The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-12-08
The Lennon Slave Case.
SUPREME COURT-GENBRAL TERM.
Before the 1--WE Judges.

OesoI0 nc uVc JUDGES
DEC 7.-JonaaAa~ Lennon, plaintiff in error, U.s. The
People at the Relation q Louis Napoleon, dfendan. in
eT-The Court this morning rendered decision in this
case, Affirming the decision OF the late Judge Paine.
The following is eptome Of their conclusions Judge
Roosevelt dsents:-
The act OF the Legislature or this State passad in 1877
and re-cnacted in parts 1880 o5o desisrnr that
mo person held as slave shall be import Introduced or
cept in the s hs1s
PER- ons s1 wer 90 ce 10 s case slaves
remained = ..agnt Rom virginia into this state and
onIU .rs some short time; and although they were
s,ae to Texas they were er the exceptions in that act
t repealed by subsequent acD within the prohbi
o Of that act and are free II those acts be consttu
tonal The addition made To the act u the Revised Sta
tutes OF 1880 TO have been Intended place this be-
yond doubt (see sec, le 6be); it is; every person
born WITHIN this State whether white or coored is Tree
ana every person brought within this State whether wne
OF coored free every person who shall hereafter bc
born this State shall be Free and every person
into this State slave except authorized by this title
title allowed person not an nhabitant OF thus stae,
travelling to or from, or passing through th STATE 70
bring his slave here and take him away again. provided
that the slave continued here more than nine months
he should be free These exceptions are repealed py the
act Of s41 Comfy does not require any state 70 extend
any greater privileges to the citizens Of another State
than grants TO it's As this State does not allow It's
own citizens to bring slave here, even in transu, and
TO hold him q slave for any portion of time, cannot
be expected TO allow the citizens of another State to do
Subdivision of section q article A. Of the constitution
of the United States, makes this measure Of comfy
right but with the limitation above stated tgives the
itzens Of sister State only the same privileges and
mmunes in our State which our laws give to our citizens
declares that he citizens OF each State shall be entitled
10 all the privileges and mmunes Of citizens In the seve
ralStates Subdivision Of that section is confined TO the
State into another; does not extend to the person
voluntarily brought by his master into another State
for period Of Time II cannot by any rule Of construc
ton, be extended to such a II is, 'No person held
TO service labor in State under the laws thereof
escaping into another shall IN consequence Of law
regulation therein be discharged from such service or la
bo &c The clause of the constitution giving to Congress
power to regulate with foreign nations and
among the several States and with the Indian tribes
coners no power on Congress TO declare the status
which any person shall sustain while any State Of the
Union This power belonged originally to each State by
virtue OF it's sovereign and independent character and
been surrendered. has not been conferred on
Congress forbidden to the States (nless In pro-
visions in favor Of personal rights and is, therefore,
tanned by each State and may be exercised well rea
ton to persons ransu in relation TO those remaining
in the State The power to regulate commerce may be
exercised over persons as only while on the
and until they under State jurisdiction. II
when the voyage ends, and then the State laws
control This power to regulate commerce, il has been
expressly declared by ne Supreme Court of the United
States did prevent the State Of Mississippi from
hbing the importation Of slaves into that STATE for the
purposes Of see The same court has held that goods
wseh imported can Notwithstanding any State lawl be
sold by the importer In the original packages 1t follows
that the regulate commerce coners the United
States some check the State legislation to goods
u persons after they arrive within such State this
could be regarded in the Of the siavcholdng States
police regulation may also be so regarded as TO the free
States they consider las the legislation OF this State for
many years has shown) at the holding of slaves in this
State for any purpose injurious to condition and TO
the public peace as opposed to the sentiment of the
people OF this state The judgment order below should
be affirmed, with costs
Before Hon. Judges Mitchell, Clcrke and Peabody.
DECISIONS
LopJey ~. The Mayor, de- Of Neio York-The order OF
special term modified without costs TO either party.
Joseph s. AtJoa rs Vim. H. Aspinioau Judgment for
plaintiff affirmed with costa.
The People u.s. Elijah H1m-The judgment OF the Ses-
sions against the defendant affirmed.
De Forest Mdnice Mickde Mller-New trial granted
costs TO abide the event.
Daniel s. 7aImdn Us. Mdtheto Acknowledgement for
plaintiff affirmed, with costs.
Jeremiah G. HdmilDN The Accessory Transit Com
pdny.-Judgment dismissing complaint affirmed, with
costs Of appeal.
Monroe and Others rs 7iJJets, Deeran and Ohers-Or
der below allowing demurrer TO complaint, reversed and
demurrer overrulet with costs OF appeal and judgment TO
be entered for plaintiff
John Il. 7readlreH and Others u.s. John H. Tcdks-Judg.
ment for defendant affirmed, with costs