New-York daily tribune., 1851-08-01
imror,an, TO Slave Owners and Other,
Prem the Cincinnati Commercial.


\ case Of considerable Importance to
Southern men, and involving some points OF general
interest, was decided by Judge Key on Saturday.
The plaintiff Harper, was a farmer IN Boone County
Kenucky, and the defendant was well known col
ortd VeTSOn OF this city, named keytc. Oil was
fi,ed 6y the plaintiff to foreclosc a mortgage and
The defense was a want of consideration for the
mortgage. The facts were these Inc complainant
had been the owner Oi three slaves man the son
OF the Gefendant) woman. ana child, the oHspfng
of the other two slaves The three were worth IN
Kentucky about 81 300. They escaped rom t!er
master and came to this city III lci9. where lley
were concealed The master pursued but was un-
able 10 discover them, and the defendant opened
necotatlon with the complainant for tue purchase OF
the three slaves Finally, they were sold 10 nm Tor
$3.50 and bill Of sale executed IN THIS CITY Oy COM
plainant IN which he warranted that he had good
le To the slaves but did not undertake to give pos
session Of them The defendant executed 10 hlm
pIomissoIy notes pr the payment oil me money, ana
4 mortgage. on which the suit was oronsh' Inc
frt point urged by the Geiense, was thi heytc was
deceived by The complainant VINO "aS thdigei 70
lave represented he female SLAVE - oe 'he ~e ~
ms (cGGncanisl >on both verbally. -" ~ tlc IN oi
e. sale, when m fact, as defendant cam.> sue We
hot-IeNi, that the plaintiff had warranted Ia "lc
ecoc 10 The slaves, hen (aS defendant lns sicf.. 81"
TIC tine Of the escape he man was lot slave. 1he
una Tc.ri Of defense Was. that contract within
Tie Stale o. OHIO for the purchase of uglt.c slaves
ihen within The State, could not be sustained under
oar laws
In la;ion to The first point, II was held lT }ltge
h0N iE.t ne iCsI IiLoE showed lt3i ihe verbal rep
reseutaton> e complainant lu regard 10 the fela-
iiUrS EXISTING between the male ana male slaves,
were I'd accordance with the facts that ne state
mtnt ia tie bill Of sale thai she The wife OF de-
ftntant was mere matter of descript on and. also,
tlat according TO the usageS prevailing among slaves
Sic was properly described ms wife.
II was he'd by tie Court, ~ regard 10 the second
lCni, that Il appeared from thc testimony. that the
male hac once come 20 the CITY OF Cincinnati,
CIylDg wagon with his master ard had voluntarily
rcttrrCu On he same c,iv--and that, although the
slave might then. according 10 the rules OF laN uni
YtrsalN recognized IN the Courts OF Ono. have a.
serted his freedom. ard could not have been com
ueier by h MASTER 10 return Yet that. having vol
UrtaTy returned, the status or legal condition OF the
SLAVE so returning 10 Kentucky, remained, according
10 Tie decisions OF the Courts OF that State without
Chal sc. Upon the third point the Court held titl
Il having been decided by the Supreme Court OF the
United States IN "a case involving the same question:
that lie stairs or legal condition Of an alleged fug-
tye from service, 20 be viewed according 10 tne
law of the State from which the escape was made
and the Constitution OF the United States, and the
acf Of Con eress then N force tkaE hlch, erYo-
e9Ip the Iti;ed States Supreme Coat, fkfS Court sgs
no Leie-lar) giving night of recap;ure, suchriSnl
Of recap'ure was sufficient 10 sustain contract OF
sale executed by the master IN free State convey
ing furit,ves then such free State, TO citizen OF
such state The Court further remarked, tna' vac
effect of such CONVEYANCE would be TO place the iu-
eiiives at once IN the condition of free persons a.
COMPLETELY Is any other citizens OF Ohio decree
Was accortinsly rendered fog the confAslnAa' 'o'
the amount Of the mortgage notes.