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Winny V. Whitesides
''Winny v. Whitesides alias Prewitt'' (1 Mo. 472, 1824 WL 1839 [1824]) was the first freedom suit heard by the Supreme Court of Missouri. The case established the state's judicial criteria for an enslaved person's right to freedom. The court determined that if a slave owner took a slave into free territory and established residence there, the slave would be free. The slave remained free even if returned to slave territory, engendering the phrase "once free, always free." For two decades, the "once free, always free" precedent was upheld in a number of freedom suits. Territorial Law Winny filed suit in 1818, basing her claim on the laws of two U.S. territories, the Northwest Territory and the Louisiana Territory (renamed the Missouri Territory when the State of Louisiana joined the United States, Union in 1812). The Northwest Ordinance of 1787 established laws prohibiting slavery in the Northwest Territory, the region north of the Ohio River comprising the present-day states of ...
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Freedom Suit
Freedom suits were lawsuits in the Thirteen Colonies and the United States filed by slaves against slaveholders to assert claims to freedom, often based on descent from a free maternal ancestor, or time held as a resident in a free state or territory. The right to petition for freedom descended from English common law and allowed people to challenge their enslavement or indenture. Petitioners challenged slavery both directly and indirectly, even if slaveholders generally viewed such petitions as a means to uphold rather than undermine slavery. Beginning with the colonies in North America, legislatures enacted slave laws that created a legal basis for "just subjection;" these were adopted or updated by the state and territorial legislatures that superseded them after the United States gained independence. These codes also enabled enslaved persons to sue for freedom based on wrongful enslavement. While some cases were tried during the colonial period, the majority of petitions fo ...
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The Carolinas
The Carolinas are the U.S. states of North Carolina and South Carolina, considered collectively. They are bordered by Virginia to the north, Tennessee to the west, and Georgia to the southwest. The Atlantic Ocean is to the east. Combining North Carolina's population of 10,439,388 and South Carolina's of 5,118,425, the Carolinas have a collective population of 15,557,813 as of 2020. If the Carolinas were a single state of the United States, it would be the fifth-most populous state, behind California, Texas, Florida, and New York. The Carolinas were known as the Province of Carolina during America's early colonial period, from 1663 to 1710. Prior to that, the land was considered part of the Colony and Dominion of Virginia, from 1609 to 1663. The province, named ''Carolina'' to honor King Charles I of England, was divided into two royal colonies in 1729, although the actual date is the subject of debate. History The region was claimed as part of the Spanish territory named '' ...
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Missouri State Case Law
Missouri is a state in the Midwestern region of the United States. Ranking 21st in land area, it is bordered by eight states (tied for the most with Tennessee): Iowa to the north, Illinois, Kentucky and Tennessee to the east, Arkansas to the south and Oklahoma, Kansas and Nebraska to the west. In the south are the Ozarks, a forested highland, providing timber, minerals, and recreation. The Missouri River, after which the state is named, flows through the center into the Mississippi River, which makes up the eastern border. With more than six million residents, it is the 19th-most populous state of the country. The largest urban areas are St. Louis, Kansas City, Springfield and Columbia; the capital is Jefferson City. Humans have inhabited what is now Missouri for at least 12,000 years. The Mississippian culture, which emerged at least in the ninth century, built cities and mounds before declining in the 14th century. When European explorers arrived in the 17th century, ...
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Dred Scott V
Dred may refer to: People * Mike Dred (born 1967), pseudonym of British musical artist Michael C. Cullen * Dred Foxx, hip hop artist and voice of video game character PaRappa * Dred Scott (ca. 1795 – September 17, 1858), American slave who sued unsuccessfully for his freedom in 1856 * Dred Scott (rapper), American rapper, songwriter and music producer Other * Department of Resources and Economic Development (DRED), a former government agency in the U.S. state of New Hampshire, superseded by the state's Department of Business and Economic Affairs (DBEA) and Department of Natural and Cultural Resources (DNCR) *'' Dred: A Tale of the Great Dismal Swamp'', the second novel from American author Harriet Beecher Stowe * '' Dred Scott v. Sandford'', an 1857 landmark decision of the United States Supreme Court See also * Dread (other) * Dredd (other) Dredd may refer to: Judge Dredd/2000AD fictional universe * Judge Dredd (character) (Joseph Dredd), fictional charac ...
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Dred Scott
Dred Scott (c. 1799 – September 17, 1858) was an enslaved African American man who, along with his wife, Harriet, unsuccessfully sued for freedom for themselves and their two daughters in the '' Dred Scott v. Sandford'' case of 1857, popularly known as the "Dred Scott decision". The case centered on Dred and Harriet Scott and their children, Eliza and Lizzie. The Scotts claimed that they should be granted their freedom because Dred had lived in Illinois and the Wisconsin Territory for four years, where slavery was illegal, and laws in those jurisdictions said that slaveholders gave up their rights to slaves if they stayed for an extended period. In a landmark case, the United States Supreme Court decided 7–2 against Scott, finding that neither he nor any other person of African ancestry could claim citizenship in the United States, and therefore Scott could not bring suit in federal court under diversity of citizenship rules. Moreover, Scott's temporary residence in free ...
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Rachel V
Rachel () was a Biblical figure, the favorite of Jacob's two wives, and the mother of Joseph and Benjamin, two of the twelve progenitors of the tribes of Israel. Rachel's father was Laban. Her older sister was Leah, Jacob's first wife. Her aunt Rebecca was Jacob's mother. After Leah conceived again, Rachel was finally blessed with a son, Joseph, who would become Jacob's favorite child. Children Rachel's son Joseph was destined to be the leader of Israel's tribes between exile and nationhood. This role is exemplified in the Biblical story of Joseph, who prepared the way in Egypt for his family's exile there. After Joseph's birth, Jacob decided to return to the land of Canaan with his family. Fearing that Laban would deter him, he fled with his two wives, Leah and Rachel, and twelve children without informing his father-in-law. Laban pursued him and accused him of stealing his idols. Indeed, Rachel had taken her father's idols, hidden them inside her camel's seat cushion, and ...
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Kentucky
Kentucky ( , ), officially the Commonwealth of Kentucky, is a state in the Southeastern region of the United States and one of the states of the Upper South. It borders Illinois, Indiana, and Ohio to the north; West Virginia and Virginia to the east; Tennessee to the south; and Missouri to the west. Its northern border is defined by the Ohio River. Its capital is Frankfort, and its two largest cities are Louisville and Lexington. Its population was approximately 4.5 million in 2020. Kentucky was admitted into the Union as the 15th state on June 1, 1792, splitting from Virginia in the process. It is known as the "Bluegrass State", a nickname based on Kentucky bluegrass, a species of green grass found in many of its pastures, which has supported the thoroughbred horse industry in the center of the state. Historically, it was known for excellent farming conditions for this reason and the development of large tobacco plantations akin to those in Virginia and North Carolin ...
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Missouri General Assembly
The Missouri General Assembly is the state legislature of the U.S. state of Missouri. The bicameral General Assembly is composed of a 34-member Senate and a 163-member House of Representatives. Members of both houses of the General Assembly are subject to term limits. Senators are limited to two four-year terms and representatives to four two-year terms, a total of 8 years for members of both houses. The General Assembly meets at the Missouri State Capitol in Jefferson City. Qualifications Members of the House of Representatives must be 24 years of age to be elected. Representatives also must be a qualified Missouri voter for two years, and a resident of the county or district of their constituency for one year. Senators must be 30 years of age, a qualified Missouri voter for three years, and similar to House qualifications, must be a resident of their senatorial constituency for one year prior to their election. Sessions and quorum According to Article III, Section 20 of the ...
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United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the national frame of government. Its first three articles embody the doctrine of the separation of powers, whereby the federal government is divided into three branches: the legislative, consisting of the bicameral Congress ( Article I); the executive, consisting of the president and subordinate officers ( Article II); and the judicial, consisting of the Supreme Court and other federal courts ( Article III). Article IV, Article V, and Article VI embody concepts of federalism, describing the rights and responsibilities of state governments, the states in relationship to the federal government, and the shared process of constitutional amendment. Article VII establishes the procedure subsequently used by the 13 states to ratify it. It is ...
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George Tompkins
George Tompkins (March 20, 1780 – April 7, 1846) was a justice of the Missouri Supreme Court from 1824 to 1845.William Van Ness Bay, ''Reminiscences of the Bench and Bar of Missouri'' (1878), p. 30-36. Early life Born in Caroline County, Virginia, the second youngest of thirteen children, Tompkins was of English descent, his ancestors having been among the early settlers of Virginia. His family "owned large tracts of land and many slaves, and were largely engaged in the cultivation of tobacco". His parents were Benjamin Tompkins and Elizabeth Goodloe. Sometime around the age of seventeen or eighteen, he left Virginia and lived in Ohio and in Jefferson County, Kentucky for several years. He taught school and also studied law in his free time. He did not stay in Kentucky long before moving to Missouri. In Missouri, Tompkins taught at the first English school in St. Louis, where most inhabitants spoke French. Law and judicial career He settled in Franklin, Howard County, Misso ...
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Mathias McGirk
Mathias McGirk (1790–1842) of Montgomery County, Missouri, was a justice of the Missouri Supreme Court from 1821 to 1841. Born in Tennessee, McGirk studied law there before moving to St. Louis around 1814. he served in the Territorial Missouri General Assembly,L. C. Krauthoff, ''The Supreme Court of Missouri'', in Horace Williams Fuller, ed., '' The Green Bag'' (1891), Vol. 3, p. 165. where in 1816 he was the author of the bill to introduce the common law to Missouri. The bill "passed as he framed it, and many other important statutes were introduced and passed of which he was the author".William Van Ness Bay, ''Reminiscences of the Bench and Bar of Missouri'' (1878), p. 536-37. He was thereafter appointed as one of the first three judges of the state supreme court in 1821. His colleagues were John D. Cook and John Rice Jones, and their commissions issued in 1820. McGirk relocated to Montgomery County around 1827 or 1828. He "practiced in all the courts of that circuit, and h ...
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Continental Congress
The Continental Congress was a series of legislative bodies, with some executive function, for thirteen of Britain's colonies in North America, and the newly declared United States just before, during, and after the American Revolutionary War. The term "Continental Congress" most specifically refers to the First and Second Congresses of 1774–1781 and, at the time, was also used to refer to the Congress of the Confederation of 1781–1789, which operated as the first national government of the United States until being replaced under the Constitution of the United States. Thus, the term covers the three congressional bodies of the Thirteen Colonies and the new United States that met between 1774 and 1789. The First Continental Congress was called in 1774 in response to growing tensions between the colonies culminating in the passage of the Intolerable Acts by the British Parliament. It met for about six weeks and sought to repair the fraying relationship between Britain and ...
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