The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1852-11-16
THE SLAVE CASE IN NEW YORK.

THE SLAVE CASE IN NEW YORK.
Our readers are already aware that 'uoge
Paine, Of the Superior Court OF inc cry VI
New York. has decided that The eish' si"'e''
belonging to the wife of Jonathan Le'h'po"' VI
This State. are free under the laws oil the state.
Lennon was on his way to Texas with THESE
slaves, with the intention Of settling there, ana
took them on board the steamer City oil kicn'
mond, for the purpose of transportation. nat
vessel, touching al New York, writ OF hdoeds
corpus was taken out, and the decision was as
we have said. The Judge cited number OF
cases TO prove that they were free under the
law, which we have not the space, nor do we
think it necessary, to republish. The result
is, that Lennon has been plundered to the full
amount of the money which the slaves would
bring in market, and the costs of the prosecu-
ton. We, however, insert the following ex-
traordinary train OF reasoning, for the especial
edifca,ion Of those who have hitherto believed
tina, they held their slaves by a tenure derived
from the Constitution of the United States.
When we are considering master and slave
in Free State, where slavery is not upheld
ciuIes of the law Of nature, and see how they
are respectively 10 be dealt with accord
ing to that law for it will be remembered that
the master can now claim nothing excep, by
virtue of the law of nature. He claims under
that law right to pass though the county
That is awarded to him. But he claims in I'D
dtion to take his slave with him but upon
what ground that the slave is his property
By the same law, however, under when he
mself q la inns thai cannot be Tor the law OF
nature saws that there can be no property IN
slave.
We must look still further to see what is to
be done with the claims of the slave. There
being now no law but the law OF nature, the
slave must have all his rights under that, as
we'll as the master; and ii is just as much the
slaves RICH, under that to be free as it is the
masters to pass through the country. 1t is
very clear, therefore, that the slave has rIght
10 his freedom and that the master cannot
have right 10 take him with him.
The Constitution of the United States ex-
pressly says that "the citizens of eaca State
shall be entitled to all the privileges and i'm
munties of citizens of the several States.'-
Yet, in defiance ofthis plain and positive pro-
vision, the property Of a man, living in one
State, is annulled in another and he is voted
10 have no privileges and immunltles IN the
last mentioned State. Surely, what by the
Constitution of the United States is property in
Virginia, may, under this clause, be carried
through New York. Otherwise that provision
is Of no earthly value.
What has the law Of nature to do with this
matter7 By the law Of nature, the earth is
common to all the inhabitants thereof, and if it
be proposed to apply it in one instance, why
not in ALI 1t was precisely because the law
Of nature would not suit an artificial state of
society, that municipal law was introduced,
and wherever it comes in it takes the place of
the former law. By the law of nature, all men
are equal. But the laws of many of the States
recognise slavery, and the Constitution OF the
United States acknowledges property in them.
But State undertakes to set the Constitution
at defiance, and the Judge who pronounces the
decree under its laws, resorts to the law OF ma
ture TO sustain him.
1t is time that the Southern people should
exactly understand their rights in this particu
lar. There can be no more reason or justice
in depriving Lennon Of his slaves, than there
would be in depriving Judge Paine of his RI
disg horse, should he happe:: to ride to this
State.