The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1860-05-10
The Lennon Case.

below, whereby Jonathan Lennon. cit
'zen of Virginia, was declared not cnti
tied to bring his slaves into and hold
them in Slavery within this State while
on his way with them to another Slave
: Statc-,hat is Texas--.Iud-e Wright
read a concurrin: opinion, which is un,
derstood to have expressed more exactly
the views Of the four Republican Justi-
ccs, VIM. B. Wri ght, Henry Wells,
William J, Bacon, and Henry L. Davies
Justices Thomas W. Clerkc, Samuel l..
Sc!dcn, and George F Com,tock (all the
Democrats on the bench except Justice
Dcuio--Corstock having been chosen as
an "An crican'' dissent from the decis-
ian Of the Court. Judge Clcrkc (of this
city) read an elaborate opinion on that
side, ofwhich the gist is as follows:
"To avoid the possibility Of misnp.
/ prenslon. | will briefly recapi,ulate the
positions which | hold in the foresoing
Opinion.
Every State is at liberty, in refer
encc to all, who come within its terrific.
ry, with the intent Of taking up their
abode in it for any length of time. to
declare what can, or cann.t, be held as
property.
As, however, by the law, or implied
agreement which regulates the inter.
course Of separate and independent ma,
tlons toward each other. all things be
longing to tho citizens of any one nation,
recognized as property by that law, are
exempt in their passage TIN ough the ter
r,tory Of any other, from all interference
and control of the latter so, a for'i"r;,
by the positive compact, which regulates
the dealings and intercourse of these
States toward each other, things hciong-
ing to the citizens of any one State, re.
cognllcd as property hy that compact,
are exempt in their passage through the
Territory of any other State. from all 10.
,erfcrence and control Of the latter
The right to the labor and service Of
PERSONS held in slavery is incontcstibIy
recognized as property in the Constitu-
tion Of the United States.
"That portion of the act Of the Leg
islature OF this State which declares that
slave brought into it belongin" to
person not an inhabi,an, of it shall be
free, is unconstitutional and void, so far
as it applies to a citizen of any other
Stote of this Union, where the right to
property in the service and labor of slaves
exists. who is passing through this
State, and who h., no Intention of stay
ing here moment longer than the cxi-
cences Of bis journey require
Judges Comstock and Selden only
say:
LENNON Tnx PEorir.
Comstock. Oh j J--OhSrr,ed in sub
Court, his time had been wholly occu-
pied in an examination Of other causes
argued at that term. TO this case, there.
fore, he had not yet been able to give the
attention which it's importance might
justify. H. had no hesitation in leclar-
ing it to be his opinion that the legi>la-
tion of this State, on which the question
in the case depends, is directly opposed
to the rules Of comfy and Justice which
ought to regulate intercourse between
the States of this Unlon and he was not
prepared to hold that such Legislation
does not violate the obligations imposed
on all the States by the Federal Consti-
tuition. Without, however. wishing to
delay the decision which majority of
his brethren were prepared to make. he
cor tented himself with dissenting from
the judgment
The People es rel. Lewis Napoleon Jonathan Lem
Sedcn, il have been prevented by
want of time, and the pressure Of other
duties, from giving to this case that
careful examination which is due to its
importance, and to the elaborate and able
arguments Of the counsel, aud am not
prepared, therefore, definitely to deter
mine whether the act of l>ll is or is
not in conflict with any express provis-
ions of the United States Constitution,
But, however this may be, | cannot but
regard it as a gross violation of those
principles of justice and county which
should at all times pcrvade our interstate
legislation, as well as wholly inconsistent
with the general spirit of our national
compact. While, therefore, am not
prepared at this time to give such rea.
sons as would Justify me in holding the
law to be void, am equally unpr.parcd
to concur in the conclusion to which the
majority OF my associates have arrived.
1T is pretty clear that If the Court
Of Appeals were now rs thoroughly
Democratic as it was very few years
since, the right Of rr,ry stakeholder 10
parade hi. coffles of human merchandise
through our streets. and call the roll of
them either in Bunke. Hill. Saratoga, or
any othcr battlefield of Liberty, would
have been fully established. That point
carried. who could say that New York
was truly Free State thereafter?
Only think of 1.-The gross violation Of
Justice and comfy involved in our State
law which declares every innocent man
found on her soil. and not a fugitive
from some other State, the owner Of
himself. If We do not repent and repeal
our law. my not Virginia BE- expected
70 make war on us?-Netc Fork 2rt
Juue