The national era. [volume] (Washington [D.C.]) 1847-1860, 1854-01-12
The LENNON CAsE-INTERFEREECE OF Gov
ERNOR COBB.

The LENNON CAsE-INTERFEREECE OF GOV
ERE0R COBB.
Our readers have not forgotten the Lennon
case. Mr. Lennon, a citizen of Virginia, on
his way to Texas with slaves found it conve
nient to stop at New York. A habeas corpus
being taken out, the slaves were declared by
Judge Payne entitled to freedom, on the
ground that, having been brought into the
State, by the will of the master, they became
free by it's fundamental law, to the operation
of which there is and can be no exception,
but in the case Of fugitive slaves, the right to
reclaim whom is expressly provided for by the
Constitution of the United States. According
to the newspaper accounts at the time, Judge
Payne made the decision with sorrow, and sub
sequently joined with others in raising fund
to indemnify Mr.. Lennon for the loss of I" the
slaves"
Governor Cobb, of Georgia, in his parting
message to the Legislature, while congratula-
ting the country upon the termination of all
sectional strife, thought proper to review this
case, and indulge in strain of remark well
calculated to rekindle the fires Of sectional
ism
Though indemnified fully, believe, by vol
untary subscription, yet the principle involved
in the decision is one of vast Importance and
of startling tendency, in which the interest of
Mr.. Lennon becomes insignificant, and the
interest of every slaveholding State paramount
and equal. Virginia and Texas have no deeper
interest than Georgia and Alabama. 1t is un-
dcrstood that an appeal has been taken from
the decision to the appellate court of New
York, and it is probable that the final adjudi-
cation Of the question involved will be made
by the Supreme Court of the United States.
The deliberate determination of any question
By that tribunal commands and should receive
the respect Of the country, and constitutes
precedent controlling subsequent cases. The
principles involved in the decision of Judge
Payne will be better considered in a court
room than in document like the present 1t
is not my purpose therefore, to submit an ar
gument on the correctness of that decision. If
such is the law, it is the first time that it has
been solemnly thus pronounced in a case made
before any tribunal within my knowledge If
it be true that the citizens of the slaveholding
States who by force circumstances or for
convenience, seek a passage through the terri
tory Of non-slaveholding State with their
slaves, are thereby deprived Of their property
in them, and the slaves ipso .facto become eman-
cipated, it is time that we know the law as it
is No court in America has ever announced
this to be law 1t would be exceedingly strange
if it should be. By the comfy of nations the
personal status of every IAN is determined by
the law of his domicil, and whether be be bond
or free capable or incapable there, he remains
so ererprhere until new lomicil is acquired
This is but the courtesy of nation to nation,
founded not upon the statute, but is absolutely
necessary for the peace and harmony of States,
and for the enforcement of private justice. A
denial of this comfy is unheard among civil
lied nations; and if deliberately and wantonly
persisted in, would be just cause of war Can
IL be possible that the courtesy yielded by in
dependent nations to each other can be right
fully denied by one of these States to the 9TH
ersl Is the bond of union an authority or
reason for a course of conduct so unjustifable
without that bondl Did the trainers Of the
Constitution, so wise and so provident as to all
other possible causes of disturbance between
the States, permit so pregnant source of dis
cord 20 pass UNDECIDED and unprovided for. In
yielding our right to make treaties and to de-
clare war, have we left ourselves remediless in
cases of palpable violation of the law and
comfy Of nationss The adjudication of these
questions by the tribunal organized under the
Constitution cannot be reviewed with indffer-
ence by us. Every slaveholding State should
be heard before that tribunal. | therefore rec
ommend that, in the event of the Lennon
case being carried before the Supreme Court
the Executive be authorized to employ able
counsel, in behalf Of the State of Georgia, to
be heard before that court upon these ques-
tionsD
The Governor Tor ex Governor, as he is now
betrays a strange ignorance of law and facts.
Slavery is against Natural Right, and is sane
toned alone by local law. The law under
which slave is held in Virginia is municipal,
the law of New York, or Of any other State.
The law of New York recognises every human
being on its soil, AZ free with the single excep-
ton created by the "higher law " Of the Federal
Constitution, that of a person held to service
or labor in another State, escaping into but the
New York law, although in accordance with Ma
tural Right, has no force in Virginia. A slave
holder who carries his slaves to New York
cannot carry with him the municipal Lawn
of Virginia, or any other State. He and his
servants, carried by his voluntary act into New
York, stand equally free in the eye of the fun.
damental law of that State. He cannot hold
them subject under Virginia law, for that has
no extra-territorial force. He cannot hold them
subject under New York law, for that is the
Law of Liberty. I" But comfy requires from
New York that she respect in such case the
municipal laws of Virginia" That would bt
true, were not the question one of fundamental
right; but comfy cannot justify the Judiciary
of New York in violating the organic law o
tho STATE nor in any case can it justify 8
breach of Justice. The slaves, released from
bondage by tho voluntary act of the master
IN conveying them beyond the boundary of tn,
state under whose laws they were held to ser
vice, and also in introducing them into 8
free State, acquire right to protection-tht
protection of their liberties; and no CONT,
could Justify the State in withholding sucl
protection. 1t is just as much bound to nro
tect them against violence, as their quondaa
master.
Governor Cobb says: "lf it be true that tht
citizens of the slayehOlding States, who, b,
force of circumstances or for convenience, seel
passage through the territory of a non slave
holding State with their slaves, are thereir