The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1854-08-23
Important decision by Judge Nor
ris---Slave Freed.

rls---SlaVe Freed.
We gave BY telegraph short account of
a decision made by Judge NORRIs. our can.
didate for Supreme Judge, in Clermont
county, in slave case. The case is thus
fully stated, as we gather it from the Gin
cinnati COmxsre;al:.
Something more than year since, Henry
Poindexter, a slave on a plantation opposite
the iown of New Richmond, Clermont coun-
ty, on the Ohio river, entered into contract
with his master, John Anderson, for the pur-
chase Of himself at the price of four hun
dred dollars. For the payment Of this sum
two notes Of 5000 each were given by Poin-
dexter; the notes were endorsed by J. C.
Gowdy ana Francis Donaldson, Of New
RichmoRd
When the notes fell due, for some rea-.
son not stated, they we're not paid. and suit
vas brought BY Anderson against two Of
the defendants, Francis Donaldson and J.
c. G0wdy-wbo are men of some wealth.
to recover
Peny J. Dunham and John W. Lowe Of
DAYTON, Jppeared for Anderson; Mr.. Jolliffes
of this city. and WaIiam Howard, Of Ba-
tayIa, for the defendants.
The pleas we're, lst, non assumpsit.
Cd. That the sole consideration of the
note was, that anderson showl& execute
deed OF emancipation 10 Poindexier, one Of
the defendants, and that had not been done.
81. That at divers times, before the notes
were given, Anderson had permitted Poin-
dexter to come into Ohio, whereby he be-
came a free man.
On evidence tle plaintiff prodaced the
notes and Rested.
The defendants proved that plaintiff had
admitted that before the notes were given.
he had sent Poindcxter, the slave, to New
| Richmond. Ohio for a doctor, and at other
times to the stores there for groceries and
dry goods or his { (Anderson's) family. A
deposition was read, the material part of
which was that the notes were delivered
to Anderson n the State of Kentucky.
After hearing the arguments of counsel.
the Court-Judse Norris presiding with.
out the delay OF moment, and the case
having been submitted to him without the
Intervention of a jury, d:cided that as Poin-
dexter had come into Ohio by the consent
of his master, before the execution of the
notes, the slave became free-free the first
moment he set his foot upon the soil OF Ohio.
If not free the moment his foot touched our
soil, how long must he remain here to &C
quire the freedom guaranteed by the con-
sLitution?
The Kentucky cases read by the counsel
for the plaintiff are of recent origin; one Of
the Missouri cases, if recollrct right, as
serting the samr doctrine as do the Ken :
lucky cases, give as a reason for the decision,
that "the Abolitious's have become so
, troublesome to the people that they are
forced TO decide in that way"
Poindexter was, therefore, freeman at
lie time the notes were giyea; they were
, without consideration, and therefore cannot
> be recovered upon.
. The second proposition made by Mr. Jol.
life, the Immortality tf the contract. is one
, that merits grave consideration; but as the
case is already decided under the first prop.
: osilion, it is unnecessary 10 discuss it here.
1t will be recoected that about q wear aGo,
/ Judge Finn held that the banding oi slaves
| at the foot OF Broadway, and the carryin.
J them to the Walnut street ferry, did not 1--WE
t them their liberty. We then held that de-
r cison to be wrong. Free soil makes free
men. The decision of Finn has been set
: aside by that of Judge Norris, who has vim
dicated the character Of the Ohio Judiciary
We give the above decision of Judge Nor.
. ris for no poll icsl purpose. We scorn thus
to use it, and he would scorn us for such a
use; but as an evidence that although he
resides in II southern county, he dares to ex-
e ecute that law which we have inherited from
It our English ancestors, which Lord Mans
9 field expressed when he said; "rhe first
: moment slave rets his foot on the soil OIL
= England, he becomes free" Our Stale
Constitution has recognized the same princi-
pie; aud so long as the paramount require.
: mentS OF the federal Constitution" to quote
+ from the JoarneEof 1859 do not inrcrlere
no fugitive from servitude can be reclaimed
d in Ohio. Certninly none who has evel
drawn the first breath of Ohio air, can ever
d be sent back, SO long as we have Judges
like SHEPARD F. NoRRrs on the bench.
Il St0teemdn,