Amory Kinney (1793–1859) was an American abolitionist and attorney who represented

Polly Strong Polly Strong (circa 1796–unknown) was an enslaved woman in the Northwest Territory, in present-day Indiana. She was born after the Northwest Ordinance prohibited slavery. Slavery was prohibited by the Constitution of Indiana in 1816. Two years l ...

in the landmark '' State v. Lasselle'' case, tried in the

Indiana Supreme Court The Indiana Supreme Court, established by Article 7 of the Indiana Constitution, is the highest judicial authority in the state of Indiana. Located in Indianapolis, Indiana, Indianapolis, the Court's chambers are in the north wing of the Indiana ...

, that freed Strong and set a precedent for other enslaved people in the state of

Indiana Indiana () is a U.S. state in the Midwestern United States. It is the 38th-largest by area and the 17th-most populous of the 50 States. Its capital and largest city is Indianapolis. Indiana was admitted to the United States as the 19th s ...

. The following year, he represented

Mary Bateman Clark Mary Bateman Clark (1795–1840) was an American woman, born into slavery, who was taken to Indiana Territory. She was forced to become an indentured servant, even though the Northwest Ordinance prohibited slavery. She was sold in 1816, the same ...

, an indentured servant, and won her freed at the state Supreme Court. The cases foretold the end of bondservants in Indiana. He served three terms as a member of the

Indiana House of Representatives The Indiana House of Representatives is the lower house of the Indiana General Assembly, the state legislature of the U.S. state of Indiana. The House is composed of 100 members representing an equal number of constituent districts. House memb ...

, during which he codified the Indiana statutes and advocated for free schools. He also drafted

Terre Haute, Indiana Terre Haute ( ) is a city in and the county seat of Vigo County, Indiana, United States, about 5 miles east of the state's western border with Illinois. As of the 2010 census, the city had a population of 60,785 and its metropolitan area had a ...

's first ordinances when he sat on the town council. For a few years, he was the publisher of ''The Western Register'' in Terre Haute, where he served on the board of trustees for the Terre Haute Public School.

Personal life and education

Amory Kinney, the son of Congregational minister Jonathan Kinney, was born April 13, 1793, in Bethel, Vermont. He left the state for

Cortlandville, New York Cortlandville is a town in Cortland County, New York, United States. The population was 8,509 at the 2010 census. Cortlandville surrounds the city of Cortland and is at the western border of the county. History The town is in the former Cent ...

in 1815, to study law under Samuel Nelson, who was later a

U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

Chief Justice. Kinney married Hannah Bishop on January 6, 1821 in Knox County, Indiana. She was the daughter of Thomas L. Bishop, Esquire of Homer, New York. After living in Vincennes, they moved to

in 1826. Hannah died on September 2, 1831. He then married Hannah's sister Lucy in 1833. He was married a third time to Mary Hobart in 1852. Mary was born in Vermont in 1813. He helped found the First Congregational Church in 1835. Kinney went to Vermont to improve his health. He died in Plainfield, Vermont on November 20, 1859 of a heart attack.

Career

Kinney moved to Vincennes, Indiana. John W. Osborn, a friend and his brother-in-law, also moved to Vincennes and became the editor of the newspaper ''The Western Sun''. Osborn married Hannah's sister, Ruby. On February 12, 1819, Kinney was admitted to practice law in Indiana Circuit Courts. Osborn, also an attorney, was Kinney's law partner. They worked with Moses Tabbs and Col. George McDonald to represent

in her court cases against her slaveholder. Mary, a woman of color v

Since she was born after the

Northwest Ordinance The Northwest Ordinance (formally An Ordinance for the Government of the Territory of the United States, North-West of the River Ohio and also known as the Ordinance of 1787), enacted July 13, 1787, was an organic act of the Congress of the Co ...

that prohibited slavery, and slavery was prohibited by the

Constitution of Indiana The Constitution of Indiana is the highest body of state law in the U.S. state of Indiana. It establishes the structure and function of the state and is based on the principles of federalism and Jacksonian democracy. Indiana's constitution is su ...

of 1816, they felt that she should be free. The case was first tried in the Knox County Circuit Courts, which ruled that Strong should remain enslaved. In the '' State v. Lasselle'' case they appealed the decision with the

. The court ruled on July 22, 1820, that the Indiana Constitution made it clear that "slavery can have no existence in the State of Indiana". She was freed and the case set a precedent for other enslaved people to argue for their freedom. After the verdict, Kinney suffered significant injuries after being attacked by a proslavery mob. In 1821, Kinney filed a suit, '' Mary Clark, a woman of color vs. General W. Johnston'', to free an indentured servant,

. As with Strong's case, Clark lost in the Circuit Court, but appealed the decision with the Indiana Supreme Court, where they won with the Supreme Court ruling on November 6, 1821. This was a landmark case for indentured servants and foretold the end of bondservants in Indiana. He was admitted to the Terre Haute bar in 1824. Two years later, the Kinneys moved to

, following the Osborns who moved there a few years earlier. In 1827, Kinney was appointed

justice of the peace A justice of the peace (JP) is a judicial officer of a lower or ''puisne'' court, elected or appointed by means of a commission ( letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the sa ...

. He published ''The Western Register'' from 1828 to 1830. Osborn founded the paper, sold it to Kinney, who sold it back to the journalist. In 1830, Kinney was elected to the

, serving Vigo County, Indiana, along with George W. Cutter. Kinney led a group that codified Indiana statutes in 1830, resulting in the Indiana Revised Code of 1831. He served a third term as a legislator in 1846, where he backed establishment of free schools. Kinney believed in graded schools for all children, with grades providing a measure of their progress. He was appointed presiding judge in 1831 by Governor Noah Noble, and he served as a circuit court judge from 1831 to 1838. Terre Haute was incorporated in 1838 and Kinney was a member of the town council for its first two years. During that time, he drafted the town's first ordinances. Kinney started the law firm Kinney, Wright and Gookins with Samuel Barnes Gookins and Salmon Wright, which operated for seven years. George W. Cutter and other students read law with him. From 1852 to 1856, Kinney served as the first judge of the Vigo County Court of Common Pleas. He served on the board of trustees for the Terre Haute Public School beginning in January 1853. His law partner Samuel Gookins said of him, "With a clear, comprehensive and scrutinizing apprehension of legal principles he combined a firm, conscientious, and discriminating sense of justice and right."

Notes

References

{{DEFAULTSORT:Kinney, Amory 1793 births 1859 deaths People from Bethel, Vermont People from Terre Haute, Indiana American lawyers 19th-century American newspaper publishers (people) 19th-century American lawyers Members of the Indiana House of Representatives American justices of the peace