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To: nolu chan
Lemmon v the People was a case which foreshadowed Dred Scott. The Taney Court overturned a New York State statute which immediately freed slaves brought into the state. The decision guaranteed "sojourn and transit" and transit rights to slave-owners through free states. It did not address, to my knowledge, the issue of residence.
386 posted on 08/31/2004 2:55:12 AM PDT by capitan_refugio
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To: capitan_refugio
[cr] Lemmon v the People was a case which foreshadowed Dred Scott. The Taney Court overturned a New York State statute which immediately freed slaves brought into the state. The decision guaranteed "sojourn and transit" and transit rights to slave-owners through free states. It did not address, to my knowledge, the issue of residence.

You are one confused brigadeer.

The Lemon case never went to the U.S. Supreme Court and Taney never had any opportunity to overturn anything about it. You do have a vivid imagination, however. You managed to write about your non-existent SCOTUS case with great visceral feeling.

It was decided by the highest court of New York in March 1860 and the lower court ruling was upheld.

Eight slaves were being taken by their owner from Virginia to Texas. In 1852, the owner determined the fastest route was to take a boat to New York where they changed to a ship going directly to New Orleans. A Black dockworker in New York obtained a writ of habeas corpus on their behalf. The local judge ruled the "eight colored Virginians" were free the moment they entered New York. In 1857, a higher New York court upheld the decision. Virginia appealed to the highest court on New York which also upheld the decision. The eight former slaves remained free.

This directly follows the ruling in The Slave, Grace (1827).

Grace was a West Indian slave who was taken to England and then returned to Antigua with her master. In the English High Court of Admiralty, Lord Stowell found that Grace was still a slave. He found that her residence in England suspended her status as a slave and she could not have been forced to leave the realm. However, once she returned to a slave jurisdiction, the law of England no longer applied. Once she returned to Antigua, her status was determined by the laws of Antigua.

The ruling in Grace modified the earlier ruling in the case of Somerset v. Stewart (1772).

390 posted on 08/31/2004 5:50:25 AM PDT by nolu chan
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