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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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Age of Bound Party : Minor

342 results

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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

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

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

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

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 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 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 John Medford

  • Earliest record date: December 8, 1854
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Habeas Corpus in the Matter of Francis F. alias Francis M. Autle

  • Earliest record date: December 15, 1854
  • Petition type(s): Institutional: underage military enlistment
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody | not in custody

Habeas Corpus in the matter of Philip Lowry

  • Earliest record date: December 18, 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 Israel Harding

  • Earliest record date: January 3, 1855
  • Petition type(s): Institutional: underage military enlistment
  • Petition outcome: Writ denied
  • Fate of bound party: Remained in custody

Habeas Corpus in the matter of Wyatt S. Harding

  • Earliest record date: January 3, 1855
  • Petition type(s): Institutional: underage military enlistment
  • Petition outcome: Writ denied
  • Fate of bound party: Remained in custody

Habeas Corpus in the matter of Patrick McDonald

  • Earliest record date: January 11, 1855
  • Petition type(s): Carceral: vagrancy
  • Petition outcome: Writ denied
  • Fate of bound party: Remained in custody

Habeas Corpus in the matter of Henry M Stall

  • Earliest record date: March 7, 1855
  • Petition type(s): Institutional: underage military enlistment
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Habeas Corpus in the Matter of Hiram Smith

  • Earliest record date: March 14, 1855
  • Petition type(s): Institutional: underage military enlistment
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Habeas Corpus In the Matter of Owen Dowd

  • Earliest record date: April 3, 1855
  • Petition type(s): Institutional: underage military enlistment
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Habeas Corpus in the matter of James McCanter

  • Earliest record date: April 6, 1855
  • Petition type(s): Institutional: underage military enlistment
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Habeas Corpus in the matter of Alice Tully

  • Earliest record date: April 28, 1855
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Habeas Corpus in the matter of Henry J. Leonari

  • Earliest record date: May 28, 1855
  • Petition type(s): Institutional: underage military enlistment
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Habeas Corpus in the matter of Moses G. Bishops

  • Earliest record date: May 28, 1855
  • Petition type(s): Institutional: underage military enlistment
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Habeas Corpus in the matter of James Harvey Davis

  • Earliest record date: June 16, 1855
  • Petition type(s): Institutional: underage military enlistment
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Habeas Corpus in the matter of William B. Albert

  • Earliest record date: June 20, 1855
  • Petition type(s): Institutional: underage military enlistment
  • Petition outcome: Writ allowed
  • Fate of bound party: Unknown

Habeas Corpus in the matter of William Emerson

  • Earliest record date: June 27, 1855
  • Petition type(s): Carceral: burglary and larceny
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Habeas Corpus in the matter of James McAlvoy

  • Earliest record date: August 27, 1855
  • Petition type(s): Institutional: underage military enlistment
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Habeas Corpus in the matter of Darwin J. Calvert

  • Earliest record date: September 13, 1855
  • Petition type(s): Institutional: underage military enlistment
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Habeas Corpus in the matter of Ellen Ryan

  • Earliest record date: September 24, 1855
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Habeas Corpus in the matter of John McMenamy

  • Earliest record date: October 3, 1855
  • Petition type(s): Institutional: underage military enlistment
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Habeas Corpus in the matter of William Ryan

  • Earliest record date: October 2, 1855
  • Petition type(s): Institutional: underage military enlistment
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Habeas Corpus in the matter of John W. Donohue

  • Earliest record date: October 5, 1855
  • Petition type(s): Institutional: underage military enlistment
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Habeas Corpus in the matter of James Pilcher

  • Earliest record date: December 3, 1855
  • Petition type(s): Institutional: underage military enlistment
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Habeas Corpus in the matter of Amadee E. Quevreux

  • Earliest record date: December 22, 1855
  • Petition type(s): Interpersonal: child custody | Interpersonal: wrongful servitude
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Habeas Corpus in the matter of Nancy Martin alias Nancy Belle Miller

  • Earliest record date: June 26, 1856
  • Petition type(s): Carceral: fugitive slavery | Carceral: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Habeas Corpus in the matter of Augusta Krause

  • Earliest record date: August 19, 1856
  • Petition type(s): Interpersonal: child custody | Interpersonal: kidnapping
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Habeas Corpus in the Matter of Hugh Maganity

  • Earliest record date: April 22, 1857
  • Petition type(s): Institutional: underage military enlistment
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Habeas Corpus in the matter of Lucy A Rogers

  • Earliest record date: June 11, 1857
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Habeas Corpus in the matter of Timothy Gallivan

  • Earliest record date: June 15, 1857
  • Petition type(s): Institutional: underage military enlistment
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Habeas Corpus in the Matter of Bridgett Halpin

  • Earliest record date: August 7, 1857
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

In the matter of Martha Edwards

  • Earliest record date: August 21, 1858
  • Petition type(s): Interpersonal: child custody | Carceral: prostitution
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Ex Parte Joseph Scheiber

  • Earliest record date: May 12, 1862
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ denied
  • Fate of bound party: Remained in custody

Abner S. Nancy v. Capt William M. Matthews

  • Earliest record date: July 29, 1862
  • Petition type(s): Institutional: underage military enlistment
  • Petition outcome: Unknown
  • Fate of bound party: Unknown

Abner S. Nancy v. Capt William M. Matthews

  • Earliest record date: August 14, 1862
  • Petition type(s): Institutional: underage military enlistment
  • Petition outcome: Unknown
  • Fate of bound party: Unknown

In the Matter of Application for a Writ of Habeas Corpus on Behalf of Thomas Nelson Overnell, a small child about 14 months old in Island County

  • Earliest record date: October 23, 1862
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

In the matter of Frances Vanhorn to the Writ of Habeas Corpus

  • Earliest record date: August 22, 1865
  • Petition type(s): Institutional: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Territory of Nebraska v. Leonard A. Collins

  • Earliest record date: April 24, 1866
  • Petition type(s): Carceral: larceny
  • Petition outcome: Writ allowed
  • Fate of bound party: Unknown

In the matter of the application of J. J. Blevins for writ a [sic] Habeas Corpus

  • Earliest record date: September 29, 1866
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody
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