The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-11-20


States Of America the seventy seventh.
WILLARD FILLMORE.
BY the President
EDWARD EvERErr, Secretary Of State.
From the Neio York Journa! Of Commerce.
The Slaves Of Jonathan Lennon.
We have already published the decision Of
Judge Paine Of the superior court oil this city, in
the Of eight slaves OF Jonathan Lennon, who
touched at this port on his way from Virginia to
Texas, whither he was emigratng, accompanied
by his wife, children, and servants He had no de-
sign to make any stay here, and no desire even to
come shore; his only object being to take tho
quickest and most convenient route to Texas,
which he understood to be by steamship from this
city, He accordingly embarked at Richmond in
steamer for this port, expecting here to be trans
ferred to a steamer bound to New Orleans. The
history of the voyage thus far shall be stated in his
own words:
ION the 18th day of October last lett my homo
in Bath county, Virginia, with the view OF emf
children, and eight slaves. ! reached Richmond
on the 3Oth day of October, and remained there
until tho Tuesday following, endeavoring moan
while to engage q passage in SOME vessel for New
Orleans Finding, however, that no passen ger
vessel would be sailing from that port to New Or
leans for some three weeks thereafter, ! went TO
Norfolk, and took passage in tho steamer City OF
Richmond for the port of New York, with the in
tention of proceeding directly from New York to
New Orleans; having no idea, before leaving Nor
folk, that there could be any difficulty in going to
to New Orleans. had been told and believed that
could do 30 with entire safety.
"Mr. Ashmead, who was a clerk in tho City Of
Richmond. told me on the voyage to New York
that need not be at all uneasy about losing the
slaves; that the law was in my favor in New York,
and was bound to protect me in the possession and
property Of my slaves; and that the mayor Of that
city would zee that il was done, provided any diff
ficulty should occur. Mr.. Ashmead promised me,
whilst on our way to New York, that he would,
Immediately after the City of Richmond got into
the harbor Of New York, procure a passage for
myself, family, and siaves, in some ship going at
once from that port to New Orleans.
"Under thsae circumsa noes, and thinking that
all was right, arrived in the harbor of New York
about half past four O'Clock in the afternoon, on
the 9Th instant.
"When the City of Richmond had thus arrived
at New York Mr.. Ashmead went ashore, telling
me that he was going to procure passage for US
In q steamer ready to sail for New Orleans. After
an absence Of about an hour or an hour and hall,
he returned, and stated to mo that he had beer
unable to find the man whom he went to see in re-
gard to obtaining the passage, but handed to me
piece of paper which he said contained the name
Of that person, and directed me to 60 with it TO
place in South street. went there accordingly,
and at the door met a man who said 10 me that ne
was the individual named in the paper. ! told
him that wanted to engage passage for New
Orleans in q vessel proceeding at once to that port,
upon which myself, family, and slaves could be
placed that night. He replied that he would i'm
mediately transfer all OF US that night to the
steamer Memphis, which would sail for New Or
leans the next morning. then went with him in
side the office, where passage tickets were given
to me. He then etated that he would send round
for my family, slaves, and baggage to the City OF
Richmond. and transfer every thing on board of
the steamer Memphis. He and then went to the
City of Richmond, and very soon two hacks came
there, which he stated had been ordered by him,
and into which myself, family, and slaves got, I'M
der his direction, he saying to us that they were
to convey us to the steamer Memphis. The hacks,
then, instead of proceeding to the steamer Mem
phis, drove round to his Office in South street.
Here was told that must pay our fare before
being put on board of the Memphis then paid
the amount, being $l6l. As soon this money
was paid the hack drivers refused to take to the
steamer Memphis, but carried us, against our
earnest protest, to house No Carlisle street,
dropped us down upon the sidewalk, and drove of.
1t was now dark, and We being utter strangers in
the city, compelled to stay at that place till
morning. The next morning (thc 9th instantly
the steamer Memphis sailed, leaving myself, fam
lily, and savos, and whilst she was departing from
the wharf word was sent to me that my slaves had
been taken into court. The result of The proceed
ings in court has deprived me Of all my property,
"JosArHAs LENNON.
"NEw YoRK, November II, 1852"
If this is q correct statement, as we presume ii
10, it shows that an innocent man has been robbed
of his property, some s 600 in value, being all
that he had in the world, for no other offence than
touching at the port Of New York, in his transit
from one slavchodng State to another elavehold-
ing State; and further that the robbery was effect
cd by means of an infamous fraud. Who sent those
carriages professedy TO take Mr. Lennon and his
family to the steamer Memphis, but in reality to
drop them down in Carlisle street, strangers III a
strange city, that they might not be able to depart
in the steamer Memphis? Or. had the drivers been
tempered with by the Abolilionists. and bribed TO
carry the strangers to Carlisle street, instead OF
Il is Clear that somebody told string of falsehood.
in order that a $4,000 robbery might be commit
ted under the forms OF law. We hope that the
thors of the mischief, whoever they may be- will be
otoA md ,lrpiah sd thaud
AZ to the decision of Judge Paine, 1t does not be-
come the writer who is not lawyer, TO dispute i!s
correctness But we may properly array against
ing Judge Grier, Of he United States circuit court
sitting in Philadelphia in October last, who, in
charging the jury in the case of Cecil Oliver and
others against David Kaufman and others, held
"It has been con tended that these slaves became
free by the act of the PLAINTIFF in bring
ing them into the State of Pennsy lvania.
"This question depends upon the law Of Mary.
land, and not of Pennsylvania. This court cannot
20 behind the Status OF these people where they es
capped. We know of no law decision Of the
courts OF Maryland which treats a slave as liberat
ed who has been conducted by his master along
the national road through the State Of Pepnsy
vania. On this subject Lord Mansfield has sale
some very pretty things, Gin the case Of somerse,)
law. But they will perhaps be found, by examina
ton Of later cases, to be chased with rhetorical
hourishes rather than legal dogmas. Since the
ed in the Supreme Court, as think. But, however
that may be, the point is ed in favor Of the plain
tifs for the purposes of the present case, do
sire TO have your verdict on the facts Of the case
which are SO mach contested" '..|
The point here made is substantially the same
M that involved in the decision of Judge Paine.
Judge Grier declares in effect that the slaves in
question did NOT become free by the act of the plain
tiIs in voluntarily bringing them into the State
Penney lvania, for the purpose of transit. Judg
Paine in the case OF Lemmon's slaves, takes tn
opposite ground. These slaves, like tho others
were merely passing through, or rather touching
at, a non slevehoIding State on their passage fron
one slavehoding State to another, accompanied
by their master. ..
1t 10 to be noted, however, that Judge Pain
grounds his decision in considerable mcasur
upon law of the State Of New York passed in ls4l
under the administration OF Governor Seward
which declares that "evcry person held as slav
who hath been introduced brought into thu
state. contrary to tho laws in force at the time
~l...I ha frcc - Rcuond donht Iudne Paine,a de