Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1857-10-06
G5e 9a'lp Spp,
TUESDAY. OCTOBER 9, 1857.
The Lennon Cane.

The Lennon Case.
Let those who imagine that the slavery ques-
ton is settled by reason of the bred Scott decis-
ion in favor of the right Of Shareholders to hold
their peculiar species of ''property" wherever
they may choose to go in any OF the free States or
territories, and that any further "agitation" Of
the denial of that right cannot be longer enter
tained-let all those who preach such hhality doc
trine remember that the celebrated Lennon case,
involving points similar to those contained in the
bred Scott case, is now before the Supreme Court
of the State of New York. and whichever way it
is decided there, will be carried up, on appeal, to
the United States Supreme Court, and reopen
anew the whole question beforethat tribunal. So
those conservatives who have sealed their lips on
TIE matter, on the plea of the thing being ''set-
tied" may as we'll open them again now.
The Lennon case involves directly the right of
STAKEHOLDER to take his slaves IN transitu into
the State of New York or any other free State.
The counsel for thc State of Virginia 1.-THE
claimant in the case place their chief reliance on
the recent novel decision Of the United States
Snpreme judges. SO it will soon be seen how
far the highest judicial tribunal in the EN-.
pre State will bend before the slave influence as
manifested in the late decision of the Supreme
Judiciary of the nation. However that may be,
the whole question will soon be re-opened, in all
its details, before the court OF Judge fancy, at
Washington, and have to be formerly re-argued
anew, on its merits, whether we have eventually
the same decision, substantially, or not.
An affirmative decision, bstantating the claim
of Virginia, in this case, would subject US to
still deeper humiliation, if possible, than that in.
to which we are cast by the bred Scott decision,
as it would be direct affirmation of what can be
claimed having been at best only extra-judi.
cally decided by the majority Of the judges in the
bred Scott matter. If the Shareholders get all
they ask for in the present case, the North may
well pause and consider whether there is enough
of freedom left in the republic to make the Union
worth longer preserving unless some remedy be
soon applied to the existing state of political af-
fairs, by the uprising of the honest masses of all
parties opposed to the runous policy of the slave
Ty-prOpagandists, and by the hurting of theiI
minions from power in the State and the nation
We trust they will apply that remedy before it is
too late TO make the effort.
We copy from the Boston Journal the following
brief statement of the material facts in the Lem
mon case, the recollection Of which may have es-
capped the memory of some of eur readers -
NEARLY five years ago, Jonathan Lennon of
Virginia, arrived in New York with his slaves. on
his way to Texas. A colored man, Louis Napol-
con, Immediately applied TO the Superior Court
for habeas corpus, commanding Lennon to
bring the slaves before Elijah Paine, one of the
Justices OF that court. The writ obeyed, the
case argued, and decision rendered in favor of
the slaves, The latter at once took the under
ground railroad for Canada and were out ofreach
before appeal could be taken from the judge
sitting at special teIm.
Subsequently the Legislature of Virginia pass
ed resolutions instructng the Governor 'to take
all necessary steps for prosecuting appeal from
Judge Paines decision pay all the necessary
expenses out of the State treasury send on the
Attorney General TO argue the case and carry it
to the Supreme Court, General Term, and if me-
cessary, TO the United States Supreme Court
Acting upon these resolutions, the State lmmedi-
,Rtey obtained writ of certiOraTS, transferring
the case from the Superior to the Supreme Court.
where the decision below was affirmed, and the
appellant directed to give security for costs.
At this point, and in this condition, the case
has remained since the oath of October 1854.
Innumerable postponements have been made, un-
til the court has decided at last that the
be tried now or never, Accordingly the case came
up on Thursday for dnal argument, before the full
bench.
On the case being called Mr.. John Jay, in the
capacity of amicus casiae, moved that the appeal
be dismissed, alleging certain matters of fact, the
chief of which was, that the slaves in question
having been virtually purchased of their former
owner, aud now being also in foreign country,
from which they could not be brought by any ex-
tradition treaty, therefore further decision of
the case can be Of no practical moment, and
in the nature of fictitious sin.
Mr.. Charles 0'Conor, after some remarks upon
Mr.. avs motion, proceeded TO argue the casef for
the plaintiff. He spoke about three hours.
Mr. Evans followed for the defence On Friday
Mr.. Blunt succeeded the same side, and Mr..
O'Conor to rejOin.
Every one will see that the point in dispute is,
whether slaves can be fOreiby taken through free
State; in other words, whether a slave becomes
for the time being free, when he lands on free
SOIL"