The national era. [volume] (Washington [D.C.]) 1847-1860, 1855-02-01

SLAVE CASE.
CAMBRIDGE, o., Jan. II, 1855.

SLAVE CASE.
CAMBRIDGE, o., Jan. II, 1855.
To tie Editor of the National Era:
Enclosed send you an account Of q recent
Slave Case" which occurred at this place.
Having seen no notice of it in your paper, l
clipped the enclosed account from the Guern-
sey Jefersonian thinking that you had not,
perhaps, heard of it.
Yours, truly, Z. Smith.
DECISION OF JUDGE DEIoNG.
The State of Ohio, on Relation of p B. Sar-
chett, against A. W. Graham.
Habeas corpus-before James Delong Probate Judge
ofGuernsey County, Ohio.
This writ was issued for the purpose of ia
king from the custody of A. w. Graham two
negro boys, and bringing them before said
Judge, to try the right of said Graham to said
custody.
The principal facts, as they appear upon the
papers filed in the case, are these: One of the
boys, whose name is Enoch, and age ten years,
is the slave of N. M. Lee, of Richmond, Vir-
ginia and the other, whose name is Lewis, and
age nine years, is the slave of T. Newdigate, of
Kentucky. That about the 9Th day of Decem-
Der, 1854, the owners of said boys put them in
charge of said A. w. Graham, at Richmond,
Virginia, for the purpose of having them taken
to Kentucky, at the same time instructing said
Graham to proceed by the way of the Ohio riv-
or. That said boys we're not being taken to
Kentucky for the purpose of sale. That A. w.
Graham, having said boys in his charge, on his
way from Richmond, Va, to Kentucky, came
to the Ohio river, but finding it not then navi-
gable, without the express consent or knowl-
edge of said owners, proceeded through the
State OF Ohio, upon the Central Ohio railroad,
and that by reason of an accident to the train
of cars in which said Graham with said boys
were travelling, he was detained at Cambridge,
during which detention this writ was issued,
and said boys were taken from his said Gus
tody.
William r. Buchanan, John Ferguson, and
John NJ Bushfeld, Esquires, were counsel for
the State, and Joseph White, William r. Wag-
staff and II. j. Jewett, Esquires counsel for
A. w. Graham, respondent. Tho cause Came
up for final hearing and decision ON Thursday,
December 2lst, 1854. Before the argument of
the case was commenced, the counsel for the
defence moved that the boys be brought into
Court, for the purpose of making their selection
to 60 with their masters or remain, the decision
upon which motion was reserved by the Judge
till after the argument of the case upon the
main questions.
All the questions involved in the case were
John N. Bushfeld on behalf of the State, and
by William r. Wagstaf and II. j. Jewett on
behalf of respondent.
Judge belong, in deciding the case, held the
following positions
l. That the States of the American Union,
upon the subject Of Slavery, stand as independ-
ent Governments, each being sovereign within
its own limits, and subject to no control, except
that which is contemplated by the Sd clause of
the I'd section of the 4th article of the Constitu-
ton of the United States, by which person
held to service or labor in one State, under the
laws thereof, escaping into another, shall not,
in consequence of any law or regulation there
in, be discharged from such service or labor
but shall be delivered up, on claim of the party
to whom such service or labor may be due.
2. That the relation of master and slave does
not exist upon the principles of natural and
general right, and that such relation is the
creature Of positive law which is of no force and
is not binding beyond the limits and jurisdiction
of that State country in which it is enacted
3. BY the 9th section of the lst article of
the Constitution Of the State of Ohio, it is
declared, "There shall be no Slavery in this
State, nor involuntary servitude, unless for the
punishment of crime;" from which it follows
that Slavery cannot exist in the State for a
moment, Except in the case Of a fugitive;) and
that when the person cannot be said to be a
fugitive, he and his master stand as man and
man, and the master has no power or authority
to control him within or remove him beyond
the jurisdiction of the State.
4. All persons within the limits of this State
even for the shortest period, become subject to
all the municipal laws, civil and criminal, and
entitled to all the privileges and protection
which those laws afford and this is the case, be
the persons white or black
5. The Sd clause of the I'd section of the
4th article Of the Constitution of the United
States is the only authority for the restraint of
a slave by his owner within this State, and
being provision denying general right, must
be strictly construed.
s. Where a slave is brought into the State
by the owners agent the agent at tho time
pursuing the general object of the agency con-
strung said Sd clause of the I'd section of
the 4th article Of the Constitution of the United
States strictly, the slave cannot be said to be
fugitive; in such case, the slave has no will in
the matter, but is controlled by the agent in
furtherance of the general object of the agency;
and if the agent in some particulars violates
the instructions given him, to the injury of the,
owner, it becomes a question between them,
and not a question under said fugitive clause.
7. In cases where there is conflict, the COM
mon law gives way to statute, and both common
and statute give way to and are superseded by
constitutional; whatever may be the rule of the
common law upon the subject of transit of prop
erty Of the citizens of one State within the
jurisdiction and over the territory of another,
with reference to slave property, tire question is
settled by the 9th section of the lst article of
the Constitution of this State, and most clearly
against such right of transit.
8. That, to be protected under the claim of
necessity, it devolves upon the respondent to
show to the Court that it was such necessity as
entirely prevented the respondent from exer-
cising any even the slightest volitiop; that,
such proof not being made, his coming within
the territorial limits of this State must be held
to be voluntary.
Whereupon, the boys were pronounced by the
Judge to be free from the control and power of
respondent. The Judge was of opinion that
they were too young to make the election asked
for by respondents motion, and overruled the
same. Upon potion of counsel for the State, a
guardian was appointed, who Immediately took
them into charge.
THE CITIZEN OF THE WORLD.
TNdiled by Elihu Burritt. I6 super royal svo
Ia pages. Published monthly by GEORGE w TAY-
IOR northwest of 5th and Cherry streets Phlla
delphia Price of copy, 20 cents; eight copies So
fifteen copies S. trpariabiy an adranee
JrY See Prespe No AIS, National Era. 4l9