New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-11-15


Jacob F. Oakley Ri. 7. Compton, Prest
Committee on the part Of the Board OF Il te'mcn
i TSo.. i w ReH' Ei$ia B5a:on,
Helnnus " Wells, Joseph Rogers
Jnsies w Brown. jonathan rrotter Prest
COMMITTEE part Of the Board OF Assf. A.SF! Nm a.
Several of the Fire Companies having ssdlei taeir
wish 10 parade since the programme was nisae ny
new Division will be formed for ths' purpose which VII
spear il The programme on Tuesday ,..
B-Should il storm on Tuesday. the ceremonies
viii take place on Thursday following c;..
Three figs will be displayed AZ half naft on inc Cy
Hal on tho dsv O, the ceremonies, snd IL case OF posi-
ponement on either day Designated no lsss VIII DE-
hoisted.
TurS,vrsF REE-IMPoRrANr DEcIsioN.-
A LARGE number of cologed persons, from an carry
hour assembled Saturday forenoon IN ana aEounu ''
CITY Hall The Judge took his seat IN one OIL -. n'''
Court rooms between IL and IL ociocN' "Hsh =
many persons a. the room would hold were ""oi''N
snd large NUMBER of course h@d 20 re'na'u ~ ''''
corridors without being Oble' 70 ootAh "u.l1'
Previous 10 thr entry OF the Judge Mr. ana III IN
mon the claimants, Mr. Lepaush, th'Ir counsel a''
runber of other psrsons had been admitted TO the
Courtroom. The eight persons (''Ve-l "e''
=, Inv NJ Thomrsou the officer h,vn thcm IN Charge
accompanied BY Louis Napoleon, Cie coioI'd "'""
who presented the petition which Ae hao'a' cor
ID
the counsel and number OF others. Mr.. joan Jay
the other counsel on their behalf came inS lew in'
utes sfter the Judge commenced reading hi' opnlon
Tie decpc.t attention was paid while INC Jui-e :
pronourcin- his dcci iou and az points src a. that nc
law ,svs persons are not goods, much iceha, was
evinced and many Of the colorcd people c'i-oHcd
tears On the announcement OF the decision, th't the
por.ons NUT be- discharged much applause W. ex
bb.ted (Which the officers suppresscd ind te cheers
were loudly roechoci outside We civ tn decision
rs follows:
PAINE. This case comes before me upon
writ of habeas corpus, issued 10 the respola-
ent. recurring him 10 have the bodies OF elght
coored persons, lately taken from the steamer
CITY of Richmond, and now confined in a house
in this City. before me, together with The cause
of their imprisonment and detention
ThercspOndCnt has returned 90 this writ, that
said eight colOrcd persons are the property OF
his wife, Juliet Lennon, who has been heir
owner for several years past she being resi- lent Oh NH
sa a slavchoding state. and that 10y the Cons tntion
and laws OF thar state they have barn and stu are,
bound g. her service .avos that she j. now wan her
said slaves pr, perry, "a 'r0aSf" rom virginia =
Texas another saycholjng : are AMI BY me CJnstt,
ton and laws 4 hch she would be- caltl.d q sand
slayes and te service that she never hai any aten
ZION Of bringing and Jill nor bring 'h'm mo ihl- Ttbeto
remsin reside hut WAS pq~sng through 'l' n'f''r OF
she Wa cCmpfuCd by necessity % touch or Ian vi Il
out intending 90 remain longer than we n'cs-'ry AMI
she insi,t thar ssii pesor are Not rec nt ere slaves
goIcslid and that she l. entitled - their possession
and custody
To It's return the reator ha' PM in general lie
murer
Iceriluiy sulp,s cd, when this first present
"a 70 mc that a. here could be dispu abOHt the
facts th re- would be no delay or difficulty IN disp1sing
Cfn Put upon the argument, the council tor the reg
pCu3en- ced several cases which sat hc M that tls
git mot no tfll 40 Ian gar
cNamn d.
TIE principle which tho-c eases toni moro or le's
fCrcby q sustain H. tina; an owner OF syes l. mere
Is passing i!om home with tem through Tree - dc,
into another slave state without any intention ct ro-
maiInc the slaves. while in -rch free Slc, "A not be
allowed TO scrt Their freedom A that 4 prccis,y
the stat Of fcs constituting thi- case becomes mecca
safy inquire whether the doctrine OF nose can
be maintained upon general principle md sh harthe
law OF this State does not differ from "a, laws OF those
States whore the decisions were made.
shsl Ist consider whether thcse cas"s en- be
tanned upOn general prncplea
The f,t OF tie kind which occurred that os
Npairs SGr,S which decided in Inlirna, IN i7'l,
by Judge MOrTi-, and viii be found reported n Am.
Juist 404 The 10 the habces corpus stated lat
Sevell refidrd in Virginia, and owned and he'd he
slaves under the laws of thnt State thlt Ws emf.
grazing with them 10 Mis- ouri and on h way was pa's
in through ncana when he was served With IA. habeas
coIIus.
IT, howeycr eppcsrd on the hearing That wall Yves
MOI going Missouri 20 reside, but 70 lin3-', State
whose law do not allow of slavery. Tao ul,o for
thi- discharged the slsvcs Tn- case therefore, ia
not in point AMI would be entirely Irrelevant 10 the
pee IT. X not for PORTION OF TIC Judge opinion,
which net called for by the case before him. but gp
Plies dire, lily 10 the now before me
by TIE law he says, oinaturc AMI OF nations, atel
100 and the necessary and legal cOnselUnnces result
ing from the civil and poiti IL rClatOni subug b.
tween th' citizens well us the Sst-s ofh- FeiIsye
Republic have no doubt butt citizen o. slave SAKE
Lal light e. pcs- upon IN incss pleasure hrOU n
0: the sia,es attended, by his slave. nit and
vlle De- airs mo character and rights of e citizen IT
Slave state hls night o retain b. slaves would be m.
questioned IN escape from the attendance uDJn the
peTson OF hi msstcT, while ON Journey tlrId,n Free
STATE, sECuld be considered eu escape rom tn state
whore the ter had night OF clifton nip and ~ the
laws O. which the service o. n. slave vas due. The
eni ami from one State to another nst be- considered
pro. Ivey the citizen resident OF the SAFE %
which he removing and should be projected IN the
enjoyment oi those rights he acquired IN Oh" State from
which he engiRted and which recognized aud pro-
tected by the lave the State which ne going But
n is night conceive cannot DO derived from any proV
zion Of po,iiNc law
The next case relied upon + Willard VI. The Peop.
a Scsmmons Rep l0l) and wA.ch was decided IN the
state of Illinois IN >l3. IL was an ia ctmeut for
creng woman O color Owin2 service % q resident Ot
Lousons. Tie Indictment under the oh lection
o. the Criminal Code, which provides that u any per
shall harbor or seCrCe any neylO nalattO per-
Of color the same being q slave -eryant owing
service or labor to any other persons whether thy re
side in iEs sat any other State, T. rritoy
District, whin the limits and under the jurisdiction of
the United state. shall in any wise hinder prevent
the lawful owner owners OF such slaves servant
fro III retakDg item in a lawful manner every such per
Offending shsll be deemed guilty of ~ 81 mean
or, and fined not exceeding i've hundred dollars i'm
prlsoncd not exceeding tx months"
IL appeared that the woman Of cCOr Wa slave
owned by re-dent Of LOui-isns end that, while
passing with her mistress from Kentucky 10 Lou siane
through tie state Of Illinois. size made her escape ia the
latter State, and was secrcted By the defendant.
There several questions rnse, in the which
II Is unnecessary now 10 notice. The indictment which
denUrred 70, sustained BY the -urt The min
objection 70 thst the section 81 Nj cole under
which found violation Of he sixrh article of
the Constitution OF tie state Of linoi, VIII de-
Tat Mother slavery EOr involuntary scgi. H. shall
hereafter be Introduced into this State otherwise than
IN the pun nment OF crimes whereof the party shall
have been duly convicted"
The Count in an-Wcrng ti. objection say: TIE only
queftcn therefore s the right Of transit IN slave; or
Il tie slave upon entering our territory o'cough Tor
transit ~ another State becOn ..ce Ter the