Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1860-02-11
o'coNNER ON THE LENNON CASE.

paVo reUu OF uehTut We VhuuuN NuIuh uim u hWyNt
Of the highest order. lie Possesses what Ca--
lyle calls The sbarp-a,torney intellect" which is
subtitle. ingenious, persevefing and indelatigable
which splits hairs and draws wires bot he
does not possess that character of mind which
srssps fundamental priuci pies. nor those generous
and manly impulses which are as necessary to the
great lawyer as they are to the great statesman or
the great man. While ho is infinitely superior to
the Oily Gammous and Snaps Of his tribe, he has
yet little in common with its Blackstones, Mans.
fields, Broughams, Romillys, Marshall., Storys
and Osdens.
All this Is singularly oxcmplifed in his Mgu-
men, Il tho Lennon case, which is now before
the Court Of Appeals Of this state, and TO the mer-
its Of which he has already devoted several years
Of study and discussion. Tho issue is n simple
one -whetber a STAKEHOLDER Of Virginia, or any
other slave state, has right to carry his slaves
through the state of New York on his way to Tex
or any other state, where he means to continue
them 10 slavery. 1t will DO seen that the determ.
inaticn Of it depends upon two questions: first,
what the legislation Of The state of New York may
have been on tho subject aud second, whether
that legislation was ia accordance with its own
constitution and the constitution Of the United
Ststes.
As to the law OF this state, the statutes would
seem 20 be too explicit, to admit of any doubt, even
among a leet of petifcggers. As early as 1917 il
was enacted by the legislature that every person
born within this state, whether white or colored, is
FREE and every person brought into this state as
a slave, except as authorized by this title, shall be
free" Again, the same year. it was enacted
uNa psrsnn lalj as n sl,ra shnil he in,ncrtad in
PRODUCED. or brought into this state. on any pre-
tence whatever, except in the cases hereinafter
specified. Every such person shall be free. Every
person held Us a slave, who hath been introduced
or brought into this state contrary to the laws ia
force at the time, sha al be Free" Among the ex-
e~eptions to these sweeping declarations Was that
of a traveller with his servants, who was allowed
foreman nine months, but by "a law of 1871 oil
these exec ptions were repealed, and the statute
stands absolute and unqualified, that every person
who is brought within the limits Of the state Of
New York is from that moment a free nan.
Now, it cannot be denied that, as q sovereign
state, New York has a perfect right to decide the
condition of all her inhabitants she has the same
RICH. TO do this that South Carolina has to sanction
slavery she has a perfect right, also, to declare
Nuas pSIs'u u tu4bSS hhi SOmo hlNhlh Juiio-
dictiou. If the poor-houses of Great Britain or
Holland yomit their paupers upon US, New York
forthwith sends them back. II q shipload Of vel.
low fever or smallpox patients arrives in the low
er bay, New York keeps them there until they are
dead or purified. This she does in virtue Of her
power as o severely state, and by virtue OF the
same sovereignty. when the stakeholder would in-
troauce his nuisances into ths state, New York
either bars them out altogether or discharges them
Of their injurious character. Every other state, 10
the exercise Of q sound discretion or policy, may
DO the same; California, for instance, if she should
conceive the arrival Of a large number of Chinese
at San Francisco opposed to her best interests.
might prohibit them coming, just as Alabama or
Louisiana can prohibit the coming Of the VIC rn-out
coolies from Cuba.
The only question remaining, then, is whether
New York, or the other states, has surrendered
any part of this sovereign right to the federal gov
eminent; or, in other words, whether the cousti-
tuition of the United States imposes any restraint
upon the exercise of the right. Mr.. O'Conor pre-.
tends to find such q restraint, first, in the clause
which empowers Congress ITO regulate commerce
among tho several stales," and second, in the clause
which guarantees ITO the citizens Of each state the
privileges and Immunities of citizens in the sever
oil states :" but Mr.. O'Conor has too much good
sense to urge these bubbles ut length. For. after
putting them forward, he himself withdraws them.
in fact as to the first point, he says. "the doctrine
does not preclude a state from exercising absolute
control over all trading of any kind within her
borders. nor !ro& any precautionary regulations
for the preservation Of her citizens, or their prop
-. r. 90. a.. ,:.l ..u ~. ILL., 49,
might be dangerous or injurious to their health,
morals or safety" admitting oil that is asked and
again, as the second point. he does not claim .ba,
a citizen of Virginia coming into New York should
have greater "immuni,ies and privileges than the
citizen of New York. Bat as the citizen of New
York is not allowed to bring slaves into the state
with what ~propriety can i. be contepded that, un
der this provision of the federal constitution. the
citizen of Virginia should be allowed to DO SO?
Nr. O'Conor readily perceived that he had nc
fOct TO stand upon. and he amused himself and The
court he addressed by airing his eccentrieity aud
paralogisMs. Principles Of Law. which base res.
er been questioned since the days OF Justinian. he
questioned with the Ross ian pext2rbabls nsnchal
sn<A lie. raped Blackstone and Mansfield over
Abe knaekles "a ~banslers. and animated that Mar
ehali vas toe tendeT-hearted by halt. lie deDisc
she existence Of suy 'lav Of nature" which court,
ought to regard, sad be asserted that there wa.
no properly, except that which was made SO b,
law. Property in slaves, he argued, was precise
Iy Of the same nature with all Othe property, ant
he pitched bis doctrine Of inter state comfy 81
high as to contend that. go long as any state shooiC
uphold the existence Of slavery. no ei,ixcn Of th.
United States had a right to question it's moral in
sesrity, or ito claims to legal recognition. A hun
dred ether sassues Ct the same kind are scattered
shreugh has bTief. ~sSswfns his Ingenuity, and a
.he same time how impossible it vas for hin I,
make a respectable defence Of bis cese.-N. ?
Post.