Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1857-10-24
THE LENNON CASE,

/ THE LENNON CASE,
This case recently came up for argument before
the Supreme Court Of New York. The facts are
as follows:
In November, 1852 Jonathan Lemmo1 and Juli
ct his wife, having been before that time residents
and citizens Of the State ofs Virginia. brought eight
coored persons to this city, intending to take pas
sage with them Immediately to Texas. A writ OF
habeas corpus was sued out before Mr. Justice
Paine of the Superior Court in behalf Of the ne
groes thus being IN tdnSitu. The above facts were
returned the cause of their detention-to the
suficiency of which the People domurred, The
demurrer was sustained on argument, and the me-
groes set free. Mr.. Lennon brought the proceed
ings into this court by certiorari.
The case was argued by Mr.. O'Conor for Mr..
Lennon, and by Messrs, Blunt,and Evarts, for the
other side. We give the more important Of the
points of their counsel
MR. o'coNoR's POINTS.
FIRST Pojnt-The ancient general or common law
of this State authorized the holding Of negroes as
slaves therein. The judiciary never had any Con-
sttutiOna power to annul repeal or set aside this
law and consequently. it is only by force of some
positive enactment of the legislative authority that
one coming into our territory with such slaves in
his lawful possession, could suffer any loss dim
mutton of his title to them as his property.
In support of this Mr. O'Conor claimed that in
every judicial opinion it has been admitted that
slavery existed at early period under the mum.
cipal law, and was recognized by statute in New
York-that negro slavery never part of the
municipal law Of England, and consequently the
inflated speeches of French and British judges and
orators touching the purity Of the air and soil of
their respective countries, whatever other purpose
they may serve altogether irreavent to the in
quiry what was or is the law OF any State in this
Union on the subject of Negro Slavery. The only
argument against negro Slavery found in the En-
gish at all suitable for judicial forum rests
on the historical fact that it was unknown to the
English law. The Judicial Department has no
right to declare negro Slavery to be contrary to the
law of nature; or immoral, or unjust, or to take
any measures or introduce any policy for its sup.
preston founded on any such IDEAS The common
law judges of England, while they broke the fet
ters of any negro slave who came into that country
held themselves bound to enforce contracts for the
purchase and sale of such slaves, and to give re-
dress for damages done to the right of property in
them. This involves the proposition that there was
no paramount law Of nature which courts could
act upon prohibiting negro Slavery. The highest
Courts of England and of this country having jur-
isdictiOn over questions of public or international
law, have decided that holding negroes in bondage
as slaves is not contrary to the law of nations.
| True, Blackstone says that "the law of nature
is binding all over the globe; and that no human
laws are of any validity if contrary to it," Yet as
the judiciary Of England at all times acknowledged
Slavery to be valid basis of legal rights, it follows
either that Slavery in the practical judgement of
m la ia ot IN la of
ture, if it be, that such law Of nature is of no
force in any English court. In some Of its forms,
Slavery has existed in all ages and no lawgiver of
paramount authority has ever condemned it. 1t is
usual to talk about Slavery as existing only by
municipal law as if this was a popularity. All
perfect human rights cognizable or enforceable in
human tribunals exist only by virtue of the muni-
cipal law of that country in which they claimed
or asserted The law of nature in every juridica
sense. is mere figure of speech. 1t cannot be
pretended that there ever was in En- land, or that
there now is in any State of this Union a law by
any name, outlawing Slavery. The common law
of all these countries has always regarded it the
basis of individual rights statute laws binding in
all OF them recognized and enforced it. 1t is only
in particular places, under particular crcum
Stances that it is positively or negatively OUTLAW ed
The Judges OF this cours have no right to enforce
their notions of general justice but only the mun-
cpal law.
In fact there is no violation of the principles of
enlightened justice, nor any departure from the
dictates of pure beneneyolence in holding negroes
in state of slavery. Men, whether black or white
cannot exist with ordinary comfort and in reason
able safety otherwise than in the social state. Ne
grOes, alone and unaided by the guardianship of
another race, cannot sustain a civilized social state
This proposition does not require for its support
assertion or denial of the unity of the human race
the application of Noah's maledictiou the possi
bity that tim0 has changed and may again change
the Ethiopians physical and moral nature 1t is
only necessary to view the negro as he is, and to
credit the pal pable and undenable truth that the
latter phenomenon cannot happen within thous-
ands of years. For all the ends of jurisprudence
this is a perpetuity, (Facciolati's Latin Lexicon
"Ethiops".) The negro never has sustained n
civilized social organization, and that he never can
is sufficiently manisest from hstory,and is confirm
ed by the rapid though gradual retrogression of
IIayti toward the most profound depths of des.
truction ignorance and barbarism. That alone
and unaided he never can sustain civilized social
organization is proven to all mads by the fact that
not one single member of his race has ever attained
Efficiency in anyart science requiring the en-
poyment of this high intellectuacapaci The uni
versal voice of mankind comedies to the parent a
right to the profit and pleasure which may be
derived by him from the services of his minor
child as due return for guardianship and nurture
Who shall deny the claim of the intellectual and
white race to its compensation for the mental toll
of governing and guiding the negro laborerH
Certain assumptions of the Anti.Slavery agitat
ors have been too much INDUCED by the moderate
peaceful and conservative. ChiefJustce Marshal
let pass uncondemned their prevalent trviality
about the law of nature and Chief-Justce Taney
comedies to them that the negro race, meyely be
cause denied political rights, is to be regarded Al
unfortunate" and unhappy. The fathers o
the Republic when forming temporary league
in the face of the foe and on the eve Of battle dc
clined to peril all by delay and discord upon