Weekly Indiana State sentinel. [volume] (Indianapolis [Ind.]) 1853-1861, 1855-03-29
Court blatters.-Maroh ls.
FlTIhIUN LULHI.
Room No. l1.-Before Judges Spencer and
G0rcg

HODh -Np. l1-befofe Judges Spencer and
S'ore
! In the matter Of habsas coums for two ne
/ gro men in chains
The court at eleven o'clock commenced
the hearing Of this case The writ Of habeas
corpus was allowed several DAYS since on the
affidavit aud petition Of H. B. Blackwell.
Baldwin Harle, as ali answer TO the petition
and return TO the writ filed his averment that
the two black men, Alfred and Emanuel.
were his slaves whom he held as such under
the laws Of Kentucky, and that he was mo-
wing with them TO the State of Missouri
That at the time they were taken from him
by the writ, he was with them on the steam
boatJacob Strader navigating and using the
Ohio river in the prosecution Of his journey.
republication BY the relatOr, was filed,
simply denying that they were slaves when
the writ was served.
Several witnesses were sworn. whose testi-
mony showed that the respondent had recent
ly purchased the negroes in Mason county.
Kentucky, that they were brought 10 the city
on the Maysville packet, and that after the
packet landed, they were conducted along the
bank of the river, on the Ohio shore, 10 the
wharf Of the Jacob Strader and there taken
on board, from which they were taken under
the present writ. Mr.. A. 5. Sullivan opened
the argument on behalf of the claimant of
the negroes. The position taken bv him was.
that the Ohio river was public highway sub
ject to the concurrent iuridiction of the States
UPON its borders that the mutual right To
INC NJ s''.s = the ~ b,fha-
citizens Of the several states, carried with Il
the right to the use of the shores of the fiver
for purposes incident TO navigation. aud e.
possess and control their slave while so navi-
eating the river, and making use of its banks
solely and legitimalcly in the course Of such
navigation.
Mr.. Sullivan argued the question at length
and urged that, as well upon principles of
comfy between States, as upon rights of nayi-
cation, that the respondent was entitled ia
make such use as he had done Of the Ohio
shore, without forCeiting his right Of property
in the negroes
Judge Stallo on the part Of the relator. fol-
lowed Mr. Sullivan, aud insisted that, rs bv
the law Of Ohio slavery could not exist. any
voluntary bringing of a slave by his master
into Ohio worked his emancipation. As to
the doctrine OF the right of transit and of nav
igation, and the use Of the banks of navigabe
streams, he insisted that its only extent was to
allow the citizens of other States snch use.
and the enjoyment of such rights IL Chic as
the citizens Of Ohio themselves enjoyed.
This doctrine did not permit citizens Of other
States to bring with them and exercise rights
inimical and contrary to the laws of Ohio.
The argument win he resumed at elevea
O'Clock to-day. Judge Walker, S. ?. Chase,
John Jolife and Judge Stallo, appear for
the relator Z. T. Chambers and a. S. Sulh-
van for respondent
The above IS from the Cincinnati Gazstss.
We wish We had an extended sketch Of the
argument of Mr. A. S. Sullivan. The high
and well-earned reputation Of that gentleman
as an accomplished jurist is a sufficient guar
anty that the argument was Of the most able
character