Legal Opinion

McFarland v. McKnight

Court of Appeals of Kentucky

Decided June 19, 1846PublishedCited by 5 opinions

Error to the Louisville Chancery Court. Chancery. Case 109. Th e persons of color referred to in the statutes of 1824 and 1828, (1 Slat. Lam, 259 and 60,) mean such pet-sons of color as are slaves only. Process served on the owners of the boat. Answer of the master of the boat, contesting the constitutionality oí the slat-sites of Iiy. of .3824 and 1828. Slaves escaping from their owners remain slaves into whatever Slate they may be found.

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Error to the Louisville Chancery Court. Chancery. Case 109. Th e persons of color referred to in the statutes of 1824 and 1828, (1 Slat. Lam, 259 and 60,) mean such pet-sons of color as are slaves only. Process served on the owners of the boat. Answer of the master of the boat, contesting the constitutionality oí the slat-sites of Iiy. of .3824 and 1828. Slaves escaping from their owners remain slaves into whatever Slate they may be found. The act of the Legislature of Kentucky giving the remedy by suit in chancery for the removal of slaves from the State by means of steamboat, didnot create…

1Opinion of the CourtChief Justice Ewing

The errors assigned draw in question only the constitutionality of the three acts of the Legislature of Kentucky, noticed in the opinion of the Chancellor, and raise no questiorudgainst the form of the decree. This Court has already sustained the constitutionality of the acts referred to, in the case of Church, et al. vs Chambers, (3 Dana, 274.) We still adhere to that opinion and concur with the Chancellor substantially, in the opinion which he has delivered, and approve the conclusion at which he has arrived. We deem it unnecessary, therefore, to add any thing to what he has said, but…

2Cases cited2 opinions

  1. Church v. ChambersCourt of Appeals of Kentucky · 1835
  2. Watham v. Oldham's HeirsCourt of Appeals of Kentucky · 1839

3Cited by5 opinions

  1. HENDERSON BRIDGE COMPANY v. Henderson CitySupreme Court of the United States · 1899
  2. Indiana v. KentuckySupreme Court of the United States · 1890
  3. Ohio v. KentuckySupreme Court of the United States · 1973
  4. Perks v. McCrackenCourt of Appeals of Kentucky · 1916
  5. Ohio v. KentuckySupreme Court of the United States · 1973

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