Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1854-08-16
Important Slave Case

DECISION OF JUDGE NORRIS, THE DEMOCRATIC
CANDIDATE FOR THE SUPREME BENCH.
In Clermont county on the 9th inst, n case
was tried before Judge Norris, the regular Demo.
cratic candidate for the Supreme Bench, invov.
ing the right slave acquires by being sent by
his master into free State. John Anderson, the
master lived on plantation on the river, oppo-
site New Richmond, in Clermont county. Hen
ry Poindexter, his slave, entered into contract
with him. for the purchase of himselfat the price
Of four hundred dollars. For the payment of
this sum two notes of 5000 each were giyen by
Pondexter; the notes were endorsed by j. c.
Gowdy and Francis Donaldson, of New Rich
mond. When the notes fell due, for some reason
not stated, they were not paid, and suit was
| brought by Anderson against two of the defend
ants, Francis Donaldson and ]. C. Gowdy-who
! are men of some wealth--to recover:
The pleas were, lst Nonassumpsit.
! 3D. That the sole consideration of the note was
that Anderson should execute deed of cmanci-
patton to PoindeXter, one of the defendants, and
that had not been done.
Sd. That at divers times, before the notes were
given, Anderson had permitted Pondexter 20
come into Ohio, whereby he became free man.
In evidence the plaintiff produced the notes
and rested.
Perry J. Durham, for the plaintiff, read sever
al cases from the Kentucky and Missouri reports
in which the courts of those States had decided
that though the master may voluntarily bring or
send his slave into free State, yet. if be brings
the servant back again into u slave State, the
slave is not emancipated, but remains slave in
all respects, the same as before he went into
free State.
Mr.. Joife, of Cincinnati, for the defendants,
argued; first, that by Anderson's permitting the
slave to come into Ohio, he (Pondexter) became
free man. And this, under the Cd section of
the State Constitution of 1902, which controls
such cases.
This section, as far as it relates thereto, is as
follows:
Sec. l. There shall neither be slavery nor in
voluntary servitude in this State, otherwise than
for the punishment of crimes, whereof the party
shall have been duly convicted.
Mr.. J. contehded that this clause extended over
the whole State of Ohio; that there was but one
in the article-"punishmen of crime"
and that this exception confirmed the rule An
other exception was found-the federal constitu
tlon-where persons owing services of labor in |
one State escaping into the other shall shall be |
delivered up; but that was altogether out of this |
case as it was not pretended that Poindexter was
a fugitive from slavery.
"IllIdm howard, Esq, OF BataVla, followed
Mr.. Jolliffe for the defense. He contended that
as the contract was made in Kentucky, where
the courts have decided that the master is not
bound by any contract he may make with his |
slave, this contract was not binding upon the
master, and therefore not upon the defendants
i was void for want of mutuality
AS soon as the argument was concluded, the
Court-Judge Norris presiding-without the de.
uy of moment, and the case having been sub
nitted to him without the Intervention of jury,
decided that as Poindexter had come into Ohio by
he consent of his master, before the execution Of
he execution of the notes, the slave became free
free the first moment he set his foot upon the
ol of Ohio. If not free the moment his foot
ouched our soil, how long must he remain here
o acquire the freedom guaranteed by the consti-
utionl ,gg. tgn
DECISION OF THE CoURT.-IHe SLAVE declared
rec, and the contract uoid.