New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-12-08
Netupork DAILY Gribm,re
THE LENNON SLAVE CASE.

THE LENNON SLAVE CASE.
RIGHT Of TRANSIT WITH SLAVES DENIED.
Assignment was rendered in the Supreme Court on
Mssdsy morning sirmipg-the decision of Judge Paine
szd declaring the slaves 10 be free.
The following are the conclusions arrived at-Judge
Roosevelt only dissenting. Full opinions will be here
sfsr written;
CONCLUSIONS.
The act Of the Legislature of this STATE passed 10
1917 and reeascted in parts in 1880 Il S.. 500, de-
clarisg that no person held az slave shall be im
ported Introduced or brought into this State any
"pretense whatever exoep, in the cases herein spec
fed" aud "thst every such person shall be
free applies to this case. The slaves in this case
were brought from Virginia into this Safe and re-
NAMED here some short time; and although they
only brought here with a view 10 carry them fiom this
Stats to Texas, they latter the exceptions in that
act we're repealed by subsequent act.) within tbs
prohibitions of that act and free if those acts be
constitutional The addition made to the act in the
Revised Stsu of 1880, SCENE to have been intended
to place this beyond doubt (See Sec. $50. It is,
"every person born within this State, whether white
"or ccOred FREE the capitals so 10 the S.s:ute
"spd every person brought into this Safe as slave,
except as authorized in this title, shall be FREE"
One Of the exceptions mentioned 10 that title allows
persop not 40 inhabi,snt OF this State travelling TO
FROM or passing through this State, to bring his slave
here and take him away again. provided that if the
"slsye continued here more than 9months, he should
h free Those exceptions are repealed by the act of
1871.
Comfy does not require any State to extend any
greater privileges 10 the citizens of another State than
II sranta 70 its own. As this State does not allow its
own citizens 10 bring slave here even ~ transtu,
and to hold him slave for any portion of time, it
cannot BE- expected to allow citizens Of another State
70 do 90.
Subdivision of Section Of Article Of the Con.
stution of the United STATES makes this measure OF
comfy right but with the limitation above stated
Hgiyes 10 the citizens OF sister State only the same
privileges aud immuRities in our State, which our
lass give TO our own citizens; it declares that the
"ctzens of each State shall be entitled to all pnv
"hges and immunities Of citizens in the severs
States"
Subdivision of that section is confined to the case
Of person held to service labor escaping from one
State into another does not extend to the case OF
person voluntarily brought by his master into another
State for any period Of tmet cannot by any rule of
Construction be extended to such case. 1t is: No
"person held TO labor service in one State under
"ihe laws thereof escaping into another, SHALL in con-
sequence of any law or regulation therein DO dis
charged from such labor or service" &c.
The csuse Of the Constitution giving to Congress
power ito regulate commerce with foreign nations
and among the several States ami with the Indian
"trbes" confers no power Congress to declare The
status which any person shall sustain, while in ssy
State of the Union. This POI yer belonged, originally,
to each State by virtue Of its sovereign and independ-
cot character, and has never been surrendered. Hhas
not been conferred Congress, or forbidden to the
States, unless in provisions in favor of personal
rights and s therefore retained by each State, and
may be exercised well in relation to persons in tran
sisa as in relation to those remaining in the Safe
The power to regulate commerce may be exercised
over persons passengers only while they are on the
ocead, ard until they come under State jurisdiction. Ii
esss when the voyage ends, and then the State laws
control
The power to regulate commerce-it has been ex-
pessly do si ed by the Supreme Court Of the United
6.tes-did not prevent the Ssste Of Mississippi from
prohibiting the importation of slaves into that State
for the purposes of sale Tue Court has held that
goocs when imported can Notwithstanding any STATE
lsl be sold by the importer in tae original packages
1t follows that the Pc yer to regulate commerce confen
On the United a.es some check the State egisla
ton a. 70 goods or merchandise altar it is brought
into the Sae-but none as to persons sfsr they ar.
riye wiibis the State.
II this could be regarded 10 the case of the slave
holding States as police regulation it may also be 80
regarded as to the Free sta,es they consider las the
legislation Of this State for many years has showo)
that the holding Of slaves in this STATE for aay purpose
nuron. 10 our condition ard 10 the public peace a.
1t is opposed 10 the seAtmep, Of The people of this
S:Aie.
The Judgment or order below should bs affirmed
With costs.
le LoSesr sst. The Mayor, &c, the Special Term
order Of Judge Roosevelt was modified without costs
70 either party.