, 1865-06-07
Interesting slave Case In Kentucky
ORDER From MAJOR GENEEAI PALMER IN EE-
LAYTON THERETO.

Interesting Slave Case In Kentucky.
ORDER FRoM MAJOR GENEEAI PALMER IN EE@
LA7loN THERETO.
HEADQrAarEHs DtrAnrMEsr oP KEsrucE1,
Lor1sY1IAE, HI, Jncc >, 1865,
S1R--Your letter Of yesterdays date, ad-
dressed to Captain E. 3. Har!sn, Assistant
Adju'ans General, in which you state that
Jacob H5rdn, represented to the court to
be slave, was committed to the NO k-house
until hts muster should give bail that be
would not be suffered to 60 at large aud !lrc
laid before mt.
It is no part Of the duties Of the military,
III hotitics, urdsr ordinary circumstances,
to intere with the action Of the courts # tn;
State, or to obstrnct the operation Of tbs To-
duty to protect The people from fosclhle
wI0nss whether inflicted under ths forms Of
law Or Otherwise. -
I beg to assure you that I do not question
the integrity Of lhs Judge whose sentencs ii
nndcr consideration. though 1 express the
ported by any existing law. "Wten the tea-
eon Of the law ceases, the law Itself ceases"
ID 1nle funded In reason, and Is recognized
by a1l courts.
The particular law which must be referred
to support this order was enactcd By
I'ort OF slavery. According to tho policy
Of the Slate, then recognized as cor
iect, it WIS the duty and 1t yas then In the
power ct masters to prevent Their slaves from
going a. la,ge md hiring themselves as fea
persons, Hhllc tho s1ave himself nad no In-
teIest il tho question.
This State Il things, has, however, ceased
Dus!ng the last four Years, from causes famil-
1af to every one, ma8ters we're not, in mn
5orty Of cases, able to give protection to
| taeis slaves. It was not their duty, then,
cren according to the theory Of this law IT,
kH0f fO Thth Them and " IN
bonds Of slavery arc relaxed, 1t not totally
| b OXEN, it 's not in the power of masters t.,
Itt vent slaves from going at large and hiring
| themselves MS free MEL
This highly penal law, which demands in-
| possible acts tIom the owners Of stayes, must,
therefore, be held to have ceased to exist, as
much as If repealed BY legislative authority.
| There Is. however, another thing to be
said, which demonattates the correcln.a of
| that conclusion. Masters have ceased to
| provide for or control those who are nominal
| ]y 1ftir slaves. According to the theory Of
I! this obsolete law. these were bis duties. Ho
| has neglected them, set, tg strange perTer-
sion of Juatlcc, the slaye ls selected 1s the
object Of Punishment, This man Hardin,
now before me. has, uron hts ltmbs, mlrks
mafc By Iron fettcrs, placed upon him ouly
necaus~ hts master has failed to obey this
law. Nor is this the only enoru1ity presented
by the case. Ua.din Is ordered to tt kept In
the work-house, u5 you Inform me, not for i.
lsliud eo Axed as to terminate, not until he
docs soznc act, bus until the mast:r, over
whom he can have no influence or CONTROL
au6 ,sho has. now that slaves are yalusless,
M interest in him, shalt voluntarily give hail
that be shall never aga!n 60 ct lasgt or hire
himself as free man. For anything Hardin
himself can do, lis confinement must be per-
pttual.
forward you herewith MY order made up
o.: u Consideration cf the whole case,
Very respectfully,
JNo. u. PALMER,
| Maj. Gen. Cu1nd'r.
To Geo. ". Johnston, Judge Louisville City
I T0,trf