Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1854-12-02
IN INDIANA.

Last week we announced as an item of news,
that the Clark Co., Circuit Court, had decided that
the notorious bylaw Of the Jefferson Railroad Co.,
was UNSUITABLE. 1t required that all colored per-
sons who travel on the road shall furnish evidence
of their freedom by a certificate TO that effect from
some known citizen of Jeffergonville. Thus rails
ing the unjust and Illegal presumption that any
colored person who proposes to travel on their road
is a slave.
Obadiah Buckner, n colored man was, refused a
passage in the company's cars because he had not
this evidence of his right of locomotion. For this
Buckrcr sued the company before a justice of the
peace, who gave a Judgment of twenty dollars in
his favor. From this decision the company APP
{ pealed to the county court, where Judge Bicknell
rendered the accompanying decision in favor of
J the company.
So far as the influence of the Judge and the
court can 90, it is a judicial recognition Of the
, existence and legality of Slavery in Indiana. The
document of the Judge is shamelessly barbarian
2 and even savage; altogether worthy of the purpose
il serves. 1t indicates that there is yet much ~
slavery work to be done in Indiana, notwithH& 3
! ing the great anti,slavery victory" which we
! hear has been so triumphantly achieved in that
State.
Kentuckians are the principal stock holders in
the Jacksonville road, and its management is in
louisville. This is an effort of theirs to introduce
Kentucky police law, and customs concerning
slaves, into Indiana. And in this villainy they
have founda willing accomplicc in Judge Bicknell.
Indiana has need of q vigorous effort to enamel.
pate her own citizens from slavery. What can
exceed in injustice, the black laws of Indiana as
complacently quoted by this judicial barbarian as
a justification of the Kentucky bylaw establishing
slavery in Indiana.
Here is the document:
CLARK CIRCUIT Court, Nouember Term, 1S54-Sub-
mited upon an agreed statement Of Jacts-Opin-
ions by Judge BickneH.
Obadiah Buckner,
, Jacksonville r. r. Co.
In this case, the plaintiff being n "colored per.
son, " applied for, and offered to pay for, IL passage
on defendants cars defendant refused to carry
d him unless he would produce evidence of his
= freedom. TIL, plaintiff, in a suit before a Justice
, OF the Peace, recovered twenty dollars damages
for the refusal, and the defendant appealed to this
{ Court.
The defendant is authorized to pass all bylaws
r which she may deem necessary in her business,
not repugnant to the Constitution Of the United
States, or Of Indiana; and at the time Of the
c plaintiffs demand, she had n bylaw declaring that
the conductors on the road should not carry color
ed persons, unless known to be free. Railroad
companies are common carriers of passengers, and
y in general are bound to carry all sober persons, Of
q civil demeanor, who will pay their fare and will
h comply with the reasonable regulations of the
70 company.
The question in this suit is: Is the bylaw
- aforesaid q reasonable regulation ?"
'Colored persons are persons having enough
,r negro blood to be within the disabilities which arc
10 attached to that blood, by the laws of Indiana. A
negro cnanOt vote he cannot be n citizen of thu
State the constitution declares that a foreign ne
gro shall not enter Indiana that all contracts
made with such negro are void, and that be cannu
be employed in Indiana, except under a penalty
d. \ person having one eighth or more of Legro bloOl
Df cannot be n witness in cases in which Il white maj
. is concerned.
!" The provisions are material to the determination
Of the questions in this suit. A rule may be reas
is enable when such laws exist, which would not b.
40 reasonable where the law makes no distinction be
tween the races. The court is bound, whateve
may be the opinion of the judge as to the human
is ity or policy of such laws, not merely to enforc,
them in the proper cases. Tut to consider theI
N spirit and intention in collateral matters
Since, by the law Of Indiana such infamy attache
. to negro blood, that II colored person cannot be re
ceived in the courts of justice where a white maj
1t is concerned, it would seem that a common car
rier of passengers may reasonably refuse to carr,
any coiOTeu persons IN the cars IN winch WIFI
l. men are carried. 1t would also seem tina common
carriers might reasonably refuse, in a State will
such a constitution as ours, to carry, even in sep
arate ears, any ''colored persons" except such a
es should show themselves lawful residents of tn,
State.
lie But the bylaw in question is less exclusive thai
Of this it excludes those colored persons only VIII
e refuse to furnish evidence of their freedom. Ii
&c this State, under our laws, | think this a reason
10 able regulation, with which the plaintiff ought t.
s. have complied. The defendant is certainly no
N bound to carry runaway slaves and although tn
re legal presumption is that all persons are free, We
the fact being that some cOlored persons are no
f. free, it is reasonable that the matter should be set
s, tied in each case at the time the colored persol
shall apply for his seat. am therefore of opinio.
that the Judgment of the justice should be re
!, yersed.
PoLITIcs AND rHE PULPIT.-Poor hunted anti
u slavery could find no resting place, if the pro.sla
very church of this country could have it. why. l
q is equally obnoxious to it in the pulpit and OF
the stump. The Church Journal, an Episcopa
30 paper of New York, laments the anti-slavcry ac
es ton of ministers in that State previous to the cleo
ne ton, as follows:
"What is the reason of all this? Has the oil
d. fashioned G~ospel-which we have been accus
ir toned to believe was the EUef lasting GOspel-bee
10 at length exhausted and worn threadbare? Is n
text now fresh enough for preachers and people
" except it be taken from the Gospel according to til
daily papers? Is it that the ministers are tired O
the old topics of grace and salvation, and no longe
&C. believe that Gospel of which they pretend to b
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