Founding Father, lawyer, jurist, and statesman from Massachusetts. He served as a delegate to the Continental Congress in 1777–1778 and 1784. A signer of the Articles of Confederation, he was secretary to the diplomatic mission that negotiated the end of the American Revolution, and was appointed Minister to Russia. He later served as a member of the Supreme Judicial Court of Massachusetts and served as the chief justice for 15 years. Dana's wife Elizabeth was a daughter of Ann Remington and William Ellery, a signer of the Declaration of Independence. He was also the father-in-law of Washington Allston, a noted painter and poet. Biography Francis was born in Charlestown, Massachusetts, the son of lawyer Richard Dana. He was educated at Harvard where he graduated in 1762, then read law and was admitted to the bar, after which he built a successful legal practice in Boston. Being an opponent of the British c ...
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:Citizenship
Citizenship is a membership and allegiance to a sovereign state. Though citizenship is often conflated with nationality in today's English-speaking world, international law does not usually use the term ''citizenship'' to refer to nationality; these two notions are conceptually different dimensions of collective membership. Generally citizenships have no expiration and allow persons to work, reside and vote in the polity, as well as identify with the polity, possibly acquiring a passport. Though through discriminatory laws, like disfranchisement and outright apartheid, citizens have been made second-class citizens. Historically, populations of states were mostly subjects, while citizenship was a particular status which originated in the rights of urban populations, like the rights of the male public of cities and republics, particularly ancient city-states, giving rise to a civitas and the social class of the burgher or bourgeoisie. Since then states have expanded the status o ...
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Loyalist (American Revolution)
Loyalists were refugee colonists from Thirteen Colonies, thirteen of the 20 British American colonies who remained loyal to the British Crown, British crown during the American Revolution, often referred to as Tories, Royalists, or King's Men at the time. They were opposed by the Patriot (American Revolution), Patriots or Whigs, who supported the revolution and considered them "persons inimical to the liberties of America." Prominent Loyalists repeatedly assured the Government of the United Kingdom, British government that many thousands of them would spring to arms and fight for the Crown. The British government acted in expectation of that, especially during the Southern theater of the American Revolutionary War, Southern campaigns of 1780 and 1781. Britain was able to effectively protect the people only in areas where they had military control, thus the number of military Loyalists was significantly lower than what had been expected. Loyalists were often under suspicion of t ...
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American Revolution
The American Revolution (1765–1783) was a colonial rebellion and war of independence in which the Thirteen Colonies broke from British America, British rule to form the United States of America. The revolution culminated in the American Revolutionary War, which was launched on April 19, 1775, in the Battles of Lexington and Concord. Leaders of the American Revolution were Founding Fathers of the United States, colonial separatist leaders who, as British subjects, initially Olive Branch Petition, sought incremental levels of autonomy but came to embrace the cause of full independence and the necessity of prevailing in the Revolutionary War to obtain it. The Second Continental Congress, which represented the colonies and convened in present-day Independence Hall in Philadelphia, formed the Continental Army and appointed George Washington as its commander-in-chief in June 1775, and unanimously adopted the United States Declaration of Independence, Declaration of Independence ...
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Confiscation Of Property
Confiscation (from the Latin ''confiscatio'' "to consign to the ''fiscus'', i.e. transfer to the treasury") is a legal form of seizure by a government or other public authority. The word is also used, popularly, of spoliation under legal forms, or of any seizure of property as punishment or in enforcement of the law. Scope As a punishment, it differs from a fine in that it is not primarily meant to match the crime but rather reattributes the criminal's ill-gotten spoils (often as a complement to the actual punishment for the crime itself; still common with various kinds of contraband, such as protected living organisms) to the community or even aims to rob them of their socio-economic status, in the extreme case reducing them to utter poverty, or if he or she is condemned to death even denies them the power to bequeath inheritance to their legal heirs. Meanwhile, limited confiscation is often in function of the crime, the rationale being that the criminal must be denied the fruit ...
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Coverture
Coverture was a legal doctrine in English common law under which a married woman's legal existence was considered to be merged with that of her husband. Upon marriage, she had no independent legal existence of her own, in keeping with society's expectation that her husband was to provide for and protect her. Under coverture a woman became a , whose legal rights and obligations were mostly subsumed by those of her husband. An unmarried woman, or , retained the right to own property and make contracts in her own name. Coverture was well established in the common law for several centuries and was inherited by many other common law jurisdictions, including the United States. According to historian Arianne Chernock, coverture did not apply in Scotland, but whether it applied in Wales is unclear. After the rise of the women's rights movement in the mid-19th century, coverture was increasingly criticised as oppressive, hindering women from exercising ordinary property rights and ent ...
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Expatriation Act Of 1907
The Expatriation Act of 1907 ( 59th Congress, 2nd session, chapter 2534, enacted March 2, 1907) was an act of the 59th United States Congress concerning retention and relinquishment of United States nationality by married women and Americans residing abroad. It effectively functioned as Congressional endorsement of the various ''ad hoc'' rulings on loss of United States nationality that had been made by the State Department since the enactment of the Expatriation Act of 1868. Some sections of it were repealed by other acts in the early 1920s; those sections which remained were codified at , but those too were repealed by the Nationality Act of 1940, . Available in scanned foron the website of the University of Washington Bothell. when the question of dual citizenship arose. Background This act was an attempt by Congress to resolve issues related to the status of citizenship, including those Americans living outside the United States, married women, and children born outside the ...
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Cable Act
The Cable Act of 1922 (ch. 411, 42 Stat. 1021, "Married Women's Independent Nationality Act") was a United States federal law that partially reversed the Expatriation Act of 1907. (It is also known as the Married Women's Citizenship Act or the Women's Citizenship Act). In theory the law was designed to grant women their own national identity; however, in practice, as it still retained vestiges of coverture, tying a woman's legal identity to her husband's, it had to be amended multiple times before it granted women citizenship in their own right. Background As early as 1804, US Naturalization Acts specifically tied married women's access to citizenship to their state of marriage. Provisions of the Naturalization Act of 1855 extended coverture by tying wives' citizenship and those of her children to the citizenship of their white husband or father. Upon passage of the Expatriation Act of 1907, marriage completely determined a woman's nationality. The law held that all wives ac ...
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1805 In United States Case Law
Eighteen or 18 may refer to: * 18 (number) * One of the years 18 BC, AD 18, 1918, 2018 Film, television and entertainment * ''18'' (film), a 1993 Taiwanese experimental film based on the short story ''God's Dice'' * ''Eighteen'' (film), a 2005 Canadian dramatic feature film * 18 (British Board of Film Classification), a film rating in the United Kingdom, also used in Ireland by the Irish Film Classification Office * 18 (''Dragon Ball''), a character in the ''Dragon Ball'' franchise * "Eighteen", a 2006 episode of the animated television series ''12 oz. Mouse'' Science * Argon, a noble gas in the periodic table * 18 Melpomene, an asteroid in the asteroid belt Music Albums * ''18'' (Moby album), 2002 * ''18'' (Nana Kitade album), 2005 * '' 18...'', 2009 debut album by G.E.M. * ''18'' (Jeff Beck and Johnny Depp album), 2022 Songs * "18" (5 Seconds of Summer song), from their 2014 eponymous debut album * "18" (One Direction song), from their 2014 studio album ''Four'' * ...
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Massachusetts State Case Law
Massachusetts ( ; ), officially the Commonwealth of Massachusetts, is a state in the New England region of the Northeastern United States. It borders the Atlantic Ocean and the Gulf of Maine to its east, Connecticut and Rhode Island to its south, New Hampshire and Vermont to its north, and New York to its west. Massachusetts is the sixth-smallest state by land area. With a 2024 U.S. Census Bureau-estimated population of 7,136,171, its highest estimated count ever, Massachusetts is the most populous state in New England, the 16th-most-populous in the United States, and the third-most densely populated U.S. state, after New Jersey and Rhode Island. Massachusetts was a site of early English colonization. The Plymouth Colony was founded in 1620 by the Pilgrims of ''Mayflower''. In 1630, the Massachusetts Bay Colony, taking its name from the Indigenous Massachusett people, also established settlements in Boston and Salem. In 1692, the town of Salem and surrounding areas e ...
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