The Lemmon Slave Case

Due to a law passed in 1817, all enslaved people in New York State were freed on July 4, 1827.

Congress passed the Fugitive Slave Act of 1850, which required enslaved people to be returned to slaveholders, even if the formerly enslaved were in a free state. 

In November 1852, the Lemmons traveled into New York State with their slaves. In that same month, Judge Elijah Paine of the Superior Court rules that the enslaved people brought into the State by the Lemmons were free under New York’s laws.

The U.S. Supreme Court decides Dred Scott v. Sandford, ruling that Black Americans, free or enslaved, were not citizens and therefore the rights of the Constitution did not apply.

The New York Supreme Court affirms Judge Paine’s decision. In New York, the State Supreme Court is an intermediate appellate court. 

The New York Court of Appeals affirms the lower court decisions, 5-3, freeing the enslaved people. The Court of Appeals is the highest court in New York State.

Virginia secedes from the Union, thus ending the possibility of appealing the case to the U.S. Supreme Court.