Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1857-10-14
Tie staeeare.
tE,pm the n. Y, Josr-sNl Of oe4AsAeseel
s1,pREME CotRf-GENEkAL TERN.


tr,,n, The n Y, Journal Of oe4AsAeseel
s,,pREME CoURf-GENERAL TERN.
THURSDAY, Der. l, 1867.
r,,u 1rvxos SLAVE CAss.-When this case was
-. .n,lrc paine IN November, 1852, We report
OJ ali the facts connected with it. and the Judges
J.sion but a. the question involved IN 1t ls one o.
Great Importance to every State IN the on'on,
% give an abstract of the facts OF the case,
va sncb points a. have the most direct bearing on
.h ..sc. and regret that we have not room to give
them in full.
Jonathan Lennon %. The People Of the State Of
Neso York ex rel.
FACTS AND POINTS FOR THE PLAINTIFF.
This is a writ of certiorari issued out of this
Court Nov. 10th, lS42, for the purpose of review
inc an order made Nov. 18th, 1862, by the Hon.
Elijah Paine then Justice of the Superior Court
of the City of New York upon habeas corpus al
lowed by him, Nov. 9th. 1862, to inquire touching
the detention of eight coored persons to wit: one
man, two women, and five children.
Jonathan Lennon, the plaintiff, having been
served with said habeas corpus, made return there.
to: the relator demurred to the return, and the
Judges final order was thereupon made. Conse'
quenty there is no question of fact in the record.
The return states that Juliet Lennon, the PLAIN
tis wife, was and had been for several years c't'
zen and resident of the State Of Virginia; that the
said eight persons were her slaves, inherited and
owned by her and held to labor by her as her slaves
in that State under and by virtue Of the laws there
of: that intending to 60 with her said slaves from
Virginia to the State Of Texas an ultimate dest
nation, she necessarily took passage with her said
slaves on board certain steamship called the CITY
of Richmond at Norfolk in the State Of Virginia,
bound for the State Of Texas aforesaid; that by the
laws of Texas, she, the said Juliet was, and would
be entitled to the said slaves and to Their services or
labor in like manner as she was entitled to the same
by the laws of Virginia that she was compelled by
necessity to touch or land at the harbor of New
York without remaining or intending to remain Ion.
ger than necessary that she did not bring the said
slaves into the State of New York to remain there.
in. or in any manner or for any purpose whatever,
except IN transitu from the State of Virginia to the
State of Texas as aforesaid through the port or har-
Dor of New York on board of said steamship; that
the slaves so passing from Norfolk on board said
steamship, never touched, landed in, or came into
the harbor of New York, except for the mere pur-
pose of such passage aforesaid and that the said
Juliet Lennon was SO on her way, an transitu, as
aforesaid, With the said eight slaves in her custody
and possession when, the sixth day of Novem-
Der. 1852, the said writ of habeas corpus was serv-
ed upon her. Judge Paine, by his final order, now
under review, dated Nov. 18th, 1852, liberated the
slaves from Mrs. Lemmon's custody.
POINTS.
The ancient general or common law of this State
authorized the holding of negroes slaves therein
The judiciary never had any constitutional power to
annul repeal or set aside the law and, consequent
ly, it is only by force Of some positive enactment of
the legislative authority that one coming into our
territory with such slaves in his lawful possession
could suffer any loss or diminution of his title to
them as his property.
In every known judgment, argument opinion
of court judge counsel relating to the subject, it
is admitted in some form. that at an early period
negro slavery existed under the municipal law in
each one of the thirteen original States which FORM
ed this Republic by declaring its independence in
l776, and adopting its constitution in 1889. By
what means it had its first reception and establish
ment in any of them institution sanctioned by
law, may not be historically traceable; out in most
if not all of them, and certainly in New York, it
was expressly recognized by statute prior to the
time when the States themselves asserted their in
dependence.
As neither the political bondage nor the domestic
slavery which the European by fraud and violence
imposed on his white brethren had legal foot
hold in the territory now occupied by these States,
the inflated speeches of French and British judges
and orators touching the purity of the air or soil Of
their respective countries, whatever other purpose
they may serve are altogether rrevelan to the in
quiry what was or is the law of any State in this
Union on the subject of negro slavery.
The only argument against negro slavery found
in the English at all suitable for judicial TO-
rum rests the historical fact that it was unknoun
to the English law.
Lord Holt and Mr.. Justice Powell were Mr.. Har-
graves high authority for the proposition that hist
the common law of England recognised white Eng
lish slaves, vieins and the right of property in
them, yet it took no notice of negro" That
white man might "be villein in England, but
that as soon as a negro comes into England he be.
came free" 1t was NEGRO liberty that the Know
Nothingism of English and French law established.
English and French air had not its true enfranchs-
ing property till drawn through the nostrils of ne
Oro White clavec bod tyr;t fbo;r
status being at all affected
The judicial department has no right to declare
negro slavery to be contrary to the law of nature
or immoral, or unjust. or to take any measures, or
Introduce any policy for its suppression founded
any such IDEAS
The highest courts of England, and of this coun-
try, having jurisdiction over questions of public or
international law, have decided that holding negroes
in bondage, as slaves is not contrary to the law of
negroes.
In some of its FORMS slavery has existed in all
ages; and no lawgiver of paramount authority has
ever condemned it.
1t is usual to talk about slavery as existing only
by municipal law, as if this was popularity. All
human rights cognizable enforceable in human tri-
bunas, exist only by virtue of the municipal law of
that country in which they are claimed or asserted
The SO called law ofnature is that morality which
Its notions of policy leads nation to recognize as of
universal obligation, which it therefore observes it.
sell, ana so lar as it may, enforce upon others. It
cannot be pretended that there was in England
or that there is in any State of this Union law, by
any name, thus outlawing slavery. The common
law OF all these countries has always regarded it as
the basis of individual rights statute laws binding
in all Of them recognized and enforced it. 1t is on.
y in particular circumstances that it is positively or
negatively outlawed.
This court is only authorized to administer the
municipal law. The judges have no commission to
promulgate or enforce their notions Of general JUS
!lce, natural right, or morality, but only that which
Doct; and Student Dial oh. 10, 10; per Maule j.
l3 ad. & Ell. D. 5. 3s7 note
The negro never has sustained civilized social or.
ganzaton, and that he never can is sufficiently man
Hest from history, and is confirmed by the rapid
though gradual retr0gression Of Haxt towards The