The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1852-11-23

Of confiscn,ion, although the possession and
enjoyment Of that property are guaranteed by
the Constitution. Can we have been in error
can the whole South have been laboring un.
der Misrepresentation all this time-when we
and they supposed that the Constitution and
Laws of the Union guaranteed the right Of in
ternal commune alton between each and all OF
the States without let or hindrance Is one
State at liberty to levy an oetroi, at the en-
trance Of every highroad into its premises,
upon the property Of every State passing
throughit7 By this decision it surely may.
for the major includes the minor, and the right
to confscate includes the authority to tax. In
other words, this decision completely annuls
the Constitution Of the United States, estab'
fishing the principle that the State Of New
York may exercise higher jurisdiction over the
public highways than the United States itself
may close them when and against whom ii
p.eases-may annihIate the Constitution when
| it comes in the way of its laws.
| The case has already been carried to the Su-
preme Court of New York, and we learn from
the Journal of Commerce. that Mr.. Lennon
would gladly relinquish the slaves, upon the
payment of their full value, but for the fact
that such REIMBURSEMENT would stop all pro-
cesdings in the case. He is DESTROYS to have
the principle tested, i, heing pretty certain, in
| the meantime, that he will never be able to get
| hold of the slaves, let the decision be what it
may. There is every probability that the
sum will be nude up for him by the merchants
| of New York.
We subjon the card Of Mr.. Lemmon's coun.
sci. 1t is perfectly evident that Judge Paine
| decided the case according to the principles OF
| the higher Law" being influenced, neither
by presidents, of which there were several,
nor by the law of New York, which never con-
templated case like this.
SUPREME COURT OF THE STATE OF
NEW YORK.
The People ofthe State of Nep York eg. rel.
Of Louis Napoleon rs. Jonathan Lennon, a
Citizen Of Virginia.
Having observed, from the comments of n
portion Of the press, that considerable misap-
preheusOn exists in regard to the legal
grounds on which We sought to protect our
clients rights respecting his property, con-
sisting of eight slaves, we take this opportu.
ntv 10 correct mat misapprehensIOn. On the
| argument before Justice Paine, we opposed
the discharge of the slaves ON the ground LIST,
that by reason of the comfy existing between
the several States of The Union, the citizens of
a slave State have a right to take their slaves
| through free State, in transitu to another
slave State.
We cited several decisions, in which it was
| expressly adjudicated that this right exists
| Not an American authority was cited to the
| contrary, for The reason that none could be
| found. 2ndly, on the ground that the statute
| of New York, providing that the slaves shall
not be imported or introduced into the State,
has no application to this case. The statute.
when Interpreted by the ordinary rule Of con-
struction applicable to all statutes, we contend
| contained nothing more than a prohibition
against the introduction of slaves into the
State for the purpose of remaining or residing
here, either permanently or temporarily. We
| do not desire to speak disparagingly of the
eminent Judge by whom the slaves were dis
| charged. We ask, however, for the suspension
| of public opinion in regard to our legal propo.
sitions, until we can be heard before the SUI
preme Court on the appeals which we have
| taken from the decision of Judge Paine.
New YORK, Nov. 18th, 1852
HENRY ID. LAPAUGH,
HENRY l.. CLINTON