The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1857-05-21

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Judgc HrbnkerAehts VRsmlOo.
Brinkerhof, j. For the reason that the
principles involved in this case are of great
moment, and are now regarded with general
and peculiar interest, will depart from the
ordinary usage Of the Court briefly to state
separately the grounds on which place my
concurrence in the judgment we are about to
enter.
ONCE YREK, ALWAYS FREE.
In the case now before this Court, there
was no escape from Kentucky into Ohio
Poindcxter came into Ohio, on several occa-
sions, with the consent, or by the order OF
the plaintiff So coming, he was beyond the
reach Of the local law which had enslav ed
him, and subject to no claim NJ fugitive
servant. So coming, he became entitled to
the full benefit OF the express prohibition Of
Slavery by our State Constitution. To all
intents and purposes whatsoever, he was
free his condition and status was that OF .
freeman; his master, by consenting to his
coming, must be held to have consented to
his fr ,edom, which, whether he consented or
not, was established by law. And being
thus free, wherever he might 90 or be taken
he could not again be enslaved by any law
which this Court can recognize as valid.
ALL PERSONS ARE BORN FREE.
By the laws Of nature, all persons are free.
No human being is born, or can be born, a
slave. The laws, by q stretch Of courtesy
So called, of particular countries or States,
may subject certain persons to be held and
treated as the transferable instruments Of
other persons; and this subJection, which
constitutes slavery, originating in force and
fraud, and upheld by local laws which adopt
and sanction the original wrong, may attach
Immediately after birth, as the effect Of pos
tive law in derogation of natural right
But still it remains true, that the absolute
and equal freedom Of al persons at birth, is
fundamental principle of American institu
tons, proclaimed with our independence, and
incapable Of abrogation. This principle was,
by the ordinance Of 1887, impressed on the
soil Of Ohio, before there was an organized
community within her limits il is fundamen-
tai in her organization always embodied in
f1tf constitution; and her laws, her policy,
and the convictions, the morals, and the re-
ligon Of her people, are instinct with it's
spirit.
The moment any person comes within the
territorial limits of Ohio, his personal rights
are ascertained and determined by the con-
stitution and laws Of Ohio. There is no ex-
ception to this rule, save in the ease OF a
person, who, being held to service in another
State, escapes into this. In such case, the
constitution Of the United States declares
that the fugitive "shall be delivered up on
claim Of the party to whom such service or
labor may be due"
NO PROPERTY IN NAN.
There is nothing in this article or compact
which gives any sanction to that slavery, the
essential elements OF which is dsserted prop
srty in man; nothing inconsistent with the
purpose Of the Trainers Of that Constitution,
clearly manifested in their debates as report
ed by Mr.. Madison, to avoid all rec ,gnition
Of 'sthe idea that there may be property in
"-3d Madison Papers, 1929, 80.
1t establishes no rule which does not APP
ply equally to all "persons held TO service"
1t takes up and deals with the broad and
general relation Of master and servant, but
has nothing whatever to do with the relation
of owner and property.
When, therefore, person held as slave
in another State, escapes into this State, ne
ceases to be, in any proper sense Of the Uord,
q slave. And the Courts OF Ohio, ! appre-
bend, would decline to recognize or enforce
any contract or purchase Of sale, whatever
made, of which he might be the subject while
lection as property, created by the local law
of the State he has left, cannot follow him
beyond the limits of the sovereignty which
established it.
A MAN roR ALL THAT.
In Ohio, he is a man; liable, it may be, to
be delivered up on due claim and proof, but
yet man, s'a person held to service,o and,
in every other respect than this, free man.
When once SO delivered up, and taken back
to the State from which he escaped, the re-
lation Of q slave may re-attsoh under the To-
cal law. Until then, subject only to his liza
bility, he remains free.
Ii person held as slave can he brouph hit
or sent into Ohio for one hour, and still re-
tain his status as slave, then the same thing
can be done for q day, week, q month, =
year, a lifetime; and thus this institution,
the shame Of our country, and the oppro-
brium Of Christendom, be virtually estab-
iished on q soil so early, so often, and 80 SOL
EMMY devoted to absolute freedom.
From the declaration of independence un-
ill very recently, it was never questioned that
in the United States, person onoe legally
free is always free. The doctrine has been
regarded as a part Of American common law.
stitute title to freedom, but have, almost
with one mind, concurred time and again in
the doctrine that no man once free, can be
again enslaved except for crime. In my
judgment-and such | understand to be the
judgment also Of four Of the FIVE members OF
this Court-Poindexter, having come into .
free State otherwise than by escape, was
free; and having thus become free, could not
again be reduced, to slavery. And this
opinion governs the decision Of . majority
Of the Court because il free, the note given
in consideration Of emancipation, was with
out consideration and therefore void.
coxlrY BETWEEN STATES.
We are aware that in Kentucky it has been
decided that person held ~ . slave inrthss
State, who may have been taken for tenn
porary purpose, into y Free State, Jand
brought, or coming back again, is notthere-
by enfranchised, but is remAnded to the con-
dition in which be was before held; and it 10
urged that the principle Of international and
interstate comfy requires us to recognize
aAd enforce this rule.
= The clear and sufficient answer to this
claim is, that comfy 10 not q matter to be
demanded as right, else it would cease to
be comfy. Like courtesy among individu-
ais, how far the principle Of State oomity
shall be carried in any case or class Of cases,
is at the discretion Of the State called on for
its exercise. And no State OF the civilized
world has ever felt itself bound 30 carry the
doctrine OF comfy to the extent Of subvert-
ing its own established policy.
The enslavement by local authority Of q
man once free, presents the monstrosity OF
legalized wrong; it is iniquity INTENSIFIED
and hardened into lap and when the sub
jecsis legitimately before US, it 10 due to that
principle Of righteousness which 10 the soul
Of all lac worthy Of the name, and it be-