The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-11-10

exercise OF the rights Of client under the
OF the United States and under the constitution and
laws Of the state Of Virginia constitutional But shall
discuss first the object OF the law OF New York in order
TO show that 10 may sand and yet be deemed Gcon-
sistent with the rights for which contend here Mr.
Justice Kent lays down rule that in the ccnstruc
ton OF statute We should first ascertain what the
common law before Its passage that designed to be
medied by the statute Bearing that In in
view conceive that the effect Of this statute was
intended to be anything more than this that slavery.
which did not exist by the common law should not exist
after the passage of that law State Of New York
Let us gee what rights belong to Mrs LENNON and how
far by the law OF nations party owning proport
state has right to It's possession in another State on
this subject will take the liberty of citing vattc the
law OF nations Here the counsel cited from the second
book Of Nattel page 225 section 81 wing that the
goods Of individuals ought to be considered
goods Of the nation In regard other States Accord
ing this authority continued the counsel the property
Of citizen of Virginia passing through the State Of New
York is TO be regarded as the property Of the former
State and the State Of New York is bound in fidelity
the constitution of the United States aud the laws Of
Virginia to give that property to these persons The sta
tute OF this State contemplated that when slaves to
be made free by being Introduced into this State they
nutt be brought with the design of keeping them
the Enactment Of that statute that persons pasinv
through this State with slaves shsll, by the
act OF ant thereby forfeit and lose his right his pro-
psfty In the same book ection 1o9 find that he lays
the doctrine that the property OF individual does
not cease 10 belong to him account of his being in
foreign country and that still constitutes part Of the
aggregate wealth Of his nation; that If to
take the broad ground that Virginia and New York
to be as distant foreign States yet by the law
OF Istons have proved that the individual who
into this stat, with property is entitled to It, New York
having respect or the laws of Virginia And to the
ELECT also do find that the subject Of one state
happens 70 from that State to which he belongs into
her, with the intention Of remaining theren that
State must BE- reRa ded In the respect the State
from whence he II this is not the rule marked out
by the authority from whom have quoted cannot
undes the design OF The constitution where 1t says
tho citizens OF each State shall be entitled to all the pri
yieges and immunities Of citizens in the several
States = The intention Of this clause was to con-
INN on tsm, az 1t were, general citizenship and TO
STATE would be entitled to under like circumstances IL
your Honor peases understand four distinct points TO
he made 1y the counsel for the slaves, on "a nst OF
which ne claims their discharge and contends that they
arc nee BY thee ommon law Now he authorities cited
been quoted for the purpoe OF showing that wnac
who into it in this free Is entirely in
correct and without foundation. On this point, csl
your att non to recently tried in Pennsylvania
in the Circuit Court Of the United before Justices
Giier and King 1t was action wrought by South
eirer against person named Kaufman for the harbor
ing Of certain slaves On the trial the point was taken
hat the slaves brought voluntarily into the State
'~owners, and therefore that they were free but
by 'so better than give it in the clear and forcbe
iapsuaSe q Justice srler hlmseii mas been con-
i,ame nee by the act OF the plantl IN voiInatily ny
biasto tb N into the State of Pennsyvania; but the
question dep nts upon tne law o. NJ M anu fram
court cannot g p,nih1 WV i " ~
"Ihnnu Jusse p Paine ..S ge, they escaping?
knew Mr d s law e. sGs o. Maryland
which treats slave a. ber led who has beeh conducted
by his master into free stat ~ sIe s
ductire there persons aorr the ns. nal hh roii We
had other object in view than to D. W ~ ha ~ ~
We were compelled. on our way thther, s,ayas ~ ~
Norfolk, Virginia, and never brought tho 80; -
the bsrbor of New York with any intention of !,
them in this State. We say that The PA snf ',
slaves this 1T Of the rational highway ns ha
should rot be, regarded act of liberation. We
have 10 Justice Gier to get the facts in this
to have them more fully stated.
al Rgad At he pay he nat
high r0ad.
Mr. Lepsrgh-on this subject be says Lord Mansfield
bad snid many pretty thnge, the counsel for the
(ar ocyer) has said here the Of somerse
which often quoted the principles Of the common
law but they will be found TO be embelished with
rhetorical ours rather than with legal dogmas Now
il ust alton Of that princple and in order show the
variety of sTgumt advanced TO that the intention
al the statute IL that every man brought into this State
shsu Tree allude another case Your honor
IL that we have fugitive slave law and you
also That in 1898 there act passed in rea
to fugiiives from labor Now supposng slave
capped fIcm his master into Ohio from Virginia and after
ne bad delivered to him under the law of 1893 that
mater by necessity compelled to take him through
the State of New York the learned counsel contends he
would be M because he brought to New York
point is the only that Is tenable We say that the
importation OF n slave into tine State the to
which he act refers and not the transient passage
through it, IL this is the right Interpretation then the
south could never secure her rights II free state
allowed to declare that the very moment slave
brought into it, under any pretence whatever he
should be Tree And taking that view Of the per-
the constitution OF United states and the
Of New York and Virginia harmonize and sustain each
other 1t is only under this relation OF the states 10
each other that Mr. Lennon be entitled to all the
privileges and inmunities OF citizen OF the United
states Now what sort Of argument have the council
presented In reference 10 the position the state Of
New York and Pennsy lyania occupy to each other
We have given expression TO n doctrine which If prac
ideally carried in less than ten years would destroy
the Union which binds together rais question
ID that the South has taken deep interest in aud
1t has came TO the knowledge Of SONS Of the
people of that section, who determined TO have
decision in the highest courts OF the Un-
ted States this matter, so tlat It shall be finally
settled whether they shall be entitled carry their pro-
yerty in the and under the protection
that be extended TO any gentleman in this court
who might be travelling through the State Of Virginia
The counsel proceeded at still greater length to argue
the legality Of the claimants right TO hs property and
eoBcuced by speaking Of the great interests and ques
tions Of importance that were invoked in this
The Court next addressed by Mr.. Clinton also
t.half of the claimant lie spoke Substantially fol-
lows May 1t please the Court rising TO address you
in this case know that the few observations shall
make viii both please and dsplease the audience. AN
heie however not 70 consult The feelings OF but
TO dhcbarge my duty to my client. l shall present
those views Of law and justice which founded
upon sound common eense, which have their origin
in the common law. and their final resting place In fhs
constitution Of the United States. quite that
any Of this kind always excies sympathy there
s music IN the word freedom, that had the
reports of the case appeared in the papers than the feel
ngs Of the community became aroused and the greatest
interett manifested in the proceedings But that Is
sympathy which looks to the condition Of cassthe
sympathy feel Is confined to class OF persons
but co extensive with the whole Union 1t Is well that
the rights OF these pocr and humble and If you please
unfortunate Individuals should be protected here They
will suffer before this tribunal they defended By
whose championship has been often given in Of
this description before and trust the DAY far dis.a.
whtn the desire for popular applause viii invade ~
Ile ofjusce. IL is important that the rgbt, Of thes
palties thould be protected and when tl,. ,ima $3.50
thst the temple Of justice can be invaded by popular m
plause y wiz be quite time to teaf down ONT CON- -
am satisfied that in this case no cons.61- rooms.
based upon the laws Of the = aa, .anons out those
hrisf | shsl ~ In order to be more
nj.el etent but two three points In the first
ray that the respondent had right to take his
slaves rom the State Of Virginia to Texas another slave
holding state by virtue OF the comfy existing between
the states The counsel has sad that the common la
prpcpe that the legal presumption favor Of liberty
VIII not be disputtd but he has not cited through
cut ms whole speech which in any way initiates
the views that i will submit lie quoted case from
Wheeler on slavery which is TO be found In 18th Picker
ing ebuteo the commonwealth agsinst Ayres That
was Gaze where southerner came into the State OF
Massachusetts, bringing with him his slaves for the pur.
pose o remaining considerable length Of time there
int hats