Commonwealth V. Aves
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Commonwealth V. Aves
''Commonwealth v. Aves'', 35 Mass. 193 (1836), was a case in the Massachusetts Supreme Judicial Court on the subject of transportation of slaves to free states. In August 1836, Chief Justice Lemuel Shaw ruled that slaves brought to Massachusetts "for any temporary purpose of business or pleasure" were entitled to freedom. The case was the most important legal victory for abolitionists in the 1830s and set a major precedent throughout the North.Finkelman (2015), p. 85. History In 1836, Mary Aves Slater of New Orleans went to Boston to visit Thomas Aves, her father. She brought with her a six-year-old girl named Med who, under Louisiana law, was considered the property of Slater's husband, Samuel Slater. When members of the Boston Female Anti-Slavery Society learned that an enslaved girl was staying in Boston, they hired attorney Rufus Choate to bring the matter to court. Choate was joined by abolitionist attorneys Ellis Gray Loring and Samuel E. Sewall. A writ of ''habeas corp ...
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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 to cour ...
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Doctrine Of Comity
In law, comity is "a practice among different political entities (as countries, states, or courts of different jurisdictions)" involving the "mutual recognition of legislative, executive, and judicial acts." Etymology Comity derives from the Latin ''comitas'', courtesy, from ''cemis'', friendly, courteous. International law The doctrine of international comity has been described variously "as a choice-of-law principle, a synonym for private international law, a rule of public international law, a moral obligation, expediency, courtesy, reciprocity, utility, or diplomacy. Authorities disagree as to whether comity is a rule of natural law, custom, treaty, or domestic law. Indeed, there is not even agreement that comity is a rule of law at all." Because the doctrine touches on many different principles, it is regarded as "one of the more confusing doctrines evoked in cases touching upon the interests of foreign states." The doctrine of international comity was created b ...
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1836 In Massachusetts
Events January–March * January 1 – Queen Maria II of Portugal marries Prince Ferdinand Augustus Francis Anthony of Saxe-Coburg-Gotha. * January 5 – Davy Crockett arrives in Texas. * January 12 ** , with Charles Darwin on board, reaches Sydney. ** Will County, Illinois, is formed. * February 8 – London and Greenwich Railway opens its first section, the first railway in London, England. * February 16 – A fire at the Lahaman Theatre in Saint Petersburg kills 126 people."Fires, Great", in ''The Insurance Cyclopeadia: Being an Historical Treasury of Events and Circumstances Connected with the Origin and Progress of Insurance'', Cornelius Walford, ed. (C. and E. Layton, 1876) p76 * February 23 – Texas Revolution: The Battle of the Alamo begins, with an American settler army surrounded by the Mexican Army, under Santa Anna. * February 25 – Samuel Colt receives a United States patent for the Colt revolver, the first revolving barrel multishot firearm ...
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Massachusetts State Case Law
Massachusetts (Massachusett: ''Muhsachuweesut Massachusett_writing_systems.html" ;"title="nowiki/> məhswatʃəwiːsət.html" ;"title="Massachusett writing systems">məhswatʃəwiːsət">Massachusett writing systems">məhswatʃəwiːsət'' English: , ), officially the Commonwealth of Massachusetts, is the most populous state in the New England region of the Northeastern United States. It borders on the Atlantic Ocean and Gulf of Maine to the east, Connecticut and Rhode Island to the south, New Hampshire and Vermont to the north, and New York to the west. The state's capital and most populous city, as well as its cultural and financial center, is Boston. Massachusetts is also home to the urban core of Greater Boston, the largest metropolitan area in New England and a region profoundly influential upon American history, academia, and the research economy. Originally dependent on agriculture, fishing, and trade. Massachusetts was transformed into a manufacturing center during the ...
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Abolition Riot Of 1836
The Abolition Riot of 1836 took place in Boston, Massachusetts (U.S.) in the Massachusetts Supreme Judicial Court. In August 1836, Eliza Small and Polly Ann Bates, two enslaved women from Baltimore who had run away, were arrested in Boston and brought before Chief Justice Lemuel Shaw. The judge ordered them freed because of a problem with the arrest warrant. When the agent for their enslaver requested a new warrant, the spectators—mostly African-American women—rioted in the courtroom and rescued Small and Bates. The incident was one of several slave rescue efforts that took place in Boston. Controversy over the fate of George Latimer led to the passage of the 1843 Liberty Act, which prohibited the arrest of fugitive slaves in Massachusetts. Abolitionists rose to the defense of Ellen and William Craft in 1850, Shadrach Minkins in 1851, and Anthony Burns in 1854. An attempt to rescue Thomas Sims in 1852 was unsuccessful. Background In 1836, Boston was home to about 1,875 f ...
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Maria Weston Chapman
Maria Weston Chapman (July 25, 1806 – July 12, 1885) was an American Abolitionism in the United States, abolitionist. She was elected to the executive committee of the American Anti-Slavery Society in 1839 and from 1839 until 1842, she served as editor of the anti-slavery journal ''The Non-Resistant''. Early life Maria Weston was born in 1806 in Weymouth, Massachusetts to Captain Warren Richard Weston and Anne (née Bates) Weston. Eventually she had seven younger siblings—five sisters and two brothers. Though the Westons were not wealthy, they were well connected through her uncle's patronage. She spent several years of her youth living with family in England, where she received a robust education. Weston returned to Boston in 1828 to serve as principal of a newly-founded, socially-progressive girls' high school. She left the field of education two years later to marry. Abolitionism Maria and her husband Henry were both "Garrisonian" abolitionists, meaning that they belie ...
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Somerset V
( en, All The People of Somerset) , locator_map = , coordinates = , region = South West England , established_date = Ancient , established_by = , preceded_by = , origin = , lord_lieutenant_office =Lord Lieutenant of Somerset , lord_lieutenant_name = Mohammed Saddiq , high_sheriff_office =High Sheriff of Somerset , high_sheriff_name = Mrs Mary-Clare Rodwell (2020–21) , area_total_km2 = 4171 , area_total_rank = 7th , ethnicity = 98.5% White , county_council = , unitary_council = , government = , joint_committees = , admin_hq = Taunton , area_council_km2 = 3451 , area_council_rank = 10th , iso_code = GB-SOM , ons_code = 40 , gss_code = , nuts_code = UKK23 , districts_map = , districts_list = County council area: , MPs = * Rebecca Pow (C) * Wera Hobhouse ( LD) * Liam Fox (C) * David Warburton (C) * Marcus Fysh (C) * Ian Liddell-Grainger (C) * James Heappey (C) * Jacob Rees-Mogg (C) * John Penrose (C) , police = Avon and Somerset Polic ...
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Lex Loci
In conflict of laws, the term ''lex loci'' (Latin for "the law of the place") is a shorthand version of the choice of law rules that determine the ''lex causae'' (the laws chosen to decide a case).''Black's Law Dictionary'' abridged Sixth Edition (1991), p. 630. General principles When a case comes before a court, if the main features of the case (particularly the parties and the causes of action) are local, the court will then apply the ''lex fori'', the prevailing municipal law, to decide the case. However, if there are "foreign" elements to the case, the court may then be obliged, under conflict of laws, to consider whether it has jurisdiction to hear the case (see forum shopping). The court must then characterise the issues to allocate the factual basis of the case to its relevant legal classes. The court may then be required to apply the choice of law rules to decide the ''lex causae'', the law to be applied to each cause of action. Relevant rules include the following. ''Lex ...
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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 ch ...
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Somerset V Stewart
''Somerset v Stewart'' (177298 ER 499(also known as ''Somersett's case'', ''v. XX Sommersett v Steuart and the Mansfield Judgment)'' is a judgment of the English Court of King's Bench in 1772, relating to the right of an enslaved person on English soil not to be forcibly removed from the country and sent to Jamaica for sale. Lord Mansfield decided that: Slavery had never been authorized by statute within England and Wales, and Lord Mansfield found it also to be unsupported within England by the common law, although he made no comment on the position in the overseas territories of the British Empire. The case was closely followed throughout the Empire, particularly in the Thirteen American Colonies. Scholars have disagreed over precisely what legal precedent the case set. Facts James Somerset, an enslaved African, was purchased by Charles Stewart (or Steuart), a customs officer when he was in Boston, Province of Massachusetts Bay, a British crown colony in North Americ ...
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Benjamin Robbins Curtis
Benjamin Robbins Curtis (November 4, 1809 – September 15, 1874) was an American lawyer and judge. He served as an associate justice of the United States Supreme Court from 1851 to 1857. Curtis was the first and only Whig justice of the Supreme Court, and was also the first Supreme Court justice to have a formal law degree. He is often remembered as one of the two dissenters in '' Dred Scott v. Sandford'' (1857). Curtis resigned from the Supreme Court in 1857 to return to private legal practice in Boston, Massachusetts. In 1868, Curtis was President Andrew Johnson's defense lawyer during Johnson's impeachment trial. Early life and education Curtis was born November 4, 1809, in Watertown, Massachusetts, the son of Lois Robbins and Benjamin Curtis, the captain of a merchant vessel. Young Curtis attended common school in Newton and beginning in 1825 Harvard College, where he won an essay writing contest in his junior year. At Harvard, he became a member of the Porcelli ...
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Habeas Corpus
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful. The writ of ''habeas corpus'' was described in the eighteenth century by William Blackstone as a "great and efficacious writ in all manner of illegal confinement". It is a summons with the force of a court order; it is addressed to the custodian (a prison official, for example) and demands that a prisoner be brought before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian is acting beyond their authority, then the prisoner must be released. Any prisoner, or another person acting on their behalf, may petition the court, or a judge, for a ...
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