Slavery - The law preserves property of the sojourner...

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Joseph Wilmot BLR 222 9/17/11 SLAVERY BRIEF A WOMAN OF COLOR 1849 Chief Justice Marshall Facts Slave America From Kentucky sent to Ohio by master Collins Tends to masters ill daughter Mrs. Woodroow Stayed less than 2 weeks Returned to Kentucky America declared her freedom Claim Free by virtue of her sojourn in Ohio Issue Whether a slave from Kentucky sent to Ohio to work for master in attending his ill daughter with papers/notes declaring she is there for work purposes is no longer a slave when she returns to Kentucky due to her sojourn in Ohio? Holding by the Circuit Court Bush's Representatives vs Slave was decided to be free, because she went to Ohio by the consent of her owner, to reside there Yes. She is free due to her sojourn in Ohio Appealed decision Rankin vs Lydia Property of an individual does not cease to belong to him
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Joseph Wilmot BLR 222 9/17/11 On account of his being in a foreign country
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Unformatted text preview: The law preserves property of the sojourner Graham vs Strader, &c Slave temporarily into Ohio Sent by the consent of his master Returning to Kentucky Not free by operation of the Ohio law Supports distinction in Rankin vs Lydia . Decision reversed by Court America remains a slave Rationale Because America retuned from Ohio Ohio Laws werent applicable in Kentucky while in Kentucky If America stayed in Ohio and renounced her position as a slave from master Situation could have been different Stanley vs Earl Master voluntarily removes the slave to a non-slaveholding State Master's right So long as the slave remains there Is removed Has no remedy to enforce or protect it. Americas returning to Kentucky made her applicable to Laws of Kentucky America remains a slave Case closed Joseph Wilmot BLR 222 9/17/11...
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This note was uploaded on 09/19/2011 for the course BLR 222 taught by Professor Williamshirley during the Fall '08 term at Central Mich..

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Slavery - The law preserves property of the sojourner...

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