The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-11-10
IMPORTANT SLAVE CASE.
Eight Colored Persons, Alleged to be Free
Born, Sold to Siavery-Exciting Scene, &c.
SUPERIOR CoURT-IN CHAMBERS.
Before Hon. judge psine

Before Hon. Judge Psine.
Nov. 9-Lcng previous to four O'Clock this after
noon the hour appointed for hearing the arguments of
counsel in reference to this important ths sarcases
and lobby of the City Hall crowded to by
persons both white and coored anxious TO obtain admis
sion the Superior Court At few miou:es before
o'clock the doors of the court opened rhe
instantly filed Outside the gates Of the City Hail.
which locked mmense crowd Of coloed persons
collected manfesting the utmost mpatcnce TO learn
the result Of the trial. Mr.. and Mrs Lennon the
claimants present together with the alleged
Judge Paine having taken his seat Mr. Lcpaugh, the
counsel for the claimants proceeded read the amended
return as follows
New York Superior Copt--7ne People Of The State Of
NeW York rel Louis Napoleon, jonathan Lennon,
Respondent-Jonathan Lennon respondent above named
for return to the writ of haJcas corpus issued herein
states and shows that the eight named in said
writ OF haeas corpus are the property and slaves OF Juliet
LENNON the wife OF this respondent Tor whom they are
Juliet Lennon has been the owner Of such persons as
her slaves for several last past she being resident
and citizen of tie State Of Vgius siavehedipg State;
that under and by virtue Of the tuition and the
laws of the State Of Virginia, the aforesaid eight persons,
for several years last past have been and held
bound to service or labor "a slaves such service or labor
being due by them such slaves to the said juliet
der and by virtue Of the constitution and laws
persons, property, is now in transu, transit,
from the State Of Virginia aforesaid to the State
Of Texes, the ultimate place of destination ani
other slayeholoipg State of the United States Of
America and that she on her way in
trantit and otherwise at the time afore-
said eight persons slaves taken fiom her
tody and possession, the sixth day of November in
slant and brought before the said Superior Court of the
city Of New York of the Justices thereof under
the writ Of hd6eGs corpus Issued heretn that by the
constuon and the laws of the State of Texas atore
said the said Juliet Is and would sc entitled the e
labor Of the said slave or per Sous, the wan
they guarantee ami secured to her oy the
constitution ana iaW OF the state of Virginia Ifor said
that said Juliet lever had any bringing the
said slaves o. persons into the State Of New York
man oi eside therein and that she dd pos being them
INTO sSld State in ~"nner or purnoee whspyer
ssP' in saaau, or transit iiom the state Of yussaa
! sand, through the port Oh harbor of New York on
ooard Of steamship for their place of destination,
the state Of Texas aforesaid; that the said juliet
| as such owner OF the Aforesaid slaves or per-
sons was, at the time thay were taken
from her as aforesaid the writ habeas CO. pus and
she was thereby deprived OF the possession of them
ing with them through the eaid harDor OF New York,
where she was compelled by necessity or land
without on her part remaining intending to remain
longer than necessary That the said slsye oee
bought up by negro trader spccuatcr and that the
Napoleon above named is entirely untrue That said
Juliet not and never was negro trader is
this respondent enc That the said persons or slaves
were inherited by said Juliet Lemmoa heir at law,
descent devise of Wilem Douglas late Of BAH
ty in the State of Virginia aforesaid That 1t is not and
never was the intention II the said juliet u sell the said
slaves alleged in the petition of the restor sell
them in any This respondent further answering
dnes that the aforesaid eight persons ree but
contrary, shows that they slaves aforesaid to
whom and to whose custody and possession toe said juliet
me
sailing the port of Norfolk ia the said State OF vm
gina board the said steam hip Richmond City
touched landed or came into the habor or state OF New
York except for the purpose II and transit
from the state Of Virginia aforesaid 10 the state OF Texas
aforesaid and for other purpose intention object or
That the said Juliet with her aforesaid slaves was CON-
peled BY necessity or accident to take passage the
steamship City Il Richmond, before named ffeui the
aforesaid port Of Norfolk State of Virgins the
State Of Texas Aforesaid, the ultimate place of desna
ton That the said slaves are not conped or
nf re- liant
or tbs said Juliet or by any one on her behalf
HENRY y. LapAUGH,
Attorney for respondent, Jonathan Lennon
Subscribed and sworn before me this 9th day Of Nov
tmber, ls52-E. PAINE.
AT this juncture discussion took pace in refer
to the return and to which side should have the
right Of opening the and the reply Hr Culver
claiming, his client the party demurrng that he
wDhtitled to both After discussion it
ranged that only counsel should be heard either
de and that Mr. Culver should first ate his arguments
behalf of the alleged slaves
Mr. Culver then addressed the Court foliows:--It
the Cout please, motion which is the foundation for
this writ Of hatedS corpus states certain facts and cup
pose these facts 70 be taken IS true unless the other
si6e them in their return 70 the writ of hgber
ccJTas. Cur petition forth that these perons
brought into this city on board u tue City OF hich-
monc that they were taken from thence ater thsee
proceedings were commenced carried round the city
aud finally lodged Al No Carlisle street wnere thsy
found. Ihet they were the1e detained IN custody
by this defendant Lennon and his agent thit return
does not deny; nor does u deny tnat tnry were
brought in that vessel TO this sity but admits u. It
does not say anything about where they were found
but ADMITS they we're found IN the city OF New York
in this place. and fprber alleges tnat these persons
are the property Of Mira Lennon IL admits further
that they brought here for The purpose OF being
taken to another place, in other words thsi they
in tronSu to Texas and that slavery l. allowed
by the lass q Virginia and Texss Witch We knew be
fore In tie first place Ne ask the discharge OF these
persons upon four independent grounds Firstly that
by the great presumption Of the common las they are
entitled to their freedom TIE provisions Of the com
| lava i'm faVOr pf
it edom Of every ndyidual ana unless you cao over
that presumption by some positive local statute
il muse prevail and give to eveiy man hts freedom
The second ground is that by the a1iudcstions male
from time time only in fee but 10 tlave States,
sgnn sgain that by bringing there persons wthn or
TO- locality where slavery is not ia existence and has
no legal evidence they made Tree II should be
wrong in both these positions which are ba'ed upon the
common law, then maintain that am right under the
statute CT the State Of New York and that believe Is
pretty good law in this country BY this statute 1t will
be found in sections and l6 which reses 70 the mpor
taon persons held slaves that the Legislature has
SAID many years since tha hereafter every person born
in this state be free and that every hereto
fore born In this State free and then goes on and de-
caIe that every person imported into this state under
any preence whatever except as provided for in that
statute 10 by that act made free IL viii deyolge upon
the other side 10 show that they come within the excep
tlons In looking through this statute lind hat there
were some exceptions ade II about that that the
legislature bad its eye upon Saratoga Springs for thay
poyd, that persons coming here bringing slaves
ccud retain them for perioa of nine months and then
take them baok. Sections 3, ana were the only
ones ia which these reservations We're made which
seemed TO limit the general rule which the legisla-
ture has laid down in the first section OF that sta
tute But in ls4l got rid OF the last dregs and
denominations Of slavery the Legislature in both houses
by large majority, swept away the fourth and hh
tons fiom statute book and no longer made II allow
able for TO TO Saratoga springs. or TO the
city Of New York, and sojourn wi d HE slaves rhs
therefore leaves cleaner sweep for the general proyI
sion Therefore Of those exceptions ic ia that whore
person secietes himself board vessel iu port in
slave State and OF to free State the Ieg0lsture
has provided that Of the officers OF ast ship might
take him back again but jealous Ia the law in this
state with regard to personal rights that they will not
allow the captain TO take him back This l. teooft '
tae Legal OJsarer, in case tried before Judge Ed
monds That is the third ground upon which we move
the discharge Of these by the positive provisions
Of the State Of New York unless The counsel the oppo
site eide convince the Court that the question
up upon Of the exceptions left The fourth ground
upon which claim 10 have these persons discharged lie
by the act Of the defnd and bis wife They have ad
here in ronsiu with the intention Of taking them