Glen v. Hodges
New York Supreme Court
THIS was an action of trespass vi et armis, for taking the plaintiff's negro man slave out of the plaintiff's possession, and carrying him away. The declaration alleged, that the defendant, on the 31st of July, 1810, with force and arms, at a place called Rutland, to wit, at Albany, in the county of Albany, seized, took, and carried away, a certain negro man slave, called Harry, the property of the plaintiff, of the value of 300 dollars, &c.
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THIS was an action of trespass vi et armis, for taking the plaintiff's negro man slave out of the plaintiff's possession, and carrying him away. The declaration alleged, that the defendant, on the 31st of July, 1810, with force and arms, at a place called Rutland, to wit, at Albany, in the county of Albany, seized, took, and carried away, a certain negro man slave, called Harry, the property of the plaintiff, of the value of 300 dollars, &c. The defendant pleaded, 1. Not guilty; 2. That the negro man lived in Rutland, in the state of Vermont, four years preceding the supposed trespass, and…
1Per curiam
There is no doubt that the negro was the property of the plaintiff, and had run away from service into Vermont. He was held to service or labour under the laws of this state, when he escaped, and the escape did not discharge him, but the master was entitled to reclaim him in the state to which hé had fled. This is according to a provision in the constitution of the United States, (art. 4. s. 2.) and the act of congress of the 12th of February, 1793, (Laws United States, vol. 2. 165.) prescribes the mode of reclaiming the slave. It not only gives a penalty against any person who shall…
2Cited by14 opinions
- McKenna v. FiskSupreme Court of the United States · 1843
- Dewitt v. BuchananNew York Supreme Court · 1868
- Jones v. Van ZandtSupreme Court of the United States · 1847
- McIyor v. McCabeThe Superior Court of New York City · 1863
- Mitchell v. WellsMississippi Supreme Court · 1859
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