Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1845-03-27
LAW ITEMS.

MASTER AND SLAVE IN OHIo.-The following is an
extract from the opinion of Judge Read the recent
case Of Hoppers, which has caused some discussion.
This decision may be regarded the law far as
Ohio is concerned, and corresponds, believe, with
recent decisions in Massachusetts
II master bring his slave into the State of Ohio
he loses all power over him The relation of
and slave strictly territorial. If the master takes
his slave beyond the influence of the law which Gre
ates the relation II fals-there is nothing support
1t, and they stand and man. The slave is free
by the laws Of the State which he has been brought
By the MASTER and there Is no law authorizing the
master IL force him back to the State which rccog-
nlzes and enJrces the relation Of master and slave
AZ one time was of the opinion he had the right of
passage through free State with his slave. This
probably would harmonize with the spirit of tie Com.
promise upon this subject. But upon more careful
examination, am satisfied the master must lose his
slave If he brings him into free State unless the
slave voluntarily returns to state Of slavery be-
cause the loses all power over the slave by the
law of the State to which he has brought his slave
and there is no other law authorizing him to remove
him. The Constitution Of the United States only
cognizes the right OF re-capture of fugitive held to
service IN one State escaping INTO dautser. The per-
son owing service must escape from the State where
such service is owed into another State The act Of
Congress carrying into effect the constitutional pro-
VISION, authorizes recapture only when there has
been escape from the STATE where the service was
owed into another State If there has been no such
escape, the master has right of reception and the
slave may go where he peases The master has lost
all control over him. If the master brings his slave
into Ohio and the slave refuses 20 60 any further or
TO return into state of slavery, there is escape
from the State where he owed service. In such case
how could the master prove that the slave had fled
from the State where he owed service-which the act
of Congress requires to authorize his being taken
back The truth is in such case the slave had not
fled escaped, but had been brought by the master
into the State where the relation of master and slave
ceased The facts authorizing his seizure and trans
portaton acquired by the act of Congress not exist
ing, and the laws of the Safe t which he is brought
not recognizing slavery the right of master in any
respect, the slave must necessarily go free if he
choose from the fact that the master has by his own
act lost all power or control over him.
The Supreme Court of the United States has decid-
ed the case of Washington county of Maryland VS..
the Baltimore and Ohio Railroad. The suit in
stituted to recover from the Company million of dol
lars which il was alleged had been forfeited to the
county by the company taking their road through
Washington county, as was required by law of the
! Legislature making appropriation to the stock OF
the Company. This provision of the law repeal
ed by subsequent act of the Legislature, but the
Company insisted it had power to do So, and nsti
tuted suit The Case was carried to the Court of Ap
peals, who decided that the repeating act of the Le
gslature valid, and the right of the county to re-
cover released. An appeal taken to the Supreme
Court and yesterday they unanimously it is said, de-
cided that tie county had no claim against the Rail
road, and gave judgment accordingly.
A COURT NoN-sUITED-The Circuit Court at Ro
chester assembled for the term short time snce the
jury had been sworn and all the preparation for pro
ceeding with the business completed, when the Dis
trct Attorney discovered that the ''green bag con
tanning all the indictments had been surrepttoUs
taken from his possession.
THE RANDOLPH WILL CosIPRoM1sE.-The negroes
(about three hundred in numbcr,) liberated, ant
will receive thirty thousand dollars and their wage
for this year. 1t is probable that tracts OF land vii
be purchased in Texas which they will be settled
The remainder of the estate estimated at from 800
600 to S125, 900. will be divided into five parts
which two-ifths will 60 TO ST. George Randolph,
nephew of full blood and after his death to be share
equally between the relations the maternal and
ernal sides onefth to Fl. st. &c rye Tucker. Esq
fifth TO Judge Beverley Tucker; and the remain
ing one-fifth to the children of Judge Coulter, an
Mr.. Bryan, of Gloucester vino is, specially, exemp;
cd from accounting rents and profits