Cooper's Clarksburg register. [volume] (Clarksburg, Va. [W. Va.]) 1851-1861, 1852-12-29
sGoxernor,s0lIes other Lennon
Slave

SGoNernor's0HIessase Othe Lemmon
.ggs,..s.as. Slave Case.
The following IS the Goyefnor'ss appro ).
h PIRATE commune cation to the Legislature
relative to the discharge, by a Judge of
: New York, Of the slaves Of Jonathan Lem
mon. of Virginia, sd, 10 r5,.s. .,i a. r s
.f,,,-s $3.50 4 fxSEcuTrvE CHAaIBER,(
~ =, - Dec. IL, 1852. e
70 DE Gsaeaat assessi.bly Of Hsrqiiniia /: : o.
GESrIEMEN Tin a late communication
had the honor to address your body, I
alluded to recent decision sion Of a Judge in
: the State of New, York, by which iona
than Lemon, a citizen of Virginia, had
: been deprived Of his slaves. stated that
q steps had been taken to procure an OH
iycial COW of the record, and that when re-
@ nceiSetf would communicate 1t for such
action as your wisdom may dictate.
have recently received that record,
md herewith submit it for your conside-
ration.
II will be seen that Lennon and his
wife, with eight slaves belonging to her,
were emigrating from Virginia to Texas.
g On their passage they passed through the
PEELED by necessity to land with their
slaves, without remaining or intending to
remain longer than necessary, and with
no intention at any time of bringing their
slaves into that State to remain or reside,
or for any purpose whatever, except in
passing from Virginia to Texas, Being
so in transit or on their passage. u writ Of
habeus corpus was applied for by third
person, aad issued by one of the judges
of New York, by which they were com
PEELED to bring their slaves before him !;
and he, on the facts above stated, decla-
red the slaves free, and set them at liber-
ty. --s,-.....
The record contains the judges opinion
at length, in which see nothing to change
the opinion heretofore expressed upon
this subject. 1t will not be expected that
I should enter into legal investigation
of his reasoning and conclusion, nor is it
necessary in order to secure for it from
your body, that enlightened consideration
which it's Importance demands. 1t is in
conflict with the opinions and decisions of
other distinguished jurists, without, be-
lieve, single precedent to sustain it. In
Importance, it is of the first magnitude,
and in spirit it is without its parallel. If
sustained, it will not only destroy that
comfy which should ever exist between
the several States composing this confed-
eracy, but must seriously affect the value
of slave property wherever found in the
same.
l have also received and herewith sub
nit communication from Henry D. La
paugh, Esq, of the city of New York,
from which you will perceive that the pro-
ceedings which took place before Judge
Paine. have been removed by ceriOrari,
into the Supreme Court of the State, to be
by that Court reviewed.
But 1 am informed that by the volunta-
ry contributions of a portion of the good
people of that city, Lennon and his wife
have been fully reimbursed the value of
their slaves, and have stipulated that in
case Judge Paine's decision is reversed,
the slaves shall have their freedom. This
withdraws from those Immediately con-
cerned all interest in the further prosecu-
ton of the appeal But it by no means
dimiuishes the extent to which the deci-
sion effects the rights and interests of our
citizens at large. [ deem the subject Of
sufficient public Importance to require and
receive the attention of the government OF
this Commonwealth, and recommend that
for the present, provision shall be made
by the General Assembly for the efficient
prosecution of the appeal already taken
and of such other judicial proceedings as
may be found necessary and proper for n
satisfactory adjudication of the important
questions involved in this case.
l cannot believe, that even by the SUI
preme Court of the State of New York, a
decision will be sustained that is SO con-
trary to the spirit of all law, SO opposed
to the established principles which regu-
late intercourse even between foreign ma
tons, so much at war with the relations
which should subsist between the sister
States of this Union, and, as 1 think, with
the spirit if not with the letter of the con-
stitution itself.
But if in this am mistaken, if the sta
tute of New York has been rightfully ex-
pounded by the learned Judge, and is not
in conflict with the Constitution of the
United States, it is proper that Virginia
should know it. The same sovereign po-
wer by which New York enacts her laws
and gives them force within her limits,
pertains to Virginia within hers !; and to
to them she will then have to look for re-
dress.
Very respectfully.
. JOSEPH JOHNSON.