The weekly Lancaster gazette. (Lancaster, Ohio) 1852-1855, 1852-11-25

satduray Evening, nov. 30. 1853
-IxrsREsrrns cAsE-InpOrtant Decision
A few days since, fudge Payne, Of New
York. in Chambees, delivered an important
decision in a case brought before him for the
discharge of certain slaves. II appears, in
brief, that a Mr.. and Mrs, Lemon, taking with
them eight slaves, two lads aged IL ano u,
twin boys aged 7, twofinfants aud two NO.
men, were compelled TO Stop, in t~rdnsitu,
from Virginia tOTexas, aud the right to
hold them was brought before the Court
on a writ Of habeas corpus. The owners
claimed that they dill not come into the State
for the purpose Of making it their residence,
but from necessity, and that they were en-
titled to the possession of their property.
The Court decided adversely.
Judge Payne held that no property could
be held in persons except by local laws and
that the law of nations allowing of a free
passage with property could not under the
law of nature, include slaves. Several of
the leading cases had been cited, but the
Court did not consider this case as coming
within the decisions made previously. In
the Indiana case, the slaves werr discharged
because their owners were taking them to a
free State; in the Massachusetts case the
slave was discharged because voluntarily
brought into a free State; and in the Illinois
case, the decision turned upon the infraction
of a clause Of the criminal code, the person
indicted having secreted a woman owing SER
vice to a citizen of Louisiana, 4
Prior to l84l, a law was in existence in
the State Of New York, allowing persons to
pass through the State with their slaves;
but this had been repealed and the Court
felt itself bound to consider this case under
the law of nations and the general princi-
Piles of the common law. But these do not
permit the right of property in man, and a
person cannot pass through a State with
man as''property, although he may with in
animate things, unless permitted by local
law, In regard to the provisions Of the u
nited States Constitution relative to fugitive
slaves and the right to regulate commerce
among the States, the Court held that the
former had no reference whatever except to
f~ugitives from labor, and 80 far as the latter
was concerned, it had long been conceded
that each State had n right to pass laws ne
cessary to the preservation ofthehealth, ordei
and well-being of society," r what are usual
ly called ~sanative and police regulations, an,
it considered the laws regulating or abolish
ing slavery as coming under this head. Tha
clause was also cited, giving TO the citizens
of each State all the privileges and immuni'
ties of the citizens ofthe several States; bul
this was held only to mean that a citizen
who was absent from his own State and In
some other State, was entitled while there
s % the privileges Of the citizens ofthe latte
State. 1t would be absurd to say that Will,
in the sister State he is entitled to all thu
privileges secured to citizens by the laws o
all the several States OF even of his owl
State; for that would be to confound all ter
r%itorial limits, and give to the States not onl,
al. entire community but perfect c%onfusioi
of laws. 7 Boo e'
The Court having at length disposed {
tho argument Of the respondents, feIl bac
upon the common law and the law Of nation
and held that under these the slaves shout
be discharged. The law of New York Il
the absence Of any positive enactment, di
not permit the right Of property in man,ex
cept in the single case Of fugitiscs from ia
Dor, and therefore persons could not pas
through that State, who had with them an.
such property. The argument of the Cour
islengthy and elaborate embracing severe
extracts from VatteL Puhendorf and Others
and we have ondeavored to give a genera
outline in order that our readers may under
stand the decision. It. is certainly a highl
important case and may have important cor
sequences following it. Should the Cou'
not be reversed 1, will be necessary for eac
State to pass laws allowing Of the holding
slaves by persons, in t~ronsifu, with the
property In man, or commerce among tn
several States, North and South, would to
great extent be discontinued.