Daily American organ. [volume] (Washington, D.C.) 1854-1856, 1855-01-04
Gov. Clark and the Lennon Case.

Gov. Clark and the Lennon case.
The following extract from the message of Gov.
Clark to the Legislature of New York, in reference
to the famous Lennon case, win excite much inter-
est, especially in Virginia
A controversy is pending in our courts Of law
between this State and the State of Virginia. which
the extent to which Its decision viii affect the right
of this State to regulate its own domestic affairs,
requires your attention. The facts out of which it
arose, are these: In the month of November,
1852, one Jonathan Lennon, citizen of Virgil
MIA brought into the city of New York eight per-
sons whom, by the laws of Virginia, he had held
as slaves, and with whom, as he alleged he was on
his way to Texas. They were brought, on writ
of habeas corpus before Of the Justices of the
Supreme Court, who decided that, by virtue of the
laws of New York, they were entitled to their Free
dom a
They were accordingly discharged, and irvine
diatey removed to Canada, thus placing them.
selves beyond the jurisdiction of both our State
and our Federal laws. The sum of $4,000 was
raised by voluntary contribution among the citi-
zens of New York 70 indemnify Mr.. Lennon for
his loss. So far as individual interests were In
volved, although an appeal from the judges decis-
the case would have been terminated by these
proceedings But the Governor of Virginia, in a
special communication dated December IL, 1852,
called the attention Of the Legislature Of that State
to this decision, which he characterized as /" con-
trary to the spirit of all law as opposed 70 the es
tabished principles which regulate Intercourse with
foreign nations and at war with the relations which
should subsst between the sister States ofthc Union
as well as at war with the spirit not the letter of the
he
mendcd that provision should be made by the State
for the efficient prosecution Of the appeal which
had been taken and for " such other judicial pro-
ceedings as might be found necessary aud proper
for satisfactory adjustment Of the important ques-
ton involved In this case In accordance with
this Recommendation, the Legislature Of Virginia
subsequently directed the Attorney General Of
that State to prosecute the appeal with such other
counsel as the Executive might think proper to
associate with him That appeal has not yet been
heard, but win probably be argued at the next
general term Of our Supreme Court
The language Of the law Of this State-which dc.
clares that " no person held as slave shall be i'm.
ported, introduced or brought into this State on
any pretence whatever" and that "cvery such
person shall be freenis 20 explicit rs TO obviate
all doubt in regard to its meaning. Its operation
can be resisted, therefore, only upon the ground
that Il Is contrary TO the Constitution Of the Unit
ed States, or 70 the laws Of international comfy
The law Of nations would undoubtedly permit the
citizens or subjects Of one country TO pass through
another country with their property-but only with
property recognised such by the same law.
Slaves are property only by virtue of local law ;
where that ceases to have Jurisdiction they ceasc
to be property, and cannot be recognised or treat
ed M such II the decision of this question rested
therefore, upon the principles Of international Law,
which Is the only rule Of international comty--I
sec nothing hostile 70 those principles in the law Of
this State, which applies TO this case.
But the several States of this Union do not hold
10 each other the relation of independent powers
The law which regulates their intercourse and con.
trolls their conduct towards each other, Is the Fed
era Constitution By the provisions Of that instru.
ment every State Is left entirely free TO make such
laws In reference to its local Institutions as Il may
see it, To this there Is but one exception. II
declares that "no person held TO service or labor
in one state, escaping into another shall in conse
qucnce Of any law or regulation therein, be dis
charged from such service or labor Every State
Is thus prohibited from making any law or regulh.
ton by which fugitves from service, which Is due
under the laws OF the State from which they may
escape, shall be discharged from that service. The
State Of New York has always respected this pro.
hibition as wen as the right Of Virgins and Of
every other State 10 legalizc aud regulate slavery
within her own Jurisdictions.
But she claims equal sovereignty over her own
domestic institutions and the same right Of declar.
ing upon what conditions slavery may be allowed.
or whether il shall be allowed ut all, within her
limits. IL this right be denied her. she win I've de.
prived Of the most essential attribute OF sovereignty
that of deciding upon the civil condition and secu.
ring the personal rights of those who may be brought
under the protection Of her laws.
II seems to me highly important that question
which involves, TO 30 great extent, the dignity
and the rights Of this State, should not be decided
without full and careful examination. At present
no provision exists for defending the law OF this
State against the State Of Virginia, either in our
own Courts or in the Federal Courts, to which the
case viii undoubtedly be carried, u decision
against the law should not otherwise be obtained.
recommend, therefore, the adoption OF resolu-
ton directing the Attorney General together with
such counsel As may be associated with him, to de-.
fend the rights and the interests Of this State in tho
npponl that has been taken.