New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-04-26
THE DIssRNTIRNTs I'm The LENNON

The position occupied by two OF tie dissennog
Judges of the Court of Appeals in the Lennon
case is neither very creditsole TO them, nor very
respectful TO the people of the State by whose sui
fraRes they bold their office. In case of such
magnitude and Importance, involving not only the
ctDsttutionality of an not of the New.York Lesis-
latuIe but most important question OK STATE
rights, DE- cent respect for public opinion woald
seem to have required from the dissenting Judges
an exhaustive consideration of the case full safe
meut Of the grounds on which their opinion was
founded, and q readiness to meet all toe conse-
quences of their opinion. Instead OF this Judges
Comsock and Selden shirk out of the responsibility
of their position, pleading, by way OF excase'
that they have not had time to give the
question the attention it deserves That
would have been very good reason for not giving
sny opinion at all, instead of which Judge Com'sock
does volunteer a decided opinion upon question
not before him. "that the act OF the Legislature on
"which the question in this case depends 10
wit: the act declaring that no person held as
slave shall be imported introduced, or brought into
this State on any pretense whatever, and that any
person so brought into the State shall be free" Is
" directly opposed to the rules of comfy ADD JUS
/" tee, which ought to regulate intercourse between
" the States of the Union" while Judge Soldsn
goes still further, regarding that act, not only as
ga gross violation of those principles of justice and
" comity, which should at all times pergade our
interstate legislation" but as 90 wholly incoasls
tent with the general spirit of our national COM
"pact."
Now, these are pretty serious charges to be made
BY these two Judges against en- act OF the Legsla-
lure of New. York, of which they do not venture 10
deny the constitutioDaliy, and which has tue warm
support and approval of large majority oil she
people. Having had time to come decidedly 70 the
opinion above expressed the "priociples oil justice
"and county" would seem to have demanded oil
these two judges that they should have ally
pointed out the grounds upon which they hold It,
and the extent which they propose to give to It,
Would these alleged principles fjustice and comfy
extend TO foreigners as well as to our Southern fe-
law citizens Would they be applicable to an IN
habitant of Cuba MS well as to citizen OF Flrglniaf
and if nst, why not! Justice aud comfy are gen.
orally supposed not to be dependent on territorial
boundaries, but upon general principles.
Whatever claims the citizens Of our Slayehoid-
ing States might have upon us by virtue of express
constitutional proyisiObs--if any such are to DO
fCund-it is difficult to conceive that on the mere
basis Of justice ard comfy they would occupy any
higher or stronger position than the Inhabitants OF
Cuba or Brazil. Since these Judges deem the good
people of New York 60 ignorant and mistaken az to
the duties imposed upon them by the principles OF
Justice and comfy, in relation to this question OF
.laveholdiDg, it wonld have been no more than a
piece Of comfy their part to have specified the
extent TO which they would have US go. Do these
principles Of comfy aud justice stop short with the
case of slaves brought to this State their way TO
O market or do they extend to all csses in which
shareholders might have occasion TO visit New
York Aud for how long time and to what
extent do the principles of justice and comfy, a.
uneentood By Judges COmstOck and Selden, operated
Would they require us to tolerate TIE erection hero
in New-Yoik Of slaye pens or prisons 10 accommo.
date the interstate slave-trade, where negroes
brought here for the purpose of being sold South
might be detained till purchaser appeared or an
opportunity for shipment occurredl Would they
demand of Us TO tolerate on the part Of the slave
holder here the same power over his slave which he
exercises at home Might a stakeholder here in
New York according to COmstOckian ideas OF JUS
tice and SeldoLian views of comfy, commit rape
on his female slave without any liability 70 be
called to account for itl Would the child Of fe-
male slave born here be born slave or born free
There is long list of questions like these that
would need to be answered before complete view
could be bad Of the extent of the duties which, ac
cOrdiDg to the ideas Of Judges Comstock aud Sci
den touching the Obligations Of justice and comfy,
would be incumbent upon us.
AS TO justice, we should Like to be informed how
justice can require us to allow in anybody that
which We regard as itself an act Of injustice IL
is upon the ground not merely of its nexpediency,
but OF ts essential injustice its conflict with those
doctrines of human rights which we have laid down
as the basis of our government and social state that
the IL gslature Of New York has abolished aud pro-
bibited Slavery. How then can justice require US
TO tolerate in visitors from other States that which
We have forbidden our own citizens to do on the
express ground Of its injustice Z To make out
their accusation against tho people aud the Leg sa-
ture Of New York, the first thing which it would be
necessary for Judges Comstock and Selden to do,
would be to prove the essential justice Of savshold
ing ard sayetrsdiDg before the question Of comfy
could come up at all, it would be necessary TO
make out those points; bat even if they were made
out, it would not by any means follow that c,mity
would require us to tolerate in strangers that which
is contrary to the policy of our own laws.
When was it ever before pretended that STATE
could be required by any notion of comfy to allow
its territory to be used BY strangers for the purpose