Legal Opinion · Concurrence

Hone v. Ammons

Illinois Supreme Court

Decided November 15, 1852Published

This cause was heard at May terra, 1849, of the Clinton Circuit Court, before Underwood, Judge. The action was founded on a promissory note.

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This cause was heard at May terra, 1849, of the Clinton Circuit Court, before Underwood, Judge. The action was founded on a promissory note. The second plea was, that the note was executed and delivered for the sale of a certain negro man, then running at large in the State, who was alleged falsely and fraudulently to be a servant for life, and that plaintiff had a good right, title, and claim to said negro; whereas, in truth and in fact, said negro was not a servant for life, but was a free man; and that said note was made and executed for no good or valuable consideration. The verdict and…

1ConcurrenceTrumbull, J.

I concur in affirming this judgment, on the ground that a contract made in Illinois, for the sale of a person as a slave, who is at the time in this State, and to a citizen thereof, is opposed to the policy which the people of Illinois thought proper to adopt in the foundation of their State government, and in the very teeth of the express provisions of the constitution. The State constitution declares that “ all men are bom equally free and independent,” and that “ there shall be neither slavery nor involuntary servitude in this State except as a'punishment for crime, whereof the party shall…

2Cases cited1 opinion

  1. Skinner v. FleetNew York Supreme Court · 1817

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