partus sequitur ventrem
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 25 U.S. 590 - Mason and Another v. Matilda · 1827Most cited · 7 citing opinions
And that case was a stronger one of the effect of infancy than the present; for here the rule 'partus sequitur ventram' must take effect. The three children of Matilda claim their freedom on the supposed emancipation of their mother; but their mother did not, and could not, set up the circumstance of infancy in herself.
How the Supreme Court has restated “partus sequitur ventrem”
Each Supreme Court definition of “partus sequitur ventrem,” sized by how often later courts cited it. “Change” is measured by wording overlap with earlier definitions — a rough signal, not a semantic judgment.
How often courts cite the cases defining “partus sequitur ventrem”
Court decisions citing the 3 opinions that defined “partus sequitur ventrem” — 23 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 3 definitions, chronological · 1827–1834
- ORIGINAL
The issue is, we believe, universally considered as following the mother, unless they be separated from each other by the terms of the instrument which disposes of the mother.
It is admitted to be a settled rule in the state of Tennessee, that the issue of a female slave follows the condition of the mother. If, therefore, Eliza and Cynthia were slaves when their children were born, it will follow as matter of course, that their children are slaves also.
issue of female slave