The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-10-02

IT, LsaAOn DlavS Uass.
0UrHunn OoU1r-sDuRAx SRx.
Defsgs HsA Judges MaAsa Roossvsx, uerks, Dawes end
~ fsabody. saae-
om. l-yonaAM Lawmo~, 0tisn q ne NGse Of w.
oiWso, y. m People Of a. Ssats 9 Nos fork-oa tais
Co beng oalsd NJ John jay - o1scs cSe, submissed
number Of pola end suggested thai tho CASE should
not 30 entertained By NE Court - there Wa supposed
oo,lusss bsswss. The parties.
Amer susgssnoas from counsel associated With Mr.
Henry D Lspsush, DR. he Bate q Virginia
Judge Msnasu r. j., aad that these parties had hee
rated their slaves, when such great Etnapie wssn
VOWED be Court would DO inclined TO stop the pracssd
insy but they agreed with counsel thu - No appel
they mould BE- heard on i1er points
Counsel sen proceeded TO open the case; rms vas vas
Jour- Of certain very points Of Contained
In decision Of . Jus'io. OF tue supsr'Ss ooaI.'
sitting = on T s o. a ans s sos
before the Court than By stating tho facts - they
bad preprsd them BE then proceeded 70 say
This II writ or oeruorai issue out Of this court Nov.
rs 1859 BY the don Elijah Paine shen Justice q the 81
peror Court .be city OF New York upon hs oorp
Ing I'' the aesDou q eight coosed ps1.oa.: Que
The pain,ir having been served with tho corpus
made return IL; the reisor damurred to the rearn,
ard he Jud le,s nAA order ~ss nsrsupon made c'nse
return ssatea that Jue Lemmon the plants wife, was
and had been for several years oxea and resident Of
Inherited and owned By her. and held to labor By
her - her slaves In that state, under and BY virtue
he, sIsv.. nom Virss.. 70 The s.ss o. Tex. an us
mate Destination, she necessarily took pasage with her
NoS IU, he sss q Vsnis bound for the sas Of
reaas; thai BY The lass OF Texas she was and would 30
entud the claw and 70 their service or labor 10 IKE
she entitled 10 the Same by the lawn Of vr
eipa that she compelled by necessity to land q the
barbos New York without remaining or intending 70 70
slaves int the STATE OF Ne. York to remain therein, in
manner or for any pnrpose whatsoever except IN tran
"a, The port or Ssrsor q Ne. York on board or .Ss
s,eamship; that the slaves % passing from Norfolk
board The 'ssn;s III .ssSs; q a
except for the purp Of such passage - sorosdd
ana that Juliet Lemmen her in atu, with
the Gin day OF November 1884, Of habeH corpus
"a. served upon her Judge P.i9s, y his an. order
slaves from Mrs Lem Con's custody.
Council then proceeded TO read and elaborate on
, genera or
Of This State authorized The holding OF negroes q slaves
Tho judiciary never had any constitutional 20 we
10 annu repeal ret aside This h~ and consequently, IL
only by force OF positive enactment Of tbs egisa
tive authority that coming into territory with such
dminuton Of his lille 10 them his property Ia every
known judgment Agument or opinion OF court, jadge or
% we .v = OnS.r ot
municipal las In each OF the thirteen original States
which formed this republic by declaring IL ndependenoe
In l7'6 and adopting ts constitution In 1882 By what
resns had IL nrst reception and establishment in any
Of Them insstutien sanctioned by Law may moi be
certainly in NeR YoFk-it expressly recognized by
statute prior 70 the time when the States themselves A.
Negro sAvery rever waa par. or the municipal law OF
Ensiand and con'eauens .. sos Imported thence By
eiosge other peYmAnen mestc slavery OF any kind
which had ever exsted In England or been known 70 or
regulated By she LAWS usases OF hal kingdom. They
sooiey composed Of such persons slavery oWu
members, endowed BY nature with mental and physical
Of Justice or course, oooniss ssnorsd 1t, ths
was not suited 70 their condition, lad le b<hiad thsm
A. neither The political bondage Dr. the dome,uc slave.
~ which tAs European ey fraud and yioo.o, inpo:sd
upon bis white brethren ever lad legal foethold IN the
territory occupied BY thsse States, tho inflated
speeches Of French and Britt adgs and orators touch
Ing the purify air and so ,her Respective
eeihsr re van, 70 ,he inquiry what was or Is the av Of
any sass In hills Union the subject Of negro sAvsryi
a,de he save law Of tni, STATE which We have shown
e1issd With The sanction OF The prior 70 the
Judicial tribunals in this country are pan Of the 70
vernmsn bs, b, 9s s.n,.. q orr ,n.sSs. ..s Mo
rsnsa from ssy exercise Of tho law ms .1uy power
1hst governmental function asgncd TO separate do
psrte emit
nay deem with lights perpoisuS policy, tending 70
restrain com nercc In land 70 tie up Ia 10 hands, AMI
erDg Of estates BY the English Judi O. thrush the devices
10 which they rtsorted had ie origin In regard
tho interests Of the people; but In them trick
End rank usurpsuon. So said Lord Eldou 1872 when
constitutional law better understood In Eng from
his high place ~ Lord President Of the Ensl Peers
The judicial department has right 70 dec are resro
slavery 10 be oonrA, 70 the Of nature or immoral or
ptt or 10 tss any measures or introduce any policy for
.nprrcssoe four ded on any . CD ideas
he letters Of any negro savs vho came into that country
held tsemeves bound 70 enforce c,nrac,s for par
M <hsl.. A. ~lw IL
nsgs done - the rgot Of property 10 tnem Tns involves
tne proTosi Ion that there vac no paramount lay OF
which rs con ID scs upon prohibiting negro slavery
In fact there violation OF the principles eaght
cred jrsnce any departure nom The dictates o. pure
wbe,hsr plscK o. ~s,ss cspno. enH s,h o,ao.r, som
fort and In reasonable safety Otherwise than In the social
ssaae-
Negroes, alone and unAided by the guardanship OF
another race, tstnot sustain cvi izsd social state
This PROPOSAL does no, require Tor i1 support an ~
feron or entail Of the unity OF the humtu race the ap
plcauon Of Eoah's cc lotion, the possibility that
tss changed and ma again change ,hs Ethopans PHI d.
II i, oDl, peoe.ary to Wow the negro ~ he s and 70
cred the papabe and urdsniable nu,h that the latter
pbenomepon cannot happen within Thousands OF yerL
For ell the ecds Of jrrispru1 ence hts porpetuy.
The negro mas stained viiEsd SOC orsaui.
rstop, spo that be 10 ID senlly soifet fr
rerof csslon o. Hsyu tors ne mot profoun depths Of
| desu uiion, ignorance and barDarian-
lnas sbte ana unaoeo, ne never can suus cvilzed
socisl orsarzauon 10 proven 70 oil, reasonable mind, by
The fart that ooe siI gle member Of bis has
attained proneisnoy IN an, art or scieooc requiring the
employ mept Of b'Eh Intellectual capacity medio3hty
btlow the standard OF quaeca ion tor the impor ant
duties OF govern msn for suolng the ala OF society
for profros In the Abstrsct be
among the nenbers or ober races bat II Ia uni fersal
Amongst negroes Nos one single negro bas ever risen
above H.
follow tta 10 order 10 obtain the tf reason
able personal snj eni aud OF unes 70 himself and
othe for vh.h be 10 adapted By patae the negro must
remain In 'tsie OF pupaSe usder The government OF
some other race.
Hshsclli o. the sun. la cold climates be peri.hes;
In the territories adapted 10 biz sbors and In which alone
bis race can be perpeuaed the white nct lure
continued physical labor but each perform his ap
pointed nk-she negro can labor the white man oan
| gorern.
Morality or these dictates Of enlightened reason
which have been called the Law Of nature, do MT oslgo
AM man 70 serve snolher without e2uivaeut Yard
for tie service rcndwcd The obligations OF Charity
no exception 10 this rule Charity rns gratuito
vice 10 ibose who unable 10 repay; II 10 no, due 10
Surrey Incidence The universal voice % msasind