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was a minor at the time of the voyage to France, and could give no legal consent; because the condition of freedom was de facto impressed on the person held to service, so carried to a foreign country, without having run away or escaped...; but the right to personal freedom by such residence, in such foreign country, was acquired by, and stamped upon the person so previously held to such service, and such a person is entitled to freedom.
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It is for the jury to decide the fact, whether the plaintiff's daughter, Josephine, was taken to France on a mere passage through the country, or for the purpose of temporary residence. That in the opinion of the court, it makes no difference, that the donee or owner of the slave, as the defendant,
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This fact was submitted to the consideration of the last jury, who tried the cause under a charge of the judge, which we consider to be correct, and was found in favor of the party whose liberty is claimed. Being free for one moment in France, it was not in the power of her former owner to reduce
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That if the plaintiff's daughter, Josephine, was taken by the person claiming her services as a slave to a foreign country, where slavery does not exist, and is not tolerated, and by the laws of which such slave would be entitled to her liberty, for the purpose of residence, even temporarily, that
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is, for any other purpose than mere passage through such country, and perhaps even then, the person so taken to such country would become free, and that freedom once impressed upon an individual was indelible; and the status, or condition in society of such party could not be changed.
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by the US Supreme Court. Justice McLean dissented from the court's decision that a slave was a piece of property that could be transported by his owner from a state into a territory that banned slavery without losing his slave status. He cited
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cited the precedent in his dissent of the majority ruling. Seven of the nine justices did not abide by the precedent in what has been considered the worst decision ever made by the
Supreme Court.
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The case was tried in
Louisiana state district court in June 1835. At trial, the evidence established the facts as alleged. The judge delivered instructions to the jury as follows:
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who is taken to a territory that prohibits slavery cannot be again reduced to slavery on returning to a territory that allows slavery. The ruling was cited as precedent to the 1856
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The jury returned a verdict that "Josephine is entitled to her freedom." The defendants appealed the case, which was heard by the
Louisiana Supreme Court.
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as precedent. Seven of the nine justices did not abide by the precedent in what has been considered the worst decision ever made by the
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In 1835, Josephine Louise, a slave, was transported by the defendant Marot from
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on her arrival in France and could not be reduced again to slavery.
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heard by the
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82 Chi.-Kent L. Rev. 3 2007. Retrieved August 20, 2012.
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