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State v. Post

Supreme Court of New Jersey
20 N.J.L. 368 (1845)


Facts

In 1804, the New Jersey legislature enacted a law declaring every child born of a slave after July 4, 1804 to be free, though remaining a servant until reaching a certain age. By 1844 the few hundred slaves in New Jersey who had not yet been manumitted had a legal claim against their masters for maintenance if they were unable to support themselves. In 1844 New Jersey adopted a new state constitution. A provision in the new constitution declared that all men are free and possess certain unalienable rights, including the right to life, liberty, property, and the pursuit of happiness.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Nevius, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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