The Jeffersonian Democrat. [volume] (Chardon, Ohio) 1854-1865, 1860-02-10
The Lennon Case.

peHuiug III tne NcW loIh OOuIt Va NP- !
peals, at Albany, and may yet be carried
10 the Supreme Court Of the United
States. Its history is briefly this:
In November, 1850 Jonathan Lennon,
with his vile and eight slaves, came to
New York from Virginia, to seek direct
passage TO Texas, where they pro-
posed TO settle. The presence OF the
slaves having been discovered, writ oi
habeas corpus was obtained from the Hon.
Elisha Paine, then Justice of the Su-
peror Court, but since deceased, in
quiring why the negroes were deprived
Of their liberty. Upon the return Of the
wit, and after full hearing Of the ar
gumrnts presented by Mr.. Lemmon's
counsel, Judge Paine ordered the slaves
to be discharged, and they were dis.
charged accordingly. Mr.. Lennon at
once carried the order of the Superior
Judge into the Supreme Court, upon a
wri: Of ceriorali, where, after contest
Of years, the general term affirmed the
original order. The case was, in 1857,
appealed to the present jurisdiction, where
il will be finally decided with the aid Of
the new ligh. afforded by the bred Scott
opinions"
The case involves the question, whether
a master has the right to hold bis slaves
while in transitu through Free Slate
Should it ever be brought before the Su-
preme Court as now organized, there is
little doubt that the decision would be in
favor of such right. What else ought
we TO expect from the authors Of the Dred
Scott decision
Mr.. Charles O. Conor. who distinguished
himself at the New York Union Meeting,
by defending the divine right Of Slavery,
is counsel for the plaintiff. No better
man could have been selected for that po-
sition. lie does not hesitate to take issue
with Blackstone, and all the other great
masters Of jurisprudence, in order TO
make clear case for his Southern mas.
ters. lie claims there is no law but mu-
nicipal law, and no municipal law in this
country, except such as the Slave Power
prescribcs. According TO this new legal
expounder, not only is Slavery national,
but Freedom has no righlful existence,
even in the Northern States. We quote
from his argument
Except so far as the State Of New
| York could rghtfulv, and without trans
cending restraints imposed upon her SOW
ereignty by the Constitution OF the United
! States, forbid the StakiS of slavery to ex.
st wihin her borders in the person Of an
African negro, and except so lar as she has
in fact. expressly or impliedly forbidden il,
by actual legislation. an African negro
may be lawfully held in that condition in
this State.
The Judicial department has no right
to declare negro slavery to be contrary to
tho law Of nature, or i'm moral, VI unjust,
or to take any measures or introduce any
policy for its suppression founded on any
such ideas. Courts are only authorized
> to administer the municipal law. Judges
!. have no commission to promulgate or en-
force their notions Of general justice,
natural right or morality, but only that
which is the lar of The land.
there is no such thing as law Of nature
bearing on the lawfulness Of slavery. or
indeed upon any other question in juris-
prudence. The law Of nature is in every
}, judicial sense, n mere figure Of speech
d In n state of nature, if the existence OF
k human beings in such n state may be sup.
posed, there is no law. The prudential
!, resolves of an individual for his own gov
. ernment, do not come under the demon
=. ina'ion of law. Law,in the forensic sense,
is wholly of social origin.
l. No civilized State on earth can maintain
the absolute oullawry of negro slavery
In some of its forms, slavery has existed
in all ages and no !aw.giver of para
mount authority has ever condemned it.
The opinion that freedom is the general
rule and slavery the local exception ehas
no foundation in any just view Of the law
asa science.
In fact, there is no violation OF the
principles Of enlightened justice nor any
departure from tho dictates Of pure be-
Levolence, in holding negroes in state o.
human slavery.
,f Negroes, alone and rnnided by the
W buhfulHnsulp VI aHoliIei iaCc, CdHHol suS
D, tain II civilized social state.
IL follows that in orGer TO obtain The
measure Of reasonable personal enjoyment
and of usefulness 20 himselfand others fol
which he is adapted by nature, the negro
= must remain in state Of pupilage under
Of the government of some other race.
=. Certain assumptions of untislavery ag
itators have been too much INDUCED by
i, " the moderate, peaceful and conservative
Nj Chief Justice Marshall let pass unoon
le demncd their irrelevant lrivialiiy abou
the law OF human nature, (6 Peters Cond
SO, 10, Wheaton ia. and Chief Justice
fancy comedies to them that the negr,
n. race, merely because denied ;heir prac
- lical rights, is 10 be regarded as "unlor
" tuuate" (l9 How. P. 4o7) and Gun
'e happy" Gb' b'4o9,)
x The special njuncions and guarantee
N of the Federal Constitution secure to CHI
20 zens Of the several States free intercours
y, with all parts of the Republic.
Even inter Slate comfy, IN its simples
oI form, awards free uansit 10 members @
O. friendly State with their families ant
-