Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1857-10-03
Frtm The Liberator,
SLAVE LAW CASE.

---(Ky.lSe Sept. 9, 1857.
10 the Editor If tie Lijc,ator | send you a
statement of a law case recently decided in this
STATE, tha' may he of interest to your readers
Inc case has been appealed, but | have little hope
81 It's reversal. The bred Scott decision is making
Its marx. Five years ago, no Kentucky cour.
would have ever thought Of rendering such q de-
cisipn as the one | report.
stephen kJler, n negro, who was born a slave,
was emancipated by his master, Joseph Kyler, in
1913, aud has since that time been a fireman.
For several years prior To his emancipation, he CO.
habitod with and was the husband leo far az by the
laws vt Kentucky, the place Of their residence and
nativity, he could be %hnsbnnd) Of a female slave
named Cynthia. the property of a %neighGor. Jo-
sep1 kNler, the former owner of Stephen, who was
n bachelor and an old man being an xiuus to secure
Cynthia 10 Stephen as n wife. ~purhssed her Of her
owner, but could not, under the Kentucky Jonstitu.
tion, and an act OF the Legislature passed in pur.
suance thre0t. emancipate her without her emf
grating from the State, which was not required by
law when Stephen was freed. This being the case
aud Stephen ard Cynthia desiring to remain in
Kentucky, Joseph Kyler Cunsu lied q lawyer a. to
the best method of efeeting his intention. Who ad-
vised him to convey her to Stephen, which he did
iu 1858, without any consideration. The convey
ance, which was an ordinary bill Of sale, was ah-
solute on its face bot the object and understanding
OF the parties was not to convey Cy nthia 10 Ste
phen as property, or So as to lay her liable for his
debts, 81 70 enable him to sell her or exercise any
olHt upNb VT C'liilTpi UNeE UPT IMAM tnhV VI NUS
band and he has az no time claimed or exercised
any other right or puwer.
Prior to this conveyance. in the year lS49, Hon.
George W. Dunlap, u lawyer, had recovered a
Judgement against Stephen for attorneys fee. and
in 1851 had a writ of teri .tacits on the judgement
and levied 10y an officer ON Oynthia q, the property
OF Stephen. and WAS proceeding to have Der sold
rs Il slave for its Satisfaction. To prevent this, q
suit MAS instituted by Stephen and Cynthia against
Dunlap and he officer, by which they PRAYED the
court to declare that she was not the property. but
the wife, OF Stephen and even il ehe should be
held to be the property Of Stephen. that she was
not liable for Dunlap's debt, it having been con.
traetedbetore the conveyance of Cynthia to Steph-
Ell and the conveyance. if fraudulent ss to Ste
phen' q creditors at all, in consequences Of its being
unconditional las commended for by Dunlap, was
not fraudulent IS to creditors whose claims we're in
existence at the time.
The case was tried at tho Augu at term 1857, of
the Garrard Circuit Court, in the State of Ken
lucky, and was deliberately argued by Allen A.
Barton and l.. Landram, Esqs., Tor Stephen and
Cynthia, and by Dunlap FOL himself; aud the cour,
held that Cynthia wasuot Il wife, hut property mere.
~, and rs such was liable to be sold for her hus-
bands debt tn Dunlap.
The decision was appealed from, and will be
tried AT the December term, 1857, Of the Court of
Appeals Of Kentucky.