The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-11-17

sty Where the right of transit does not spring from
the pis major the writers agree that may be law
fully refused. (lb.) -
country and so far know has not heretofore been
disputed that State may rightly pass laws il il chooses
to DO so. forbddng the entrance or bringing OF slaves
into lis territory This is held even by each OF the
three cases upon which the respondents counsel relies
Commonwealth against Ayres. IL Pick H., 22l. VII,
lard as't the People Scammons Rep, All. Case OF
SewalPs Slaves, 3 Am Jurist, 404) &#
The laws of the Stale OF New York upon this subject
appear 10 me 10 be entirely free from any uncertainty
In my opinion they not only do moi uphold or legaze
property slaves within The limits oil the State but they
render impossible that such property should exist within
those limits, except in the single instance ei tugihves
from labor under the constitution OF the United States
The Revised Statutes, (vo $50, LIST Ed -enacng
the law of 1927 provide that no person held slave
shall be imported introduced or brought into this State
any petence whatever except IN the cases hereinafter
specified Every such person shall be fTee Every per
son held as slave who hath been introduced brought
into this State contrary 10 the laws IN force at The time
shall be free" Is. ~
The cases excepted by this section provided for in
the six succeeding sections The second section excerpts
ugtves under the constitution OF the United States the
third fourth and fifth sections except certain slaves be-
longing 10 Immigrants, who may continue 10 De hed as
apprentices the seventh section provides that families
coming here to reside temporarily may bring with them
and take away their slaves; and the sixth section con.
ains the following provisions;
Any person. not being an nhabltant OF this State, who
shall be travelling 20 or FROM or passing through this
State, may bring with him any person lawfully held by
him IN slavery and may take SUCH person WIN MN nom
side or continue this State than nine months and
it such residence be continued beyond that tme such per
shall be free"
Such was and had always BEEN the law OF this State
down to the year lS4l. The legislature OF that year
passed act amending the Revised Statutes, in The o
lowing words, viz "rhe 3d. 4th, 5lh, 9Th and 7th sec
tons Of title chapter 90 of the LIST part OF the Revised
Statutes hereby repealed"
The 9th section OF the Revised Statutes alone, and that
alone contained an exception which would have saved
Tho nj at
section The legislature, by repeating that section, and
leaving the first in full force have. regards the rights
OF these people and their masters made them absolutely
free; and that not merely by the legal effect OF the re-
pealng statute, but by the clear and deliberate intention
OF the legislature Il is impossible to make this
clear than by the mere language and evident objects
Ii was however, insisted on the argument that the
words impored, introduced. brought into this State
in the first section OF the Revised Statutes, meant only
nlroduced or brought for the purpose OF remaining
here So they did undoubtedly when the Revised Stall
ues were passed. Tor an express exception followed IN
the sixth section giving that meaning 70 The first And
when the legislature afterwards repealed the sixth sec
lion, they entirely removed that meaning leaving the frat
section, and intending to leave IT. TO mean what its own
explicit and unreserved and unqualified language imports
Not thinking myself called upon this
casust or legislator, have endeavored simply to dis
charge my duty judge IN interpreting and applying
the laws feel them. Did not the law seem so clear
me, might feel greater regret that have been obliged
dispose hastily OF involving such important
conseQpe
My judgment is, that the eight colored persons men,
toned in the writ be discharged.
Mr.. and Mrs Lennon, the claimants of the slaves.
were prese nj when The decision made, and much
sympathy was expressed for them by the judge and
counsel.
MIR Culver OF counsel for the slaves, thought the
sympathy should be for The other side.
Mr. Lepaugh, for claimants, asked the counsel on the
other side TO retain the custody of the slaves long enough
TO enable him 10 get out writ OF error to the supreme
court.
Mr. Culver said they had power 10 do that but he
would be perfectly happy TO meet The case there.
Mr. Jay, also OF counsel for the slaves, said that ha
should decline, If in his power, 10 crafty the
counsel
MIR Culver suggested that the court award costs but
the Judge declined do so, saying il OF great
hardship TO side and Of great good fortune to this
other.
MIR Jay said a committee had been appointed among
the coSfej people necessary funds 10 take
OF the parties for the present. that The law OF 1910 pro-
vides for counsel and he would suggest that certificate
DO syen and the Fee il granted would be added to the
funds
The court said II would consider the subject,
The eight persons e women, lads, II and H. twin
boys 7. and two nants) then left the room, conducted
by Louis Napoleon, "a colofed man, who placed them
in carriages and drove of.