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![handle is hein.slavery/ussccases0137 and id is 1 raw text is: SUPREME COURT.
ROBET BOYCE, PrL Mxar n iNROR V*. PAUL AxDEu~oN, Dxyzx-
DANT IN ERROR.
The law regulating the responsibility of common carriers, does not apply to the
case of carrying intelligent beings, iuch as negroes. Thb cariler ha§ not, and
cannot have over them'the same absolute control that he hns over innimate
matter. In the nature of things,,and in their character, they resemble passen-
gers, and not packages of goods. It:would seem reasonable therefore, that thi
responsibility of the carrier should be measured by the law which is applicable
to passengers, rather than by that which is applicable to the carriage of com-
mon goods. [155]
The law applicable to common carriers is one of great rigour. Though to the
extent to which it has been carried, and in the cases to which it has been ap-.
plied, its necessity and its policy are-admitted ; yet it ought not to be carried
further or applied to neiwcases. It hasnot beer applied to 'livingmen, and
it ought not to be. [1551
The ancient rule of the law of carriers; that the carrier is liable only for.ordinary
neglect, does not aoelv to the conveyance ofslaves. [156]
WRIT of error to the circuit court of Kentucky.
The case was submitted to the Court, on the part of the
counsel for .the plaintiff ii. error, Mr. Rowan, upon the fol-
lowing brief.
This was an action in the court below against -defendants
in error, owners of the steam boatWashington, to recover from
them the value of four slaves, the property of the plaintiff;
who, he alleged, were delivered to the commandants of said
boat, to be carried thereon, and who, he alleged, were drown'ed
by the carelessness, negligence, neglect or mismanagement
of the captain and commandants of the said steam boat.
The declaration contained two counts, which are inf the
ordinary form.
Plea not guilty, and joinder in the usual form.
Upon the trial of the cause, the following bill of excep-
tions was signed by the judges, viz. Be it remembered,
that at the trial of this cause, the plaintiff gave evidence,
conducing to prove that the defendanis were owners of the
steam boat Washington. That the said boat Washington
by them was used, and employed, on the Mississippi and
Ohio rivers, as a common carrier of property and passengers,
for freight and reward. That the steam boat Teche, in do-
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