The southern press., 1851-08-04

IMpoRTAET TO SLAVE OWNERS AND OrRKxe--
A case OF considerable importance to South
ern men, and involving somc points OF eeners}
interest, was decided by Judge Key. at Cincfn-
natl, on Saturday last. The Cincicnati Com
mercial says:
"The plaintiff, Harper, was farmer In Boone
county, Kentucky, and the defendant wa vol
known colored person Of this city, named Ksyte.
A bill was filed by the plaintiff TO foreiose q
mortgage; and the defence was want Of con-
alteration for tho mortgage. The facts were
these The complainant bad been the owner Of
three saves-a man, (the son Of the defsndank.)
two slaves. The three were worth, In Kentnckv.
about $1,000. They escaped from their mas
ter and camc to this city in l849, whers thew
were concealed. The master pursued, but was
unable to discover them; and the defendant
opened negotiation with the complainant for
the purchase Of the three slaves. Finally. they
were sold to him for $3.50, and bill Of ale.
executed in this city, by complainant, in which
he warranted that he had good title to tn
slaves, but did not undertake to give possession
Of them. The defendant executed to him prornis-
sorry notes for the payment Of the money, and
mortgage, on which the suit was brought. The
first point urged by the defence, wss that Ksyte
was deceived by the complainant, who was
charged to have represented the female slave 70
be the wife Of his (defsndant's) son both YER
bally, and in the bill Of sale, when In fact, N
defendant claimed, she was not-next that the
plaintiff had warranted his title good to tie
slaves, when, Gas defendant inssted,) at the
time of the escape the man was not slave.
The third point of defence was, that con.
tract with the State of Ohio for the purchase
of fugitive slaves, then within the State, could
not be sustained under our laws.
In relation to the first point it was held by
Judge Key, that the testimony showed that the
verbal representations Of complainant, in regard
to the relations existing between the male and
female slaves, were in accordance with the
facts that the statement in the bill Of sale that
she was the wife of defendant, was more matter
Of description; and also, that according to the
usages PREVAIL e among slaves, she was prop
erlv described as his wife.
1t was held by the court, in regard TO the sec-
ond point, that it appeared from the testimony,
that the male slave had once come to the city of
Cincinnati, driving wagon with his master, and
had voluntarily returned on the same day--and
that, although the slave might then, according to
the rules of law universally recognized in the
courts of Ohio, have asserted his freedom. and
could not have been compelled by his master to
return yet that, having voluntarily returned, tie
status or legal condition Of the slave 80 return
ing to Kentucky, remained according to the de-
cisions of the courts Of that State, without
change. Upon the third pon', the court held
that, it having been decided by the Supreme
Court of the United States, in case involving
the same question, that the status, or legal con-
dtion of an alleged fugitive from service, was to
be viewed according to the law of the State from
which the escape was made; and the Constitu-
tion Of the United States, and the act Of Con-
gress then in force (than phich, as erpounded bv
The United States Supreme Court, this court kneso
no higher lap,) giving right of recapture, such
right of recapture was sufficient to sustain a
contract of sale executed by the master in a
free State conveying fngitives, then in such free
State, to citizen Of such State. The court far
ther remarked that the effect Of such convey
ance would be to place the fugitives at once
IN the condition Of free persons, as completely
as any other citizens Of Ohio. A decree was ac-
cordingly rendered for the complainant for the
amount of the mortgage n tes.
A. GA - N