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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

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

Marion Fair vs. Territory of Washington

  • Earliest record date: August 13, 1862
  • Petition type(s): Carceral: grand larceny
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

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

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

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

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

M. T. Ward v. L. V. Wyckoff

  • Earliest record date: July 14, 1879
  • Petition type(s): Carceral: debt
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

M. Fair vs. Territory of Washington

  • Earliest record date: August 13, 1862
  • Petition type(s): Carceral: grand larceny
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Lucia Martinez vs. Thomas Barrman, K. S. Woolsey, John Ammerman & Mrs Ammerman

  • Earliest record date: July 29, 1871
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ dismissed
  • Fate of bound party: Custody transferred to third party

Leroy Smith v. O. P. Halligan

  • Earliest record date: April 7, 1916
  • Petition type(s): Carceral: drug use | Carceral: possession of cocaine leaves
  • Petition outcome: Writ allowed
  • Fate of bound party: Order of discharge

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

King County v. William Hughs and Micheal Broderick

  • Earliest record date: October 5, 1876
  • Petition type(s): Carceral: refusal to pay bail
  • Petition outcome: Unknown
  • Fate of bound party: Unknown

Joseph Wells v. William A Church & Martha Church

  • Earliest record date: November 25, 1877
  • Petition type(s): Interpersonal: child custody | Interpersonal: kidnapping
  • Petition outcome: Unknown
  • Fate of bound party: Unknown

Joseph Kopf vs. William H. Jones, Sheriff of Nemaha County, Nebraska

  • Earliest record date: September 18, 1913
  • Petition type(s): Carceral: first degree murder | Carceral: fugitive from justice
  • Petition outcome: Writ denied
  • Fate of bound party: Remained in custody

Joseph Deveriske v. Territory of Washington

  • Earliest record date: April 7, 1888
  • Petition type(s): Carceral: larceny
  • Petition outcome: Unknown
  • Fate of bound party: Unknown

John W Harding vs G. W. L. Allen

  • Earliest record date: December 23, 1878
  • Petition type(s): Carceral: refusal to pay bail
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

John vs. William Campbell

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

John Thomas vs. U. S. of America

  • Earliest record date: January 27, 1866
  • Petition type(s): Carceral: misuse of government property
  • Petition outcome: Unknown
  • 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

John Bryant vs. Territory of Nebraska

  • Earliest record date: September 27, 1865
  • Petition type(s): Carceral: cause unspecified
  • Petition outcome: Unknown
  • Fate of bound party: Unknown

J.M. Burks and William Moore vs. W. Tompkins

  • Earliest record date: October 3, 1864
  • Petition type(s): Carceral: cause unspecified
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Jennie Miller Powers v. Mary Elizabeth Miller and R. J. Miller

  • Earliest record date: April 9, 1888
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

James Robinson v. Territory of Washington

  • Earliest record date: June 10, 1862
  • Petition type(s): Carceral: grand larceny
  • Petition outcome: Writ allowed
  • Fate of bound party: Not in custody

James Riley v. Egbert H. Tucker

  • Earliest record date: April 18, 1861
  • Petition type(s): Carceral: assault with intent to kill | Carceral: assault and battery | Carceral: malicious mayhem
  • Petition outcome: Unknown
  • Fate of bound party: Unknown

James McGarth and William Herbert v. King County

  • Earliest record date: March 17, 1880
  • Petition type(s): Carceral: passing counterfeit currency
  • Petition outcome: Writ allowed
  • Fate of bound party: Unknown

James G. V. Ingoldsby, Plaintiff v. W. T. Fenton, Warden State Penitentiary of the State of Nebraska, Defendant

  • Earliest record date: June 16, 1922
  • Petition type(s): Carceral: forgery | Carceral: uttering | Carceral: fugitive from justice
  • Petition outcome: Writ denied
  • Fate of bound party: Remained in custody

J. M. Burks and William Moore v. W. Tompkins

  • Earliest record date: October 3, 1864
  • Petition type(s): Carceral: cause unspecified
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

J. H. Sheffler and Josephine Sheffler v. John B. Montague

  • Earliest record date: November 11, 1876
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Unknown
  • Fate of bound party: Unknown

Isaiah Peterson v. Orrin Rhodes

  • Earliest record date: August 25, 1856
  • Petition type(s): Carceral: cause unspecified
  • Petition outcome: Unknown
  • Fate of bound party: Unknown

In the Re-Application of Minnie Smith for a Writ of Habeas Corpus

  • Earliest record date: August 3, 1886
  • Petition type(s): Unknown
  • Petition outcome: Unknown
  • Fate of bound party: Unknown

In the Matter of William L. Huffman on Habeas Corpus

  • Earliest record date: February 15, 1916
  • Petition type(s): Carceral: wrongful imprisonment | Carceral: possession of opium derivatives
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

In the Matter of William Gerald on Habeas Corpus

  • Earliest record date: July 1, 1912
  • Petition type(s): Carceral: immigration | Institutional: imprisoned for longer than term | Carceral: smuggling
  • Petition outcome: Writ denied
  • Fate of bound party: Remained in custody

In the matter of William Edwards

  • Earliest record date: August 14, 1858
  • Petition type(s): Carceral: fugitive slavery
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

In the matter of Willett E. Tompkins for a writ of Habeas Corpus for minor John Earl Tompkins, son of petitioner

  • Earliest record date: October 28, 1910
  • Petition type(s): Carceral: cause unspecified
  • Petition outcome: Unknown
  • Fate of bound party: Unknown

In the matter of Viola McAtee Jacobson for a Writ of Habeas Corpus

  • Earliest record date: November 28, 1922
  • Petition type(s): Carceral: conspiracy
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

In the matter of Thomas Sullivan on writ of Habeas Corpus

  • Earliest record date: September 13, 1919
  • Petition type(s): Carceral | Carceral: statutory rape
  • Petition outcome: Writ denied
  • Fate of bound party: Remained in custody

In the matter of Thomas Ruby for writ of Habeas Corpus

  • Earliest record date: June 1, 1883
  • Petition type(s): Carceral: burglary
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

In the Matter of Thomas Ross on Habeas Corpus

  • Earliest record date: August 7, 1914
  • Petition type(s): Carceral: selling liquor to Indians
  • Petition outcome: Unknown
  • Fate of bound party: Unknown

In the Matter of Thomas Rice for a Writ of Habeas Corpus

  • Earliest record date: April 16, 1890
  • Petition type(s): Carceral: Habitual Drunkenness
  • Petition outcome: Writ allowed
  • Fate of bound party: Unknown

In the matter of Thomas Fountain for a Writ of Habeas Corpus

  • Earliest record date: November 13, 1891
  • Petition type(s): Carceral: assault with a deadly weapon
  • Petition outcome: Writ denied
  • Fate of bound party: Remained in custody

In the matter of the writ of Habeas Corpus of E. B. Branch

  • Earliest record date: May 23, 1903
  • Petition type(s): Carceral: contempt of court
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

In the matter of the Unlawful Detention of Seventy-Six Hindus.

  • Earliest record date: October 8, 1912
  • Petition type(s): Carceral: immigration | Carceral: public charge
  • Petition outcome: Writ allowed
  • Fate of bound party: Unknown

In the Matter of the restraint of Gee Lee and other Chinamen

  • Earliest record date: February 7, 1886
  • Petition type(s): Carceral: immigration
  • Petition outcome: Unknown
  • Fate of bound party: Unknown

In the matter of the re-application of Thomas S. Thompson for a writ of Habeas Corpus

  • Earliest record date: July 2, 1902
  • Petition type(s): Carceral: peddling without a license
  • Petition outcome: Writ denied
  • Fate of bound party: Unknown

In the matter of the re-application of N. D. Coleman for a writ of Habeas Corpus

  • Earliest record date: March 5, 1894
  • Petition type(s): Carceral: fraud
  • Petition outcome: Writ denied
  • Fate of bound party: Remained in custody

In the matter of the re-application of George M. Bigelow for a writ of habeas corpus

  • Earliest record date: February 24, 1897
  • Petition type(s): Carceral: forcible defilement
  • Petition outcome: Unknown
  • Fate of bound party: Unknown

In the matter of the re-application of Arthur F. Mullen on behalf of T. A. Dunn for a writ of Habeas

  • Earliest record date: December 27, 1912
  • Petition type(s): Carceral: vagrancy
  • Petition outcome: Unknown
  • Fate of bound party: Unknown

In the matter of the re-application of Andrew Anderson for a writ of Habeas Corpus

  • Earliest record date: June 8, 1894
  • Petition type(s): Carceral: fugitive from justice | Carceral: vagrancy
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

In the matter of the Proceedings in Habeas Corpus in behalf of Evelyn E Miller, on Petition and Application of Louis B. Millerburrb

  • Earliest record date: August 4, 1889
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody | new custody arrangement reached
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