Report of the Lemmon slave case : containing points and arguments of counsel on both sides, and opinions of all the judges

New York (State). Court Of Appeals, Respondent New York (State)

Sujets

• Slavery
• African American

Informations

• Publié par: les_archives_du_savoir
• Nombre de lectures: 6
• Langue: English
• Poids de l'ouvrage: 11 Mo

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er DozenPriu^ 25 ; |1for ; $16 per Hundred.; -^ I \ APPEALS FOR THE STATE OFCOURT OFIN THE .^NEW YORK. NEW YORK,PEOPLE OF THE STATE OFTHE NAPOLEON,ON THfi RELATION OF LOUIS RESPONDENTS, AGAINST LEMMON,JONATHAN THE STATE OF VIRGINIA,A CITIZEN OF * '...v-^- APPELLANT. ARTHUR, Attorney the People.CHESTEE A. for WJLLIAM M. EVAKTS, \ Counsel.JOSEPH BLUNT, [ Of CULVER,E.D. ) LAPAUGH, Attorneyfor Appellant.H.J). ' Q/" Cimw^fZ. ..'CHARLES O'CONOR, - "' HISTORY OF THE CASE. : ' Is November, 1852, Jonathan Lcmmon and Juliet, his wife, having been that time, citizens and re-identsbefore of the State of Virginia, brought eight colored persons, who had been held as slaves of Juliet Lemmon, pur- suant to the laws of that State, into the port York, for theof New purpose of taking them to Texas, to be there retained as slaves. They had adopted, as theirmode of travel, forthe whole party, the steamer from Norfolk to New York, witli the intention of remaining in New York until a proper vessel couldonly be obtained, to continue their journey. Meantime the slaves were landed and conveyed to a boarding house at No. 8 : THE LEMMON SLAVE CASK.4 street, where they were discovered hj a colored man named LouisCarlisle Napoleon, who thereupon presented a petition to the Hon." />

"n
. Court of liptnls.
REPOET
OF THE
LEMMON SLAVE CASE*
/
COXTAIXING
POINl^ AXD ARGCTMENTS OF COUNSEL ON BOTH
SIDES, AND OPINIONS OF ALL THE JUDGIIS.
NEW YORK :
HORACE GREELEY & CO.
1861.
Centt Five Copiet $2 j>er DozenPriu^ 25 ; |1for ; $16 per Hundred.;-^
I\
APPEALS FOR THE STATE OFCOURT OFIN THE
.^NEW YORK.
NEW YORK,PEOPLE OF THE STATE OFTHE
NAPOLEON,ON THfi RELATION OF LOUIS
RESPONDENTS,
AGAINST
LEMMON,JONATHAN
THE STATE OF VIRGINIA,A CITIZEN OF
* '...v-^- APPELLANT.
ARTHUR, Attorney the People.CHESTEE A. for
WJLLIAM M. EVAKTS, \
Counsel.JOSEPH BLUNT, [ Of
CULVER,E.D. )
LAPAUGH, Attorneyfor Appellant.H.J).
'
Q/" Cimw^fZ. ..'CHARLES O'CONOR,
- "' HISTORY OF THE CASE.
:
' Is November, 1852, Jonathan Lcmmon and Juliet, his wife, having been
that time, citizens and re-identsbefore of the State of Virginia, brought
eight colored persons, who had been held as slaves of Juliet Lemmon, pur-
suant to the laws of that State, into the port York, for theof New purpose
of taking them to Texas, to be there retained as slaves.
They had adopted, as theirmode of travel, forthe whole party, the steamer
from Norfolk to New York, witli the intention of remaining in New York
until a proper vessel couldonly be obtained, to continue their journey.
Meantime the slaves were landed and conveyed to a boarding house at No. 8:
THE LEMMON SLAVE CASK.4
street, where they were discovered hj a colored man named LouisCarlisle
Napoleon, who thereupon presented a petition to the Hon. Elijah Paine,
then one of the Justices of the Superior Court of the city of New York, for
Habeas Corpus, for production colored persons beforea writ of the of the
him, to inquire into the cause of their detention.
The petition presented was as follows :
any Jtistice the Supreme Court the State yew York, or to anyTo of of of
Judge the Superior Court the City Nevs York:of of of
The petition of Louis Napoleon shows, that seven colored persons, a man,
females, andtwo four children, whose name-> are unknown, are, and each of
them was yesterday confined, and restrained of their liberty, on board the
"steamer Richmond City, or City ofRichmond," so called, in the harbor of
New York, and taken therefrom last night, and are now confined in house
No. 5 Carlisle street, in New York, and that they are not committed or de-
tained by virtue of any process issued by any court of the United States, or
by any judge thereof, nor are they committed or detained by virtue of the
finaljudgment or decree of any competent tribunal of civil or criminal juris-
diction, virtue of any execution issued upon such judgment oror by decree.
That the cause or pretence of such detention or restraint, according to the
best of the knowledge and belief of your petitioner, is, that said persons so
restrained, are held under pretence that they are slaves ; and that they have,
as your petitioner is informed and believes, been bought up by a negro tra-
der or speculator called Lemmings, by whom, together with the aid of the
man keeping the house, whose name is unknown, and of an agent of said
Lemmings, whose name Is unknown, and in whose custody they were left as
such agent, they are held confined and that the said negro tra-and therein,
der intends very shortly to ship them for Texas, and there to sell and reduce
them to slavery and that the illegality of their restrainj; and detention con-
;
sists in the fact, as your petitioner is advised and believes, that they are not
slaves, but free persons, and entitled to their freedom. That your peti-
tioner cannot have access to them, to have them sign a petition but they
;
desire their freedom, and are unwilling to be taken to Texas, or into slavery;
.and that their place of destination Las been changed since the papers issuing
herein.
Wherefore your petitioner prays, that writ of Habeas Corpus issue, di-a
said house, whoserected to said Lemmings and the keeper of name is un-
known, commanding them to have 1;he body of each of said persons above
and so confined aforesaid, before Elijah Paine,mentioned, as one of the
Justices of the New York Superior Court.
Dated sixth day of November, 1852.
His
Loins -|-
. Napolkox.
mark-
was allowed on the foregoingA writ ofHabeas Corpus petition by Mr. Jus-
tice Paine, on the sixth day of November, 1852, and the eight colored per-
brought up before him, viz. Emeline,sons were thereupon : aged twenty-
three Nancy, aged twenty Lewis, brother of Emeline, aged sixteen; Ed-
; ;
ward, aged thirteen years; Lewis andbrother of Emeline, Edward, twins,
boys of daughterNancy, aged seven years ; Ann, of Nancy, aged five years,
and Amanda, daughter of Emeline, aged two years.
Mr. Lemmon return to the writmade the following
1/
Jonathan Lemmon, respondent, above named, for return to the writ of
Habeas Corpus issued and shows, that the eightherein, states slaves or per-
Bons, named in sa'd writ of Habeas Corpus, are the property and of Ja-rre HISTOET. ' i'V-' ; 6
Het Lemmon, the wife of this resppndent, for whom they are held and re-
respondent.tained by this
has been the owner of such seve-That the said Juliet persons as slaves for
ral years last past she being a resident and citizen of the State of Virginia,
slaveholding State.a
virtue of the constitution and theThat nnder and by laws of the State of
persons, forVirginia, the aforesaid eight several years last past, have been
and now are held or bound to service or labor as slaves, such service or labor
such slaves to the said Juliet, nnderbeing due by them as and by virtue of ..
the constitution and laws aforesaid.
That the said Juliet with her said slaves, persons or property, is now in .-
transit, from the State of Virginia aforesaid totransitu^ or the State of ,
'Texas, the ultimate place of destination, and another slaveholding of
United States of America, and that she was so on her way in tranntu,the
otherwise, at the time when the aforesaid eight personsor transit, and not
or slaves were taken from her custody and possession, on the 6th day of
November instant, and brought before the said Superior Court of the City
of New York, or one of tho justices thereof nnder the writ of Habeas ,^
Corpus herein.
That by the constitution and the laws of the State of Texas aforesaid, ;.
the said Juliet is and would be entitled to the said slaves, and to the service
or labor of the said slaves or persons in like manner as they are guaranteed
the constitution Virginiaand secured to her by and the laws of the State of
aforesaid.
That the said Juliet never had any intention of bringing the said slaves
she didor persons into the State of New York to remain therein, and that
not bring them into said State in any manner nor for any purpose whatever,
except in transitu, or transit from the State of Virginia aforesaid, through
ofthe port or harbor of New York, on board of steamship, for their place
destination, the State of Texas aiforesaid.
•That the said Juliet, such persons, was,as owner of the aforesaid slaves or
at the time they were taken from her, as aforesaid, on the writ of Habeas
Corpus, and she thereby deprived of the possession of thera, passing with
through said compelled bythem the harbor of New York, where she was
necessity to touch or land, without on her part remaining, or intending to
remain longer than necessary.
That the said slaves have not been bought up by a negro trader or specu-
lator, and that the allegation to that effect, made in the petition of one Louis
andNapoleon, above named, is entirely untrue ; that the said Juliet is not,
never was a negro trader, nor was, nor is, this respondent one.
That the said persons or slaves were or received said Julietinherited by
lateLemmon, as heir at law, descendant or devisee of William Douglass,
of Bath County, in the State of Virginia, aforesaid.
That it sell theis not, and never was, the intention of the said Juliet to
said slaves, as alleged in the petition of the relator, or to sell them in any
manner.
This respondent furtlier eight personsanswering, denies, thatthe aforesaid
are free, but on the contrary shows tliat tiiev are slaves as aforesaid, to whom,
and to whose custody and possession entitled. Respondenttlie said Juliet i»
* farther shows, tljat Norfolk, thethe said slaves, sailing from tlie port of in
said State of Virginia, on board steamship Richmond City, neverthe
touched, landed, or came into of New York, except forthe harbor or State
the mere purpose of passage and transit from the State of Virginia aforesaid
to the State of Texas aforesaid, other purpose, intention, objectand for no
or design whatever.
That the said Juliet with her said slaves was compelled by necessity or
accident, to take passage in the steamship City of Richmond, before named,
from the aforesaid port State of Virginia for State ofof Norfolk and the
Texas aforesaid, the idtimate place of destination.)
THB6 LEMMON' SLATE CASE.
That the said slaves are not confined or restrained of their liberty, against
their will, by this respondent, or the said Juliet, or by any other one ou her
behal£
JonATHAK LeKMOH.
Bnhscribed and sworn before me, this
9th day of November, 1852.
(
E. P