Habeas Corpus Case – Slavery Preferred

From the Salem Register, with a heading, Love’s Labor Lost, there is the story of a habeaus corpus sued out under the name of Joshua Upham, of Salem.   The case of a colored girl named Rose was brought before the Supreme Judicial Court.  Ellis Gray Loring and S.E. Sewall contended that Rose came from Mobile, as the hired servant of Mrs. Eliza M. Ticknor, that in Mobile she was slave, and being under 14, she was not adequate to make a choice between slavery and freedom, that she should be made free, on the ground of being incompetent to make that decision. The Judge questioned the girl. She expressed a desire to remain with Mrs. Ticknor, to return to Mobile, where her brother and sisters were.  The Court found her capable of making the decision, and saw no reason for interfering with that decision.  She went her way with Mrs. Ticknor….. The abolitionists appeared much disappointed at the decision. One colored person attempted to convince her to remain and be free, but without success.  The article concludes with a lesson for abolitionists: … “Would it not be as well for them, when next they take so strong an interest in other people’s affairs, to ascertain first the wishes of the object of their sympathy?”

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