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Cases

Habeas petitions described a broad range of carceral, institutional, and interpersonal confinement over the long nineteenth century, including those used to demand due process, resist enslavement, challenge child removal and reservation confinement, avoid deportation, present child custody claims and protest child marriage, and to challenge institutionalization and detention in private and state institutions. As a legal mechanism borrowed from British common law and guaranteed as a civil right in US federal and state constitutions, habeas provides a lens on a diverse community of legal actors.

Our encoding practice allows us to identify petitions in these three categories and to indicate where those categories overlap. In addition to these three general categories, our team has identified the specific carceral charge being challenged as well as the particular forms of institutional and interpersonal confinements being questioned.

You may also browse or search petitions by location and/or jurisdiction to learn more about the myriad complaints petitioners brought before judges in Arizona, Iowa, Kansas, Missouri, Nebraska, Oregon, and Washington between 1812 and 1924. Each case entry includes a full citation, a summary, links to people with a role in the case, a list of other people named, and any sites of significance. Visitors wanting access to full case files can contact the cited repository for information about obtaining copies. Those without institutional affiliations may request image scans from Dr. Jagodinsky directly. The Glossary defines the attributes used to structure data from the habeas petitions. The Code Book explains the relational structure of the data and functionality of the database website.

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1876 results

Arch v. Barnabas Harris

  • Earliest record date: May 11, 1817
  • Petition type(s): Interpersonal: wrongful enslavement
  • Petition outcome: Writ denied
  • Fate of bound party: Remained in custody

Milly, a black woman, for herself and her two infant children, Eliza and Bob v. Mathias Rose

  • Earliest record date: May 10, 1819
  • Petition type(s): Carceral: fugitive slavery
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Malinda and Nelly, people of color, by and through their next friend, Beriah Cleland v. Robert Wilburn

  • Earliest record date: December 1, 1821
  • Petition type(s): Interpersonal: wrongful enslavement
  • Petition outcome: Writ denied
  • Fate of bound party: Remained in custody

Molly a free woman of colour vs. Charles Mullikin, Petition for Habeas Corpus

  • Earliest record date: August 17, 1825
  • Petition type(s): Interpersonal: wrongful servitude
  • Petition outcome: Unknown
  • Fate of bound party: Released from custody

Israel/Israil, a man of color vs. William Rector, Isaac Luther

  • Earliest record date: December 3, 1825
  • Petition type(s): Interpersonal: wrongful enslavement
  • Petition outcome: Writ allowed
  • Fate of bound party: Unknown

Habeas Corpus for John Plackett & May his wife

  • Earliest record date: December 17, 1825
  • Petition type(s): Carceral: child abuse
  • Petition outcome: Writ allowed
  • Fate of bound party: Unknown

John Singleton vs. Alexander Scott, Robert Lewis

  • Earliest record date: August 30, 1827
  • Petition type(s): Interpersonal: wrongful enslavement
  • Petition outcome: Writ allowed
  • Fate of bound party: Unknown

Peter, a free man of color vs. James Walton, George Walton

  • Earliest record date: November 24, 1827
  • Petition type(s): Interpersonal: wrongful enslavement
  • Petition outcome: Writ allowed
  • Fate of bound party: Unknown

Aspasia Petition for Habeas Corpus

  • Earliest record date: December 10, 1827
  • Petition type(s): Interpersonal: wrongful enslavement
  • Petition outcome: Writ allowed
  • Fate of bound party: Remained in custody

By the Habeas Corpus Act, State Missouri vs. John Young

  • Earliest record date: March 26, 1828
  • Petition type(s): Interpersonal: wrongful enslavement
  • Petition outcome: Writ allowed
  • Fate of bound party: Remained in custody

Maria Whitten vs. Garland Rucker

  • Earliest record date: August 17, 1829
  • Petition type(s): Interpersonal: wrongful enslavement
  • Petition outcome: Unknown
  • Fate of bound party: Unknown

Patrick Henry vs. Garland Rucker

  • Earliest record date: August 19, 1829
  • Petition type(s): Interpersonal: wrongful enslavement
  • Petition outcome: Unknown
  • Fate of bound party: Unknown

Vincent Duncan vs. James Duncan

  • Earliest record date: November 5, 1829
  • Petition type(s): Interpersonal: wrongful enslavement
  • Petition outcome: Writ allowed
  • Fate of bound party: Remained in custody

Carey, a man of color vs. Benjamin Wilder

  • Earliest record date: March 8, 1831
  • Petition type(s): Carceral: wrongful imprisonment
  • Petition outcome: Unknown
  • Fate of bound party: Unknown

Anna, a woman of color vs. Thomas Higginbotham

  • Earliest record date: August 15, 1831
  • Petition type(s): Interpersonal: wrongful enslavement
  • Petition outcome: Unknown
  • Fate of bound party: Unknown

John vs. William Campbell

  • Earliest record date: November 18, 1831
  • Petition type(s): Interpersonal: wrongful enslavement
  • Petition outcome: Unknown
  • Fate of bound party: Unknown

Marianne, a person of color vs. Elijah Mitchel, Alexander J. Fields

  • Earliest record date: May 22, 1832
  • Petition type(s): Interpersonal: wrongful enslavement
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Michael, a boy of color vs. Henry G. Mitchel and Henry C. Russel

  • Earliest record date: May 23, 1832
  • Petition type(s): Interpersonal: wrongful enslavement | Interpersonal: kidnapping | Interpersonal: child custody
  • Petition outcome: Unknown
  • Fate of bound party: Remained in custody

Anson and Michael, persons of color, by and through their next friend, William Clark v. Elijah Mitchel

  • Earliest record date: May 23, 1832
  • Petition type(s): Interpersonal: wrongful enslavement
  • Petition outcome: Unknown
  • Fate of bound party: Unknown

Nathan Cole, a person of color v. Elijah Mitchel

  • Earliest record date: May 22, 1832
  • Petition type(s): Carceral: fugitive slavery
  • Petition outcome: Unknown
  • Fate of bound party: Unknown

Matilda By the Habeas Corpus act

  • Earliest record date: May 23, 1832
  • Petition type(s): Interpersonal: wrongful enslavement | Interpersonal: kidnapping
  • Petition outcome: Unknown
  • Fate of bound party: Remained in custody

Mahala, a free woman of color v. Martin Mitchell

  • Earliest record date: July 20, 1832
  • Petition type(s): Interpersonal: wrongful enslavement
  • Petition outcome: Unknown
  • Fate of bound party: Unknown

Leah, a woman of color v. Arthur Mitchel

  • Earliest record date: September 25, 1832
  • Petition type(s): Interpersonal: wrongful enslavement
  • Petition outcome: Unknown
  • Fate of bound party: Unknown

In the Matter of Julia alias Mary Ann on Habeas Corpus

  • Earliest record date: August 24, 1836
  • Petition type(s): Interpersonal: child custody | Interpersonal: wrongful enslavement
  • Petition outcome: Unknown
  • Fate of bound party: Unknown

Ann, a woman of color v. John M. Jamison

  • Earliest record date: June 21, 1844
  • Petition type(s): Carceral: fugitive slavery
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Anderson Steward, a colored man v. John M. Jamison

  • Earliest record date: July 1, 1844
  • Petition type(s): Carceral: fugitive slavery
  • Petition outcome: Writ allowed
  • Fate of bound party: Unknown

Mary Ann Speaks v. John M. Jameson and James Quisenberry

  • Earliest record date: September 27, 1844
  • Petition type(s): Interpersonal: wrongful servitude | Carceral: wrongful arrest
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Martha Drusilla v. Richmond Curle

  • Earliest record date: October 27, 1844
  • Petition type(s): Interpersonal: wrongful enslavement
  • Petition outcome: Unknown
  • Fate of bound party: Unknown

In the Matter of Jesse, a man of color

  • Earliest record date: July 14, 1845
  • Petition type(s): Interpersonal: wrongful enslavement
  • Petition outcome: Writ denied
  • Fate of bound party: Unknown

David McFoy, a person of color v. William Brown

  • Earliest record date: June 26, 1843
  • Petition type(s): Interpersonal: wrongful enslavement
  • Petition outcome: Unknown
  • Fate of bound party: Unknown

By the Habeas Corpus Act in the matter of Horatio Napoleon Marsden

  • Earliest record date: December 3, 1851
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Not in custody

By the Habeas Corpus Act in the matter of Philip Ahren

  • Earliest record date: December 18, 1851
  • Petition type(s): Institutional: underage military enlistment
  • Petition outcome: Writ allowed
  • Fate of bound party: Unknown

Habeas Corpus in the matter of James D. Lloyd

  • Earliest record date: January 16, 1852
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ dismissed
  • Fate of bound party: Unknown

Application of Robin Holmes for a Habeas Corpus directed to Natheniel Ford to bring up the bodies of Jenny or Mary Jane Holmes, Roxanna Holmes and James Holmes, children of said Robin Holmes

  • Earliest record date: January 1, 1841
  • Petition type(s): Interpersonal: wrongful enslavement
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Habeas Corpus in the matter of William M Parkinson

  • Earliest record date: April 28, 1852
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Not in custody

Habeas Corpus in the matter of Michael Lortz

  • Earliest record date: April 29, 1852
  • Petition type(s): Carceral: arson
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Habeas Corpus in the matter of Daniel Hogan

  • Earliest record date: June 2, 1852
  • Petition type(s): Institutional: underage military enlistment
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Habeas Corpus in the matter of Michael Newland

  • Earliest record date: July 6, 1852
  • Petition type(s): Carceral: trafficking
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

In the matter of George W. Turley upon a writ of Habeas Corpus

  • Earliest record date: May 25, 1853
  • Petition type(s): Carceral: fugitive slavery
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Thornton Kinney (of color) vs John F. Hatcher and Charles C. Bridges

  • Earliest record date: October 7, 1851
  • Petition type(s): Carceral: fugitive slavery
  • Petition outcome: Writ denied
  • Fate of bound party: Dismissed

Habeas Corpus in the matter of Henry Freeman

  • Earliest record date: July 20, 1853
  • Petition type(s): Carceral: fugitive slavery
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Habeas Corpus in the matter of Adam Riley

  • Earliest record date: August 4, 1853
  • Petition type(s): Carceral: fugitive slavery
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Habeas Corpus in the matter of Sarah Haycraft

  • Earliest record date: September 2, 1853
  • Petition type(s): Carceral: disturbing the peace
  • Petition outcome: Writ allowed
  • Fate of bound party: Released on bail

Habeas Corpus in the Matter of Terrance O'Connell

  • Earliest record date: March 9, 1854
  • Petition type(s): Institutional: underage military enlistment
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Habeas Corpus in the matter of Rupert Jaeger

  • Earliest record date: March 22, 1854
  • Petition type(s): Carceral: disturbing the peace
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Habeas Corpus in the Matter of Mary Wilson

  • Earliest record date: April 20, 1854
  • Petition type(s): Carceral: fugitive slavery
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Habeas Corpus in the Matter of Napoleon Johnson

  • Earliest record date: April 27, 1854
  • Petition type(s): Carceral: larceny
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Habeas Corpus in the matter of Joseph Adams

  • Earliest record date: June 12, 1854
  • Petition type(s): Carceral: fugitive slavery
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Habeas Corpus in the matter of Henry Ideker

  • Earliest record date: June 12, 1854
  • Petition type(s): Carceral: petty larceny

Habeas Corpus in the matter of John Meierco

  • Earliest record date: June 13, 1854
  • Petition type(s): Carceral: interference with law enforcement
  • Petition outcome: Writ allowed
  • Fate of bound party: Unknown
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