Title | Citation | Year | Summary | Most Relevant | Type | Status |
Johnson v. Mason |
3 Cranch C.C. 294, Circuit Court, District of Columbia (May 01, 1828) |
1828 |
This was a petition for freedom by the negro Louisa Johnson against Milo Mason. |
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Jones v. Park |
1 Stew. 419, Supreme Court of Alabama (January 01, 1828) |
1828 |
THIS was an action of detinue for a negro, brought on the 1st October, 1824, by J. and W. Park, as copartners, against Jesse Jones, in the Circuit Court of Franklin county. The general issue was pleaded, and at the October term, 1826, a verdict was found for the plaintiffs for the negro, or $500?? his value, and $150 damages for detention. By a... |
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Jourdan v. Green |
1 Dev.Eq. 270, Supreme Court of North Carolina (December 01, 1828) |
1828 |
The words heirs of Sally Jourdan in this case, mean heirs apparent-- next of kin apparent, as the testator in his will takes notice that she is alive, by declaring that he had given her negro Bob. The bequest of negro Adam and Sylla importing a present interest, none of the children of Sally can take, but those born at the time of making the... |
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Justice v. Cobbs |
1 Dev. 469, Supreme Court of North Carolina (June 01, 1828) |
1828 |
Where a parent puts a slave into the possession of a child, without an express parol gift, this possession is not adverse, and does not divest the title of the parent, or bar his action. But it seems, that such a parol gift may be ripened into an indefeasible title, by a possession of three years. What title is necessary to enable the Plaintiff to... |
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Keckely ads. Commissioners of Roads for St. John's Parish |
4 McCord 463, Court of Appeals of Law and Equity of South Carolina (April 01, 1828) |
1828 |
It seems that where a parish line runs through a plantation, leaving the dwelling house and some of the negro houses in one parish, and the rest of the negro houses in the other parish, that all the slaves are bound to do road duty in the parish wherein the dwelling house is situated. Where notice is required by an act to be given, a newspaper... |
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Kelly v. Kelly's Ex'rs |
6 Rand. 176, Supreme Court of Appeals of Virginia (March 08, 1828) |
1828 |
John Kelly married a lady of the name of Paine, and received by her (it is said) twelve slaves. She died, leaving five children. In 1797, John Kelly, being about to marry a second wife, executed a Deed of gift conveying to his children, in different proportions, all the slaves he had received by their mother, which were to be delivered to them... |
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Kitchens v. Craig |
1 Bail. 119, Court of Appeals of Law and Equity of South Carolina (December 01, 1828) |
1828 |
A deed of gift, to the heirs of a person then living, recited that the donor had delivered the slaves, which were the subject of the gift, to the heirs. Held, that this recital manifested the intention of the donor to restrain the gift to the heirs, or children, then living, and that children born afterwards did not take. vide Stroman v.... |
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La Grange v. Chouteau |
2 Mo. 20, Supreme Court of Missouri (May 01, 1828) |
1828 |
This was an action of trespass vi et armis, under the statute, to try the right of said Francois to freedom. Chouteau had judgment in the Circuit Court, from which Francois has appealed to this court. The material facts (as preserved by a bill of exceptions), are stated by the appellant's counsel. That in the year 1816, one Pascal Cerre, being the... |
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Mandeville v. Cookendorfer |
3 Cranch C.C. 397, Circuit Court, District of Columbia (December 01, 1828) |
1828 |
Action on the case, for negligence of a stage-office keeper, in suffering the plaintiff's slave to escape, by permitting him to go in the stage coach to Baltimore under a false pass. This cause having been tried upon the new venire issued by order of the court at December term, 1827 [Case No. 9,009], the jury found a verdict for the plaintiffs,... |
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Marguerite v. Chouteau |
2 Mo. 71, Supreme Court of Missouri (May 01, 1828) |
1828 |
This is an action of trespass, assault and battery, and false imprisonment, brought by the appellant against the appellee, to recover her freedom. On the trial, the following facts appeared in evidence: Madame Chauvin deposed, that Marguerite, the plaintiff, appellant here, was born in the year 1778; that the name of her mother was Marie Jean,... |
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The case or administrative decision is no longer good law for at least one of the points it contains. |
Martin v. White |
1 Stew. 473, Supreme Court of Alabama (July 01, 1828) |
1828 |
THIS was a writ of error from the Circuit Court of Franklin county. The action was covenant, brought by R. White against P. Martin, administrator of J. Heslip, to recover damages for failing to return five negroes, which had been hired by White to the intestate Heslip and others, and which they had covenanted, among other things, to return at the... |
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McDonald v. Walton |
2 Mo. 48, Supreme Court of Missouri (May 01, 1828) |
1828 |
M'Donald sued Walton in an action of detinue for some slaves. At the March term of the year 1827, judgment was rendered for Walton in the Circuit Court. M'Donald appealed to this court, and at the May term of the same year, the judgment of the Circuit Court was reversed, and the cause sent back to the Circuit Court for further proceedings. At the... |
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Melton v. McDonald |
2 Mo. 45, Supreme Court of Missouri (May 01, 1828) |
1828 |
M'Donald, as administrator of Daniel Polk, alias Pogue, sued Melton in an action of detinue for some slaves, and had judgment, to reverse which Melton sued out his writ of error. The facts on which the verdict was found, on which this judgment was rendered, are the same as those which were the basis of the action of M'Donald v. Walton, docided at... |
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Miller v. McClelland |
7 T.B.Mon. 231, Court of Appeals of Kentucky (May 03, 1828) |
1828 |
Wm. McClelland's will. Wm. M'Clelland, by his will, devised all his slaves, except one, to his wife during her life and the lives of two sons, Alexander and Elijah, who lived with her, among which was a young female slave named Milly. To his son Elisha, after the death of his wife and two sons, whose lives were also to end the particular estate, he... |
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Milly v. Smith |
2 Mo. 36, Supreme Court of Missouri (May 01, 1828) |
1828 |
This was an action of trespass, &c., under the statute brought by Milly the appellant, against Smith the appellee, to establish a right to freedom. The appellee pleaded the general issue. Judgment was entered for the appellee, from which the appellant appeals to this court. The facts proved at this trial are, that David Shipman, a resident of... |
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Montgomery v. Fletcher |
6 Rand. 612, Supreme Court of Appeals of Virginia (December 17, 1828) |
1828 |
A son acting for his father, removed with his father's slaves from Maryland to Virginia in March, 1797; bought a farm for his father, and settled the slaves on it. He took the oath, within sixty days, prescribed by the Act of 1792, to be taken by those who remove from another State to this with slaves. The father shortly after removed also, and... |
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Moses v. Denigree |
6 Rand. 561, Supreme Court of Appeals of Virginia (November 13, 1828) |
1828 |
A Deed of Emancipation of a slave, executed in 1781, directing the freedom to commence when he should come of age, that is, in 1796, is absolutely void; for, at that time the Act of 1723 was in force, by which, emancipation was prohibited, except for meritorious services, and by permission of the Governor and Council. The devise in Pleasants v.... |
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Petty v. Harmon |
1 Dev.Eq. 191, Supreme Court of North Carolina (June 01, 1828) |
1828 |
It has been very impressively urged upon us, in a short and pithy argument, that this claim is not barred by lapse of time; and the case of Falls v. Torrance, is cited as in point. In that case, we considered the trust, as to the negroes, an open one; for it was very clearly shown, by documentary evidence, that they never were brought into account,... |
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Price v. Wood |
7 T.B.Mon. 223, Court of Appeals of Kentucky (May 01, 1828) |
1828 |
The plaintiff, Price, claimed the slave in question under a deed of gift by Charles Lewis and Charles Hudson. The suit is in detinue against one who hired the slave from the executor of Charles Hudson. Supposing the deed to have been executed by Hudson and Lewis, the right of the plaintiff was undoubted; and no circumstance whatever appears in... |
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Pringle v. Dawson |
7 T.B.Mon. 208, Court of Appeals of Kentucky (April 29, 1828) |
1828 |
On the 9th of October, 1824, John Simpson, aged about eighty-two, without wife or children, entered into writings with Bailey Dawson, by which Simpson transferred his property to Dawson, consisting of three slaves, a horse, four head of cattle, and four bonds. Dawson covenanted to support him decently and comfortably, during life, and to bury him... |
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Randolph v. Randolph |
6 Rand. 194, Supreme Court of Appeals of Virginia (March 19, 1828) |
1828 |
It is a general rule, that where slaves are improperly taken in execution, the owner may claim the aid of a Court of Equity to prevent their sale. But, if it can be shown, that such slaves have no peculiar value in the eyes of their owner, but are merely regarded by him as any other property, Equity ought not to interfere, but leave him to his... |
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Reardon v. Miller |
3 Cranch C.C. 344, Circuit Court, District of Columbia (November 01, 1828) |
1828 |
Detinue of a slave. Manly, in 1800, made a deed to Reardon of a slave called Henry Nokes, for the benefit of Manly's wife, and such children as he had, or should have, by her. The slave was then only one year old. In 1810 Manly, with the consent of his wife, sold the same slave to Mordecai Miller, the defendant, for $250, as a slave for life, by an... |
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Reed v. Greathouse |
7 T.B.Mon. 558, Court of Appeals of Kentucky (October 13, 1828) |
1828 |
This is a contest involving the right to a negro slave named Ajax, possessed by Greathouse, and claimed by Reed, and to recover which the latter brought his action of detinue against the former, and was defeated by a verdict and judgment in the circuit court. Detinue for a slave by Reed; verdict and judgment for Greathouse. The slave was purchased... |
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Rogers v. Farrar |
6 T.B.Mon. 421, Court of Appeals of Kentucky (January 03, 1828) |
1828 |
Statute Against Fraudulent Devises. Slaves. Executors. Heirs. Contingent Devisees. Evidence. Instructions. Election of Devisees. ERROR TO THE FAYETTE CIRCUIT; JESSE BLEDSOE, JUDGE. To recover on a note given by Benjamin Rogers, in his lifetime, Farrar brought an action of debt against Elijah Rogers, Joseph Rogers, Wm. Rogers, and B. F. Rogers, and... |
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Sawney v. Carter |
6 Rand. 173, Supreme Court of Appeals of Virginia (March 08, 1828) |
1828 |
The pauper, in this case, claims his freedom on an alleged contract between his master and him, at the time he was purchased at an executor's sale, that on paying his purchase money, he should be free. He alleges that he has paid accordingly; but, that his master would not emancipate him. The proof of the contract is by no means clear; although, if... |
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Scott v. Britton |
10 Tenn. 215, Supreme Court of Errors and Appeals of Tennessee (January 01, 1828) |
1828 |
The complainant, Scott, in his original bill states, that in February, 1815, the sheriff of Maury county had an execution against him for about $1,000, and being unable to pay the sum without mortgaging or selling his slaves, he concluded to mortgage them, and applied to the defendant, and proposed to him to mortgage the slaves for the sum of... |
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Scott v. Williams |
1 Dev. 376, Supreme Court of North Carolina (June 01, 1828) |
1828 |
In questions of slavery or freedom, a presumption of slavery arises from a black complexion, but none from that of a mulatto. In questions of this kind, the amount of damages is within the discretion of the Jury, and where the Plaintiff's mother, a free woman, had been indented to the Defendant's father, and the Plaintiff given to the Defendant as... |
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Shelton v. Yancy |
1 Dev. 370, Supreme Court of North Carolina (June 01, 1828) |
1828 |
The purchaser of a slave at auction, where the terms were that bond and surety was to be given before the property passed, obtains a title, although the bond of another person is taken for the purchase money. This was an action of replevin for a negro, and on the trial it appeared, that one Field being indebted to the Plaintiff, it was agreed... |
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Smith v. Billing |
3 Cranch C.C. 355, Circuit Court, District of Columbia (December 01, 1828) |
1828 |
Replevin [by Nathan Smith, administrator of Robert Brown, against W. W. Billing and James Kennedy, executors of Margaret Brown] for a slave, named Henry, and a clock, the plaintiff claiming them as unadministered assets of the estate of Robert Borwn, of which estate his wife, the late Margaret Brown, deceased, was administratrix. Plea, property in... |
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Smith v. Maxwell's Heirs |
7 T.B.Mon. 602, Court of Appeals of Kentucky (October 25, 1828) |
1828 |
It seems to the court that the right of redemption to the slave held, must, and did enure to the benefit of the estate of David Maxwell, deceased, when purchased by his widow, and that said slave is subject to distribution as part of the estate, allowing to the widow of the deceased, who was guardian of the children, the price paid for the equity... |
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Spotts v. Gillaspie |
6 Rand. 566, Supreme Court of Appeals of Virginia (November 17, 1828) |
1828 |
The Act of Pennsylvania of 1780, for the gradual abolition of slavery, clearly includes all negro and mulatto children born of slave mothers after the passage of the Act, except in the cases excepted by the 10th section, such as domestic slaves, attending on Delegates to Congress, &c &c. If, therefore, a citizen of Pennsylvania, after the passage... |
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State v. Barden |
1 Dev. 518, Supreme Court of North Carolina (June 01, 1828) |
1828 |
The conversation with the negro, or rather the fact that the negro directed the witness to a particular place, to search for the cotton, is a circumstance of which the witness might speak, especially as it was not objected to. I wish to express no opinion as to what would be the case if the evidence had been objected to. I rather think that the... |
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State v. Fife |
1 Bail. 1, Court of Appeals of Law and Equity of South Carolina (May 01, 1828) |
1828 |
The indictment charged a trading with one negro. The evidence was, that defendant traded at the same time, with two negroes belonging to the same owner. Held, to be no variance; and that the evidence supported the indictment. The defendant traded at the same time with two negroes, belonging to the same owner; neither of them had a written permit... |
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State v. Hood |
1 Dev. 506, Supreme Court of North Carolina (June 01, 1828) |
1828 |
The act of 1787, authorising persons convicted on indictment or presentment, and unable or unwilling to pay the costs, to be hired out by the Sheriff, is repealed by the act of 1797, (Rev. ch. 484). The Defendant, a free negro, was convicted of an assault and battery, before his honor Judge DANIEL, on the last Circuit. Being unable to pay the costs... |
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State v. Isaac |
2 Dev. 47, Supreme Court of North Carolina (December 01, 1828) |
1828 |
Where a slave has been confined in jail upon an indictment for murder, and a nolle prosequi is entered, the owner having had due notice of the charge, is liable under the acts of 1793 and 1795, (Rev. chs. 381 sec. 2 and 438 sec. 7) for the jail fees, as well as the Court costs. An indictment for murder had been found against the prisoner, a slave.... |
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State v. Jones |
2 Dev. 48, Supreme Court of North Carolina (December 01, 1828) |
1828 |
An owner who has notice of a capital charge against his slave, in case of a conviction, is not only bound to pay the prison fees, but also the fee allowed by the act of 1797, (Rev. ch. 484) for carrying the sentence into execution. Negro Charles, the property of the Defendant, had been convicted of a rape, and executed. A question was made before... |
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State v. Roane |
2 Dev. 58, Supreme Court of North Carolina (December 01, 1828) |
1828 |
If the facts stated are true, the Defendant has no cause to complain of the verdict; for although the state of alarm, in which the neighborhood was thrown by the frequent breaking open of out-houses might have palliated the homicide, if the negro had been coming into the yard, it cannot have that effect in this case, when it appears he was going... |
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State v. Shaw |
4 McCord 480, Court of Appeals of Law and Equity of South Carolina (April 01, 1828) |
1828 |
The City Court of Charleston has not jurisdiction over offenders for bringing Free Negroes into the City of Charleston, contrary to the Act of 1823, prohibiting their being brought into the State. |
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State v. Westfield |
1 Bail. 132, Court of Appeals of Law and Equity of South Carolina (December 01, 1828) |
1828 |
One, who has the general superintendence of a plantation, is a person having charge or government of the slaves attached to the plantation, within the meaning of the 20th section of the act of 1740, commonly called the negro act; and is liable to an indictment, under that act, for concealing or conveying away one of the slaves, who... |
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Talbert v. Jenny |
6 Rand. 159, Supreme Court of Appeals of Virginia (February 27, 1828) |
1828 |
The facts of this case seem to be, that B. Talbert, when he purchased the woman Jenny, made her a promise that when she should have a child for every one of his, (he then having five) he would set her free. This promise, though no way binding, the old people, (and especially Mrs. Talbert,) seem to have been anxious to comply with. In 1792, B.... |
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Town of North Hempstead v. Town of Hempstead |
2 Wend. 109, Court for the Correction of Errors of New York (January 01, 1828) |
1828 |
A grant by the sovereign authority of the state to A. B. and five others, as patentees for and on behalf of themselves, and their associates, the freeholders and inhabitants of the town of Hempstead, is a valid grant, being made to individuals by name, as trustees for the freeholders and inhabitants. The grant being of lands from the sovereign... |
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Townsend v. Burgher |
7 T.B.Mon. 224, Court of Appeals of Kentucky (May 01, 1828) |
1828 |
The plaintiff below sued the defendant, in covenant, on a writing dated 12th March, 1825, stipulating the payment at different times, two certain sums, both to be paid in Commonwealth's money. The same instrument further expresses, that this payment was for the hire of two slaves; and adds the stipulations that the defendant shall use the slaves... |
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Tumey v. Knox |
7 T.B.Mon. 88, Court of Appeals of Kentucky (April 21, 1828) |
1828 |
On the 17th of July, 1822, Tumey sold a negro man slave to Knox, and made a bill of sale, containing a warranty, that the slave was sound, well and healthy. Shortly after the 18th October, 1822, the slave died; Knox sued on the covenant of warranty. Action for breach of the covenant of warranty of the soundness of a slave. On the trial the... |
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Whelan v. Corporation of Washington |
3 Cranch C.C. 292, Circuit Court, District of Columbia (May 01, 1828) |
1828 |
Appeal from the judgment of a justice of the peace against [Sarah Whelan], a nonresident slaveholder for a penalty of $20 for not paying the tax of two dollars on a female slave, hired out by the defendant, in the city of Washington, before the hiring, under the second section of the by-law of April 5, 1823. The tax was paid before the prosecution... |
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Yeizer v. Stone's Heirs |
7 T.B.Mon. 189, Court of Appeals of Kentucky (April 26, 1828) |
1828 |
Infants. Costs. Prochain Ami. ERROR TO THE ROCKCASTEL CIRCUIT; JOSEPH EVE, JUDGE. It seems to this court, that Yeizer was a mere trustee, without any beneficial interest, the friendly agent accepting the deed of trust from Rodham Kenner, for the slaves therein mentioned, for the purpose of executing the uses and trusts in favor of said plaintiffs,... |
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Young v. Wiseman |
7 T.B.Mon. 270, Court of Appeals of Kentucky (May 07, 1828) |
1828 |
Statement of the facts. About the last of May, 1815, John D. Young bought of the executors of Hezekiah Harrison, two slaves for $700, and gave his note for the price, with William D. Young, as surety, payable in one or two months. At the time of payment John D. Young failed, and William D. Young his surety then agreed to take the slaves from John,... |
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Adkins v. Blake's Adm'rs |
2 J.J.Marsh. 40, Court of Appeals of Kentucky (June 24, 1829) |
1829 |
Blake lost bank notes to the amount of $500. They came to the possession of one Hall, by finding or otherwise, who exchanged them with Adkins for a negro, the latter not knowing that they belonged to Blake. The administrator of Blake sued Adkins in trover, for the notes. On the trial, the court instructed the jury, that although Adkins might have... |
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Allen v. Frazier |
1 Bail. 144, Court of Appeals of Law and Equity of South Carolina (January 01, 1829) |
1829 |
The plaintiff gave certain slaves to his son, to work and labour for the better support of his mother; and the son agreed to support and defray the expenses of the mother. Held, that the fulfilment of the son's agreement was not a condition precedent to the gift, and that the plaintiff could not maintain trover upon a breach of it. |
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Ambler v. D. Warwick & Co. |
1 Leigh 195, Supreme Court of Appeals of Virginia (March 01, 1829) |
1829 |
(Absent Coalter, J.) M. by deed of trust conveyed (inter alia,) 20 slaves to a trustee, to secure a debt due to W. & Co. payable twelve months after date of the deed: Within the year, M. sold one of the slaves to A. two to B. one to C. and one to R. who alleged that M. sold at request and by authority of W. & Co. When the debt fell due, all the... |
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ARMS FOR DEFENCE OF NEGROES AT LIBERIA. |
2 U.S. Op. Atty. Gen. 272 (September 21, 1829) |
1829 |
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Administrative Decisions & Guidance |
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