New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-11-15

statement IL ~ perfectly inst the
snrrcT admits whatever IL well pleaded in the return
~. n the return intended 70 state necessity created
~ The ris major il has pleaded badly for only al
,.es necessity without saying what kind oi necessity
es II does not aliege necessity created bv the rs
oy the demurrer has not admitted any such necessi
=, where the light o.. transit does not sprng rom the
rs roor the writers agree that IL may belawnly
refused Qb) 49,,
.e,,n,rv and so far know has not heretofore been
S.ruted that a Stale may rghtuly pas laws, If II
hcoses 10 do co. iOrbddn the entrance or bringing Of
sves into It's territory. Til Is held even by each OF
ha tbree Cases upon which the respondeuis counsel
Ses 0Conmonw eath VI. Ayres, II Pick r. 2ll. WI
,srd " the People 4 ScammOns Rep, Al. Case Of
cewsIrs Slaves, 3 Am. Jurist, fOi)
The laws Of the State Newl DIRK upon this sub ap
r 10 me to be entirely from any ncerainy Ia my
ornon they only 90 not upheld OF lcgazc proper
~ in slaves within TIE limits OF the State but they render
Il impossible that such property should exit within
those limit except in the single instance Of fugtyes
from labor under the Constitution OF the United States
The Revised Statutes vol ], CSC, LIST El) reensctng
tie law Of 1877 provide thai "No person held slave
shslbe imported introduced brough, into this state on
y preiene whatever except in the cases hereinafter
spccihed Every such person shall be free Every per-
son held slave who nath been introduced brOu ght
into this State contrary 10 the laws IN force al the time
shall be free" g. -
The cases excepted by this section proTdd for in
the Elk succeeding sections The second section cxcrps
pgtves under the Con uruton the United Satc the
third fourth and fifth sections except certain sTce be-
aging TO mmigTsnt who may continue 10 De held a-a-
prentces the seventh section provide that families com
ing Src 10 re de temporarily my bring VIII ten a11
tGke away their slaves and the sixth section contains tue
following provision
"Any pcrson not being an inhab.t4ut Of th- State,
who fhal Re travelling 90 from pls-ing through
this STATE may bring with him any person h@'uy hell
BY him in slavery, and may take such person with him
from this State but the person held IN slavery shall
not reside Or continue IN this STATE more than mn;
months and i such rcsd nee be continued beyond Inst
time, such person sitll b. nee"
Sucn was anu had always been the low Of this Statc
down to To year 1871 The Legislature 0. that year
passed IN &c: amending lie vi,cd Statute, in the fol-
lowing words viz: The 81, Attn, jb, On 0ni TIN
lions 0: TIE :, Chapter 20, Of the 1t par OF the Re-
yised Statute arc hereby repealed
The 9th section Of the Revised Statutes, and hi alone
contoned IN exception which would have sayel the
suyes o. the rcfpOn lent from the operation Of the
1T section The Le5-turc, by repeating That section
end leaving The If IN full force have ~ regards the
rights Of these people and Of their master made them
absolutely free that not merely b. the legal eject
Of the repeating stue, hut 10y the clear AMI deliberate
intention Of the Legislature ]. Is Impossible 70 nake
this more clear than by the mere language ana evi
dent objects Of the two act.
II WA. however, insisted the argument that the
words imported, introduced or brought ntptht otip,
in the LIST Section OF the Revised Statutes, n,ant only
introduced brought" Tor thc purpose o; remaining
here so they did undoubtedly when tie I'vi7ci ott
tutes passed for express exception followed IN
The Cth section giving that meaning 70 lhe Isl anu
when be Icgislatrc aiterwarl repealed the 9Th Section
they entirely removed thai meaning leaving toe hrst sec
ton ,nd intending to leave It, 70 mean what MS own eX
Not thinking myself called upon TO treat dis case as
cesuist or lefislatCr have en- lcfvored simply % ds
charge my duty Judge in interpreting AMI applying
the laws as find them DID not the law seem to me SO
clear might EEL greater regret that have been Obliged
10 dispose 70 hastily Of case involving such important
consequence.
MY JUDGMENT THAT THE FIGHT coLoRrD PERSONS
MENTIONED THE WHIT BE DISCHARGED
Mr. 1t paugh then rose and stated thai he was aware
his honor could make any order in this case for re-
view he would submit, however, proposition to the
counsel on the other side and ask them to retain the
custody of the parties for half hour until such time
as they could get out order from the Supreme
Court lie referred TO its being hard clsc for the
claniants Mr.. Culver in reply, said the counsel had
no power hut for his part he would be very happy to
meet the gentleman on the question az the supreme
Court They will no doubt, remain IN New-f DIRK
Mr. jay remarked that the counsel had not the power,
nor would he consent to it il he had.
Mr. Culver said he thanked God to have heard such
sentiments as those that fell from the Judge. He said
sympathy had been expressed for the claimants, but
sympathy ought to be also felt for these two women
and the others who have worked all their lives and got
nothing for ii-and the husband of one of them was sold
Um her three years since and rhe has not seen
him since.
In regard the costs that have accrued Mr. C. said
be considered this proceeding TO have been in the ma
lowed The Judge said he not aware, exactly, as
TO the point ii it il matter Of discretion with him,
however he should not elbow cOsts II ia one OF those
cases ia which party experiences great hardship
and the other great g0od-and where costs should be
allowed.
Mr. Culver said il was not greater case OF hardship
to the claimants than to the others, VINO have been
working all their lives and have got single cent
Besides that, Mr.. Lemmons had been advised by the
Captain of the steamboat not TO bring the slaves to
New.York but to land them the James River and he
declined to do so.
The Court said that Mr. L. was more to be pitied on
that account from the feeling that he had been 80 eau
toned 1t is case no doubt OF great hardship on the
eide and of great good fortune the other and no
costs should be allowed
Mr.. Lepaugb previous to this had also suggested that
Mr. Lemons permittS 4, outside of the influence of
so with him and Mrs l..
Mr. Culver said the counsel would be perfectly happy
that he should do Sofia, they free people and he
could ask them anything he chose-he might do II IN
open Court il he pleased and has doubt their reply
would be- that they would rather remain in NewYork
than go to Texas. They separately asked, we
understand the first day. ifthey would not go with him.
and they replied that they would rather stay hercl
Mr.. Jay rose and remarked, that the law OF 1910
authorizes the DistrctAuorney TO certify as TO com
pensslion to counsel in such cascs-he, himself, has
taken advantage Of it, nor does he propose on
his own behalf, to do committee will pro-
baby be organized however among the colored people
rae fund for the OF those eight persons ana
lit them for freedom and ii the court saw nj; might
make the necessary order and the amount OF fee would
be added 10 the fund The Judge said he would take
the matter into confederation. No one would feel more
desirous than himself some m-ans provided Tor
their temporary maintenance. must confess, felt
much distress the Judge said in regard to the decision
tha, these persons may not be very happily situated
hereafter Some other little conversation occurred, and
the Court djouIned
The eight persons were placed in coaches 10y LOUIS
Napoleon who accompanied them, and soma other
friends driven amid grest CHI and