The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1855-01-03
Slave Case in Guernsey County.

The Cambridge papers, (from which we
copy. contain report OF the proceedings
in case Of Habsas Corpus before James
Delong, Probate Judge of Guernsey coun.
ty, Ohio. AS the case has attracted the
attention Of our readers we give the repor,
in full:
This writ was issued for the purpose
Of taking 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 on file in the case, were
these: One of the boys, whose name
is Enoch. aged ten years. is. the slave
of N. Nj. Lee, oi Richmond, Va. end the
other, named Lewis, aged 8 years, is the
slave of r.: Nowdigate, OF Kentucky
That about the fifth day of December.
1854, the owners OF said boys put them
in the charge of said N. w Graham, at
Richmond, Va. for the purpose of hav-
ing them taken to Kentucky, at the time
inslructing said Graham to proceed by
the way Of the Ohio river. That said
BOYS were not taken to Kentucky for the
purpose Of sale. That A. w. Graham.
having said boys in his charge on his way
from Richmond, Va, 10 Kentucky, came
to the Ohio river, but finding it not aviga-
BILE, 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 accl'
| dent 10 the train Of oars in which said
Graham and said boys were travelling. he
was detained at Cambridge, in said
Guernsey county, during which detention
this writ was issued end said boys were
taken from his custody.
w. Z. Buchanan, John Ferguson and
J. NJ. Bushield. Esqrs.. we're counsel foI
The State, aud j. w. White, w. R.>Wag-
staff and H.. J. Jewett, Esqrs., counsel for
N. w. Graham, the Respondent.
I The cause came up for fin al hearing an
decision On the 2lst Of December, 1854
Before the argument was commenced. the
counsel for Respondent moved that the
boys be brought into Court for the pur
J pose OF making their election to go with
their masters, or remain, the decision o
which motion was reserved by the Judge
till after the argument Of the case upor
the main questions.
All the questions involved in the case
. were fully and ably argued by Messrs
, Ferguson apd Bushfield on behalf Of tht
State, and w. H. Wagsteff and FL. ]. Jew
ct. on the part of the Respondent.
Judge Delong, in deciding the case
held
lst. That the States of the American
|
Union, upon the subject of slavery, stane
as independent governments, each being
sovereign within its own limits and subjec
to no control. except that contemplated BY
the third clause Of the second section
: fourth article, Of the Constitution OF tn,
United States, by which person held t
D service or labor in one State, under th'
laws thereof, escaping into another State
shall not, in consequence of any law o
regulation therein, be discharged from
such service or labor, but shall be deliver
ed upon claim Of the party to whom til,
service or labor may be due.
e Cd. That the relation Of master an,
slave does not exls. upon the principle Q
natural and general right; that such rela
! ton is the creation Of positive law, whic
= !. is Of no force beyond the limits and juris
! diction of that State or country in which
;, is enacted.
Sd. By the sixth section Of the ihirteent
article of the Constitution of the State {
:, :, Ohio, it is declared that ..there shall be n
slavery in this State, nor involuntar
;. servitude, unless for the punishment {
;, crime," from which it follows that SLAYER
: cannot exist in this State for momen
and that when the person is not fugitiv,
he and his master stand as man to man
IS that the master has no power or authorit
e to control him within, or remove him witt
J. out, the jurisdiction of this State.
k 4th. That all persons within the limi
e Of this State. even for the shortest periot
IT become subject to all the municipal law
a civil and criminal, and are entitled 10 a
j. the protection which these laws afford. an
this is the case be the person rhi'e or J!ac