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Jacob Strader, James Gorman, and John Armstrong, Plaintiffs in error, v. Christopher Graham U.S. 82 (1851)

handle is hein.slavery/ussccases0264 and id is 1 raw text is: 82 SUPREME COURT. Strader et al. v. Graham. below, the defendant in error, in the second; and removed to the third judicial district of the Territory, to recover possession of a small piece of land; and was commenced on the 16th of April, 1845. Issue being joined between the parties, such proceedings were had thereon, that judgment was afterwards. rendered ,against the defendants in the June term of said court in the year 1846. The case was afterwards removed to the Supreme Court of the Territory, and the judgment of the court below affirmed by a divided opinion at the July term of that cotrt, to wit on the 2d of August, 1847. The judgment was afterwards removed to this court by a writ of error for review. The citation is signed 22d Novem- ber, 1847. The case was, therefore, pending here on the 29th of May, 1848, at the time of the admission of the Tertitory into the Union as a State. It is one not of a Federal chartcter, but belonging to the State judicature, and therefore falls within the decision of the case of 'McNulty v. Batty and others, just made, and the writ of, error must be abated. Order. This cause came on to be heard onthe transcript of the rec- ord from the Supreme Court of the Territory of Wisconsii, and was argued by counsel. On consideration whereof, it is now here ordered and adjudged by this court, that this writ of error be, and the same is hereby, abated. JACOB STRADER, JAMES GORMAN, AND Joax AnxSTRONG, PLAINTIfS I.ix EnRO, v. CwHISTOPHER GRAIAM. Under the 25th section of the Judiciary Act, this court has no.Jurisdiction over the following question, viz. Whether slaves who had been permitd by their master to pass occasionally from Kentucky into Ohio acquired thereby a right to fredom ate ther asr to wetuk 1' Teasof etckalncoddeiepn exep . t S in thi r ese .r obligations~~impased upo th m b h o sitto fte U ied Ste. There is nothing in the Constitution of the United States that can in tny degree control the law of Kentucky upon this subject. The Ordinance of 1787 cannot confer jurisdiction upon this court. It was itself su-- perseded by the adoption of the Constitution of The United States, which placed all the States of the Union .a perfect equality, which they would not be if the Ordinance continued to be in force after its adoption. Such of the provisions of the Ordinance as are yet in farce owed their validity to

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