The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1857-12-11
DECISION In THE LEMON SLAVE CASE

e DECISION In The LEMON SLAVE CASE
This important case, which has been pending for
adjudication several years before the courts of the
State of New York, has been decided by the SUI
preme court of the State adversely to the plaintiff
The decision was concurred in by Judges Mitchell,
Clarke, Davis and Peabody Judge Roosevelt dissent
ing The following is statement Of the points pass
ed upon as drawn up by the court: aE s
The act Of the Legislature of this State passed in 1917
and re-enacted in parts i'm $780, Il r. S. 656) declaring
that person held slave shall be imported, intro
duced brought into this State any pretence what
soever except in the herein specified and that
every such person shall be Free applies to this
The slaves in this brought from Virginia into this
State and remained here some short time and although
they only brought here with view TO convey them
from this State to Texas they after the exceptions
in that act repealed by subsequent ac within the
prohibitions of that act and ee If those acts be
sttutonal. The addition made to the act in the Re-
vised Statutes of l830secms to have been intended to
place this beyond doubt (see 10, p. 659) Il is;
Every person born within this State, whether white
colored oFREE and every person brought within this
State whether white colored, is oFREE every per-
son who shall hereafter be born in this State shall be
sFREE and every person brought into this State slave
except as authorized by this title shall be GREE One
of the exceptions mentioned in that title allowed per-
son nhabitan of this State travelling to from,
or passing through this State to bring his slave here and
take him away again. provided that ii the slave conn
exceptions repealed by the act of lS4I.
Comfy does require any State extend any greater
privileges the citizens of another State than il grants
its As this State does not allow Its citizens
to bring slave here even IN hWasu and hold him as
slave for portion Of time it cannot be expected to
allow the citizens OF another State TO do Subdivision
Of section of article Of the constitution Of the United
States makes this Of comfy right but with the
limitation above stated it gives to the citizens Of sister
State only the privileges and immuntes in our
State which laws give to our citizens It declares that
the citizens of each State shall be entitled to all the
privileges and immuntes of citizens in the several
States ...s. 4ssg a
subdivision of that section is confined to the of
person held to service labor escaping from State
into another it does not extend to the person younta
y brought by his master into another State for any
period of time it cannot, by any rule of construction,
be extended to such 1t is mo person held to
service labor in State under the laws thereof
Gaping into another shall In consequence OF any law OF
regulation therein be discharged from such service or
labor, &c.
sThe clause of the constitution giving to Congress
power ito regulate with foreign nations and
among the several States and with the Indian Tribes
ers power Congress to declare the status which any
person shall sustain while in any State of the Union
This power belonged originally to each State by virtue of
Its sovereign and independent character and has
been surrendered 1t has not been conferred Congress
or forbidden the States unless in provisions
favor of personal nghts and is therefore retained by
each State and may be exercised well in relation to
persons @u in relation to those remaining in the
State ~ 7sa
..The power to regulate commerce may be exercised
persons passengers only while the and
until they under State jurisdiction. 1t when
the voyage ends and then the State laws control
This power to regulate commerce. it has been expressly
declared by the Supreme Court Of the United States did
not prevent the State of Mississippi from prohibiting the
importation Of slaves into that State for the purposes
sale The court has held that goods when imported
notwithstanding any State law be sold by the i'm
porter in the original packages 1t follows that the pow
regulate coners the United States
check the State legislation to goods merchandise
after is brought into the State but TO persons
after they arrive within such State
s this could be regarded in the of the savehod
ing States police regulation, it may also be regarded
the free States they consider the legislation Of
this State for many years has shown that the holding
slaves in this State for any purpose is injurious to
condition and to the public peace is opposed the
sentiment of the people of this State
'The judgment order below should be affirmed with
costs.