Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1852-12-31
40 WALL STEgET,
II W q Ii y z Z
New York, Dec. 18Th, 1852. )

New York, Dec. 18Th, 1852.
S. s. WILLIAMS, Esq, Alexandria Co, Va:
DEAN Sir IL have The honor 10 acknowledge your a'o
of the 27h utmo requesting me- for the reasons assignee
in your communication, furnish you with the rIecs
points upon which relied in the case oi MI Lem
mnns slaves recently argued by me- as ms couhs oeioI
Mr. Justice Paine Of the Superior Court OF THIS city
avail myself of the earliest moment OF leisure TO com
ply with your request
ina going from one sIvcholdng State 10 another slave
holding State Of the Unon had clear right 10 carry WIN
him his slave property and in doing So 10 pass hron2n h
hlbuc of savchollng Stale the route 10 his place
OF ultimate destination. That such right Is guaranteed
hm 5y the county of States where they entire
" independent each other that they bound TO cx
tend any other privileges than those which the laws vi
lions alone establish.
Secondly That The Constitution and laws of the United
States and protect the existence OF slave proper
IT, and its possession 10 the owner thereof and Ina
s cons qucnce neither Of The several States c"mposn!
the Union however equal they are IN sovereignty as ne
tween themselves prevent the citizen ot slaVehoa
inp Stat, from passing with such property in transit
through any Intermediate territory his way 10 any ONE
savehOltng State That the right OF ingress and egress
under such circumstances is not precar"us rs 10 De cA
ercised by The only at the sacrifice and utter loss
his property.
Thutv That the statute of New York, in relation tt
slaves imported introduced, or brought into the Saes no
apucable TO The case Of uf Virginia proceeding viii
his slave property rdnSitn through New ofh 10 the ole
If Texas la other words that the object of the statute
New Tok prohibit slaves being brought into Inc oat
by tn masters with the intention oi residing herelh ehe
for longer shorter perot and that Tor hls '"'s"n CHI
I'm Virginia carrying with him his slave properly III Td
u through the port of New York without any ntcntloa
residing or remaining in the State, does no. import lntio
cc or bring slaves into the Stale within the puview
lnl statute
ourlhv That II in the opinion of Judge Pa!nc the strlc
letter Of inc staiute seemed initiate against the r2h
claimed BY Nj Lemmon before him. II was his GUY never
th .ss give it such interpretation possible as
make il harmonic with the Constitution the uhltet
Sttes md the laws made in pursuance thereof or II ina
co not DONE then that he should not hesitate 10 pro
uouncc il unconstitutional and void as being in conic
,f ha
Having now given YOU the ints made on behalf OF MT
Lennon may allowed 10 say, since you have called my
attention 10 it, that in my opinion inc power o aai.e
regulate is own internal police, did not form an enquiry
ali material To any Of The issues raised before r justice
Pane Tnsre cxigency appearing rom any u ln
proceedings before him. demanding the exercise OF any po
re regulation in order guard the health or safety OF th
State The most advocate for the power OF po
lice rrra,ion without doing any violence 10 MS con
icti0ns that subject, support Inc claim VI pi Lco'
in all It's length and breadth.
BESIDES, il would seem be monsous doctrine that AM
Union can, under the pretencc oil exercising
what is termed power Of police eeulaon do an net vlr
lIy nulI,ing the principles and guarantees OF the Ma
tuna Constitution and thereby render OF no value mat sa
cred instrument formed for The purpose oil establishing
,ucre perfect union between ali the States
yn will nj once perceive from what has been ALREADY
said that do consider that any action o. me 'e'c fo
legislature necessary in order 10 secure nc rShf pas
sage Gnsu and ~ establish me cohy as eAsths oe
tween sovereign States, mentioned in your letter
Sucn leesialon in my view, would only nc occiara'ofy
m General comfy of nations long established and sure
yc need not be told that such comfy and more than suc
emily now exists between every Stale of Conederacy
nave always understood every American cillzen 10 pos
ess "a a biz ihrsht certain unquestonnbe right
cav for himself and his property throughout The entire ne
pubIc of which no Legislature can deprive hlm 81
long as he remains fuhfrl member OF society
10 abandon would he submission, TO maintain II only
Liberty.
The tnpoan; questions involved in the proceedings ha'
sufe Mr.. Justice Paine have Caused to be removed nl
nupeai from his decision into The Supreme Couri o' gu
state They viii, however, be ultimately carried oy -
parties ii,gan the Supreme Court OF the oni,ed States
81 ria, he issues presented may undergo the SOLEMN adJu
ii,alion of tie higtcs, tribunal u our Country.
Thanking you inr the kind manner in which you nav
been pleased mention my services rendered 10 f Lem
mon have the honor 10 be very truly your obedcni
vnn, HENRY d. LAPAUGH