The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-10-03
The Lsmmon Slavs Case.
guPRK6u COURT aKNERAL TERN.

The Lsmmon slavs Case.
guPRKNY COURT 0KNERAL TERM.
SECOND
Dsfors The Five Judges
On. 4-7Ae People, at ne Relation II Louis w. BoWs-
pdste % Jonathan Lem~on when NJ OCoaoy bad ooa-
oiudsd his argument FOR Ne sas q Virginia, hr w.
Evarn commenced the part Of the People Of New York
He nd as On the sixth day Of November 1884, Jonathan
lennon and Junes hs Wife, before thaa time dssss Of
Ne Hass q Virginia, and there domiolsd, thsir wsy
the STATE OF Texas, with Tho intention there 70 a.
tablish nav domicn, were in the city Of New
York, having with thsm eight ooloTed persons.
These persons, in Virginia, Under Vie laws
thereof, the slaves Of said Juliet, and shs and
her husband proposed take them 70 Texas and there
retain hsm slaves Of the said juliet The route and
themselves and their slaves, by steamer from Nor
folk In Virginia, tho port Of New York, and taeuoo
q travel, hey and their slaves had reached The
city OF New York, and awaiting the OPP
Of s Sn no nsGSa On sAs
persons should remain In New York for any osher me
for any o.her purpose than until opportunity sho4d
present TO take passage for I'll for Texas.
writ OF habeas corpus behalf Of these eight ooosed
ssued by NJ Justice Paine, Of the Superior
Court 70 inquire into the cause Of their detention, and
slaves Of his wife Juliet in Virginia. and that she held
tsem - such In New York In transit nom Virginia
the restraint Of tho liberty Of eight Soored per
sons, tho people demurred, and After argument, Mr. Jus
,ce Paine set them large mo respopden Jonathan
lennon, brought the proceedings BY ceriorAz into this
Onurt.
Frat Poin-The writ Of habeas corpus belongs Of rsh.
70 every person restrained VI liberty within this State
der any preence Whatsoever unless BY certain judicial
process OF federal State authority This right absolute
against ega alive invasion, and against judicial discretion
In behalf of human being, restrained OF liberty With.
In this State the witt by legal necessity, must issue
the once Of the VII! 70 enlarge ne person In whose
sTAnt Of liberty IL continuation; and enlargement Of
liberty unless such 10 The contrary be shown 1ows
from the writ by the same legal neoessy thSs required the
second Pon'-Tns whole question of the case, then, ID,
does fhe relation Of sAveo lave, whch
ed in yirsois between Mrs. Lennon ana these persons
while there attend upon them while commorsnt within
his State in tne Course OF travel from Virginia %
Texas furnsh illegal cause for tae re,trans OF
liberty complained or and so - 70 compel the authority
and power OF thr state TO sanction and maintain sach
straint Of liberty
third Point lit remains only 10 be considered whe.
ther, under the principles OF the law OF nations, Is
governing inc inseIcoaras ., ireodiy Saes, and a.
municipal Law, comfy requires the recosni ion and
suppcri of The relation OF veo sner aud slave between
strangers paasit through our territory notwithstanding
the absolute poll ~ Snd comprt henrive Legislation which
prontis thai alton and the civil condiuoR Of
very mpossoie In oar own society.
Ire comfy, II TO be observed under Inquiry 10 OF
the Sat- and moi OF the Court, which latter
thory else comfy in behalf Of the Sse, but only
)4dicis poo Of rmnint whether the main policy
and actual gflAon Of the STATE exhibit tie comfy
CURED Of ~nesnr hs comfy extends to Telans the
klAye = and the SC bieo.ion Of the slave.
The principles policy, sent mems pubic reason and
science, and antaornatve VIII OF me STATE sovereignty,
sucn have been expressed the authentic
with the nos distinct meaning, tina; slavery, whenceso
comes and by rhaoever casual access fer rha
transient stay email not be tolerated ip0n soil
That The particular OF slavery during transit has
escaped ,he intent elect Of she subject
appears express permission once 70 t. and
The subsequent abr CATION OF Fuch per missi N.
Upon sucn . declaration Of the principles and scnu.
men,s OF the State through ia legislature there no OPP
rpity faEu cia dauh df4ar
Bat, such manifest enactment Of the sovereign viii
In the premikee wanting, ~ matter OF general reason
and universal futnorty, Tue status OF slavery
upheld In The OF strangers .rsnrt when
the domestic Ia rs rejec and suppress such status
civil condition or fccial relation.
ne Law OF nations buin UPON the law OF ns.ure has
adop,oo .his view CT to status Of slavery resting
force right and nndiDg support outside Of
The jurisdiction Of The municipal law which eeiab
lisbos It, Safe prosciiIng the status Of slavery
In Tvs domestic o. has appa a!us, either OF Lag
Of force, MAINTAIN the relation between srangers It
bss OF the sAveowpers rights o; slaves
subm processes fer the enforcement OF either
rules Of evidence soaccaon In me promises guard
nouset prlions whipping poss 10 uphold the slave
owners power and crush The slaves resistance. Bat
comfy which snond recognise status that can subsist
only by force, and OF reuse the force 70 sustain H. "a IL
u,ory. recognise the i.Asmen Of slavery imporlsd
by The stranger sdop: fabric OF which il
fragment and from which II derives It's vitality. III The
slave be eoigped by fraud or force The owner mat
have rsplevin for him or troyer for his value.
the owner ole tue sarrogsie must Administer the ssve
asseu. II the sisye sive BIRTH 70 offspring, have
native born axva II the owner enforcing obedience 70
hs caprices MAIN say his slave, admit the
s'atss plea In bar 10 me public junce. The slave
be tried for crime, pom complaint,
mony OF h feDo~ slaves must be excluded II the slave
be mpr oLed executed for orims the value take by
Sale ut be made good 10 the owner fer prvate
property .sken for public use Svery tang nothing
the densad from oar cony every thing nc,hEg must
- answer.
The rule OF the law OF nations which permits the transit
OF stTAngerS and their property through friendly Safe
does require laws 70 uphold tie relation Of slave
owner and slave bet. cen strangers.
By tae av OF nations Tot Tho raojcct o, proper
~ BY the lAv ons the municipal as which max
men Tie sutJec! Of properly u iied vita tae possr %
enforce eu-thAt Is BY M territorial jurisdiction By ths
Law CT rAous them the strangers ssand upoa soil in
her natural reisto ns a. men, their artificial relation benz
Absolutely terminated.
The principle OF inc law Of nsous which attributes to
the law q tho comc the power 10 TX the civil sdtS OF
persons does no, require sws to uphold, within
territory, the relation OF skyeo Nner AID slave be
tween k.raf gers
This principle only requires 10 recognize tho cou
sequences In reference 10 subjects within jvrt-
dcon $50 far may be done without prejudice 70 domes
tic rteress), Of The act1 exiglng abroad; and where
permissole ~ domesiis Eda 10 recognise the foreign
Law authentic origin and support OF the sc,uh s0.s
II hLs thai marriage contracted 10 foreign domcil
eordiDg 10 The municipal law mere, viii be maintained
buing marriage here, with srch uau ~ belong 10
that relation here; Jet iIcesluonf marriage or poygamy,
ls~ful In tie foreign tomic, carno, be uphold ~ Law
FOL continuing RELATION here. Ths FREQ and sovereign
Sla.e, In deter mining 70 which or two external lava IL
will by comfy add the vEor Of lz adoption and admins
traitor within its territory viz foreign municipal Law
Of foroo ng.rrt right or he Law OF raops ccnos,cd 70
It's aoiaestc policy undeT tho Impulse which has
purfed lie system OF tDc od5us and violent Injustice
q slavery, V prefer The Ar or Nations 70 lhc Ian OF
Virginia, and set The slave free.
Tho aI9umen; was adjourned 10 kondsy next
Excise Commissioners.