New-York daily tribune., 1857-10-03

Before the argument in the Lennon case com.
u,enced, the Court made decision on preliminary
question, hastily and with less consideration, as it
appears to U.S. than the gravity of the point raised
seemed to demand. Mr..Jay, as dmieus enri@, sug-
pested to the Court that this was not prosecuted
to question property between the parties
to the record or any body claiming under or through
them; that was proceeded with not at the cost of
tie parties to the record nor to settle any question
in which they had any special or private interest
but at the cott of the States of Virginia and New
York with the intent of obtaining Judicial opinion
upon political question of State Rights. Itappears
that subsequently to the decision of Judge Paine,
Mr.. Lennon and his wife had been paid the full
money value at which they estimated the eight
persons who had been set free by that decision, in
consideration Of which payment they executed the
following bond:
SUPREME COURTThe PeOpeof the State of New York
cx rel. Louis Napoleon VS.. Jonathsn Lennon.
Know all by these presents that We Jonathan Lem.
s for good valuable consideration the recep. whereof
We hereby acknowledge do covenant aud that at
time tie final decision and eImnstion Of this matter in
the which be taken carried appealed in
I'M United States cf America. shall be made pronounced
shall a1un and discharge from labor sad service the eight
liberty by Honorable Eah Paine upon request Tor such
nsnu;soD and discharge in Whiting made OF rs or the 'uyi
ycr Of US BY the Hon Elijah Pane Walter Jones' ESQ., aud
Jane, hcSn e9 me- sardI an G 1nd th.e9 ' O' ANY
In witness hereof have heeunto set hands and
''' ''' -'' wy !" JONATHAN LENNON.
JULIET LENNON
signed, sealed and delivered in presence Of
"HISRY d. LAPAuGn, ~ Wall street"
In directing the case to 60 on, Judge Mitchell,
in behalf Of the Court, admitted that if the appel
lants had actually executed writ of emancipation
such as the above bond bargained for their interest
in the controversy would have terminated, and
there would have been no ground upon which they
could have prosecuted an appeal; but, as the matter
stood they did still retain an interest, and the case
must 20 on. But if the Court had taken time to
call for copy of the bond and carefully to examine
it, We DO not see how they could have failed to per-
ceye that although the part ofthe appellants the
contract was executory, yet the consideration had
been already paid by the other parties to il aud re-
ceiyed by The appellants, and that court Of equity
would have compelled specific performance. 1t
is therefore plain that the Lemons had no longer
any pecunary interest in the alleged slaves nor any
legal interest of any kind except upon certain con-
tinetnces as trustees. So long as Judge Paine
decision stood the persons whom they had Chime
as slaves were already emaucipated, and shou
that decision be reversed BY final judgment in tn
case BY any Court above, SILL the Lemmons wouli
have acquired no property or interest thereby, as
they Lad already baIeaiued not to avail them
selves Of any such decision.
II is tue, no doubt, that in executing this bond
the Lemmons, while parting with their pecuniary
claim and accepting payment therefor, did intend
still 70 reserve the right Of proceeding with the
case. or Of allowing somebody else to proceed with
il in their name but this was precisely one Of the
things which the law Will not allow them to do.
The law will not allow man to part with all his
interest IN thing, and still reserve right to make
il the subject of law suit, not to settle any ques.
ton in which he has personal interest bat to set
Tie poirt Of law for the benefit Of the public gen.
eraly. The Iisht Of maintaining suits whether in
ore's own name or the lame of any body else) to
settle the question Of the ownership of things can
not exist by itself after all other nteres. in the
things has been conveyed away; Ior can mere
cispee in the form Of bargain from an executed
into az e1ecut,,y contract enable man to do that
Indirectly which the law will not allow h!m to 90
Directly. Ito Courts have quite as much as .ley