The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-01-01


lowsd by shs commires TO Col. Marshall. although his
'Assos il ssarsr 70 Washington city than my own
- for every twenty miles OF estimated distance by the
usual road from his place OF residence to the seat OF
Rs,p.o.i ni 'A'' '' D. MERIwETHER
wAssissroN. December 10, 1882
The Lennon Case.
When this case was pending in New York. the news
paper reports mesgre and not generally circulated
the Sou,h and when Judge panes decision rendered,
general desire was manifested 10 obtain knowledge OF
the precise points made by Lsmmons counsel in the agu
ment We learn from the Alexandria Gazette that gen.
teman OF Virginia has addressed letter Of inquiry 10
Henry d. Lapaugh, esq counsel for Lennon, who has
replisd by stating briefly the points made by him before
Judge Paine and expressing the opinion that the action
OF hs New York Legislature not necessary TO secure
the right Of passage with slaves which is equivalent TO
tho opinion that the New York statute, expounded by
Jade Paine. is in violation of the constitution of the
Unissd States. and consequently void. We annex the
correspondence a. we find It in the Gazette
~ THE LENNON CASE.
SUMNER Hit FARM,
Alexandria county, Nov q, 1852
NV pxAn SIR When | last in your city you
engaged in the discussion of the various prnc OF law
Involved In the Lennon before Judge Paine and
from the almost universal sentiment expressed by those
with whom conversed on The subject there appeared 10
little doubt as 10
rshss Of Lennon. Since then the decision as rendered
b. Judge Paine settled the question far as his court
has jurisdiction In the liberation OF the slaves in conover
~ and our papers oil all parties have been zeaonsy dis
gushing the merits of tEa decision various meetings OF our
citizens have been held FIR like purpose and the idea
.aas generally prevail that the action of the New York
Stats legislature is in order to secure tho rights
of ,sseaRs il transi and the county conended for by
YOU - existing necessarily between sovereign States
observe In the decision oil his honor Judge Paine he
to have no the constitution Of the United
States AZ the supreme law and only refers to that branch
Of vour argument by speaking of the right of sovereign
stats to pa.s sanalve laws police regulations We.
Believing question involved TO be one Of suat magni'
,uda and for the benefit CT those vino have had no opPor
tunv Of knowing wha were the precise points OF law con-
tended for by and OF your future acnon IN tho
or not you intended abide the decision of Judge
provided BIO transferred another and
hiyher tribunal. | have been induced to submit, this
With many thanks for your generous and dislnteres'ed
sor In behalf of the rights Of felowcitizen while
anger and without friends in your large and populous
My. have the honor to be- very truly, your friend and
Incident servant, s. s. WILLIAMS
HrsRY D. LAPAuoH, esq New York
~ WALL STREET, New York,
December l6, 1852
DEAR sR Ihave the honor acknowledge your favor
bf the 9Th ultino. requesting for tho assigned
hn your communication 10 furnish you with the precise
points OF law urol which relied In the Of Mr.. Lem
mons slaves recently argued by his COUNSEL before
Mr. Justice Paine OF the superior court Of this city
myself of ths earliest of leisure comply
with your request.
First contended that Mr. LENNON citizen of Vir-
rinla going from slavehoding State another slave
holding State OF the Unon had clear right carry with
him his slave properly and in doing so, TO pass through
the harbor Of slaveholdng State, the his
place OF ultimate destination that such right is guamn
tied him by the comfy of States, where they are
entirely independent Of each other that they
bound extend any other privileges than those which the
avs OF nations alone establish.
S~condv That the constitution and laws of the United
States recognise and protect the existence of slave proper
IT, and its possession TO the owner thereof and that
consequences. neither of the several States composing
Union, however equa! they are In sovereignty as be-
zen themselves can prevent tho citizen Of slavshod.
= State from passing with such properly in uausifu
rough any intermediate territory on his way TO other
aavshodnR State that the right of ingess and eRress,
under such circumstance is not precarous to be
'bf his property
Thirdly That the statute of New York, in relation to
slaves imported introduced brought into" the State.
Is. ppca the Of citizen OF Virgina proceed
g with his slave properly in bansiin through New York to
the State OF Texas In other words, that the object OF the
of New York is prohibit slaves being brought into
hs Sias by their masters with the Intention OF residing
heein either for longer shorter perod and that for
this rssson, citizen OF Virginia, carrying with him his
|dave property awsw through the port of New York,
any insnon OF residing remaining in the State,
does import introduce, bring slaves into the State
within the purvicw OF that statute.
Fourthly. That IT. in the opinion OF Judge Paine the
strict of the seemed to mitae against the
right claimed by Mr. Lennon before him, twas his duty
nevertheless to give 1t such interpretation, possible
make harmonic with the constitution OF the United
States and the laws made in pnrsuance ,hereof IL that
could be done then that he should no, hesitate to
nounce unconstitutional and void, being in conflict
with tho higher Of the constitution Of the United States
Having given you the points made on behalf Of Mr.
Lennon may be allowed to say, since you have called
my IT, that in my opinion the power Of State
to regulate int rna police did form inquiry
all material amy Of tho ssues raised before Mr. Justice
Paine There sxieenoy appearing from any Of the
proceedings before him demanding the exercise Of any
police regulation In order guard the health safety OF
he oAts Tho most advocate for the power OF
police regulation can, without doing any violence 10 his
convicons on that subject support the claim Of Mr. Lem
mon In all ita length and breadth.
bsesdss II would seem TO be monsrous doctrine that
any SAFE Of the Union the prc,encc of ererc
ing what 10 termed power ot police do an act
virtually notifying the principles and guarantees OF the ma.
tonal Constitution, and ihsreby render OF value that
cred jnstsumsn formed for the purpose Of establishing
more perfect union between all the s ates.
You viii perceiye, from what has been already
said that do consider that any action of the New York
Legislators 10 necessary in order the right of pas
~ sasifv and TO establish tho comfy existing be-
tween sovereign Ststes mentioned In your letter
Such legislation, in my view. wouId only be decsratory
Of the general comfy Of nations 20 long established and
surely need be told that such oomify and than
such comfy, exists between overY State Of
fe,leracy have always understood every American cit
rem 10 possess birthtgbr ceTain and BILE
Aof way Tor himself aud bis property throughout the
In .sepnbi'c. Of which State leg stature can deprive
At long Ms he remainsa faithful member OF society.