Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1852-11-30
TO BE CONTINUED
From the Lancaster Gazette.
Case---ImpOrtant De-
CiSiOIl. IS n.

A few days since. Judge Payne, OF New
York, in Chambers, delivered an important
decision in a case brought before him for
the discharge of cerlain slaves. Il appears,
in brief, lha. Mr.. and Mrs. Lemon, taking
with them eight slaves, two lads aged II
and l2, twin boys aged Z, two hlanls and
two women, were compelled 10 STOP, in tran.
sitn, from Virginia TO Texas, and The righi
TO hold Them was brought before the Court
on writ Of habeas corpus. The owners
claimed that they did not come inio the
STATE for the purpose of making !. their res
idence, bu, from necessity, and that they
were entitled 10 the possession Of their
properly. The Court decided adversely.
Judge Payne held that no properly could
be held in persons except by local laws, and
that The laws Of nations allowing of free
passage with properly could not under the
law Of nature, include slaves. Several of
The leading cdses had been cited. but the
Cout did not consider this case as coming
within tho decisions made previously ln
The Indiana case the slaves were discharged
because their owners were taking them TO q
free State; in the Massachusetts case the
slave was discharged because voluntarily
brought inlo a free Slass; and dinxhe Illinois
case, the decision turned upon the inIraclIon
Of clause Of the criminal code, the person
indicted having secreted woman owing ser.
vice TO citizen Of Louisiana. rs7
Prior ,o 184l, law was in existence in
the State of New York. allowing persons 10
pass through the State with their slaves; but
this had been repealed, and the Court fel. IL
self bound TO consider this case under the
law of nations and the general principles Of
The common law. Blu, these do no, permi,
the right Of properly in man, and person
cannot pass through State with man as
properly. although he may with inanimaie
things, unless permitted by local law. In
regard 10 the United States Constitution rela-
live 10 fugitive slaves and the righ, 10 regu-
late commerce among The States, The Court
held that the former had no reference what.
ever excep, TO fugiliyes from labor, and so
lar as the latter was concerned, il had long
been conceded that each Stale had right
TO pass laws necessary 10 the preservation
Of The health, order and welIbeing Of socie-
ty, or what are usually called sanalive and
police regulations, and il considered the
laws regulating or abolishihg slavery as
coming under this head. That clause was
also cited, giving 10 the citizens of each
Stale all the privileges and lmmunilies Oft
citizens Of the several States; but this was
held only TO mean tha. CITIZEN who was
absent from his own State and in some 9th.
ca Stale, was entitled while there 10 the priv.
ileges Of the citizens Of the latter State. Il
would be absurd TO say that while in the sis.
ter Slaie he is entitled TO all the privileges
secured 10 citizens by the laws OF all The
several States, or even Of his own Slate; for
tina. would be 10 confound al territorial lin
It's, and give to the States not only an entire
continuity, but a perlect confusion Of
laws. tg. asl eadlog3 M 8
This Court having at length disposed Of
the argument Of the respondents, fell back
upon The common law and The law Of ma.
lions. and held that under these the slaves
shouldsbe discharged The law of New
York, in the absence Of any positive enact.
mehls, did not permit the right Of .propa
eriy in man, cxcep, in The single case Of fu.
giIve. from labor. and therefore persons
could not pass through that Slase, who had
with them any such property. The argu-
ment Of the Court is lengthy and elaborate,
embracing several extracts from Vauel, Puf.
lendon, ane oihsrs, and we have endeavor.
ed 10 give general outline, in order that
our readers may understand the decision.-
1t is certainly highly important case and
may have important consequences following
il. Should The Court moi be reversed ii will
be necessary for each STATE TO pass laws al
lowing of the holding Of slaves in transitu,
with their properly in man, or commerce
among the several Suites, North and South,
would 10 greul extent be discounIenanced
TIE ELECTION IN GEoRGIA.-The Mil.
ledgeville Recorder briefly sums up the
result Of The Presidential election in eighty.
Two counties OF Georgia, from which official
refurna hava haan recaived In ,ho -corntiae