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D, being the owner of 8 slaves, desired to take them from her residence in Norfolk to the State of Texas, She embarked, in the steamship for New York, with a view to secure passage to Texas. The colored persons sought to be discharged from imprisonment were, on the preceding night, taken from the steamer City of Richmond, in the harbor of New York, and were confined in a certain house in Carlisle street in New York City. Napoleon (P), another man of color, noticed their plight and applied to the court for a writ of habeas corpus. Slavery was legal in Virginia but not in New York. New York law stated that any slave brought into the state was free. D stated she had no intention of staying in New York and was merely in transit to Texas. Ds also stated that she was compelled by 'necessity or accident' to take passage from Norfolk. The court granted the petition and set the slaves free. D appealed.

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