BLR 222WI_BRIEF-denisonVtucker.docx

BLR 222WI_BRIEF-denisonVtucker.docx - CITATION DENISON V...

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CITATION DENISON V. TUCKER MICHIGAN TERRITORIAL SUPREME COURT-1807 1 BLUME 385 FACTS: 1. Elizabeth Denison, James Denison, Scipio Denison, and Peter Denison escape the custody of Catherine Tucker. 2. Due to Habeas Corpus, the Denisons are put before the court. 3. The court orders the Denisons to return to Tucker. 4. Treaty of 1794 gets involved with case. 5. The Denisons are considered slaves according the treaty. ISSUE: The question for the courts to decide is whether or not to grant the Denisons back to Tucker, even though slavery is being taken into account and slavery is forbidden in the territory. Quoting the Court: “the return to the writ of Habeas Corpus applied for and granted in this case brings out the question of Slavery in general, as it applies to the territory of Michigan.” Further quoting the court: “The question necessary to be decided is the Sufficiency of the return.” RULES ON WHICH THE PARTIES RELY: Tucker places her whole case on the Treaty of 1794 and the Supremacy Clause
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  • Spring '08
  • WilliamShirley
  • Abraham Lincoln, Case Brief, Supreme Court of the United States, Habeas corpus, DENISON V. TUCKER

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