The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1845-01-17

laws Of Ohio, they had received no con-
sideration.
"The case recently came before the
supreme court at Chillicothe, which
gave decision in favor of the claim
ant"
We have received from Judge Birch
ard, one Of the judges who tried the
case, the following correction. as to the
point decided:
"1he above, which noticed for the
first time, misconceives the point deci-
ded by the supreme court, and may
mislead the public. The decision was
made by Judge Wood and myself.
"The case was this: A slave fled
from his owner, was pursued and re-
captured in Pike county, Ohio. Sun
dry citizens OF this State agreed with
the owner that, if he would relinquish
his right to transport the slave to Vir-
ginia and manumlt him, they would
pay him $500.
"lhe court held that a note given in
this State for the sale of slave, is
without consideration, and payment
thereofcannot be enforced in the courts
of the State.
"That the forbearance to pursue
legal right, is a good consideration for
a promise.
"That, under the constitution and
laws of the United States, a person
living in a slave State has right to
pursue a fugitive slave into this State,
to take and remove him; that the obi
cation was collectable. because, upon
the facts, the consideration of the
promise was the plaintiff 5 relInquish-
ment of the right to remove his slave.
The Lancet arrived at this port on
Saturday evening. She left Birming-
ham on the Goth, in com ,,anv with the
Reindeer, and came up to the gorge at
the Devils Bake Oven. The two boats
were employed during most of the day
in cutting away the ice, which was
generally abou! ten feet thick, butsoit.
In the evening, being short of wood,
the boats dropped down to Jenkins
Landing. In the night the gorge gave
way, and by | O'Clock nextday (27th)
the channel was sufficiently clear to
enable the Lancet, Reindeer, Caspian,
and Capitol to pass up.
The Palestine and Allegheny were
both afloat, clear Of ice, and taking in
the freight which they had landed and
housed on the bank. The Yucaian
and Jerry boat were lying to at Hat
island, and the Walnut Hills aground
at the same place.
The Lancet came to on the night of
the 27th, at St. Mary's Landing, with
the Capitol under her stern. About
1lo'cIock, p. m, the Capitol took fire
near the forward end of her boilers,
and in two minutes was enveloped in
flame from stem to stern. The deck
passengers and crew, and all the cabin
passengers, except three, escaped in
safety. Mr.. DalrympIe and his wife,
and their son Joseph, from Lynn, Mas
sacusetts, were, it is supposed, sonsu-
med on board. The daughter Of Mr..
Dalrymple was saved.
The rapidty with which the hlmes
spread prevented The possibility of sa-
wing anything except few articles of
baggage, and several persons were only
enabled to reach the shore in their
night clothes.
After the fire had ragged until i, was
obvious nothing could be effected to-
wards saving any part Of the Capitol,
she was cut adriit, but did not float
from her berth till she was nearly con-
>umed. She was then carried down
by the current, and when last seen was
floating round the point below, burned
nearly to the waters edge, and must
have sunk soon after.
The Capitol was nearly new; was
commanded by Capt. Birmingham, and
bound from Pittsburg to St. Louis with
'o' Soi 81
At the time of the FIRE the Lancet
vas IN imminent danger. Her stern
upper works were considerably scorch-
ed; but the extraordinary efforts ofthe
crew saved her. She brought up the
of the Capitol-and among
them the distressed daughter of Mr..
Dalrymple.--Sl. Louis Reporler, De-
cem6er 80.
The John Bull arrived last evening
fl ON New Orleans, reports the Rein
deer sunk at lb.rty;a on board saved,
but boat and cargo total loss. She
went down to the boiler deck, and was
nearl y in the channel.-Ibid.