Richmond palladium. [volume] (Richmond, IA [i.e. Ind.]) 1839-1854, 1848-03-08
For the Palladium.
For the Palladium.
Has q Shareholder q legal right
% pass through the State Of lsa.
diana with his Slaves!

20 pass through the state Oh 1M.
diana with his Slaves!
Messrs. Editors: The prevalent opinion
IN our State is, that the slave owner has
he right, whilst emigrating or travelling,
20 pass with his slaves through the State;
and that an entry into our State for such
purpose will not destroy the relation OF
master and slave. Believing such an opin-
ion highly erroneous think solution Of
the above query would no, be destitute
utility. Whilst would refrain from any
with the local institutions Of
the South, would at the same time con-
tend that no man has right to pol!ute the
soil Of Indiana, by even The temporary in
PRODUCTION of servitude.
In our Revised Code Of 1881, page
376, we find the following provisions:
"That the RICH: Of any person or persons
to pass through this State, with his, her or
their negroes or mulattocs, servant or SER
wants, when cmigrating or travelling to
any other State, territory or country, ma
king no unnecessary delay, is hereby
declared and secured" In the Revised
Code of 1913, page 1923, this provision
is excepted from the operation of the re-
pealing clause, and it therefore remains a
law of this State. l will now attempt to
prove that the above legislative enactment
is reprgnant to the fundamental law Of
our State and therefore void. The Con-
stitution Of our Stste declares ''That
all men are born equally fee and indie
pendent, and have certain natural, inher-
ent and unalicnable rights, among which
are, the enjoying and defending life and
"1here shall be neither sla-
very nor involuntary servitude in this
State, otherwise than for the punishment
ofcrimes whereofthe party shall have been
duly convicted" Under the operation
Of these clauses Of that Constitution, sla-
very cannot exist under any pretext for one
moment within the jurisdiction of:he State
of Indiana. Our constitution contains no
provision in favor Of the temporary resi-
dence Of slave holder, neither does it
allow the right Of a master to take his
slave directly through the State. Who
ever voluntarily brings his slaves into our
State, no matter for what purpose, makes
them free men.
In Forbes vs. Cochranc, g Barn. &
Cresser, Justice Best says, "Slavery is a
local law, and therefore if man wishes
to preserve his slaves, let him attach them
to him by affection, or make fast the bars
of their prison, or rivet we'll their chains,
for the instant they get beyond the limits
where slavery is recognized by the local
law, they have broken their chains, they
have escaped from their prison, and are
free" 1t has been held in Louisiana,
Connecticut and Missouri "that if per-
SON with slave goes into State even
for amoment, where it is declared that sla-
very shall not exist. the slave Immediately
becomes free. In the case of the State of
Massachusetts VS.. AYES 18 Pick 2l7,
Chief Justice Shaw says, THAT by the
general and now established law Of this
commonwealth bond slavery cannot exist,
because it is contrary to natural right,
and repugnant to numerous provisions of
the constitution and laws, designed to Sc
cure the liberty and personal rights of all
persons within its limits and entitled to
the protection of the laws. That though
by the laws Of a foreign State, meaning by
foreign in this connection, a State govern
ed by its laws and between which and our
own there is no dependence one upon the
other, but which in this respect are as in
dependent as foreign States. person may
acquire property in slave. such acqui-
sition being contrary to natural right, and
effected by the local law, is depended up
on such local law for its existence and eff
cacy, and being contrary to the flnda-
mental laws Of this State, such general
right of property cannot be exercised or
recognized here. That as general rule.
all persons coming within the limits of a
State, become subject to all its municipal
laws, civil and criminal, and entitled to
the privileges which those laws confer: that
this rule applies as well TO blacks as whites,
except in the case Of fugitives. to be after
wards considered; that if such persons
have been slaves, they become free, not
so much because any alteration is made
in their condition, as because there is no
law which will warrant, but there are laws
which prohibit their forcible detention or
removal. That the law arising from the
comfy of nations cannot apply; because
If ii did. it would follow as a necessary
consequence, that all those persons. who
by force of local laws, and within all for
eign places where slavery is permitted.
have acquired slaves as property, might
bring their slaves here and exercise over