Richmond palladium. [volume] (Richmond, IA [i.e. Ind.]) 1839-1854, 1851-01-29
E,s,por,:.nt s,asc Decided.
SUPREME COURT 0F TIE UNITED
STATES


STATES.
= phcKss.a Term. 1850.
. Jacob Ssraler, James German and Joh
!, Armstrong plaintiffs IN ersor.vs. CHS
tipaer Graham. la error 10 the Coui
i OF Appeals tor the State Of Kentucky
Mr.. Chief Justice fancy delivered n
!, opinion Of the Court:
: This case'was brought here by wFi, c
error diree.asl TO Inc Coaf, of Appeals Q
the State o. ke;.sucky.
$ The facts IN the case SO far as thew ar
material to the decision of this Court. ar
briefly as follows:
ihs detenflent in error is a citizen o
: the State 0. kentucky. and three negrs
men whom he claimed and held as hi:
slaves were received on board the steam
boat fike.a' Louisville. wittou, his knowl
edge or consent, aud transported to Gin
cinnati. ana from that place escaped io
Canada. and were finally los. 10 him
1he proceedings before us were insti-
tuted under the statute of ken,uckv in
tie Louisville Chancery Cour.against the
rlalntifls IN error, to recover the value o
the slave which had thus escaped; and ir
defsul. of payment by them, To charge
the boat itself with the damages sustain
ed Strader and German were the own.
ers Of the boat, and Armstrong the mas.
ter.
The Plaintiffs in error. amongst other
defences. insisted that the negroes claim
ed as slaves were free; averring that some
time before they were taken on board the
steamboat. they had been sent by the per-
mission of the detendent in error, 10 the
State of Ohio 10 perform services as
slaves; and that in consequence thereof
they had acquired their freedom, and
were free when received on board the
boat. .a
], appears by the evidence that these
men were musicians. and had gone to
Ohio on one or more occasions 20 per-
form at the public entertainments; that they
had been take there for this purpose with
/ the permission of the defendent in error
by man by the name of Williams, un-
der whose care and direction he had for
time placed them; that they had always
( returned to Kentucky as soon as that
brief service was over; and for. the two
years preceding their escape they had not
/ left the State of kentucky, and had re-
mained there in the service Of the. defen-
I dant in error as their lawful owner.
The Louisville Chancery Court finally
decided that the negroes in question were
his slaves; and that he was entitled to
$4,000 for his. damages. And il that
sum was not paid.by a cerfaih day specif-
I Z. il, tic Aecree. iS-.s9,rected tbaf atr
- satsa',oef should. .5e sold for the pucaose
81 raising il, togeihoAwith the costs OF
y = leaa Z! y! =. s..;: !.
: error Upon flS. s,ar.acnt.
Mgeh Of taa argument o1. the. pafi oi
I, the. plaintiffs il. rcor has been offered for
the purposei.of s,owing that the Judgment
Of the SmsSCo p. was erroneous in decid-
ing ttat4k6ts negroes are slaves. And il
is nsiste II at taeir previous employment
in Ohio had made then free when they
returned to Kentucky.
But this question is not before us
Every State has an undoub,ed right to
determine the STATUES or domestic and
social condition of the persons domciled
within its territory, except in SO far as the
powers of tine States in this respect are re-
strained, or duties and obligations impos-
ed upon them by the Constitution Of the
United States. There is nothing in the
Constitution Of the United States THAI can
in any degree control the law Of Kentucky
upon this subject. And the condition of
tho negroes, therefore, as 10 freedom or
slavery. after their return, depended alto
gether upon the laws Of that state. and
could not be influenced by the laws OF
Ohio. 1t was exclusively in rhe power Of
Kentucky 10 determine Tor itself whether
their employment in another State should
or should not make them free on their re-
turn. The Court of Appeals have deter
mined that bv the laws Of the State they
continued to be slaves. And their judg-
ment upon this poinsi is, upon the writ Of
error. conclusive upon this court. and we
have no jurisdiction over it.
But il seems to be supposed in the ar
gunent TIA; the law of Ohio, upon this
subject. has some peculiar force by virtue
Of the Ordinance of 1897, for the gov
ernmeni of the North Western. Territory
Ohio being one of the States carved cat
Of it,
, One Of the articles Of this ordinance
pc5vides THAT there shall be neither sla
very or involuntary scrviude n the said
Territory, otherwise than in punishment
for crimes whereof the party shall have
been duly convicted; but that any person
csc apiBg into the same. for whom labor or
service is lawfully claimed in any one OF
the original States. such fugitive may be 4
lawfully reclaimed and conveyed to the
person claiming his or her labor or ser
vice as aforesaid" And this article is
one Of the six which the ordinance de- |
claTss shall be compact between the orig /
inal States and the people and States in
the sail territory. and forever remain un-
a..erable. unless by common consent.
%. 81
ficles which that ordinance declares to be |
are still in force in the States
since formed within the territory, and ad- !,
miited into the Union.
II this proposition could be maintain
ed, It would not alter the question For
the regulations OF Congress of the old
confederation or the present Constitution.
for the government Of a particular terrific |
nv, could have no force beyond its limits.
II certrinly could no, restrict the powers
IF the States within their reSDectiyc terri /