The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1854-08-16
Important decision BY Judge Norris.
Slave Freed.

important decision BY Judge Norris
Slave Freed.
I'VE gave by telegraph a short account
of desision made by Judge NORRIS,
our candidate for supremesJudge, IN
Glermont county a slave case. The
ease is TIL US fully stated, asswe gather it
from the Cincinnati Commercial:
Something more than a year since,
Henry Poindexter, a slave ona pIanta-
ton opposite the town or New Rich
mond, Clermont county, ON the Ohio
river, entered into a contract with his
master, John Anderson, for the purchase
of himself at the price of four hundred
dollars. For the payment of this sum
two notes of $500 each were gisen'by
Poindexter the notes were Endorsed by
J. G. Gowdy and Francis Donaldson, of
New Richmond.
When the notes fell due, for some
reason not stated, they were not paid,
and suit was brought by Anderson against
two of the defendants, Francis Donaldson
and j.. G.. Gowdy-who are men of
some wealth-to recover.
Perry j. Durham and John w.
Lowe, of Dayton, appeared for Anderson;
Nj. J~olliffe, of this city, and William
Howard, of Batavia, for the defendants.
The pleas were, LIST, non-assumpsit.
I'd. That the sole consideration of
the note was, that Anderson should ex-
dexter, one of the defendants, and that
had not been done
Sd. That at divers times, before the
notes were given, Anderson had permit
ted Poindexter to come into Ohio,
whereby he became a free man.,
In evidence the plaintiff produced the
notes and rested.
The defendants proved that plaintiff
had admitted that before the notes were
given, he had sent Poindexter, the slave,
to New Richmond, Ohio, for a doctor,
and at other times to the stores there
for groceries and dry goods for his IAN
derson's) family. A deposition was read
the material part of which was that the
notes were delivered to Anderson in the
State of Kentucky.
After hearing the arguments of coun-
sci, the Court-Judge Norris presiding
without the delay of a moment. and the
case having been submitted to him
without the Intervention of jury, deci-
ded that as Poindexter had come into
Ohio by the consent of his master, be-
fore 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 acquire the freedom guaranteed by
the constitution :? -
The Kentucky case read by the coun-
sci for the plaintiff are of recent origin,
one of the Missouri cases, if I recolleet
right, assertingsthe same doctrine as dc
the Kentucky cases, give as a reason for
the decision, that the Abolitionist have
become so troublesome to the people that
they are forced to decide in that way 7
Poindexter was therefore a freeman
at the time the notes were given; they
were without consideration, and therefore
annot be recovered upon.
The second proposition made by Mr..
Jolliffe, the immortality of the contract,
is one that merits grave consideration
but as the cause is already decided under
the first proposition, it is unnecessary to
discuss it here.
1t will be recollected that about q
year ago, Judge Finn held that the
landing of slaves at the foot of Broadway,
and the carrying them to the Walnut
street ferry, did not give them their lib
erty. We then held that decision to be
wrong. Free soil makes free men. The
decision of Finn has been set aside by
that of Judge FoRRIs, who has vindica-
ted the character of the Ohio Judiciary.
We give the above decision of Judge
Norris for no political purpose. We
scorn nus to use it, and he would scorn
us for such a use but as an evidence
that although he resides in a southern
county, he dares to execute that Law
which we have inherited from OR Eng
lish ancestors, which LORD MANsFIDLr
expressed when he said "The first
moment a slave sets his foot on the soil
of England, he becomes free" Our
State Constitution has recognized the
same principle and SO long as the " par.
amount requirements of the federal Con.
stitution" Ito quote from the Jonrna'
of 1859 do not interfere, no fugitive
from servitude can be reclaimed in Ohio.
Certainly none who haslever drawn the
first breath of Ohio air, can ever be
sent back, SO long as we have Judges
like SHEPARD F. NoRRIs oil the bench.
-Statesnsdn & Democrat.