Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1855-02-10
SUIT FOR FREEDOM. ''

We find in The Ner Orleans Delta "Suit fo
Freedom" before the First district Court, involy
ing the tate of eighteen human beings The cas-,
as reported we give in ful--for the incidents arr
curious and the laws, as recited by the Judge, ar,
worthy of study;
The suit was brought by negress named
Eulalie and her children and grand children in
all numbering eighteen. 1t was alleged in tho
petition that the parties plaintiff bad enjoyed un
disputed possessions of their liberty for fortyfyt
years prior to the close of 1852, when they were
loi ciby taken from their homes and finally gvel
into the custody of Messrs Daniel A. Long anC
Iacharah II. Mabry, who claimed them as the
slave When the suit first instituted, defendan
declined to answer, and filed an exception, deny
ing plaintiffs right Of action in the premises
Judge Larue, who was then presiding over th
First District Court, sustained the exception, anC
the petition was consequently dismissed. There
upon the plaintiffs took al appeal to the Supreme
Court, and the result was that Larue's decision
was reversed, and the case was remanded bach
for trial on its merits. The testimony shows that
Eulale was owned by Simeon Porche, of the parish
OF Pointe Coupee, and more than forty.fye years
ago Porche permitted her to marry Henry Olirere,
I. M. c., tie natural Jroihc1' If Madame Iorche
She then, with the consent of her master left the
plantation and went to reside on a farm owned by
her husband. This farm was on an island in
False River, near Mr. Porche's plantation, and for
for forty-fve years Euae and her offspring were
permitted to enjoy all the rights of free persons,
no attempt being made during all this time to
reduce them to a state OF bondage. ABBOTT thirty
years ago Madame Porche became the sole legatee
of her husband, and always eynced great afiec-
tion for Eulalic and her children, and made fre
quent attempts to have them emancipated by The
Police Jury, in order that they should be cntircy
and forever free. This is specifically testified by
her attorney, who was often consulted on the sub
ject prior to Madame POrche's death. Indeed
fearing that after she died they might be reduced
to slavery she made nominal sale Of them to &
relative, under the express stipulation that he
should emancpate them. This relative betrayed
as 1T would appear, the trust reposed in him: and
1t is by his act that petitioners were subsequently
held as slaves On behalf of plaintiff, it was con
tended that all property in them has long since
been prescribed by Art. 3, $40 Of the Civil Code
which says: 'lf master suffer II slave to enjoy
his liberty for ten years during his residence in
the State, or for twenty years while cut of it, he
shall loose all right of right of action to recover
possession Of the slave, unless said slave be q
runaway or fugitive" On the other hand, it was
contended that the article above quoted is in con
llict with Art. 1855, which declares THAT no one
can emancipate his slave unless the slave has at
tanned the age of thirty years, and has behaved
well for at least four years preceding his emanci
patton )" and being so in conflict, is wholly inoper
ative The Spreme Court, in deciding the exccp
ton in this very case, holds the following Ian
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