The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-11-15

TEE RDCMT SLAVE CAsB We publiahsa yesssr-
day the dseison Of Judge PAins rendered ON Sstur-
day last, and the proceedings Of the Court in the
case Of the eight Virginia slaves, who were in
tynsitu with their owners to Texas, but were laid
hold Of by tho abolitonists, and their maoumisson
demanded, on the grounds that slavery was not re-
coeuized or tolerated in this State. The case
came before Judge Paine Of the Superior Court, In
Chambers, on writ Of habeas corpus, issued to the
claimants Of the slaves, Mr.. and Mrs. Lennon,
who responded to the writ by saying
That said eight colored persons the property Of his
wife Juliet Lennon who has been their for seve
raj years past she being resident Of Virginia slave
holding State and that by the constitution and laws OF
that State they have and still bound to her
vice a. that she is with her said slaves or
property in iransiu from Virginia to Texas, another
sayehodpg state and by the constitution and laws OF
which che would be entitled to said slaves and 10 thsr
services that he never had intention Of bringing ana
but passing through the harbor OF New York. on her
way Virginia to Texas when she was compelled oy
necessity touch land without intending to remain
longer than necessary And she insists that sad
free but slaves and that
che Is entitled to their possession and custody.
To this return the party issuing the writ-whose
name is Louis Napoleon-put in geEeral demurrer
The decision of Judge Paine was very elaborate, and
after review Of the whole case he came to the con-
cluson Of dischalging the slaves from bondage. He
said -
The laws of the State Of New York upon this subject
appear to me to be entirely free from any
In my opinion they not only do not uphold egaize
property in slaves within the limits of the State but they
render it Impossible that such property should exist
within those limits except in the single instance of fu
gves from labor under the constitution Of the Unted
States.
In the course Of the discussion which subsequently
ensued, and in which Mr. Culver, one Of the aboli-
ZIONIST counsel, asked for costs, the Judge said
think this a Of great hardship on the owners,
and great good fortune to the other persons costs
in the discretion Of the court should withhold them
In my humble opinion the claimants guilty Of no
fault in holding these slaves in Virginia. decide the
according to the laws Of this State and not as to
the laws Of Virginia.
Mr.. Lepsugh-I am glad that the gentleman asked for
costs for it shows the spirit in which he and those with
him, have acted in these proceedings
The emancpated slaves were placed in carriages,
and driven off in the triumph thus given by law
over justice, whilst the owners walked mourn
fully away, penniless, and without means Of
support.
We believe that in all cases similar to this arts.
ing in the Northern States, the decisions of the local
courts have been the same. We are not aware,
however, that there has been direct trial Of
this issue before the Supreme Court Of the United
States and if the South are disposed to have q
final judgment in the matter, this case affords an
opportunity Of interposing it.