Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1852-11-18
THE NEW YORK sLAvE CASE. o.
lMpoRTANT DECISION

VI r
IMPORTANT DRCISIoN5
Tho important slave which recently arose In New
York involving the right to freedom under the hwsoi
that STATE Of eight slaves TO te city in charge OF
their owners who wei alns them from Virginia TO TeT.
as vas decided by Judts Paine Saturday, In fyoT Of
lie slaves who under de ruling Of the Court ime
dateIy set free The is regarded as one Of the most
po That has arisen out OF existing
bet;yeen the slave and ee States and Involves some
points which, is ellinod have meyer been adtudieaied
before. We extract iromthe decision OF tho Judge such
parts may give understanding OF the principles upon
which it was givcn.-Ban. american.
srPFaIoR C6uEr.The People, &c, rel. Louis NaPo
leon VS., Jonathan Lennon. respondent .,, or,,.
requiring him TO have
SSGs CITY Of and now il
this city, with the cause Of iAeiF I'M
% has to this writ that Eaih eight
eoIoIed persons are property OF his wife, julie Lem
%Sn ssds5t Of vEs sSVehoidns State and
BY u, cGnsoa OF that State they have been
aaS s With Sci ssS lives Taft. fSm
Virginia 70 SISte s ni ~ III 10
slaves their That shs never 6 had any @
70 reman or reside but was pressing through hs hsse0. =.
New York; on her way Itom 70 Texas, she
tending remain longer Than was necessary Ana sne III
ssts that said Petsohs are got free but slave as 1oIe
said and that she Is entitled 10 their possession ana Gus
tody. 4 ! u a
ceTtaiLy supposed when this case first presented
IN me- haI as theTe could be no dispute about the mets
Int unon The argument the eounseior the respondent e
ted several Casa which satSheo me th9t TINS oe Souu
not be decided until those had been carefully examined
Amer examining and dlsposng OF tho cases cited, the
udgo thus sums up the remaining points presented to
considerations = a ! =, i-g-- ~ GE4fL-tE.
The respondent refers TO those provisions OF
te Copsifin OF lie Uned States which relates to Isl
tive slayes aud the regulations OF among the
several States With EegId 70 INC hssS Prov,
property slaves 1t IL sufficient 70 say has although the
az sch entitled to Obedience from ALT il Isl
80 every thing is eoneerned INC same az tele
s1 bed in eSss without humber and Is held n each OF the
three cited by the respondents COUNSEL aud upon
AZ for The provisions Of the Constitution in relation to
the STATES HIs Se
pcty reserved them OF passing all such laws as may Re
oTder. and the ven being Of society or laws which
usually called sanative and police rpsatols Laws regu
Stns or ato state belong
and night 10 pass th0se T. Ss not
the three upon which the counsel mainly Tees Aud
tion bayns 10 regulate both exsrei and inter
mi in slaves by certain distinct and specific
slaves nom abroad and the OF fugitive saves) has
thereby taken tho eent OF slavery Out Of these general
separately upon subject OF slavery to very limited
tsnt and there stopped has shSn ~ 10
was 10 be disposed o. and has not left TO Congress
se For under any other view OF tho subject the pro
visions in relation tho importation OF slaves and TO gt
tuon had insnded to give Congress power slavery
by The general ~ % Of F 10
enable Congress 10 do all that they are esPesy empow
as an express power takes away power which might 9TH.
erwise be tacuy implied think II has clearly done so IN
this instance ls. -..
The laws State Of New York upon this subject
pear tobe entirely from any uncertainty. In
OpirOn they ot Uy do not uphold or property
should exist within those
limits except In tho sngc instance OF fu6dves from Labor
The Revised sat.ss cyO T. go Ed reenaeting
the law of1st7 provided that NO person hslH as slave
any gretsess except IN TIE eSses sRs
held HlVe wlO hath been introduced or brought 20
this state contrary TO tho laws IN force al the o shall be
The cases excepted by this section provided for in
the ak succeeding sections The second section
third fourth and fnh sections except certain slaves be-
longing to who may eon!inne TO DO held as APP
pTentces; the seventh section provides that families conf
Ing here TO reside temporarily may bring with them and
take teir slaves and the sixth section contains the
rSRy person not being an inhabant OF this State who
NAV bring with him any person liwfay held By hun in sS
very, and may take such person with him from this Sinei
nc this State than nine months and such Iesi
enco be continued beyond that TINE such persons shall be
Such was and had always been the law Of this State,
an act amending Revised Statutes, in the following
words, The 81 an 9TH 9Th and tn sections
The 9Th section or the Revised Statutes and that alone,
contained an exception which would have saved the slaves
or the respondent rU operations OF section.
The Legislature by repeating That section and leaving the
have, regards the rights OF these people
and OF their master them absolutely fee and that
not merely BY The legal sos. Te pea but Gy
mposi Bile make clear than 1t Is by the mere
| language and evident objects Of the two acts.
II was however, insisted the argument that the words
imported introduced brought into this State in the
tho Revised Statutes, meant only introduced
or brought purpose Of remaimng here So they
did undoubtedly when the Revised were passed.
that meaning 10 the lst And when the Legislature ael:
wards repealed the sixth Section, they entirely removed
meaning leaving the list Section and Intending TO
It, mean It's explicit and unIescTyed and
| qualified Language imports, ....,..,- -.-#
Not thinking myself called upon TO treat this case
easuis or LEGISLATOR have simply 70 diSehargc
lind them Did not tho law Heem 10 nc 80 Glcl might
greater ;ret that have been obliged 10 dispose
ny Judgments that The eight coiored persons mentioned
| In the writ he discharged.
The Express says- ~
On the annouiiteme that the slaves should be dis.
the part Of the audience nsdo, and rceoocd by thse In
ard around Hail. Mr. and Mrs LENNON the cAtHAnta
OF the slaves present Sympathy was expressed los
| them by Judge and counsel.
side retain tho custody Othe slaves long enough 10 en-
bic him get writ to the Supreme Court.
MI Culver said they had no power 10 90 that but he
Mr. Jay said, he himself should decline, even II in his
power, To crafty the counsel.
The eight persons e women 2lads, u and ~, 2twn
boys Z, Infants, tho They CON
Quoted by Louis Napoleon and placed In anu
amidst the cheering eoored people assembled
Il is said the slaves in QUESTION were nearly al the proper
| ty they owned in the world.
PARAGRAPHICAL.