The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-01-27
THE LENNON SLAVE CASE.
Argument OF Mr.. Evarta In the Court Of
Appeals.

SonoT anu MT EVarE, recognized Chh'nplons VI tuo
doctrines Sustained on each side drew large attendance
70 court yesterday and this morning Several ladies' were
present, and were accommodated with seats the
clerks desk. 1t eviden. that their sympathies, as
well as those of the majority Of tho present.
were with MIR. Evarts side.
Alter Mr. OConor (the principal points Of whose argu
nent forwarded yesterday had concluded his opening
Mr.. Joseph Blunt spoke for an hour and a half. Mr..
Evarts followed occupied the balance OF the morning
sion, continued his argument four O'clock aud had not
concluded when the Court adjourned, at six o'clock He
resumes this morning, and Sir. O'Conor viii close
Mr. EvARTs' ARGUMENT.
Mr.. Evarts devoted himself more exclusively to the
aspects OF the case especially as regarded that great
safeguard OF human freedom the writ Of habeas corpus,
which be said should be permitted to be nterfered
with by any considerations OF policy The ground taken
by for the State II Virginia. that citizens OF
slave State 10 have The right OF carrying with them
institution when passing through other ates
was one, he said which ioerered with the sovereign
~ OF the State OF New York. determining the POLITICAL
civil and social status Of within lis borders The
principal points Of his argument were-
That the writ Of habeas corpus belongs Of right every
person restrained Of liberty within this State, under any
preence unless by certain judicial Of
federal or State sutority-0 Rev. Stat, p 56S, S2l)
This right is absolute az against legislative invasion and
(2) against judicial discretion Cons. Art l, a. Rev.
Stat D. 565, 3l) In behalf OF human being restrain
ed OF liberty within this State the writ by legal
sy ISSUE The Office OF the writ is 70 enlarge tue
person whose behalf issues, unless legal be
shown for the restraint OF liberty its continuation: and
enlargement Of liberty unless such Cause TO the contrary
be shown flows from the writ by the same legal necessity
that required the writ TO be issued- Rev. Stat, 567,
S39)
The whole question of the case them is does the rela
ton Of slave and slave which subssed in Virginia
between Mrs Lennon and these persons while there,
attend upon them while commoran within this State the
course OF travel from Virginia to Texas SO rs TO furnish
illegal cause" for the restraint OF liberty complained Of
and so as TO compel the authority and OF this State
10 sanction aud maintain such restraint of liberty Legal
Of none other than authority 70
this state Nothing has claim, the authority Of
law within this State unless proceeds from the sove
reiguy OF the STATE ana rs onnd in the constitution
statutes OF the State, in its unwren common Tor
tonary) law; from the federal government, whose
constitution and statutes have the force OF Law within
this state So far as the law of nations has force within
this state and so FAR as by comfy the laws OF other
their efficacy not from their own vgor but by admins
taton as part OF the Law Of this State. (Sory Conf
Laws, is, 20, %. 2s, 20, 81, 30, 81, 49, Bank OF
rymple, Hagg. Consist Rep %. Drei Scott Sand
ford, 10 How, 460-i, 4s6-7) The constitution of the
United States and the federal statutes give no law on the
subject The federal constitution legislation under it
have in principle and theory, concern with the domes
tic institutions the social basis the social relations the
CIVIL conditions, which obtain within the several States
The actual exceptions special and limited, and prove
the rule They are
the States TO furnish artificial enumeration Of persons
the basis Of federal representation and direct taxation
dstributvey between the States.
reference to tho political rights Of suffrage within
the States respectively supplying the basis Of the fede
raj suffrage therein.
g. provision securing to the citizens of every State
within every other the privileges aud mmunites (what
they may beg accorded in each to its citizens.
provision preventing the laws or regulations of
any State governing the civil condition of persons within
it, from operating upon the condition of persons SHIELD TO
service or labor in one State under the laws thereof
escaping into another" (Const U. art l., g subd
and 3. Art 4, sec 2. subd. and 3. Laws of Slave
States, and Of Free States on Slavery FIX parte Sim
697. Groves slaughter, Is Peters, sos, 50s-5I0.
Prgg Va Penn, l6 Pet, 6ll-12, e22-s5: Strsder vs..
is peS Scott vs. sanSord c Vs. 5 asa Ns
son j., 45e, 4sl Campbell J.. $685., 5l6-l7.)
None Of these provisions, in terms or by any intend
ment support the right of the slave in his
State in any other State, except the last THIS by its
terms, Is limited 10 It's special case, aud necessarily
cludes federal intervention in every other The
law Of this State permits the existence of slavery
case within it's limits Cons, ART l, III; Sommersetts
case 20 How st. Trials, ri Knight vs. wsdaerbarn, i'd,
vey, Eden, l2e; the Slave Grace, Hagg Adm lis,
ic4; Story Conf Laws, 90; Co Lit, l24 b. The sta
prescription and prohibition Of the condition of slavery
within The limits of the state r 81, p $50, p $50
Gsx 1 P ess Sss :S Scott vs. Sanford 10
1t Remains only be considered whether under the
principles OF the law Of nations as governing the inter-
Of friendly States and adopted and incorporated
into the administration OF municipal law, comfy
qures the recognition and support Of the relation Of slave
and slave between strangers passing through
territory notwithstanding the absolute policy and com.
prcbepsve legislation which prohibit that relation and
render the civil condition OF slavery impossible in
society," The comfy Ia TO be observed under inquiry
~ Of the State and not OF the Court, which latter has
authority to exercise comfy in behalf OF the State, but
policy and actual legislation Of the State exhibit the conf
ty inquired Of and (2 whether the comfy extends 10
mastery OF the slave and the subsection OF the
slave. (Story Con Laws, IS. Blk. Augusta Earle,
Is Pet $50. bred Scott Sanford, 10 How, 59t)
The principles, policy sentiments public reason and con-
science and authoritative will Of the State regny
such have been expressed in the authentic form,
and with the most distinct meaning that slavery whence
4 YER
whatsoever transient stay shall not be tolerated upon
soil That the particular case OF slavery during transit
has not escsped the intent effect Of the legislation
the subject, appears the express permission
corded to It, and the subsequent, abrogaton OF such per-
peaing act Laws Is4i cn l47) Upon such declare
ton OF the principles and sentiments of the State through
It's LEGISLATURE there is no opportunity scope for Judi
clal doubt or determination. STORY Conn., Laws II SO,
81, %, a. Vstte, p. l, l,2) But, such mani
fest enactment Of the sovereign will the premises want
ing matter OF general and universal authority,
the status OF slavery upheld in the Of stran
gers, resident in transit when the domestic laws reject
and suppress such status as civil condition or social re-
laton The same reasons OF Justice and policy which for
bid the sanction Of law and the aid Of public force 10 the
prescribed status among our own population forbid them
in the case Of strangers within territory The status Of
slavery not natural relation but contrary nature
ana ut every moment il subsss. it Is aud
acnve vfoaton OF tue law OF nature-(Cons va, bu
OF Rights, y ], IA, l5) 1t originates in mere pre-
dominance OF physical force, and is continued by
predonnance OF social force municipal law When.
ever and wherever the physical force the STAGE
or the eocial force municipal law In the other
STAGE fails the falls has nothing TO rest upon
To continue and the status then within our terri
tory, the stranger must appeal to some municipal law
He has brought with him system Of municipal law
be weapon and shield to this status he finds such
system here His appeal TO force against nature to law
against justice, VAN and his captive is Free The law
OF nations built upon the law OF nature has adopted this
against right finding no support outside Of the juris
dicton OF the municipal law which establishes IT, State
prescribing the status Of slavery in its domestic system
has no apparatus either Of law Of FORCE to maintain the
relation between strangers II has code OF tho slave