401:“he question submitted to us is, whether Milly is by law entitled to her freedom? When we only look to the facts in this case, we see on one side a man largely indebted, hiding his property, and in fact destroying it, to prevent his creditors from reaping any benefit there from, and in this case, Shipman has been base enough to emancipate the slave to injure and ruin his security. We feel disposed to view him in a light but little below that of a felon. But there are two sides to every question; here is also the case of a person claiming the benefit of the ordinance of Congress of 1787, for the government of the Northwestern Territory, which declares, that in that country there shall be neither slavery nor involuntary servitude.”
420:, the Supreme Court of Missouri was faced with the decision of whether it should declare a slave free based on the laws of a free territory or state. Lucinda Carrington, the owner of a slave named Julia, lived in Kentucky. When Carrington announced her plan to move to Illinois with Julia, a neighbor warned her “that if she took there she would be free.” In an attempt to evade the law, Carrington arrived in Pike County, Illinois with the slave, but asserted her intentions to hire Julia out in Missouri. For a month, Julia stayed with Carrington in
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443:"In the case before us the owner of the slave was not an emigrant, but went into Illinois with an avowed view to make that State her home. She took up her residence there, with her slave in her possession, and kept the slave there for upwards of one month, and treated the slave in all respects as slaves are treated in States where slavery is allowed. These acts of the owner surely amounted to the introduction of slavery in Illinois.”
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purposes, and had no right to emancipate the plaintiff in
Kentucky or elsewhere; indeed, it seems to be conceded on all hands, that Shipman could not have emancipated Milly by his express deed, and why give indirect and fraudulent efforts and implied assent for effect than his deed could have? I incline to consider the plaintiff in the light of a purchaser from Shipman, with a full knowledge of Smith’s lien.”
310:. During his tenure, Wash worked to promote road structure and related improvements for the city, such as sidewalks and proper road surfacing and grading. He was also active in making upgrades to the harbor and levee. Wash was prescient in his thinking that unless proper dikes were built, the west side of the river channel would eventually be choked with sand bars, a situation that did come to pass.
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Rachel appealed to the
Missouri Supreme Court in 1836. In a unanimous decision, the judges agreed with her claim. Speaking for the full court, Judge McGirk declared, Stockton's “voluntary act done without any other reason than that of convenience,” not necessity... “and those claiming under him must
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After the death of Judge Rufus
Pettibone, Wash was appointed to the Supreme Court of Missouri. Taking his seat in September 1825, Judge Wash performed his duties until his resignation in May 1837. At the time, the state supreme court consisted of only three members. The head of the court was, and is,
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To distinguish individuals passing through the state from those residing there, he continued, "We are of opinion that it is the undoubted right of every citizen of the United States to pass freely through every other State with his property of every description, including negro slaves, without being
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Julia sued for her freedom in the
Circuit Court of St. Louis County, naming her new owner as defendant. She contended that she and Carrington had lived in Illinois from late October to early December 1829. To Julia's disadvantage, the court's instructions to the jury centered on Carrington's intent,
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In the resulting dispute, the five freed people pressed suit to re-establish their freedom from Smith in the
Circuit Court of St. Louis. Milly and her children spent much of the next five years in jail as the freedom suits moved through the courts. In late March 1828, when the combined cases came to
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Wash's colleagues noted he had a passion for hunting and kept a pack of hounds. One anecdote puts Wash on the bench when "an attorney who understood the judge's proclivity for sports of the field whispered to him that they had started three at one time in the neighborhood of the judge's residence.
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Judge Wash agreed that the lower court's jury instructions had been given in error, but insisted that intent was an essential element of residence. “A bare removal into the State can form no ground on which to set up the claim; especially when it is shown that the removal is not made with a view to
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This freedom suit by an enslaved woman of color hinged on the question of whether or not a slave was forfeited if taken into territory where slavery was prohibited. Rachel's claim was based on a legal clause from a decade earlier that allowed slaves to petition for freedom based on their status as
476:
also sued
Choteau for her freedom. The 1826 case hinged on the plaintiff's skin color, and whether she was red or black. Another important factor was whether the slave status of an Indian claimant, who had survived the transfer of Louisiana to Spain, continued under Spanish rule and remained under
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Rachel sued Walker for her liberty in 1834, saying she had lived in a free territory and according to the “once free, always free” precedent, was no longer a slave. The St. Louis
Circuit Court found against Rachel, asserting that Stockton had no say in where he lived since that was decided by the
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The jury returned a verdict against Julia, who appealed to the
Supreme Court of Missouri. The upper court found in Julia's favor, dividing 2–1 with Judge Wash dissenting. Writing for the majority, Justice McGirk opined that the 6th article of the State of Illinois' constitution supported Julia's
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In his dissent, Wash asserted that “the mortgagee is the legal owner. Various authorities have been cited on both sides for and against the position. Most clearly the mortgagor is not the full owner, he is at most but the qualified owner. In this case
Shipman was the qualified owner for specific
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Catching up with
Shipman in Illinois, Smith confronted his uncle, who acknowledged his debt, noting that he had left sufficient property in Kentucky to satisfy any foreclosure. Smith, however, wanted the slaves. In early 1827, he kidnapped five of the individuals and relocated them to St. Louis.
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Judge Wash testified in Lucy's case that, "the defendant, Lucy A. Berry was a mere infant when he came in possession of Mrs. Fannie Berry's estate, and that he often saw the child in the care of its reputed mother Polly, and to his best knowledge and belief, he thought Lucy A. Berry was Polly's
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and had two daughters while with the Berry and Wash families. Polly was ultimately sold to Joseeph Magehan. Having lived for a time in the free state of Illinois, before she came to the Berry and Wash households, Polly sued Joseph Magehan for her freedom. Polly won her freedom and filed another
668:
Reminiscences of the Bench and Bar of Missouri: with an appendix containing biographical sketches of the judges and lawyers who have passed away: together with many interesting and valuable letters never before published of Washington, Jefferson, Burr, Granger, Clinton, and others
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In May 1818, Judge Wash was part of a group entering into an agreement to build a theater. A lot on Chestnut St. was purchased for the purpose and a foundation was constructed. But when funds ran out, the project was abandoned. A wood-frame livery stable took over the site.
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He was also an indefatigable booster for the City of St. Louis, foreseeing a great future for the municipality. As soon as he was financially able, he began buying real estate. The properties laid the foundation for a considerable fortune, which enjoyed throughout his life.
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In his dissent, Judge Wash asserted that regardless of territorial transfer, the rights of the owners of Indian slaves "are secured and protected as well by the law of nations as by the express stipulations of the cession to the United States." The new trial was set for
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for her health and died there by February 6, 1829. His second wife, Eliza Catherine Lewis Taylor, the daughter of Colonel Nathaniel P. Taylor, had four sons: Robert, William, Clark and Pendleton, and five daughters: Elizabeth, Virginia, Julia, Medora and Edmonia.
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passed a law providing a process for enslaved persons to sue for freedom and have some protections in the process. The years between 1824 and 1844 are considered the "golden age" of freedom suits since many slaves won their freedom in these years. Following the
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rather than her actions. If they believed Julia “was taken into the State of Illinois by her owner without any intention on the part of such owner to make that State the residence of Julia, that the plaintiff is not entitled to recover in this action.”
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He was immediately taken with severe cramps in the stomach, which rendered an adjournment of the court necessary. Within an hour he was in his saddle, following closely upon the heels of the hounds. These sudden attacks were of frequent occurrence..."
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Meanwhile, Stephen Smith was unhappy with his uncle's departure and his obligation to settle Shipman's debt. Having plans himself to resettle in St. Louis, Smith hoped to discover his uncle's whereabouts and recover the slaves as “portable wealth.”
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U.S. law. Enslavement of blacks was authorized under both French and Spanish law, whereas Indians were deemed free under the latter. The circuit court found for Chouteau, leading to an appeal before the Missouri Supreme Court.
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residence. The intention of the owner as previously declared, is the only evidence that can exist in such a case...The intention with which a thing is done gives color and character to almost every transtion.”
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not sitting. With the agreement of all parties, the appeal was heard again in front of the full court. This time, McGirk and Tompkins found for Marguerite, on the basis the circuit court had erred in
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resident asked his adult nephew, Stephen Smith, to provide security for him. Shipman deeded him the mortgage on his land and other property, then fled to Indiana with his remaining seven slaves. In
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Two appeals reached the Missouri Supreme Court. In the final decision, Milly was freed. The court was split 2–1 with Judge Wash in the minority. Writing for majority, Justice McGirk stated:
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Judge Wash married twice. By June 3, 1826, he was married to Frances (Fannie) Christy Berry, the daughter of Major William Christy, with whom he had a daughter, Frances. Frances traveled to
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in any way subject to forfeit his property for having done so, provided he does not subject his property by a residence to the action of the laws of the State in which he may so reside.”
589:. Major Taylor Berry had purchased Polly as a domestic servant. When Major Berry died in a duel, his widow married Judge Robert Wash, who was then responsible for Polly, who was
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community. Shipman told his new neighbors the black persons in his household were free. They later testified the former slaves were permitted to come and go as they pleased.
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be holden to abide the consequences of introducing slavery both in Missouri territory and Michigan, contrary to law. The judgment of the Circuit Court is reversed.”
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428:, Missouri. When Julia fell ill, Carrington had her return to Illinois. When she recovered, Carrington sent her to St. Louis, where she was sold to S. McKinney.
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A number of notable cases were decided during Judge Wash's term. Many of these were suits in which slaves petitioned for their freedom. At the end of 1824, the
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child." Harry Douglas, a former overseer on Wash's farm, corroborated the statement. Since Polly should have been free when she gave birth to Lucy, under
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claim and declared that slavery would not be introduced into the state – "any violation of this article shall effect the emancipation of such person.”
217:. He was the youngest of seven children born to William Wash and Anee Lipscomb Wash(born Anee Kennedy). His parents were wealthy enough to send him to
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After retiring from the court, Wash lived among family and friends at his St. Louis home for the rest of his life. He died on November 30, 1856.
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was one of the last of several related freedom suits begun in about 1805 with a petition from a slave named Catiche. The granddaughter of a
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Indians campaigning with the British. But, as the bulk of fighting was occurring further east, Howard's soldiers saw few of these warriors.
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David Shipman's creditors seized and sold two of his slaves to satisfy a portion of his debt. Faced with further foreclosure, the
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Indian woman, Catiche was nominally-owned by a member of St. Louis' founding family, the Chouteaus. A territorial court found in
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542:. At Fort Crawford, Rachel gave birth to a son, James Henry. Stockton later sold the pair to William Walker of St. Louis.
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decision, in which the "once free, always free" precedent was overturned, very few slaves pressed successful suits.
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Army. It was not his choice to take Rachel to a free territory, they reasoned, so she had no claim to freedom.
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221:. He graduated in 1808, at the age of 18, spent the following two years studying law, and was admitted to the
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Genealogy of the Lewis Family in America, From the Middle of the Seventeenth Century Down to the Present Time
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from September 1825 to May 1837. During his term, the pro-slavery judge, who owned slaves himself, wrote the
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Members of the Quaker community pursued Smith and reseized the group, intending to return them to Illinois.
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504:, where after two trials, Marguerite was set free. The Supreme Court of Missouri reaffirmed the finding.
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Reports of Cases Argued and Determined in the Supreme Court of the State of Missouri from 1821 to 1827
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in 1821 and St. Louis was incorporated, Wash was elected to its first nine-member board of
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The ruling in Rachel v. Walker was referenced as a precedent in the Dred Scott trials.
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Before Dred Scott: Slavery and Legal Culture in the American Confluence, 1787–1857
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papers for them, effectively freeing Milly, her three children and two young men.
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Judge Wash's decision to split up a family of slaves he owned was the impetus for
813:"Garrott Kennedy & et al vs. Croskey Kennedy, Will of Charles Kennedy (1784)"
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U.S. state supreme court judges admitted to the practice of law by reading law
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817:
Louisa County Virginia Chancery Records, Virginia Memory, Library of Virginia
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Omohundro Institute of Early American History and Culture (October 4, 1930).
1218:
Unexpected Places: Relocating Nineteenth-Century African American Literature
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469:'s favor. The decision was then reversed by the Circuit Court of St. Louis.
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freedom suit for her daughter, which was tried beginning in February 1844.
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On appeal, the lower court verdict held as the court split evenly with
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The case is considered an official end to Indian slavery in Missouri.
1066:. Cape Girardeau, Missouri: Printed for the editor. pp. 111–113.
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783:
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Wash was an Episcopalian who served on the vestry of Christ Church.
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known by the honorific "Justice," the others by the title "Judge."
569:
905:"United States War of 1812 Index to Service Records, 1812-1815"
866:"United States War of 1812 Index to Service Records, 1812-1815"
891:
Papers in Illinois History and Transactions for the Year 1904
851:
Annals of St, Louis in its Territorial Days From 1804 TO 1821
574:
St. Louis Circuit Court Summons for Robert Wash in the case
1115:
The Missouri Supreme Court: From Dred Scott to Nancy Cruzan
752:
From the Darkness Cometh the Light or Struggles for Freedom
1117:(First ed.). University of Missouri. pp. 28–32.
1325:. The State Historical Society of Wisconsin. p. 376.
989:"Before Dred Scott: Freedom Suits in Antebellum Missouri"
754:. University of North Carolina at Chapel Hill. p. 3.
522:
Rachel had accompanied her master Lt. Thomas Stockton to
1081:"Julia v. McKinney I: An Owner's Plan to Thwart Freedom"
180:. However, he did join in the unanimous finding for the
345:
The following are important cases heard by Judge Wash.
538:, slavery was outlawed in the region northwest of the
156:(November 29, 1790 – November 30, 1856) served on the
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where the officer was stationed. As mandated by the
519:"poor people" with "limited rights and privileges."
283:. Wash traveled with Howard on an expedition up the
1303:"Mrs F Berry and Robert Wash married in St Louis".
1220:. University Press of Mississippi. pp. 50–51.
484:siding with the plaintiff, Judge Wash against, and
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1247:In Her Place: A Guide to St. Louis Women's History
1143:St. Louis Circuit Court Historical Records Project
1341:Missouri Intelligencer and Boon's Lick Advertiser
893:. Illinois Historical Society. 1904. p. 147.
585:freedom suit and that of Polly Wash's daughter,
1026:Redemption Songs: Courtroom Stories of Slavery
963:Missouri Courts, Judicial Branch of Government
472:As Catiche's action moved forward, her sister
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695:"United States Census (Slave Schedule), 1850"
672:St. Louis: F. H. Thomas and Company. p.
264:of the Louisiana Territory in November 1811.
8:
931:"The Forgotten War: Missouri from 1812-1815"
1195:. Cambridge University Press. p. 214.
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209:Wash was born on November 29, 1790, in
1278:Andrews, William L. (April 25, 2011).
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424:, then was hired out 30 miles away in
1376:Justice of the Missouri Supreme Court
1139:"Freedom Suits Case Files, 1814-1860"
1113:Dunne, Gerald T. (February 1, 1993).
7:
1024:VanderVelde, Lea (October 9, 2014).
854:. St. Louis: Printed for the author.
1250:. Missouri History Museum. p.
1167:"Freedom Suit:Rachel v Walker 1836"
1434:Freedom suits in the United States
379:where they took up residence in a
260:appointed Wash to the position of
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1191:Twitty, Anne (October 31, 2016).
581:Judge Wash was a witness for the
375:The entire group continued on to
313:During his first term, President
271:, Wash served as a lieutenant in
197:'s freedom suit and her daughter
768:"Genealogical Notes and Queries"
291:as part of a plan to strike the
275:'s mounted regiment and then as
1321:Terrell Lewis, William (1893).
1216:Gardner, Eric (June 17, 2010).
576:Polly Wash v. Joseph M. Magehan
566:Polly Wash v. Joseph M. Magehan
558:Polly Wash v. Joseph M. Magehan
321:for the district of St. Louis.
1307:. Massachusetts. June 3, 1826.
1280:Slave Narratives after Slavery
1244:Corbett, Katherine T. (1999).
772:The William and Mary Quarterly
665:Van Ness Bay, William (1878).
43:Missouri Supreme Court Justice
1:
1449:American proslavery activists
1343:. February 6, 1829. p. 2
248:) and set up a law practice.
1454:19th-century American judges
848:Billon, Frederic L. (1888).
722:Wong, Edlie L. (July 2009).
1419:Missouri state court judges
1282:. Oxford University Press.
1028:. Oxford University Press.
536:Northwest Ordinance of 1787
492:, and ordered a new trial.
356:In 1826, bankrupt, elderly
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1062:Houck, Louis, ed. (1870).
726:. NYU Press. p. 140.
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16:American judge (1790–1856)
1439:United States slavery law
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993:Missouri Digital Heritage
750:Delaney, Lucy A. (2001).
724:Neither Fugitive nor Free
500:, but was transferred to
335:Missouri General Assembly
158:Supreme Court of Missouri
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219:William and Mary College
601:partus sequitur ventrem
530:, both of which lay in
467:Jean-Pierre Choteau Sr.
262:Deputy Attorney General
228:In 1810, he settled in
104:Louisa County, Virginia
1414:Lawyers from St. Louis
959:"Supreme Court Judges"
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459:Marguerite v. Chouteau
452:Marguerite v. Chouteau
325:Missouri Supreme Court
319:U.S. District Attorney
178:Marguerite v. Chouteau
132:Bellefontaine Cemetery
1429:American slave owners
938:Friends of Arrow Rock
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302:When Missouri gained
164:on several important
141:Frances Christy Berry
1386:John Cummins Edwards
252:Early public service
76:John Cummins Edwards
1337:"Frances Wash died"
234:Louisiana Territory
121:St. Louis, Missouri
1361:Political offices
1305:Columbian Centinel
756:edition=Electronic
614:Pensacola, Florida
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498:St. Charles County
287:from St. Louis to
238:Missouri Territory
162:dissenting opinion
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1383:Succeeded by
1087:. 6 February 2007
929:Dickey, Michael.
418:Julia v. McKinney
410:Julia v. McKinney
285:Mississippi River
174:Julia v. McKinney
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273:Alexander McNair
256:Acting Governor
187:Rachel v. Walker
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422:Pike County
370:manumission
269:War of 1812
267:During the
244:joined the
201:'s memoir.
154:Robert Wash
61:Preceded by
23:Robert Wash
1398:Categories
1380:1825–1837
1347:2022-01-30
1171:Black Then
1124:0826208266
1085:Elektratig
778:(4): 351.
639:References
540:Ohio River
474:Marguerite
340:Dred Scott
205:Early life
195:Polly Wash
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426:Louisiana
304:statehood
242:Louisiana
230:St. Louis
182:plaintiff
138:Spouse(s)
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308:aldermen
215:Virginia
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289:Peoria
190:case.
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788:JSTOR
246:Union
240:when
1284:ISBN
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