Kenosha tribune & telegraph. [volume] (Kenosha, Wis.) 1856-1859, 1857-06-04
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A Righteous Judgment in Ohio.


A Righteous Judgment in Ohio
Ohio has unfurled the banner of freedom over
its dominion. Our readers will recollect an a.
fusion some time since to case pending before
the supreme court of that state, in which diff
ferent decision was anticipated frem that recent
y made by our national supreme court. That
decision has come and heart cheering sound
u mas; We give it below, prefacing it with
recital from the Cincinnati Gazette OF the facts
| as presented ON the trial that preceded it.
"A slave Poindexter, was owned by man
named Anderson, living in Kentucky, near the
Ohio river Poindexter was trusty and Of much
value His master frequently sent him across the
river to Ohio, to transact business for him, and
to do errands He agreed to give Poindexter
his freedom for the sum of ten hundred dollars;
Poindexter executed notes with sufficient sure
ties for the payment of the money, He went
| to work in Ohio and Kentucky, to raise the mo-
ney by tho labor of his hands When one of the
notes became due, payment was refused, and
the owner Anderson brought suits in the Ohio
courts to recover of the sureties.
The suit was contested on the ground that
Poindexter was already free, before the notes
were given, by having been brought or sent
into Ohio by his master, and therefore there was
no consideration given for the notes. This is
the chief point in the case, SO far principle is
involved
The supreme court decided that this was well
taken, and that the bringing or sending slave
into Ohio makes him free. To this point Judge
Bartly dissented, and the other four Judges
agreed upon it, This it will be seen conflicts
with the bred Scott law of the five slavehold-
ing Judges of the United States court, as recent
ly expounded by Judge fancy
Judge Bowen delivered the opinion of the
court holding
/, That neither Ohio nor Kentucky can de-
mand an abrogation Of the constitution and
m mir of OIL AF
ity; and if a person. claimed as a slave in Ken
lucky, comes into Ohio by the direction or con.
sent OF his owner, even for a temporary business
purpose, the constitution and laws of Chic ope-
rate on the condition of such person, and effect
his immediate emancipation.
~. When person. held in slavery by the
municipal law of the State in which he lives,
once becomes free by virtue of the laws of an
other country or state, into which he goes by the
consent of his owner, it is not in the power of
the latter ever to reduce him again to his former
condition of servitude, under any law which this
court can recognize as valid.
g. BY the laws of Kentucky. a person who
is held and treated as slave. has no capacity to
make any contract whatever; and promissory
notes given to his master by himself and sure
ties for him, in the purchace of his freedom, are
illegal and void, as to both principal and sure
ties.
Comfy BETWEEN STATES.
1--WE are aware that in Kentucky it has been de.
cided that person held as a slave in that State,
who may have been taken for Temporarily
purpose, into Free State, and brought, or COM
ing back again is not thereby enfranchised, bni
is remanded to the condition in which he was
before held, and it is urged that the principle OF
international and interstate comfy requires us
to recognize and enforce this rule.
The clear and sufficient answer to this claim
is, that comfy is not matter to be demanded
as right, else it would cease to be comfy. Like
courtesy among individuals how far tho princi
pie of State comfy shall be carried in any case
class of cases. is at the discretion of the State
called on for its exercise. And no State of the
civilized world has felt itself bound to carry
the doctrine of comfy to the extent of subvsrting
its own established policy.
The enslavement by local authority of a mais
once free presents the monstrosity of legaliged
wrong; it is iniquity intensified and hardened
into law and when the subject is legihmately
before US; it is due to that principle of righteous
ness which is the soul Of all law worthy of tn
name, and il becomes the administrators
of such law, to protest against, condemn an d,
as far as may be, consistently with constitution.
al obligation, to nsify it. because it is sorong rath-
err than to lend it an indirect sanction through
morbid exaggeration of the spirit OF courtesy.
The policy of Kentucky is to uphold the claims
of masters Her courts upholdins this policy,
refuse to recognize any obligation of comfy or
otherWise, 10 ENFORCE the ONO RUE OF FREEDOM,
Collins rs America, 8, Is. Monroe, 572 The fun
damental, organic and unremitted policy Of
Ohio is to maintain the right of men, and her
tribunals, giving Just effect to this policy, must
not permit themselves to be moved, by plea of
comfy, to turn aside from the plain path it pre-
scribes to the support of the the Kentucky rule
of Slavery. This policy of Ohio is hers byvir-
tue of her own sovereign choice. She wall,
trust never permit it to be called in question:
| If she does, she doubtless find suitable ORGANS
for the utterance of her altered will; but as an
humble member of this Court, lean neuer ef~'ss
sent TO be become. the medium Of its Surrender.