The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-01-26


ing, the metropolis has no sympathy with
such doctrines as those which have been pro-
mulgatcd by himself in the Helper book, philo
sophieally illustrated by Seward in the bloody
and brutal Rochester manifesto, aud prac-
tioaily exempliGed by John Browns raid into
Virginia. The metropolis Is consery ative to
the core, as viii be ascertained from its vote
next November.
Tho LemmoA SLAVE Case-Its Faaal Adju-
dioesion IN TAAs state.
In another page We publish today the argu-
ment Of Charles O'Conor in the Lennon slave
case, which is now being heard for final adjudi-
cation in the New York Court Of Appeals at
Albany. 1t is case Of tho deepest interest,
and on its decision, at this critical moment,
depends. in q great degree, the peace of the
country.
Preceding the argument, we give history
of thu case, from which it will be seen that the
plaintiff, Jonathan Lennon, citizen of Virgil
mia, was robbed of his property in eight slaves in
this city, in November, 1852, under the forms Of
State law, in coatravention to the paramount
fundamental law of the land-the constitution
of the United States. This robbery took place
while he was travelling with these slaves from
Virginia to Texas, by way of NewY York. He was
here IN transite., and it was claimed that by the
mere fact OF the slaves touching the soil of this
State they became free, being brought here by
their owner, and not fugitives. Judge Paine,
of the Supreme Court, endorsed the validity of
this claim, and set the slaves at liberty
upon writ Of hobeas corpas-being the
first time such decision was ever rendered in
the United States. The merchants of New
York engaged in the Southern trade raised a
subscription Of $4,000 to compensate Lennon
for his slaves, and the abolitionists raised mo-
ney to send the emancipated to Canada Lem
mon returned to Virginia, and abandoned the
idea OF prosecuting his claim further; but not so
the State Of Virginia. In consequence of
strong special message from Governor Johnson
to the Legislature, the Attorney General of the
State was directed to prosecute an appeal be-
fore the General Term of the Supreme Court
of New York; and such was the excitement
produced at the South that the Governor of
Georgia declared that he regarded an adher-
ence to the decision of Judge Paine as "iust
cause of war; After several postponements,
illustrating the laws delay, the case was at
last argued in December, 1857, before the Gene
raj Term of the Supreme Court, which affirmed
the decision of Judge Paine. The plaintiff then
appealed to the Court of Errors, and it is only
now that the case is reached-upwards of seven
years after the wrong perpetrated In our city.
This was not respectful to the Stale
of Virginia, which is virtually the
plaintiff, Apr is it calculated to impress the
people Of The South with any strong idea Of our
promptitude in rendering them justice. The
case now comes on at mostinopportune time,
unless the Court of Appeals redeem the origi-
nal injustice and the long delay of redress by q
decision in favor of the plaintiff. Most unfor-
tunate will it be If the judgment of the Court
below should be affirmed. 1t is true that tho
case can be carried up to the Supreme Court
of the United States-the Court of last resort
t,lat IL ia highly probable Justice will he
rendered by that Court, in conformity with Its
decision in the case of bred Scott. But that
will not undo the mischief that may be caused
in the present crisis, by the highest legal au-
thority in the State of New York multiplying the
constitution of the United States and the acts of
Congress, by depriving a STAKEHOLDER of his
property.
The eyes Of the Southern people are directed
to this case; and as it is the last feather that
breaks the camel 8 back, an adverse decision may
have tho rnoef I;coatroua offoot IN tho rroco1k
tone and temper of the public mind at the
South. But if the decision should be favorable,
it will only be barren victory, for the slaves
are fugitives in Canada, and are not within the
jurisdiction Of the Court. Nor are we aware of
any provision of law by which their value can
be recovered from this State.
AS for the justice of the case, it is all on the
side of the plaintiff, as is shown by the learned
argument Of Mr.. OConor, one of the most mas
terly forensic efforts ever put forth in q court
of justice. He takes the high ground which
ought long since to have been taken by North
ern statesmen, and he effectually disposes of the
false assumptions and dicta Of Judges, from
Lord Mansfield down. Instead of admins
tering the law as they find it, they usurp the
authority of the Legislature, and make Law &C.
cording to their notions of what it ought to be.
The constitution Of the United States guaran.
tees to 1.-THE citizens of each State that they
shall be entitled to all privileges and immu-
mites Of citizens in the several States"
Lennon was, therefore entitled. in vir-
tue OF his domicil in Virginia. to pass
through this State with his property without
any more molestation or interruption than he
would have suffered in his native State. But
Judge Paine and the Supreme Court have
taken it upon them to decide otherwise, be-
cause, forsooth, they think this ought not to be
the law. What the Court of Appeals will do
remains to be seen; but we hope it will rescue
from disgrace the judiciary Of New York, and