Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-09-03
ANOTHER SLAVE CASE AT CINCINNATI.

we condense from the Cincinnati Gazette OF "a
turday last the following interesting proceedings had
before Of the Courts of the State of Ohio in the
case OF slave whom it was attempted to take from
his owner whilst passing over portion of the terri
tory OF Ohio, where he was compelled to land in
consequence of the low state of the water on the
Kentucky shore:
HABEAs CoRpUs BEFORE JuDoz FLISa-The steamer
Iropc landed at the wharf Thursday evening" having
on board three slaves Eiwqrd Hanaah and Susan who
had been purchased in the up country and being
taken TO the South. The matter becoming known, q
napeas corpus was applied for upon the affidavit of VIM.
Troy, coiored man, and they were brought before
Judge Finn yesterday afternoon
: upon being brought before the Judge, the woman
ahnah expressed wish to be allowed return her
master on the boat The Judge Immediately remanded
ner 10 the custody of the claimants without investigation
Judge Finn asked Hannah If she had the charge of the
child Susan, to which she answered that she had Where
upon the Judge also ordered her back into the custody
the claimants without examination Mr. Jofe protest.
ed against remanding the child back without examining
case Inc Court said they would take the response
pt and the two slaves Hannah and Susan were taken
out Of Court and conveyed Coyngton Susan was
iitte girl OF some four five years of age and ap
woman
The examination regard Edward was then taken up
Mr. French, the captain of the boat, Mr.. Emo the
CLERK, MI Mpsey, who had the slaves in charge, and
several others were examined From their testimony il
appeared that Edward with the woman and child were
bought by Mr. Doty and Mr.. Ambrose in Virginia. and
on BOARD the Tropic to beconveyed to the pana
'ons o. the purchasers in Mississippi They in the
Immediate care Of Mr. Lpsey the agent of the purcha
who had been employed them down river
They had intended to land the negroes in Covington but
were from doing account Of the lowne Of
the water They therefore laid up the boat at the Ohio
The boat attached the landing in the usual
way. Shortly after the boat landed Lipsey took the
tnree slaves on to the Ohio Shore and took them from
Sycamore street the landing down to the ferry
boat and took them into Coyington where they
were kept during the night. They were brought back
IN the same manner yesterday morning, and replaced
on the steamboat In doing it appeared that the
slaves were IN this city the Ohio shore and consid
cradle distance from the margin of the river They were
all this time under the immediate charge of Lpsey the
agent OF the owners.
Upon the conclusion of the testimony Mr. JoLrrrE
asked the Court to adjourn the case to this morning
Judge hEY who appeared for the claimants Of the slaves
resisted the adjournment Mr.. Jolitc insisted upon his
right to have further time for preparation.
After considerable discussion Judge Finn decided that
the trial should proceed
Mr. JoIFFE proceeded with his argument laying down
the the voluntary bringing the slave by
agent into free State nvesedhm with freedom Of which
ne could not be deprived He read numerous decisions to
establish this point
Mr.. JoLFFE, before he finished his plea, was taken
suddeny and asked the Court to continue the case on
account of his indsposition.
Judge Keys the counsel for the agent, objected
Judge Finn refused to continue the case
Judge KEYS then said that the Ohio river was high
way Tor oil the States bordering it. which all had
concurrent jurisdiction for purposes Of navigation and
had right to use the adjacent shores for purposes
cessary to that navigation The landing of these slaves
on the Ohio shore thus necessary and did not bring
them within the acknowledged principle that voluntary
bringing of slaves to free State invested them with free
DOM lie read the decision of Judge Reid, in the Hobbies
case, to that effect
Mr. ZISs then said that Mr. Joffe had been obliged to
retire IN consequence Of Illness and had requested him to
urge the Court to continue the and proceeded show
reasons why continuation should be granted Decisions
to that Of Judge Reid had been made Ohio and
IN other States. The case very important one in
voyng mooted question about which there adverse
decisions lie urged the Court to continue the case
Judge Finn The case viii be decided tonight: that
is determined on. We have not been sitting here four
or hve hours TO determine whether we will decide the
case or not 1t viii be decided and you may come up
must come to it.
Mr.. ZISS said ne not going to argue He had made
the request out of courtesy professional brother aud
should not enter on the merits Of the case He doubted
the power of the Court deliver the boy into slavery 1t
ought to 60 before United States officer.
Judge Finn do not wish to hear any arguments Of
that nature If this Court makes decision it will see it
carried out.
The counsel having nothing more to say
Judge Finn then said the came before the Court
on writ OF habeas corpus Both parties had said they
were ready and he said if he commemorate he should de-
eide before adjournment What the case? The boy
was taken on board the boat in Virginia. in custody Of the
agent ana the captain of the boat agrees take him
Cairo lie further agrees when he reaches Cincinnati
TO land the boy at Coyngton Arriving here he found
Impossible 10 do and he lands the Ohio Shore the boat
being about forty feet from the line By the advice of
some passengers the agent takes the boy the Ohio
shore, taxes him to the ferry boat and carries him
GoVlngon; keeps him there night returns him to-
day at the appointed hour for starting When again
board the boat the writ is served and the boy brought
before the Court The question is does this particular
landing give the boy his freedom The authorities read
by the counsel for the boy all related to States which had
local law on the subject and them the decision
based We had no statute the subject and of course
must not look to the decision of those States which had
statutes on the subject We do not sit here to make
new relation between these parties merely wish to in
qure what the relation between them is The did
not come within the acknowledged principle that volun
ary bringing OF slave to free State conferred free
DOM Lipsey, the agent contrary the command Of the
owner had brought the slave here Would that confer
freedom Saon, the captain of the boat, had done
Neither Of these acts would give him freedom. They
should be treated Of ordinary escape. The law
was not trap; II must be interpreted by the princi
pies OF common The agent was compelled by the
force OF circumstances to bring the boy to the Ohio
shore IL was not voluntary act None Of the read
oy counsel for the slave analogous to this We have
decision OF our own courts analogous 1.-THE decision
Of Judge REED and by that the boy must be remanded
to the care Of the agent of his master The Of the
law that brought him here is strong enough to take him
back There could be doubt in this The order
OF the Court that he be remanded the custody Of
the agent and placed on board the boat.
An order to this effect placed in the hand Of the
sheriff
bill Of exceptions the decision in the Of the
child and also in this was then filled by the counsel
for the slaves.
The Court adjourned and the boy was conducted the
boat by the sheriff.