Short film recounts landmark New York court ruling to free 8 enslaved Americans

By Rachel Vick

An organization that preserves the history of the state's court system has teamed up with James Earl Jones for a new documentary detailing a landmark court case that freed eight enslaved African Americans ahead of the Civil War. 

“The Lemmon Case: 1852-1860, A Prelude to the Civil War,” is a seven-minute short film about a New York Court of Appeals decision that freed eight slaves brought to New York from Virginia in 1852. The case of Lemmon v. New York, also known as the Lemmon Slave Case, was settled in 1860, and featured future President Chester Arthur representing the state on appeal.
“The Historical Society of the New York Courts is proud to highlight this historic case at a time when the nation wrestles with issues of racial bias and access to justice,” said former Chief Judge Jonathan Lippman, president of the Historical Society. 
“The exhibit will appear in courthouse public spaces where those seeking the services of the courts will have an opportunity to learn about a positive step forward in New York’s legal history,” Lippman added.

Within weeks of their arrival in New York City in 1852, the eight African Americans, including six children, were ordered free by Superior Court Judge Elijah Paine. A New York Supreme Court affirmed the ruling in 1857, months after the U.S. Supreme Court ruled that Black Americans did not have constitutional rights in the infamous Dred Scott case. 

The Court of Appeals later ruled 5 to 3 to affirm the lower court decisions. The ensuing secession of Virginia at the start of the Civil War solidified the freedom of the women and children formerly owned by the Lemmon family.

Chief Judge Janet DiFiore said the case demonstrates “one of the earliest and proudest episodes in that history.”
“The New York State courts have a proud history of upholding fundamental rights and ensuring equal justice under the law,” DiFiore said. “The film highlights the significance of The Lemmon Case in advancing the abolition of slavery and brings to life a number of courageous citizens, lawyers and judges — Louis Napoleon, Judge Elijah Paine, John Jay and Chester A. Arthur — who helped rescue and represent the eight slaves without ever asking for a fee.”

An exhibit currently installed in the Westchester County Courthouse will travel to courts across the state once COVID restrictions are eased. 

The short film is available on the New York Courts website.

A new documentary tells the story of New York Court decisions that freed eight enslaved women and children in the year before the Civil War.  Photo via Historical Society of the New York Courts

A new documentary tells the story of New York Court decisions that freed eight enslaved women and children in the year before the Civil War.  Photo via Historical Society of the New York Courts