OF THE OBERLTIN-WTVELL6IINGU O1t- SCUET. ___ 4 VIEW OF THIE JAIL AT CLEVELAND, OHIO, WHERE THE F RISONERS WERE CONFINXN.E, COMPIL'ED BY J A COB R. S H I P tI E R D. WITH AN INTRODUCTION BY PROF. HENRY E. PECK, AND HON. RALPH PLUMB. ~8S 1Pt O.. 1 PUBLISHED BY JOHN PB JEWOET-AND COMPANY. CLEVELAND, 0HIO: -.::' H E N'R Y P. B. J EW E T T NEWV YORK;::?-' SHELDON AND COMPANY. 185 9: II ST O B 7 OF TIHB OBERLIN-VELLINGTON RESCUE. VIEW OF THE JAIL AT CLEVELAND. OHIO, WHERE TEE PRISONERS WERE CONFINED. C O MPILED B Y J A C o RB R. S HI P H 1E R Do'. WITH AN INTRODUCTION BY PROF. HENRY E. PECK, AND HON. RALPH PLUMB. BOSTON: PUBLTISHED BY JOHN ~ P. JEWETT ANTD COMPANY. CLEVELAND, OHIOS WERE CONFINED HENRY P. B. JEWETT. NEW YORK: SHELDON ANDI) COMPANY. 1859. Entered according- to Act of Congress, in the year 1859, by JOHN P. JEWETT AND COMPANY, In the Clerk's Office of the District Court for the District of Massachusetts. C A RM B PR ID G E: ALLEN AND FARNIIAM, ELECTROTYPERS AND PRINTERS. TO THE THIRTY-SE'VEN INDICTED, gni tQ tll WHIO WITH TIEM BELIEVE IN THE.DOCTRINES OF.TtHE DECLARATION OF AMERICAN INDEPENDENCE, IS AFFECTI.O NXATELY INSCRI B E D. BY THE COMPILER. (3) TABLE OF CONTENTS. PAGE INTRODUCTION.., e *., - -... v........., Vii FIRST WORDS.....,? * * *. ix HISTORY OF THE OBERLIN-WELLINGTON RESCUE.......... CHAPTER FIRST. Wellington - Oberlin - The Rescue - The Grand Jury - The Arrests - Appearance in Court- Cases continued —" The Felons' Feast" —The Arrest of Liacoln —Winsor's voluntary appearanceCiummings arrested —Six still at large-Cases continued from March to April —Thd "struck" jury. e........... 1-13 CHAPTER SECOND. Trial of Bushnell begun - Lowe arrested for kidnapping- The traverse jury —The indictment - The law - The Constitution - Testimony of Bacon; of Cochran; of Jennings. - Second Day - Jennings's testimony continued -Testimony of Bartholomew; of Halbert; of Wood. - Third Day — Testimony of Wheeler; of Mitchell; of Irish; of Farr; of Meachain; of D. L. Wadsworth; of Bennett. - Fourth Day — Testimony of Bennett continued - Testimony of Kinney; of Marks; of Wack; of O. S. Wadsworth; of Worden; of Whitney- Bacon recalled -Prosecution rest -Witnesses for the defence —L. D. Boynton; Shakespeare Boynton. — Fifth Day —Testimony of Prof. Peck; of Plumb; of Fitch; of Dickson; of Patton. - Sixth Day- Patton's testimony continued- An officer of the Court on the jury-Testimony of Howk; of Butler; of Cox; of Weed; of Pelton; of Brokaw; of Elliott; of Beecher; of Bunce; of Johnson; of Wall —Defence rest. — Seventh Day —Prosecution resunze the examination of witnesses —Wood recalled —Testimony of Gaston - Worden recalled - Testimony of E. A. Munson; of E. P. Dodge - Marks recalled — Mitchell recalled - Jennings recalled - Testimony of Pierce; of H. Dodge; of Kellogg; of Dewey; of E. F. Munson; of J. S. Dodge - Wack recalled - Testimony closed - Argument of Judge Bliss - Argument of Mr. Riddle —Argument of Judge Spalding- Argument of District-Attorney Belden — Judge Willson's charge to the jury - Special charges - The Verdict —The ", struck' jury to try each of the Thirty-seven - Twenty ordered to jail for taking exceptions to such a jury - Inside view of prison life —Prof. Peck's Sermon-" A Voice from the Jug" — Why they were sent to jail.. 13-94 CHAPTER THIRD. Introductory - Trial of Langston begun - The Journal entry of April 15th, and the discussion upon it - The order for Bushnell's commitment - A new jury ordered; Court of a new opinion - The new jury - The Indictment - Testimony of Bacon. - Second Day - Testimony of Bacon continued - 7Tstimony of Cochran; of Jennings. - Third Day - Testimony of Jennings continued —Testimony of Mitchell - The kidnappers protected by the Federal authorities - Testimony of Wack; of Ells; (iv) TABLE OF CONTENTS. V of Wood. — Fourth Day - Testimony of Wood continued — Testimony of Worden; of Kelley; of Wheeler. Fifth Day y- Testimony of Wheeler continued - Testimony of C. Wadsworth; of E. S. Lyman; of Gaston - Kidnaplping of Bushnell - Testimony of Halbert - The first application fop a writ of Habeas Corpus - Arguments pro and con - Decision of the Court. - Sixth Day - Indictments against Wall and Shepard nolled — Reasons why. - Seventh Day. - Eighth Day — District-Attorney Belden goes home to rest. - Ninth Day - Testimony of Barber; of Sciples; of Bonney; of Thayer; of Reynolds; of Lowe. - Tenth Day y- Testimony of Lowe continued - Jennings's affidavit and the Commissioner's warrant issued upon it - Testimony of Chittenden - Tennings recalled - Testimony of Davis - Prosecution rest4- Witnesses for the Defence -.- E.. Kiiiney; Dickson; Bennett. - Eleventh )ay — Testimony of Bennett continued - Testim6ny of Howk; of Meacham; of Cowles; of Patton; of Stevens; of Watson. - Twelfth Day - Mandeville, Niles, Williams, and Cummings plead nolle contenzcere — Testimony of Sexton; of Elliott; of Johnson; of H. Evans; of J. L. Wadsworth; of Bryce —Patton recalled - Cowles recalled —Defence rest with privilege of renewal — Prosecution in rebuttal recall Sciples; Wheeler; Lowe; Jennings —Defence recall Bennett; Meacham; Watson —Swear Gillett; Wadsworth- Testimony closed —Argument of District-Attorney Belden. — Thirteenth Day -: Mr. Belden's argu nent continued —Mr. Griswold's argument.-'Fourteenth Day - Argument of Mr. Backus. - Fifteenth Day - Argument of Judge Bliss - Charge of the. Court- The. Verdict.. 94-169 CHAPTER FOURTH. Bushnell sentenced -The other cases continuedl to the July term - Discussion on the Journal entry of April 15th - Langstossns Speech:- His: Sentence -De Wolfe, Loveland, and Wadsworth pleadl nolle contende'e -Judge Andrews' Speech - Statement of the Oberlin Prisoners in Jail —Father Gillett sent hoie - Second'Application for tabeas CoalsTs - Copry of the Wri:t- The Marshal concludes not to do his duty - Before the Supreme Court-. Mr. Riddle's Argument - 3Ir. Swayne's Brief —Arguzent of Atto;ney-Genzeial Ttolcott - Judge Swan's Opinion - Judge'Scott's' Judge PeCk's -Judge Brinkerhoff's — Judge Sutliff's -, Constructive Jail-breaking.. 10-2 CI-IHAPTER FIFTEH. The Kidnappers In. trouble - Judge Carpenter's Charge. to the: Grand. Juy - The first Indictment — The first Warrant - The second Indictment - The second Warrant - The Journal entry - Judge Willson indicted for kidnapping- Judge Willson's opinion of the Fugitive Law in 1852-Antecedents of great men - Marshal Johnson and his deputy Dayton —" Our- Marshal."- Speech of, Hon. J. R. French - The "Sons of Liberty"- The Cleveland Mass Meeting - Visit of the Sabbath School - The Finale.-" The Rescue " - Kentucky. courage — Judge IcLean issues:abeas:Copus - A strange proceeding - Prudence the better part of valor- TheUnited States propose to capitulate - Terms agreed on -Prisoners exchanged - All dlischarged -So endeth " The First Siee of' Oberlin''-The Rescuers' Resolves - Closing Scene at the Jail - Escorted to the Cars'- Grand Reception at Oberlin - Reception of Bushnell-" A Song for Freedom" - TuH EzND..... 231-280 INTRO DUCTORY NOTE. NINE years ago the moral sense of the better part of our nation, not to say of the civilized world, was shocked by the passage by Congress of the Fugitive Slave Act. The iniquities of this new device of oppression, — its assault upon personal rights in the virtuall suspension of Habeas Corpus, its daring, invasion of States-rigllts, its summary and cruel process of recaption, its arbitrary requirement that all citizens shall serve the man-hunter at his call, and the vindictive penalties which it denounced against any who mighlt be constrained by self-respect or hulllanity to disregard its infamous precepts,- thllese peculiarities made this composillg draught* as " molten lead to a mint-julep" in comparison with all previous pro-slavery Federal enactments. Language could not describe the terror which this villany framed into law carried to the souls of the colored people scattered tllro ugh the North, wlho saw that now, whethller free or not, they might, at any moment, be spirited away, under nominally-legal forms, and consigned to hopeless slavery. Nor could words express the profound apprehension with which the friends of Freedon foresaw in this new and abject concession to the slavye-llolding power its finial predominanllce in our country. But the horror with which this so-called law was very generally regarded in the Free States was qualified, and almost, if not quite appeased by the conviction that so infamous an enactment would not and could not be enforced. Alas, for the hopes based on this conviction! Thle carrying into slavery of several persons afterwards proved to be free, and the recaption of one poor fugitive from oppression after anothellr, soon proved that the cruel statute was, not a dead letter. It has been from its ellactmelnt a living, as well as terrible, reality. * The illustration is borrowed from a Speech made by a celebrated Cleveland divine soon after the passage of the Fugitive Slave Act. (vi) INTRODUCTORY NOTE. Vii What tllis ordinance, misnamed law, is; what its purposes, what its deniands, and what its penalties are, and what the measures by which it enforces itself against the conscience and sense of justice which everywhere in the North oppose it, —all these points have been well illustrated in tlle now celebrated Oberlin-Wellington Rescue trials. These trials occurred on the Western Reserve -'a iame honorable for the reputation for love of Freedoml which is coupled with it, and may, therefore, be supposed to exhibit a fair encounter on a fair field between the despotic enactment, and the outraged sense of right which protests against it. They engaged on both. sides, and at the: bar of both tthe Federal and, Supreme State Courts, the highest legal:talent in the State. A'J correct history -of them will, therefore, -show clearly wllat the Fugitive Slave Act is, and what measures its ellforcenielt requires:. Such a thistory is presented ii' tllis volume. Its. comlpiler is'a' young' llan of excellent ability who has had, more than commlon experience in repo'ting public events, and it lias been.made up, as tlle undersigned know'from constant communication'with the' compiler, and:from'a careful:review of his materials, with. religious fidelity to truth. In closilng this Introduction, we beg leave, to urge tlle'readers of: tlis volumle to inquire, ill tlle light.of what is here..presented, whiether tlle fact tlat thle Fugitive Slave Act canl exist, and l.be: in formls. enforced does not prove tlhat regard for Freedom no longer presides in.tlle councils of our Government; thllat tlle slave-holding power' las smitten down thle personal rights of freemen, and: trampled on the honor and righllts of the States; and whether, if the Free States do not speedily, by judicial: and legislative action, assert their rigllts, our. whole country will not soon, under tle operation of the PDred Scott decision, be embraced in the armsl bfi: a gigantic tyranny wlichl shall know no'law but its own despotic will. Especially vwould we ask' our, fellow-citizens of Ohio, vhletller they are williing longer to allow. arbitrary encroachments "on thle part of the' Federal Government, and timicd deference to precedent ona the part of our State Judiciary,'to make our noble State a mere province of anL overshadowing empire of centralized and:malignant power. H. E. PECK, RALPH PLUMB. CUYANOGA COUNTY JAIJ, Cleveland, Ohio, July 1, 1859. FI R ST WOR D:Si. THE digest of tho testimony in Mr.. Baslinell's case was. made during' the progress of tile trial, and with suchl care that: it is.believed it will:be foundl Amore accurate. and comprlehlensive than any hitherto publisled. The arguments of Messrs. Riddle, Spalding, Griswold, Baclkus,i and.Wolcott- were reported phonographically, and are published with the;. sanction of their authors. Every effort was made to; secure equally full: and. accurate:reports. of thle arguments of the: rcounsel- for the Government, but, unfortunately, withlout success. F or such:use as has been made of- the materials of others, it has been endeavored to accord due ackniowledgm6int elsewhere, Cave that it rem-ains to mention here the kilnd offices- of Mr. J. H. Iagi, of Mr. J. lM. Greene, and- of one whose modesty forbids the mention ilof heri name..To Mr. Greene,-the reader is indebted for the stereoseopic view lwhicl is found e~ngraved: upon the title-page.The, materials witli which the writer has wroughLt, have been superabundanit. Muchl that seemed scarcely less important. than the. rest, and at first none less, has been necessarily omitted. Necessarily;, est the general reader should feel burdened. To the:people: of Ohioj it is believed that- every link of this remarkable chai:.i of events has sui'passing. significance and,interest. But, lest it -may not be so abroad-, thlle best judgment of the colmpiler -lias been taxed to omit nothing essential, Wliile accepting nothing trivial. If others wquld have chosen more wisely,; no one:can regret more sincerely tlan hlmself. that their counsel was- not seasonably at his conmmand. Such, typographicaI errors as may have esc'apel notice in the proofs, the reader is asked to be patient- with, in consideration of tlhe urgency with which the work.has been pressed; the last page being in type within eight days after the Reception of Mr. Bushnell. QUIETSIDE, Oberlin, July 20, 1859. ( viii ) I Oi I STO S Y. THE OBERLIN-WELLINGTON RESCUE. CHAPTER FIRST. THE modest village of WELLINGTON, which THE RESCUE has been variously called, in of late seems to have had greatness - or, better, different prints, " The Oberlin Rescue," " The perhaps, notoriety - thrust upon it, is by no ~Wellington Rescue," and " The Oberlin-Welmeans a locality of pretentious claims. It is a lington Rescue." It is sufficient to remark, that plain, thriving village, in a flourishing and pop- the alleged fugitive was a resident of Oberlin, ulous township of the same name, and lies upon was arrested near home, and taken to WVellingthe Cleveland, Columbus, and Cincinnati Rail ton, whencet with the aid of friends, he is said Road, thirty-six miles south-west of the city first to have made his escape. These friends were named. It is, therefore, within the bounds of from Oberlin as well as from AWtellington, and that part of Northern Ohio widely known as very naturally, perhaps, the Oberlin friends the " Connecticut Western Reserve," which were the more active in his behalf. But since was first settled some forty-five or fifty years the locality of TIIE RESCUE was WTellington, ago by the representatives of Puritan New it seems natural, without entering into any comEngland, and has ever since been noted for the parative analysis of' the assistance contributed characteristics of the men who founded and by. the citizens of either place to the release of shaped its social, political, and religious insti- our hero, to denominate it, as for the purposes tutions. of this volume we shall, " TmIrE OBERIN-E-WaEJ LOBERLIN is a village of some 3,000 perma- LINGTON RESCUE." nent inhabitants, to which, for nine months in Before ushering the reader into the labyrinthe year, may be added 800 students, who seek thical mazes of this necessarily multitudinous the advantages afforded in the various depart- volume, benevolence would seem to dictate an ments, academic, collegiate, and theological, of outline sketch of the ground which is so disOBERLIN COLLEGE. It lies upon the South- connectedly and repetitiously beaten by the ern Division of the Cleveland and Toledo Rail thousand feet of witnesses, counsel, court, and Road, nine miles due north of Wellington, and compiler, in the progress of these pages. thirty-three miles nearly west of Cleveland. Know, then, gentle reader, that some time in Both these communities are within the county the month of January, in the year of our Lord of Lorain, of which the village of Elyria, six- one thousand eight hundred and fifty-six, we teen miles distant from Wellington and eight are told that a negro slave, called John, about from Oberlin, is the county seat. eighteen years of age, was missing from the 1 2 HISTORY OF THE plantation of Mr. John G. Bacon, a citizen of stay at the Russia House, and the colored peothe northern part of Mason county, Kentucky. ple having become alarmed for their personal Late in August, 1858, Mr. Anderson Jennings, safety, by an attempt only a few days bofore to a neighbor and personal friend of this bereaved kidnap at midnight an entire family, A;r. Jenplanter, talking a northerly tour in pursuit of nings and his party, as he tells us, were advised some escaped chattels belonging to his uncle's by their landlord and other symp'a;i,~lng estate, to which he sustained the relation of an friends, that an attempt at arrest witk lbi, e administrator, stopped a few days in Oberlin, bounds of the village might not impossi, 4 and while there became possessed of information attended with difficulties, and perhaps fail oier which induced him to write at once to his friend complete success. Inquiry fobr " a man whom Bacon that the long lost John was undoubtedly a fellow could put confidence in," to quote the in Oberlin, and that with the assistance of a gentleman's own affecting words, introduce(d witness and the authority of a power of attor- him to the acquaintance of Mr. Lewis D. Roynney, the writer would quite likely be able to ton, a gentleman-farmer, whose residen(d:is capture and return him to the domestic hearth. some three miles north of the College. As us'e Omitting intervening details, let it suffice to say result of a visit extending from Saturday eventhat on Wednesday the eighth of September ing to Sabbath evening, a son of this Mr. following, Mr. Jennings found the wish of his Boynton, aged thirteen years, and bearing rv:;1, neighborly heart gratified, by pressing the hand less a name than that of the Bard of Aveo;; of Richard P. Mitchell, a gentleman whoml he was engaged for a stipulated price to decea:fr had known as an employee of Mr. Bacon, and John into a ride out of town the' next day, ana2receiving at his hand a document purporting to at a specified place to deliver him into the bosom, be a duly drawn and certified power of attor- of his old friends, who hadl so long sought him ney, authorizing Anderson Jennings to capture sorrowing. and return to the State of Kentucky, one negro This plan, after a slight amendment, provedc slave called John, who, owing service to John successful, and John was arrested on Mlonday, G. Bacon in said State, had unlawfully, know- I the 13th of September, at about 11 o'clock, A. ingly, and willingly escapedtherefromi-togethoer M 3., some onle anld three fourths miles north-east with the assurance that he, Mr.' Mitchell, could of Oberlin, by Jacob K. Lowe, Richard P. identify the truant beyond the possibility of Mitchell, and Samuel Davis; Mr. Jennilngs miistake. To make assurance doubly sure, M1\r. prudently declining to expose the head of the Jennings next day took the cars for Columbus, expedition to unnecessary peril. possibly not being aware that he was travellino The successful posse, with their prisoner, took from one judicial district into another, and oh- a road which passed at a safe distance to the tained a warrant from one Sterne Chittenden of east of Oberlin toward Wellington, where in that place, who certifies himself to be a U. S. Com- due time they arrived, and took quarters at the missioner, and authorized by an act of Congress hospitable house of one Wadsworth, at that apprloved Sept. 18, 1850, to issue such war- time the proprietor of the Wadsworth House. rants, -comman-adinmg the U. S. Marshal, or Youngl Shakespeare, returning from the place any deputy U. S. Marshal of the Southern of capture to the Russia House, hastened to reDistrict of Ohio, to apprehend, etc., the boy lieve Mr. Jennings's painful anxieties, and was John which warrant was intrusted for execu-;rewarded with twice the promised fee. Making tion to Jacob K. Lowe, who is said to be a a hasty and slender meal, as we may well sup-deputy of the U. S. Marshal for tile said South- pose, Mr. Jennings was soon being rapidly exern District. Mr. Lowe engaged the assistance pressed toward Wellington, his affectionate of Samuel Davis, Esq., an acting Deputy-Sheriff heart overflowing with a tumult of the tendeLof Franklin county, and the trio set out for est emotions at the prospect of once more Oberlin, where they arrived on the evening of embracing his long-lost sable friend, and speedFriday. ily restoring him to home and happiness. The suspicions of the good people of Oberlin But the ways of Providence are inscrutable. having been aroused by the strange conduct of As Marshal Lowe and his party were entering Mlir. Jennings during his previous protracted Pittsfield on their way Wellington-ward, two OBERLIN-WELLINGTOIN RESCUE. 3 young men met them. These young men has- cer from executing his writ. To warrant the tened to Oberlin with a description of the party, charge, however,'o unlawfully obstructing the and a few moments suflicing to ascertain that arrest of a fugitive from labor, some act of interference on the part of the person accused John was missing -that he had been last seen must be proved, tending to impair the right of driving toward New Oberlin with Shakespeare recaption secured by the statute. Iere ob]oynton -that Shakespeare had returned with- struction, hinderance, or interruption is no ofout him -and that the Southerners had all ce unless made to prevent a seizure in the first instance, or a reception in case of escape. left town - an intense excitement seems to Yet it is not necessary, to constitute an obstruchave become manifest, and to have taken the tion in the sense of the term used in the statute, shape of pursuing parties. A large crowd that force or violence should be actually resortlingecred about the hotel until late in the after- ed to, to defeat an arrest. The refusal to permit an arrest on the premises of another, after noon, and then suddenly dispersed. WVhat notice that the person sought to be taken is a happened and what did not happen inside this fugitive from labor, and a demand of permiscrowd and between it and the parties Jlaving sion to arrest such person is, under the law, an John in custody, the reader must glean as best obstruction. And so is the removal of the althe y l wl fnd 1 h leged fugitive by the direction of another, when he can from the testimony. IIe will find much done to prevent an arrest. And this is for the that is contradictory, some things impossible, reason that the officer, in executing the writ, is some improbable, and some, we think, worthy under no obligation to commit a trespass or a of credit, there stated; all of which has with breach of the peace in carrying out his purmuch care and labor been written out from tile pose. " There are some who oppose the execution witnesses' mouths for his eye, and is submitted of this law from'a declared sense of consciento him as a member of that Great Juiy, before tious duty. There is, in fact, a sentiment prevwhich all prisoners are tried, and to which they alent in the community which arrogates to look for ondemnation or &acquittal with far human conduct a standard of right above, and loo for conxietmation tor acuittal eith fwor independent of, huIman laws; and it makes the greater anxiety than to the tAw\elve men who CONSCIc,.NC of each individual in society the render the special verdict in Court. TEST of his Own ACCOUNTA3ILITY to the laws of the land. TIE, GRAND JURY. So flagrant a protec- "While those who cherish this dogma claim tion of the rights of a citizen of a Free State and enjoy the protection of the law for their may well be supposed to have appealed in no own lives and property, they are unwilling that uncertain tones to the powers that be- id est the law should be operative for the protection of the constitutional rights of others. It is a of course, the Federal Administration. The sentiment semi-relicious in its development. and U. S. District and Circuit Court for the North- is ahnlmost invariably characterized by intolerern District of Ohio straightway assembles a ance and bigotry. The LEA.DERS of those who Grand Jury, and the Judge thereof breaks to acknowledge its obligations and advocate its them his woes in the following painful strains: sanctity are like the subtle prelates of the dark ages. They are versed in all they consider useful and sanctified learning- trained in cer"He remarked, that in consequence of oc- tain schools in NeVw England to manage words, currences which had iecently transpired in an they are equally successful in the social circle adjoining county, he had been requested -by the to manage hearts; seldom superstitious themDistrict-Attorney to call the attention of the selves, yet skilled in practising upon the super-,iury to this act of Congress. He said this see- stition and credulity of others - FALSE, as it tion prohibits the obstruction of every species is natural a mlan should be whose dogmas imof ~rocess, legal or judicial, whether issued by pose upon all who are not saints according to a ourt in session, or a Judce, or a United Is CREED the necessity of being hypocrites — States Circuit Court Commissioner, acting in SELFIStH, as it is natural a man should be who the due administration of this law of the United claims for himself the benefits of the law and States. 5 1*.1. >.. enrolls your nanes with that immortll-bancl of The following ladies, wives of the indicted ols ti i n were also present: — Mrs. O. S. B. Wall, J. M. Patroence," ao the us te "Declation o eef oeFitch, J. H. Scott, James Bartlett, Ralph Plumb, en d th foundtion of ree gvDavid Watson, H. E. Peck, Henry Evans, John enent. WDavid Triatson H, I~.. Peck I-Ieny Evan, ~oh~intso. Their sacrifices andi sufferings, their firmness and resolution, we were early taught to admire The aabove ladies have been heard to say that beand imitate. It has been left for our " latter their acquaintance shall be renewed at the tr day " rulers to teach us that all our cherished als of their husbands, whenever that affir shall ideas of' freedom are vagaries, and that the liboccur. These were theh1onored erty of the American Union is only that of the These were the honored Men and Women of v: the "Felons' Feast." Among them were vener- wte n to eslave the bl. ~~~~the L'~los et. mn teThis will never do; such rank perversion of able gray-headed men, some of the early set- God's trutl we willer allow. We will say tlers of Lorain county - meni who had felled n. the forest and built the humble log-cabins,: to these rulers, as Arnold the poet said to Barschool-houses, and churches of the' wilderness low, who had been composing a revised edition -noble men, good men, and true men -men of Watts' psahns and hyins: — of Puritan and Covenanter stock, of Revolu- "You've proved yourself a sinful eretu',' tionary blood, of spotless reputation - indicted You've murdered Watts, and spoiled the meter, criminals! and Ibr what? for violation of the You've tried tlle Word of God to alter, Bible injunction, "' Whatsoever ye would that And for your pails deserve a lalter." others should do unto you, do ye even so unto " Brethren in bonds," let nothinag drive:you them." from the right. Iniquity shall not always itriAt the table the Divine blessing was impres- umph, and reason and justice shall not always sively invoked by the beloved Patriarch of be driven before might Oberlin, Rev. JoimN KEEP; and after the goodr randfth thllings so abundantly provided had been dis- "As ou faters have fought, ad grnt bled, cussed, Prof. PECIC announced that the " crimni- And many a hero now sleeps with the dead, ncals" bhad invited SAMUEL PLUMB, Esq., to Let us nobly defend what they bravely maintained, officiate as President. The President in a Nor sZte'r oir' sons to be fettered and chained." brief and happy manner stated the object of As one in bonds with you, I remain yours, the social gathering, and referred to the deep JO. VICT. 1JOHN I. VIxCENT. sympathy felt by thle men and women of Lorain for their brethren in bonds. He said the read- Prof. Peck then read the following ing of letters from invited, but absent guests, would be first in order. Prof. Peck read the following ELYRIA, January 7, 1859. GENTLEMEN: Your esteemed favor of the 5th instant, inviting me to meet with you at the Palmer House in Oberlin on the 11th instant, OBERLIN-WELLINGTON RESCUE. I7 for the purpose of manifesting our sympathy Allow me, in conclusion, to say, that whatever and partaking of a dinner with the'" thirty- aid I can render you and those whom you repseven criminal" citizens of Lorain county, re- resent, either before or after Judgment, in or cently indicted in the United States Court'at out of Court, shall be freely and cheerfully Cleveland, came dtuly to hand. In answer, given. permit me to say, that I shall' endeavor to do I am, Gentlemen, -very respectfully, etc., myself the honor to meet with you and those S. B3unrK. whom you represent, at the time mentioned. To H. E. PECIK and others, Comnlittee, Circumstances may transpire, however, that Oberlin, O. will render it impossible for me to meet you, in which event, permit me to reassure you and REGULAR TOASTS. the other accused citizens of Lorain county, who may be present with you, that I have a 1st. The Inalienable Rights of lan Founddeep and abiding sympathy with the oppressed ed in Nature as constituted by God, and well and down-trodden race to which the fugitive recited by our Fathers in the Declaration of John belongs, and that it is a part of my busi- Independence. ness, and in accordance with my nature, to Geo. G. Washburn, Esq., editor of the Loresist tyranny and oppression in all its forms. rain Independent Democrat, ably responded to If there is any doctrine or creed to which I this sentiment. He spoke of'the extraordinary give mlly full and unqualified consent, it is the fact, that in the middle of the 19th century, doctrine of political equality and individual American citizens have met to ask whether freedom; the right of man, black or white, man has any inalienable rights. He referred native or foreigner, to carve out, under God, to man's inalienable rights, to the higher law, his own destiny, and choose his own rulers. the law of the Creator of all, and to the hoaryMuch as I feel flattered by the kind manner in headed men around him who had been ar-.which you have been pleased to refer to the raigned as criminals for violating the Fugitive fact that I have been chosen to aid in the de- Slave Act. Mr. W. declared that the detested fence of the parties indicted in the United law never could be enforced in Lorain, and States Court, I am not insensible of the fact closed by offering the following sentiment, that my known sympathy with the cause and which met with a hearty response:the accused had much more to do with my se- The Fugitive Slave Act - Making war as it lection than any probable service I could ren- does upon all that is manly in man, we will der you upon trial. Be that as it may, I can hate it while we live, and bequeathe our hatred assure you I have watched with much interest to those who come after us when we die. No the proceedings of the Government in these fines it can impose or chains it can bind upon cases, and have been led to the conclusion that us, will ever command our obedience to its unvery few if any of the numerous persons in- righteous behests. dicted would be put on their defense, but I 2d. Good TFill to Man - The best bond of may be mistaken in this. It is said that " whom Society; the surest support of Government; the goods would destroy they first make mad," and never more fully developed than when at and that symptoms of madness have recently the call of the weak and oppressed it resists the appeared in high places, cannot be denied. tyranny of wicked rulers. What maly be determined on, therefore, by the F'ather Keep said he could not discuss such ruling madmen, I know not. Nor can I tell a sentiment. AWe all know what good-will to what farther sacrifices it may yet become neces- man means. It embodies that sweetest element sary for the lovers of freedom to make, to ren- of human life. It is eulogized. WVhy is it der our own beloved and beautiful Ohio, in eulogized? It is the best bond of society.deed and in truth the land of the free and the What is the other part of the eulogy? It is hoime of the brave -to deliver our people the strength of government. What is the from the demoralizing spectacle of slave-catch- strength of government? It is truth, integrity, ing and slave-hunting in our midst -to render charity, humanity, love. This is the eulogy it safe for the humanely disposed among us to pronounced on good-will to man. feed the hungry, clothe the naked, or relieve The best development of this sentiment is the distressed, without fear of Government vwhen, at the call of the weak and the oppressed, spies, or running the risk of fines, forfeitures, it resists tyranny. Good-will is forbearing, longft and prison bars and bolts. But whatever the suffering, and, through kindness, heaps coals of sacrifice may be,;I feel that our people are pre- fire on the head of the oppressor; but, said tle pared to make it, and that Ohio will yet be Christian of nearly four-score, with the energy free - that when the panting figitive from op- of'76, there is a point where forbearance ceases pression shall breathe the air and tread the to be a virtue. When that is reached, let the soil of our noble State, his chains will fill off, tyrant perish! [Great applause.] and his natural, inalienable rights of personal 3d. Loyalty to God and loyalty to humnan liberty, personal security, and the right to Government when it is loyal to God - The enjoy the fruits of his own labors be restored Patriotism which inspired our Fathers and shall to him. Iprompt us and our children. 8 IHISTORY OF THE To this sentiment Prof. Peck responded. He mote by every possible means the dignity and said: well-being of the noble commonwealth of which There is current in society an idea that there we are a happy part. But we also mean to is no patriotism where there is not an acknowl- teach them that they will not be dutiful to the edgment of the maxim, " our country, right or State, if they do not hold her to her duty to wrong." But such was not the doctrine of our God; that they will be traitors if they obey noble fathers. They esteemed patriotism a laws which break the laws of Heaven. cardinal virtue. They were to the last degree And we trust that they will have sufficient loyal men. King and country never rightfully self-respect to stand to such patriotism as was asked of them any sacrifice that they did not our inheritance and as shall be their patrimony, cheerfully render it. They loved to offer even even if in so doing they encounter bonds or life itself for the protection of the realm against death itself. its foes. But their loyalty enjoined of king -4th. Personal Sacrifices- The seed of to-day and country one imperative condition- that which brings the harvest for to-morrow. the State itself should recognize Divine law. Mr. John M. Langston eloquently responded " GOD and our country" was their maxim. to this sentiment. He inquired- what is the They held that when the State refused the be- work of the American citizen of to-day to achests of God by assuming prerogatives which complish? It is this. He is to reinstate the did not belong to her, or by enacting laws Declaration of Independence, and to reinstate which contradicted justice, she did that which the Constitution of the United States. Ameridisgraced and dishonored* herself, and that can Slavery has stricken down the first; the patriotism could render to her no other service Fugitive Slave Law the latter. Shall we meet -so useful as that of compelling, by steadfast this duty? To do it we must make sacrifices - resistance of her usurpations, her return to her go to prison, or, if necessary, go out on the broken allegiance. So was it that they never battle-field to meet the Slave Oligarchy. MIr. esteemed themselves more loyal than when they L. closed with the following sentiment: brought the Stuart to the block for arrogating Thle Rescuers of John Price —the Rescuers to himself powers which belonged to God alone. of Benjamin Rice - the Rescuers of the Bells - So was it, too, that they thought they were act- Their conduct should immortalize their names. inn as patriots when they turned their backs on 5th. The sovereign authority of the State, home because liberty was restrained there, and and the voice of th7e people- The refuge of sought freedom in a savage land; and so was it, American citizens from the tyrannies of federal too, that they felt that loyalty itself required enactments not sanctioned by justice and the them to enter armed protest against the royal Constitution. encroachments on right which followed them to R. G. Horr, Esq., ably discussed the sovertheir wilderness'retreat, and to try the chances eignty of' the State, and the voice of the peoof war with Fatherland, which they loved as ple. They will be felt. They have been felt their own firesides were hardly loved. in Wisconsin, and thirty-seven is a good numAnd the doctrine of patriotism which our ber for the Supreme Court of Ohio to comfathers nobly illustrated has come down to us rmence on. Mr. H. made many happy hits and and is our doctrine. We hold that our prayers, several hard ones. He said the Fugitive Slave our labor, and our blood are due to our country Law sometimes sunk men below the depths when she needs them. We mean to make of manhood, and they became a Dayton! patriotism a part of our ieligion, and to be [Much laughter and applause.] He hadl no behind none in prompt and earnest service for sentiment to offer - he read the right sentiment the honor and good of the commonwealth. But in the face of every man and woman in the we hold that the commonwealth can prosper assembly. only when she is loyal to God, and that when by 6th. The Alien and Sedition Law of 179-8 "framing iniquity into law" she puts herself in and the Fugitive Slave Act of 1850- Alike the place of God, she does that which must, arbitrary, undemocratic, and unconstitutional. sooner or later, bring ruin upon herself, and As did the one, so may the other rouse the hence that we are no traitors but rather truest country to a political and moral revolution liege-men when We declare that we will obey no which shall restore the doctrines of Personal law in which impiety is thus flaunted in the face Liberty and State Rights which centralizing of Heaven. We cannot Obey the fugitive slave power has wantonly violated. act, not because we do not love and honor our R. Plumb, Esq., rose and said: — country, but because we cannot do that which Mln. PRESIDE.NT -The sentiment you have will reflect deepest dishonor and disgrace upon just read carries us back in our national history her. to the early days of the republic, to the very And the faith we have got from our fathers infancy of our Constitution. we mean to hand down to our children. We The year 1798 was memorable for producing mean to rear them in devout allegiance to God the Alien and Sedition laws of federalism. and fervent patriotism to the country and insti- The alien laws, as you well know, conferred tutions given us of God. We mean to teach upon the President the power to remove, in a them to respect law and its sministers, to pro- summary manner, any alien or foreigner who OBERLIN-:WELLINGTON RESCUE. 9 might be deemed by him unsafe to the govern- true, as a -general principle, and one of the ment - while the sedition laws made criminal amendments of the Constitution having also and punished with fine and imprisonment any declared that' the powers not delegated to the one who might dare to oppose any:measure of United States by the Constitution, nor prohibthe Government of the United States, or any ited by it to the States, are reserved to the of its laws, or to intimidate or prevent any offi- States respectively, or to the people' —therecer under that government from undertaking or fore the Act of Congress passed July 14th, 1798, performing his duty. It was also enacted, that entitled' An Act in addition to an Act for the if any person should write, print, utter, or pub- punishment of certain crimes against the United lish any false, scandalous, or malicious writing States,' and all other of the Acts which assume to against the Government, Congress, or President create, -define, or punish crimes other than those of the United States, or aid in doing so with enumerated in the Constitution, are altogether intent to defame them or bring them into disre- voID and of No:FORCE, and that the power to pute, or to excite any unlawcful combinations create and define such other crimes is reserved, for opposing any law of the United States, etc., and of right appertains solely and exclusively he should be liable to fine and imprisonment. to the respective States, each within its own Under this flamous sedition law, Matthew Lyon, territory." a member of Congress from Vermont, was in- These resolutions, the whole of them, ladies dicted for using the following -words in a letter and gentlemen, will repay a faithful perusal by to a Vermont newspaper: - "Whenever I us all, women as well as men, -because of the shall, on the part of the Executive, see every importance of the doctrines which they contain, consideration of the public welfare swallowed and the appropriateness to the times in which up in a continual grasp for power, in an un- we live. bounded thirst for ridiculous pomp, foolish adu- This brings us to the Fugitive Slave Act of lation and selfish avarice; when I shall behold 1850. men of merit daily turned out of office for no That act was conceived in sin and brought other cause but independence of sentiment; forth in iniquity. when I shall see men of firmness, years, and The slave power not only demanded the pasability discarded in their application for office sage of the Act, but they also required the for feat they possess that independence, and greatest statesmen of our land, then living, men of meanness preferred for the ease with should give their voice and their vote for the which they take up and advocate opinions, the infamous measure - not caring that the voice consequences of which they know but little of; and vote demanded should consign to infamy when I shall see the sacred name of religion those who but for this and similar debasements employed as a State engine to make men hate would have. been embalmed in the grateful alr persecute each other-I shall not be their memories of the latest generations. humble advocate." But the Act was passed, and now mark the Yes, fellow-citizens, this true man, this loyal similarity -between the Act and that of its illuscitizen, was dragged before a District Court of trious predecessors. the United States, upon this indictment tried, The sedition law of 1798 defined crimes unfound guilty, fined $1,000, and imprisoned four kcnown to the Constitution, and authorized the months. Courts of the United States to punish those But what was the effect of these laws and of pretended crimes by imprisonment and fines. this and kindred indictments and trials under The Fugitive Act of 1850 defines crimes themn? umcnown to the Constitution, makes it a crime to The pen that drafted the immortal Declara- feed the hungry, clothe the naked, and help the tion of Independence, was again wielded by weary traveller on his journey, and authorizes Thomas Jefferson in defence of the Declara- the U. S. Courts to punish those pretended tion, the Constitution, the sovereignty of the crimes by imprisonment and fine. States, and the rights of the people. Jefferson and Madison, those illustriousfoundIn 1798, the Legislature of Kentucky passed ers of genuine Republicanism, whose labors the resolutions drafted by Jefferson, while the werie blessed to the complete rout'of the Fednext year the Legislature of Virginia passed eralism of their day, held that such enactments similar setiments from the pen of James Madi- were VOID and of NO BINDING FORCE, and so son. Mr. President, I hold in my hand a copy do we, the thirty-seven criminals of Lorain. of the Kentucky resolutions as Jefferson pen- Ladies and gentlemen-since I had the honor ned them, the second of which reads as fol- to appear before the august tribunal that is to lows: — try us in March next, and enter my plea. as a "2. Resolved, That the Constitution of the crininal, I have endeavored to look over my United States, having delegated to Congress past life with becoming seriousness, that I might, the power to punish treason - counterfeiting if possible, find in what my crime consists. I the securities and current coin'of the United find many things for which I ought:to be conStates - piracies and felonies committed on the demned, but surely the wrong things of my life high seas, and offences' against the laws of na- were not included in what I did on the 13th of tions, and no other crimes whatever, and it being September, 1858. 2 10 HISTORY OF THE My sins of that cay were sins of omission, upon American soil, to make his presence here and not of commission. I did not go to Wel- the occasion upon which the problem of perlington, but I confess to you all (don't tell any sonal freedom, that second revolution, more of the witnesses what I say), that my whole important than the first, shall be worked out being was stirred when the news came suddenly by the Ameyican people, for the good of the upon us that a man had been stolen from our world. midst at mid-day, and when the noble band of' rescuers wended their way towards Wellington, VOLUNTEER SENTIMENTS. my heart went up in prayer to Almighty God for the success of' their enterprise, and when By J. M. Fitch. The Prosecution - Will it the news came back that in some way, I know "subdue " us? -shall it'" clear the town of not how, the man-thieves had been despoiled of us? " —can it " crush us out? " their prey, my heart went up again, to God with The' No! No! No! " in response, " settled such emotions of gratitude to Him as I hope the question," and Mr. Fitch, in a few thrilling often to feel hereafter. sentences, spoke of his own indictment for no This is my crime. You may call it treason if cause, unless for his " poor prayers " [laughter] you like, and the courts may punish me if' they in behalf of the oppressed; and of the libertywill -" they may drag me to prison, and from lovinC men and women who have been amerced prison to death; yea, let me die a felon's death, in fines and cast into prison, for manifesting but let me die a man." active sympathy "fbr the least of one of Fellow-citizens, we have met to-day to feel these." each other's hearts - to understand better the Mr. F. Shipherd was called out, and gave as common impulse that hitherto has moved us, a sentiment - The Felons' Feast! Mr. S. and to prepare for whatever awaits us in the spoke in high commendation of' the present future. feast, and happily of ancient feasts in comFor one I had rather sit-among you as I do memoration of important events. I-He thought to-day, reading as I do in yrour calm counte- the present one auspicious, for Roman history nances, your dignified bearing, the puritan pur- informs us that the best preparation for suepose:of your lives, with the sure prospect of ce'sful battle is a good dinner! [Laughter.] speedy poverty before me, than to exchange <-.Mayor A. N. Beecher, of Oberlin, in rethe privilege for all the gold of California. sponse to a call, offered the following sentiMr. President, we may well turn from the ment, which was warmly cheered:present to a glorious future that awaits us. The Thirty-seven Criminals of Lorain - Men Our country needs deliverance fiom the gall- of true grit, and " hale fellows well met." May ing yoke of the Slave power, and it is near at we never fall into worse company; and should hand. the bloodhounds of' Slavery again visit our A second Jefferson must soon appear of such county, may they find a WTVall Plumb before qualities of head and heart as shall enable him them, De TVolf after them, and get well Peck-ed to take command of our noble ship of State - in the bargain. one who by a firm adherence to the doctrines This brought up IR. Plumb, Esq., who, after of the Republican resolutions of 1798, will se- some happy pleasantry, referred to the ruthless cure to the States their sovereign rights, the murder of young Brown, son of the famous people the enjoyment of the blessings of' lib- " Ossawatomie" Capt. John Brown, in Kansas, erty, and keep the Federal Government and by the pro-slavery Border Ruffians, and to the the Federal Courts clearly within the limits just retribution which had since overtaken two prescribed by the Constitution. of his murderers, G. WT. Clark and Martin That man is already born, a man of execu- White. He then read a thrilling letter of symtive experience, and, if I mistake not,,has pathy from Mr. John Brown, Jr., brother of more than once stood upon the soil consecrated the Kansas victim, and formerly an old neighto fieedom by the ordinance of'87, and bor of Mr. Plumb in Ashtabula county, upon breathed the free air of our own Ohio - who hearing through the papers that Mr. P. was shall bring the good ship of State out fiom the one of the " honored thirty-seven." A single rocks and shoals that beset her, into the ocean extract will show the "spirit of'76" transmitof a glorious future which shall bless the ted from sire to son: world. " Friend Plumb, would you say,' Oh! but Fellow-citizens, God reigns! that would be Treason.' WVell, thank God! It is He who speeds on their way the ever-' I've been there.' I have for months at a time moving tides of population from all the East, had before me the brilliant prospect of' standeven fioml beyond the broad ocean, to our vast ing on nothing, and looking through a halter!' unoccupied domain; to build them there new - The cry of' Treason!' I have become achomes, and yearly as the swelling tide rolls on, customed to; indeed it has become so familiar countless new altars and firesides shall be con- that I confess I rather like the music." secrated to freedom for universal man. "Step by step the Slave power is driving It is His will, since the avarice of man has us on to take one or the other horn of the torn the negro from his home and thrust him dilemma, either to be false to Humanity or OBERLIN-WELLINGTON RESCUE. 11 traitors to the Govermnent. If we'would or- ments since repealed by the slave-cringing dain and establish Justice,' and maintain our Democracy. Mr. Hunter was called out, and Constitution not only in its essential spirit but electrified his hearers fbr a few moments. The its letter, strange to say we are forced into the hour for consultation and business having arattitude of resistance to the Govermnzent. I am rived; the "Felons' Feast" closed withl the glad the work of Judicial'crushing out' is following heartily applauded sentiment:progressing not only out of Kansas but in Ohio By the Company. Our Hostess- If Uncle -on the Western Reserve, the New England Sam shall take us to board, may we have her of the West. This is bringing the war home to for " help! " The social festival at Oberlin will long be The green graves of our sires,'The goureen ltaves f our fires' pleasantly remembered by those who participated. It was just what might be expected of Prof. Peck said he thougrht he heard his sincere, earnest, devoted men and womenname associated with others in the toast given earnest, cheerful, orderly. The men in bonds lby Mr. Beecher. THe should return theacompli- were more closely knit together by the associament, and gave tion, and the opposition to the execution of an WTihlen those slaveholders comle again, may unrighteous law is tenfold strengthened by the -we have a Beecher for norae [Mayor] to give persecutions set on foot under it. The spirit theml a, trot I C[lMuch merriment.] manifested was temperate and religious. There By J. R. Shipherd. IThe Press - W~5hile was no railino at the officers of the law - only!-e h.e R. Shipntrepid, soe P — Whf i-ler denunciation of the law itself. The crimiwe have so intrepid Leaders, so faPithfiul leralcls,, and so undlegenerate Democrats, we fear neither als, tauncheeting by themselves, appointed a slaveholclers at the South, nor slave-hunters staunch committee, vested with full powers to slvholdere.s at the Soth, nor slave-hnters make every arrangement for the details of the defence in March, and attend to certain other The editor of the Leader was called out, and attend to ertain othee acknowledgled the compliment to the indepen- m ay be, to the inconsolable astonishmenof a dent press of Cuyahoca and Lorainl. He re- lmay be, to the inconsolable astonishment of a dent press of Cuyahoga and Lorain. He re- they have few individuals, and their friends, if the3r lave freshed the "honored 3 7" with the sketch of' a fr i t h former "indictment"' in Erie county, New any. The committee is as follows: -ormer 11 indi.tment-" is Er! county, *ew Prof. H3. E. Pecks, Ion. R. Plumb IV. D. York, to be more widely published in due Prof. H. r. Peck, I-on. t. Plumb, W. D. season. It is unnecessary to add that the nar- Scrimgeor, Oberlin tthew olfe,. rative was heard with attention. Loring Wadsworth, Esq., Wellington. The President said a descendant of the old tyrant-hating Covenanters was among the in- THE AnREST OF LINCOLN. dicted, and called on Mr. Win. Douglas Serimgeour. Mr. S. responded in one of' the most On Friday, the 14th of January, WiV. E. effective off-hand speeches of the festival, Lincoln, who had left town for the winter vaand showed himself no degenerate son of the cation several weeks before any bills were noble race. His words glowed and burned found was in the duties of a schoolwith the fervor of true freedom and manly spirit. 1His v enerated father had sent him teacher in the town of Dublin, twelve miles from words of high cheer. lIe blessed his son, and Columbus, when a rap was heard at the door, would have so acted himself had he been pres- and a moment after two men entered, who subent. He was ready to meet fines and imprison- sequently proved to be Samuel Davis, the depment for such a son, and for such a discharge of duty to God and his fellow man. Mr. S. was uty-sheriff that assisted deputy marshal Lowe warmly applauded, and concluded by offering in the capture of John, and some constable of the following sentiment:- the vicinity employed for the occasion. Mr. Our Fathers anl our Mlothers s-Free them- Davis, stepping forward much excited, deselves, and beqeathing Freedom to their chil- manded the school teacher's name, and being dren; they have shown by their words and ac- ansered ly, declaredim to tions that they desire " Libertly to be proclaimed truly, declared him to be "the very through all the land to all the inhabitants fellow he was after," and straightway, withlout thereof."- further explanation of any sort, produced a The President announced that he understood pair of AINDc UFFs, and began to fasten them we had a Hunter in our midst, not a miserableteacher remo hunter of the panting fugitive, but a noble incoln' Nimrod and manl, the Hon. John Hunter, of strated earnestly, but altogether in vain; with Cleveland, the colleague from Columbiana of many oaths and immense bluster the considerMessrs. Plumb and Monroe in the House at ate officer expressed his moderate confidence in the session when good and humane legislation abolitionists under any circumstances, and closed the jails of Ohio against persons not charged with crime, and further protected the avowed, the purpose of never again exposing rights of the people by Habeas Corpus; enact- himself to their power: — the. occurrences at 12 - HISTORY OF TH: Wellington having proved to him, as he hoped, course of the ride, Mr. Lincoln inquired if his a wholesome experience After some diffi- captor had a legal process to authorize the culty Mr. Lincoln was allowed to exchange his arrest, and was coiidescendingly shown a gown and slippers for coat and boots, and then " capias " signed by Frederick W. Green, Esq., straightway thrust into a carriage for Columbus. Clerk of the U. S. District and Circuit Court It would be doing serious injustice to the for the Northern District of Ohio. witnesses of this remarkable transaction to make The arrest was made at about half past one no mention of their conduct. And to appre- in the afternoon. After dark they entered the ciate tliis conduct, it; must be understood that Capital. Mr. Lincoln asked permission to be the entire town was- with the exception of a taken to some one of his several influential few families - of unanimous political faith, andI friends in the city, before being thrust into jail, trusted to the powers that be as the adherents but the request was promptly and emphatically of a certain religious creedtrust to their father- denied. Arrived at the prison they found confessor. With a dread of " niggers" and a Marshal Lowe in waiting, and to him MIr. Linhorror of "abolitionists" such as only children: con repeated his natural desire to send for trained under similar influences could acquire, friends, but only to be again as'emphatically these representatives of the rising generation. refused. IHe was later in the evening allowed had, nevertheless, become devoted to their new to send a letter to the post-office, when it had teacher with an ardor of affection and respect become long past business hours, and it was asthat manifested itself in this trying hour in a certained that the first train for Cleveland left most decisive manner. Onlywith difficulty could'at four clock in the morning, but this letter he persuade them,-and particularly the older never reached its destination. girls - from undertaking his defence'vi et Before being shown to his cell, in the presarmis, and nothing could silence the emphatic ence of Mr. Lowe and the jailer, Mr. Lincoln expression of personal views of the Fugitive asked that his' irons might be removed, since Slave Law in general, and of " Sam Davis" in no escape could longer be feared, and his particular. It is not necessary to quote " sam- wrists were severely galled. But his crime was ples " of the expressions used; a lively imag- not trifling enough to allow of favors, and he ination, familiar with the habits of a naive was so informed. child's mind, will'readily supply them. Introduced to his new quarters and his new The ride to the city - Mr. Davis's assistant associates, the irons were removed, and hIe was was at Mr. Lincoln's instance soon dismissed- left alone, to sit up or lie down as he chose, a wvas not so pleasant as rides have sometimes liberty of choice which of course would not been. In the first place the road was exceed- have been allowed, had there been any conveningly bad, and their progress necessarily slow ilent way of withholding it. It is said that supto tediousness. And, in the other place, a care- per was ordered for him, but it is certain that ful comparison of views upon certain points none reached him. Driving the rats out of his did- not reveal a very affectionate unity of straw pallet, and stuffing his nostrils to keep opinions.'Mr. Lincoln having conscientious out " a little " of the stench, he was at-length scruples in regard to too frequent violations so fortunate as to woo the caresses of Morpheus, of the third commandment, was not always but had scarcely succeeded before a messenger pleased with his companion's choice of lan- came to say that it was car time, and Mr. Lowe guage; and Mr. Davis, not making any pharisai- was in waiting. At the depo't the Marshal procal or other pretensions to personal piety, it may vided his prisoner as well as himself'with a reasonably be feared, could not fully sympa- cup of coffee and a piece of pie, the taste of thlize in some of his cbmpanion's " faithful" ex- which Mr. Lincoln avers will long remain hibitions of Gospel Truth. And then Mr. bright in his memory. Not to multiply details, Davis ventured upon some' confidential revela- let it suffice to say that the prisoner, by providtions of " what he would'like to do" with his ing a livery for' himself and the marshal, sueprisoner, and others of the "' Rescuers," if he ceeded in finding.Judge -WILso N, who received were not fettered by the formns of law; which, his recognizance and released him at four as this volume is designed for " general circu- O'clock in the afternoon. lation" we will not repeat. Some tiume: in the { He had now been fasting twen'ty-eight hours OBERLIN-WELLINGTON RESCUE. 13 (excepting the morning lunch), with scarcely Robert L. Cummings was arrested in Cleveany rest, and subject, meanwhile, to such men- land on the 5th of May following. The remaintal excitement as the occurrences above'named ing six are still at large. These are:would naturally induce, and found himself at John Hartwell, James H., Bartlett, liberty, thirty-three miles from. a solitary ac- Jeremiah Fox, Thomas Gena, quaintance, with twenty cents in his pocket, John Copeland,; Franklin Lewis. and the Sabbath close upon him.' Consider that About two weeks before the day set for the his health is not strong, and a tolerably fair idea trials, which,: as the readeir may remembei, was of the success of tlhe Administration tmay be the 8th of March, the United States Districtformed. Mr. Lowe on being appealed to, re- Attorney applied to the counsel for the defence lented so far as to lend him a dollar,' which for a further extension of the adjournment, brought him to Oberlin; whence friends re- pleading private professional engagements of turned him to his school. importance. His request was granted, and the Shortly previous to the first of March, Rich- cases put over to Tuesday, the 5th day of April, ard Winsor; indicted as Robert Windsor,* -who 1859. It was agreed that the'case of SIMEoN was absent from town at the time of the first BUSHNELL should be first taken up, and that arrests, and had not been sought for since, pre- the others should come on in the order of the sented himself before the Court at Cleveland, docket, unless by mutual consent. At the reand asked to have the orthography of his-namne quest of the counsel for the defence the Court corrected, and to be bound over for trial; had granted Mr. Bushnell a "struck" jury, wvhich was accordingly done. which is a panel of forty, from which each * Tere are numerous errors in the orthoraphy of party strike twelve peremptorily, and the first Tlfere are numerous errors in the orthography of.. the names, though not many of them so serious as twelve of the remainder drawn by the clerk this: th'e compiler follows the Clerk of the Court in are sworn in. this chapter. C-HAPTER SEC OND. TUESDAY, APRIL 5, 1859. On the coming kidnapping, which was found by the Grand in of Court, at 10 o'clock in the forenoon, the Jury of that county &t its' last. session, -and case of SI mEox BUSHNELL was called, and was now confined in Lorain county jail, at the defendant responded'in person and by Elyria. counsel. In addition to the three gentlemen While the Court had the matter under ad-'who had volunteered their legal services for visement, however, Mr. Lowe made his appearthe defence on the first appearance' of the de- ance, having been discharged at an, early hour flndants, Mr. F. T. BAcKuS.now came forward on the bond of Mayor Sampsel [of Elyria],% ~n the same behalf. The District-Attorney as- which was given as security in the sum of one sociated with himself Hon. GEO. BLISS. thousand dollars for the defendant's:appearance Before the organization of the jury, the Dis- for trial on the 1 7th day of May following. trict-Attorney informed the Court that he Twenty of the thirty indicted who had been. should need a writ of Habeas corpus ad Testifi- arrested, were present at the bar of the Court, canduom in behalf of Jacob K. Lowe, a material and being neither called on to renew their-rewitness for the government, who, as he was in- cognizances nor taken into custody, continued formed, had been arrested at Grafton, the their regular attendance at Court, until ordered evening previous, on his- way from Columbus to jail, as we shall see by and by. Their coun-, to Cleveland, by Richard Whitney, a deputy- sel advised them that they were considered by sheriff of Lorain county, under and by virtue the Court as continuing their recognizances of. a warrant issued by the Lorain County until voluntarily surrendering them. Of the Court of Common Pleas, on an indictment for twenty thus in attendance, sixteen were from 14 HISTORY OF THE Oberlin, and four from Wellington. Their any opinion of the guilt or innocence of the acnames will be found iln the next chapter. cused; to which each responded for himself in the negative. The DISTRICT-ATTORNEY requested the THE TRIAL OF BUSHrNELL.- First Day. Clerk to call the names of the witnesses for the United States District) prosecution, which being done, and twenty-nine U-nited States District} Court, Northern aDis- WVILLSoN, Judgre. failing to respond, he asked an adjournment trict of Ohio. ) until afternoon. Judge SPALDING aske(l that the jury might The United States? Indictment for rescuing a be sworn first. The trials were likely to be BSimeo uBshnell. fugitive from service. lengthy enough at best, and it was to be loped that no time would be lost. He wished, also, and GEo. W. BELDEN, thought it only a matter of common prudence, U. S. Dist. Att'y, For the Government. that the jury should be put upon their oaths GEO. BIISS, ) before goingy out to mingle with the community Rurus P. SPALDIING, at large, where they would be constantly hearFRANKLIN T. BACKUS, For the efence. ing the merits of the case discussed. ALBERT G. RIDDLE,. The DISTRICT-ATTORNEY thought an adSENECA 0. GRISWOLD, J monition fiomd the Court would be sufficient safeguard, and answer every purpose, in which Of the sixteen struck jurors,:twelve answered'The COURT concurred, and charged the jury to their names, as follows: to avoid all conversation among themselves upon the case they wecre about to try (as they GEORGE KNUPP, Tiflin. would, of course, with other persons), and if JAMES G. HALEY, Napoleon. any approaches were made to them, they would bSABERT SCOTT, St. ~Mary's. give immediate notice thereof to the Court. And thereupon a recess until 2 o'clock was EDWARD FOSTER; Bryan. declared. DANIEL P. RiODES, Cleveland. ANDREW-r LUGENBEEL, Tiffin.;. -FIRST DAY-AFTERNOON SESSION. w L Tiffin.ICourt convened at 2 o'clock. GEORGE AV. SLINGLUFF, Canal, Dover. Jur called. JAMES JUSTICE, Tremont. Names of witnesses for the prosecution called. CHARLES N. ALLEN, Cadiz. Thirteen failed to respond. JOIHN CASSELL, Marysville. The COURT asked if the defence were ready G GORGE HARPER, Upper Sandusky. to proceed. Mr. RIDDLE asked leave to withdraw tenmANDRPEW SCOTT, Newton Falls. porarily the plea of Not Guilty, in order to It is but just to all concerned to remark, that enter a motion to quash; which being granted, although all parties. connected with the prosecu- the plea of Not Gulty was withdrawn, a motion all -.to quash filed subject to future call and argution were notoriously of one political faith, and ment, and the plea, of Not Guilty then.resumed all parties prosecuted of another, the Clerk of' for the purposes of the trial. the Court, who had the making of the jury en- Jury sworn. tirely in his own hands, summoning without re- of the witnesses for the prosecution as Such of the witnesses for the prosecution as whom chose ablwere present were then called, and, after beino' striction whom he chose, was able to find only sworn, dismissed to the Grand-Jury Room, with ten men out of the forty who sympathized polit- an order from the Court not to enterthe Court ically with the defendants, while he found thirty Room during the giving of testimony, until sent who sympathized with the Court. The ten for. The DISTRICT-ATTORNEY then stated the were immediately " stricken " off by the /Dis- case to the jury as he expected to prove it, by trict-Attorney, and the defence allowed their reading to them the indictment, which runs as, "choice" of the remaining thirty. follows:A series of similar acts, forming an unbroken United States of America I.I P.. United States- of America) chain from the beginning to the time of present Northern District of Ohio ss. writing, has doubtless induced the appellation.In the District Court of the; somewhat widely used in the public prints of United States,for the North"The Political Trials at Cleveland.". ern District of Ohio, of' the Judge SPALDING, by permission of the Novemberterm, A. D. 1858. Court, stated to the jury. the nature of the case The Grand Jurors of the United States of about, to be tried, and then inquired of each America, empanelled, sworn and chara'xed to juror, whether he had, in his own mind, fbrmed inquire of' crimes and offences within aild f or OBERLIN-WELLINGTON RESCUE. 15 the body of the Northern District of Ohio, upon And the jurors aforesaid do further present their oath, present and find, that, heretofore, to and find that Simeon Bushnell, late of the Diswit, on the first day of March, in the year of trict aforesaid, together with divers, to wit, two our Lord one thousand eight hundred and fifty- hundred other persons, to the jurors aforesaid seven, a certain negro slave called John, a person unknown, heretofore, to wit, on the first day of held to service andi labor in the State of Ken- October, in the year of our Lord one thousand tucky, one of the United States, the said John eight hundred and fifty-eight, at the District being the property of one John G. Bacon, of aforesaid, and within the jurisdiction of this the said State of Kentucky, the person to whom Court, with force and arms, unlawfully, knowsuch service and labor were then due, and ingly, and willingly, did rescue the: said negro the said negro slave called John, to wit, on the slave called John, then and there being pursued day and year last aforesaid, so being held to and reclaimed, seized and arrested, and in the service and labor as aforesaid, and said service custody and control aforesaid, he, the said negro and labor being dlue as aforesaid, did escape slave called John, being then and there a fuoiinto another of the United States, to wit, into tive from, Anda held to service and labor as the State of Ohio from the said State of Ken- aforesaid, fiom the custody of' the said Andertucky: -that afterwards, to wit, on the first son Jennings, then and there the authorized day of October, in the year of our Lord one agent of' the said John G. Bacon as aforesaid, thousand eight hundred and fifty-eight, one and the said Jacob K. Lowe then and there Anderson Jennings, the agent and attorney of lawfully assisting the said Anderson Jennings, the said John G. Bacon, duly authorized for as aforesaid, he the said Simeon Bushnell then that purpose by power of' attorney in writing, and there well knowing that the said negro slave executed by the said John G. Bacon, to wit, on called John, was then and there a fugitive- perthe fourth day of September, A. D. 1858, and son held to service and labor as aforesaid, and acknowledged before him on said day, befbre pursued and reclaimed, seized and arrested and Robert A. Cochran, Clerk of the County held in custody as aforesaidl:- to the great Court of the county of Mason, in said State of damage of' the said John G. Bacon; contrary Kentucky, and on said day certified by said to the form of the Act of Congress in such case Robert A. Cochran, clerk as aforesaid, under the made and provided, and against the peace and seal of said Mason County court, the said Robert dignity of the United States. A. Cochran then being a legal officer, and the- G. WV. BFgLDEN, U. S. Attorney. said Mason County court then being a legal He informed them that this indictment was court — in the said State of Kentucky, in which based exclusively on the Act of Congress apsaii State said power of attorney was executed- proved Sept. 18, 1850, commonly known as did pursue and reclaim the said negro slave the Fugitive Slave Law, which was passed as called John, into and in the said State of llio,an amendment to the Act of Feb. 12, 1793. and did, to wit, on the said first day of Oeto- e would read that portion of tie Act of ber, in the yelar last aforesaid, in said NortlIern 1850 which authorizes the seizure of the fugiDistrict of Ohio, and within the jurisdiction of tive from service with or without process. this Court pursue and reclaim the said negro" ~ 6. And be it further enacted, That when slave called John, he then and there being a a person held to service or labor in aly State fuglitive person as aforesaid, and still held to or Territory of the United States, has heretoservice and labor as aforesaid, bIy then and fore or shall hereafter escape into another there on the day and year last aforesaid, and at State or Territory of the United States, the the District aforesaid, and within the jurisclic- person or persons to whom such service or labor tion of this Court, seizing and arresting him as may be due, or his, her, or their agent or attora fugitive person from service and labor, from ate said State of Kentuciy as aforesaid: - and ney, duly authorized by power of attorney in the said State of' Kentucky as aforesaid: —and ritino, acknowledyed and certified under the that the said negro slave called John, was then of some legal fier or crt f the State r seal of some legal officer or court of the State or anfo thered, to Wit, ol the day and year last Territory in which the same may be executed, aforesaid, in the State of Ohio, at the Dirict may pursue and reclaim such fugitive person, aforesaid, and within the jurisdiction of this either by procurina wrrant from some one Court, lawfully, pursuant to the authority of oftlie courts, j eor comissio afresaido the statute of the United States, given and de- of the courts, judges, or commissioners aforesaid, of the proper circuit, district or county, for the clared in such case made and provided, arrest- apprehension of sch fuitive from service or ed, in the custody and under the control of the by seizing nd n such fugitive labor, or by seizing and arresting such fugitive said Anderson Jennings, as agent and attorney where the same can be done wthout poess aforesaid, of the said John G. Bacon, to whom the service and labor as aforesaid, of the said by taking or causing such person to be taken: forthwith before such court, judge, or negro slave called John, were then and still commissioner, whose duty it shall be to hear due as aforesaid, - togeIthner with one Jacob and determine the ease of such claimant in a K. Lowe, then and there lawfully assisting him, ummary manner," etc. the said Anderson Jennings, in the afbresaid next section provides for the punish arrest, custodry, and control of the said negro ment of those who interfere with the arrest to lave callecd John. prevent or violate it:" ~ 7. And be it further enacted, That any 16'HISTORY OF THE person who shall knowingly and willingly ob- ing in his indictment, in compliance with the struct;, hinder, or prevent such claimant, his terms of Sect. 2, Art. IV. of the Constitution, agent or attorney, or any person or persons that the negro John was held to service or lalawfully assisting him, her, or them, from arrest- bor in the State of Kentucky, ", under the laws ing such a fugitive from service or labor, either thereofJ:' The defence would therefore insist with or without process as aforesaid, or shall that by no law, human or divine, did the negro rescue or attempt to rescue such fugitive from rescued owe service to any man living; that his service or labor from the custody of such claim- arrest was kidnapping, procured by the use of ant, his or her agent or attorney, or other per- the most scandalous and fraudulent deceit, and son or persons lawfully assisting as aforesaid, that, whether the defendant aided to rescue when so arrested pursuant to the authority him or not, he was amenable to no criminal herein given and declared, or shall aid, abet, or statute whatever. assist such person so owing service or labor as The first witness called was aforesaid, directly or indirectly to escape from John G. Bacon. Reside in Kentucky, in such claimant, his agent or attorney,or other per- Mason county. Have resided there four years. son or persons legally authorized as aforesaid, or WTas born and brought up in the State.' Owned shall harbor or conceal such fugitive, so as to a negro boy named John from the Spring of prevent the discovery and arrest of such person, 1847 to January 1856. Do n't know who owns after notice or knowledge of the fact that such him now. He is still my property. Never person was a fuoitive from service or labor as parted with my interest in him. I-Ie is still aforesaid, shall, for either of said offences, be mine, bone and flesh. He ran off from me in subject to a fine not exceeding one thousand January, 1856; he and another slave named dollars, and imprisonment not exceeding six Frank, and a negro woman named Dinah, all months, by indictment and conviction before ran off at the same time. They stole two the District Court of the United States, for the horses from me to go off' on. I finally got the district in which such offence may have been horses again. Dinah was my - committed," etc. Mr. BAcKIu. No consequence about Dinah. He might also call attention to that clause in John went without ly consent or direction. the Constitution of the United States, which I executed a power of attorney to Anderson clearly authorizedl the passage of this act. Jennings. Art. IV., Section 2. "No person held to ser- [The instrument referred to was here previce or labor in one State, under the laws sented to the witness and identified by him. It thereof, escaping into another, shall, in conse- runs as follows: —] quence of any law or regulation therein, be Kow ALL MIENr BY TIHESE PRFSENTS, discharged from such service or labor, but shall That ichard Loy John G. Bacon, of In. >, That we, Richard Loyd and John G. Bacon, of be delivered up on claim of the party to whom the county of lason, and State of Ientucky, such service or labor may be due." such servic or lr my duo hereby constitute and appoint Anderson tie said that h-e shoulcl show that tl~is negro He said that e sould show that this nero Jennings of' the county of Mason and State of was rescued by the defendant and his associates, Ientucky our attorney; for us and in our not only to the great detriment of the owner, name and for our use, to capture and return to our service and possession in Kentucky, three made the arrest as authorized by this statute, negroes now at large in the State of Ohio: but even against the earnest wishes of the neygro Which negroes anser the following descriphimself, who expressed himself anxious to re- t, turn to the service of his master. They should Frank, the property of Richard Loyd, is a further show, on behalf of the Government, large black negro, that this defendant, previous to going himself ys rg ther thic tong i, atwent-sx to eli, gt up a g d eyes, rather thick tongued, about twenty-six to WVellington, got up a great cdeal of excite- eas old.:Joh tle propety of Jon G. meatin thetow ofObrlin;htchedxcite-years old. John, the property of John G. ent e ton of Oberlin; hitcheduphis Bacon, is about twenty years old, about five own carriage, and exhorted others to do like- feet six or eioht inch high, heavy set, copper wise; and when calling for volunteers to go to colored, and will weigh about 140 or 50 pounds. Wellington, rejected some, saying that hie Dinahe property of said Bacon, is a tall, wanted men, not boys, as there would most slim negro woman, about twenty-one or two likely be a fight. And that after the rescue he ars old, dark copper color, very straight, boasted of the success of. the mob and of his holds high hears d, andvery quick spoken. share in its doings, and avowed his entire readi- dhatsoever our attorney shall lawfully do in ness to act a like part again on the first oppor- th e premises, oe do hereby confirm the same, tunity. SPADIN thne premises, we do hereby confirm the same, tunity. as if we were present and did the same in our Juclge SPALDING replied briefly in behalf proper naes. of the defence, that they should contend that IN WITNESS WrEREOF we have hereunto no such offence as that charged -in the indict- set our hancs and seals, this 4th day of Septemment could be perpetrated in the State of Ohio, ber, 1858. RICIARD LOYD, so as to make the defendant liable to fine and JOHN G. BACON. imprisonment as a punishment therefor. The District-Attorney had fatally erred in not charg OBERLIN-WELLINGTON RESCUE. 17 State of Kentucky, set. I I Sall get any more. The Irishman's name is Mason County, s Peter. Left Dinah, John, and Peter when I I, Robert A: Cochran, Clerk of the County went to fLther-in-law's. Locked. up the house, Court of the county aforesaid, do hereby cer- takingr all my family with me. They staid in tify that this power of attorney, from Richard their own cabins. They three were alone on Loyd and John G. Bacon to Anderson'Jen-' the place when I left. Dinah is cousin to John. nings, was this day produced to me, and ac- My place is about a quarter of a mile from the knowledged by the said Richard Loyd and John Ohio -river. Ripley, im Brown county, is the G. Bacon to be their act and deed. The said nearest village on the- opposite shore. I live parties are personally known to me, and the about two miles above. the Ripley ferry. Never said acknowledgment is accordlin to law. heard of John's going over that ferry under any Given under my hand and official seal, in circumstances. Found the horses in Brown the city of Maysville, this 4th day of Septem- county, about twenty miles from home. The her, 1858. ROBERT A. COCHmrAN, Clerk, nigg ers had left them on purpose. The horses by WILLIAM H. RICHARDSON, D. C. were all right when I found'em; did n't seem to have been ill used in any way. John was in Have never seen John since he left in Janu- the habit'of riding them. They were rather ary, 1856. John was born and'raised: on my high-spiritel. Don't know whether they ran father's farm in Mason county, Iy.: He was off with him or he with them.. Found the eighllteen years old, about five feet eight inches horses about a week after I missed John. I exhigh, copper color, and heavy built. At'the -ecuted thlis power of attorney; signed it on the time of his escape he owed service to me, if to day of its date. Jennings was a neighbor of mine. any one. Previous to his owing' service'tolmy- At the date of this power of attorney he was in self he ovwed service to my father and to his Ohio hunting a slave of his own. He wrote to famitlly. John's mother was a slave and is still; me that he had discovered a nigger near Oberhas been ever since I can remember. Have lin answering to the description of mine, and so never relinquished my right to his service. I nmade him this power of attorney. iHe doesn't [Objected to.] follow the business of capturing niggers. Think C;ross-exanimined. Father died in 1845 or John weighed about one hundred and fifty or 1846, leaving myself and five other children, one hundred and sixty pounds. whlo are all still living. Knew when John was 3';Mr. BacKIus: What was the arrangement born, because I was then on the farm and heard between you and MfIr. Jennings? what was you of the event within aan hour after it happened. to give him if he got John back for you'? Was fifteen or. sixteen years old at the time. Judge:BLISS objected, and argued lhis objecRemember I was at home at the:time; do not tion at length. remember what time in the year it was. There Mr. BACKUS urged the perfect propriety of were twenty or twenty-five other persons of the inquiry. both sexes on the place at thetime, who were The COURT overruled the objection and diheld -as slaves. Others of them'were bor reeted the witness to answer the question. slaves, like John. Was gone from home to Witness continued: If he brought him back, boarding school, moreor less afterward. Do not he was to have one half of. what the nigger remember how long I was at home after John's would sell for; I to sell him when, and where I birth before I first went away to school. Was chose. away two years or so in all. First went'away The DISTRICT-ATTORNEY filed the power somlething like- a year or two after John's:birth. of attorney as evidence, subject to the excepDidn't recognize hini from personal memory tions ofthe defence. from time to time as I camne home from abroad, Robert A. Cochran, called. Reside in Maysbut supposed him to be the same because he ville, Mason county, Ky. Have resided there bore the same name, recognized the same moth- fifteen years. On the 4th of September, 1858, er, etc. The boy's mother was held by my was acting as clerk of the Mason County Court. fatier as a slave from my earliest recollection; Have been its clerk since 1851. that's all I know of my father's title to her.'Judge SPALDING wished it understood' that Also knew John's grandmother; she was held, the testimony of this witness was received subtoo, as a slave. I was nineteen years old when ject to exceptions. my father died; never purchased the boy; claim The COURT assented. him only by inheritance. Was not at home Witness continued: This is not my signature. when John and Frank and Dinah went away. MIy name was written by a deputy. [These Was visiting my father-in-law about four miles statements refer to the acknowledgment of the distant. Had been gone two days. Left things power of attorney.} The deputy was Wm. H. in charge of an Irishman, who is still in my em- Richardson. The entire certificate of acknowlploy. He had no more general authority. than edgment is in Richardson's handwriting. Am any other hired hand.'Ile and John had about acquainted with John G. Bacon; have been for equal authority. Neither could control the at least the last nine years. Do not know the other. Own no slaves except John and Dinah. negro John. Have no personal knowledge of Never did own any others, and don't know as this acknowledgfment. Have no better evidence 3 18 HISTORY OF THE that it was ever made than the handwriting of up stairs ivith us. leant to take the nigger my deputy. This is the seal of the Mason before United States Commissioner Chittendlen, County Court. at Columbus. Did n't take him there, however. [The counsel for the government here read. [Laughter.] Don't knowthe defendant, There the power of attorney and the certificate of was, I thought, as much as a thousand people acknowledgment.] around and in the house. [Great laughter.] Anderson Jennings, called. Reside in Ma- A great many of then had arms;- rifles, shotson County, Ky. Was born and raised within guns, etc: Should think there were five hunabout four miles of John G. Bacon. Live now dred guns in the crowd. [Renewved laughter.] about five miles froll him. Knew John two or First met John about two or three o'clock in three years before he ran'away. Had seen the afternoon. The people began gathering in him ten or fifteen times, perhaps, in all. Bacon pretty soon after, and hung about till purty owned him. I rean lie owned him- as we'd near dark. Took John up stairs purty soon own any property. Didn't see him run away. after I first met him.'Was up there with him Don't know as he did run away. -eard he some three hours. Several got into the room did. First went to Bacon's without seeing him up stairs. They brought in a shey'iff, and tried several months after it was said that he had run to arrest us. They asked the negro if he was away. Have seen him since then. Saw him a slave, and. whether he wanted to go back; to at Wellington, in this State, on the 13th of Sep- both of which questions he answered, Yes. I-e tember, 1858. said he was the slave of John G. Bacon. The The DISTRICT-ATTORNEY: Did he recog- hnigger and myself went out on to the platform nize you? to tell the crowd that he was a slave, and wantiMr. BAcKus objected earnestly that the acts ed to go back; but there was two or three rifles of this piece of property, this chattel, this pointed at him, and it skleert the nigger so't he thing, were nothing to charge the defendant by, went back into the house. Purty soon after unless he, the defendant, were a party to them. that the crowd'broke inthe window of the third The recognition of his master's agent by this story. I had fastened the door with a rope, chattel, was no more than the recognition a dog and held on as well as I could. PIurty soon might make by the wagi ing of his tail. It was they come up the stairway, andcl begun to pry absurd in the Government to attempt to charge at the door. - Then the next I know'd I got a the defendant by such frivolous and incompe- punch on the side o' my head, which went tent testimony as was sought to be introduced through my hat, and knocked me over. here. [Wounded hat exhibited.];It stunned me a DISTRICT-ATTORNEY: The question is one good deal. They punched thllough a stove-pipe of identity. The question put to the witness is, hole that was made throughl the partition, beDid he recognize you? I contend that,' for the twixt the little room at the head of the stairs, purpose of id(entifying this piece of property, if and the room't we was in. It, was'made the'gentleman prefers that title, it is competent through close by the door, and was right agin to prove that the negro boy came up to the fmy head, as I stood a-holdin' the door. So I witness, shook hands with him, and expressed let go the rope when I was knocked down, and his desire to go back to his master, naming Ba- they conme in and took the nig-ger out. The con as his master. next I see of the nigger he was a p addlin' down The CounT sustained the objection, and stairs over the heads of the crowd, as it seemed ruled out the evidence. to me. Then I went to the window, and saw The DISTRICT-ATTORNEY to the witness:'ell puttin' him into a wagon that stood in the Well, did you recognize him as the boy John, middle of the square, in fiont' of the house. whom you had known in Kentucky, as the After they got him in, the wagon: was drove off property of John G. Bacon? towards Oberlin. They brought a,man up Witnzess: I did. I had a power of attorney they said was a lawyer, and we showed him the from John G. Bacon, authorizing me to arrest power of attorney, and all our papers, and fifhim. [Taking the paper offered him.] This teen or twenty others looked at'emi. We inis the one given me. Iad this in my posses- vited'em to go to Columbus with us, and see sion when I met John at Wellington. We that the nigger lied a fair trial, and promised meant to take him to Columbus. I met him'em that if we didn't prove all we claimed, we'd first at Wellington, at Wadsworth's hotel. This let them fetch him back. was the first tine I had seen him since I saw They said that was a little too fur south him in Kentucky before he was missing in Janu- [Laughter]; they didn't like to trustit. I myary, 1856. Met him first in a room below self also told'emr that the nigger was a slave of stairs. Didn't like the looks of the room, be- Bacon. Have never seen John since. He cause it was large, and there was folding doors, went off at purty good speed. rLaughter.] Don't and there was no fastening to the door, and the think I heard the name of the man that was in people began to gather in with their guns. the wagon with him. Can identify only one Found the landlord, and got him to give us a man that was in the crowd, and he is a yaller better room up stairs, in the top story. Lowe, man they call Watson. I see him sittin' over Mitchell, and Davis were helping me, and went yonder now. Think there were fifteen or OBERLIN-WELLINGTON RESCUE. 19 twenty niggers in' the -crowd, in all. The He went into the city with me, and found Mr. crowd come into the room and seized hold of Chittenden. Mr. Chittenden give us a warthe nigoer, and with pullin' and pushin' took rant. Lowe and I then come back to Oberlin. him out. They was all'round him. He didn't Got there about ten or eleven o'clock at night. go out of himself. Mr. BACKUS: What day was this? Cross-examined. Think Bacon has been Witness: This was Friday. living where he now does some ten or fifteen Mr. BACKUS: But you went away on Satur. years. Am older than Bacon. hIave known day; itseems to me you must have made pretty him fifteen or twenty years. Did n't go abroad good time! [Laughter.] to school with him; but know that he did go Witness: No; I was mistaken. Friday away to school somewhere; don't know where. night was the nig'ht I got back friom Columbus. Knew the niggers in my nleighborhood better I must have got back from Kentucky befbre when I was young than I do now. Know that. Saturday all day didn't do much of Bacon's niggers. Bacon never owned more any thing. Saturday night we went - me than two niggers that I knew of. One of these and Lowe -to Gen. Boynton's. There we was John, and the other was a nigger woman made an arrangement with the General's they called - called - lemmesee, I can't think little boy to come and get the nigger out of of her name now, but it seems to me I've heerd town, away from his house. The General it. was n't in the room when we made the bargain Mir. BACKUS. Oh yes, you know all about with the boy, but I told him what I wanted the her, her name was Dinah, wa'nt it'? [Laughter.] boy for, and lhe made no objections. After I Witness: Well, I dunno; but I should rather had made the arrangements with the boy I think it was. I saw Johln hauling sand about told him of it agin, and he said me and the boy a year before lie put off. Saw him haul one must make'our own airangements; they was load. His marster was buildin' a house then, nothin' to him; the'boy was capable of lookin' and they wanted the sand ifor that. IHad seen out; for himself. him several times before. Think he would iMr. BAC1KUS: How did you come to go to weih'165 or 170. He; was twenty-one or Boynton's? twenlty-two years old. Knew him well enough }, Witness: AV~al, we was told that it would be to recognize him at sight. Never made any dangerous to undertake to arrest the nigger in arrangement with Bacon about pay for ketchin' that town; so I went to old }Mr. Warren, and the nigger. Never madie no bargain with him asked him if he knowed:of any one a manabout pay no-ways. Never heerd nothin' saild could put confidence in [great laughter], and about my havin' one half what the nitgger would he told me I could trust Boynton. sell folb I set down at Oberlin and wrote to him Mr. BACIKUS: WVho told you that there was that the nigger was there, and if he'd send me a danger? power of attorney and. a witness I would try TVitness: I heard a good many talking and bring him back. Did this out of pure about it; Mr. Warren for one. neihlborly regard. Thounght it was mny duty Mr. BACKUS: So you heard Mlr. Warren to. Never tried nigg er-catching before.;Never say there was danger, aind so went to him for asked nor was offered any pecuniary reward counsel. Well, -what was the arrangement whatever. There was nothing passed between between you and the boy Boynton'? us about reward at any time, either by letter, Witness: I engaged the boy to go and hire by word, or by third parties. What: I did I the ni-gger to come and dig potatoes on his did all out of pure neighborly regard.: Went father's farm, and if he brought the nigger I to Oberlin after a nigger of my own. -I wrote was to give him $20. the letter a day or two after I got to Oberlin, Mr. BACiKUS: Well, then, you told the old and directed it to Mr. Reynolds, and directed man what you had promised the boy? him to send it out to Mr. Bacon. He sent Mr. Witness: No, I did n't tell him any thing Mitchell at once with the power of attorney. I about it. met MAitchell first at Sandusky. I started fiom lr. B3ACIUS: lWhat, sir! do you reem-nSanclusky to go home, and reached home, and ber what you told me within the last fifteen saw Mr. Bacon. I-le told ime that he had sent mninutes? M1itchell, and that Mitchell had just started, Witness: Wal, I'only told him: I had got and must have passed me on the river. So I the boy to come down, I did n't tell him what started back and overtook 3Mitchell at Oberlin; for, and he said me and the boy must fix it up Arrived at Oberlin on the Friday immediately between us, lie had nothin' to do with the boy's preceding the Mlonday of the Rescue, which doins. I never made the ol(l man Boynton was the 13th of September; so. the' Friday any offer for his help. He knowed what I was must have been the - the the 10th. goin' to use his boy for, for I told him myself Found Mitchell, and asked him if he had seen before I said any thing to the boy. Then' me the nigger. He said he had. Put up at Wack's and Lowe went back to Oberlin. This was tavern, and found Mitchell there. So the next Sunday, towards night. The boy was to come morning I took the cars for Columbus, and down on Monday morning, and see if he could found Lowe out of the city on the Fair Ground. hire the nigger to dig the potatoes, and after he 20 HISTORY OF THE had seen the nigger he was to come and tell us floor, but think it' was the second. Don't whether the nigger would go or not. So the know whether the stairs landed in a hall or in next'mornin' he. come and told us that the a room, but had to pass.through a door after nigger said he could n't go, for Frank had got reaching the top of the stairs. Spoke to them cut, and he'must.stay and:take care of him,- that were inside, and they let me in. Had no I wanted to get Frank too-but that there occasion to show weapons going up. Said was a nigger down at New Oberlin that he nothing to the people in the halls or on the thought would go and dig the potatoes, and he stairs. Saw the people crowding in with guns, would go with Shakespeare and help him find asking for the'men that nhad Johnz, and didn't that nigger. So -we told Shakespeare that stop to talk long! [Laughter.] Crowd made would do, and he went back with his buggy and no opposition to my going up. The room in took John in, and in about fifteen minutes Mr. which John'Was had no good fastening, so I Lowe, and Mr. Mitchell, and lMr. Davis started asked the boys [Lowe, Davis, and Mitchell] if on after- him, I staid at Wack's till Shake- we couldn't get a better room.. Landlord soon speare come and told me that'they'd got him. came in and I asked him. So he showed us Mr. BACKUS:' Did Shakespeare tell- you up stairs. Crowd made no resistance or demhow they took him? onstration of any kind as we passed through TWVitness: Yes; he said about a mile and a the hall. Landlord led the way. Think I half or two miles out of town they overtook was next; all went out together. As many him, and drove alongside of his buggy,'and as two could go up the second stairs abreast. then they took the nigger out of his buggy and Am not positive whether I found John on the put him -into theirn, and drove off with him. first or second floor. At the top of this -second Mr. BAcKus: Did you give him the $20? flight of stairs, the landlord showed us a safer Wtitness: Yes, sir; I gin him the $20, and room. WVent in. Took my stand at the door. got my dinner, and started for Wellington. I Landlord left without.going into the room. hired Mr. Wack's buggy, and he sent a boy Lowe, Davis, Mitchell, John, and self, staid. down with me to bring the buggy back. I Staid till about dusk. It was a filont room. started about one o'clock. Don't know whose Recollect only one, window. The window horse and bug y Shakespeare had; supposed looked out upon the public square.:Heard it was Ihis dladdy's. Paid the boy in good nothing from the crowd below distinctly enough money; don't remember what sized bills. Saw to make out words. Some men came pretty no fire-arms along the road. Had two pistols soon. and asked us to let them in. First along in my pocket. I let in every one that wanted to come in. Court adjourned till next morning at 9 The first that wanted to come in, come within o'clock. fifteen minutes after we got in. They come in about two or three to a time.. Would come SECOND DAY. - 9 A. M. and rap and ask if they might come in. I would Anderson Jennings. Cross-examination con- ask'em how many there was, and they would tinmed. Have:had no conversation with Bacon say, two," or "three," or "four," as it hapsince adjournment of Court yesterday. He pened to be, and then I would let them in. told me in our conversation before.I came Did n't see defendant there. Did.n't see him after Mitchell, that he had said he would give at all during the day. The sheriff' come and $500, or one half the value of the nigger to wanted us to show our authority for taking that any one that would. catch him and bring him boy. We showed him our papers. I-Ie staid back. -Never saw the nigger after he run off some time and talked! about arresting us till I saw him at WTellington. Had-two pistols This. was about an, hour after I got there. with me. [Witness'sholved one of them, a Sheriff passed out and in several times. HIe five-shooter, and said the other was precisely went away the last time within an hour of the'like it.] Had no other weapons. Had two time he first came. After the sheriff he come pairs of handcuffs. [The Court ruled out the in and talked so about arresting us, concluded evidence with, respect to handcuffs.] Never I would n't let in no more,'cept such as had a informed. any. one at Oberlin of my business right to come in. But there was three or four except under injunction of secrecy.. Stopped staid in the room all the time. One of the nowhere. between Oberlin'and Wellington. men inside' was purty.reckless, and'hollered Stopped at Wadsworth's hotel in Wellington. out to the crowd that they was dcl d cowards Fouind a good many people there. Did n't know and fools. I asked'em why they did n't come any of them. Found Lowe, Davis, and the up and take the man out. We told him to hush, boy John in the hotel. Found them in a room but said nothing to the crowd outside; either on the first or second floor. Found where to to those below in the square, or to those in the go by the people crowding up the steps around hall'. Those in the square could not have the door. Fifty or. sixty. persons were about. heard what I said, but those in the hall were Didn't see the defendant. The hall below perfectly still when any of. us was talkiing.stairs, and hall above, were full with them. inside, and might have heard. -The punch Had hard work to get up stairs. Not sure against my head through the stove-pipe hole whether I found John on ithe.first or second was about half an hour before John was taken OBERLIN-WELLINGTON RESCUE. 21 out. This lick" did n't knock me down, but I started with the power of attorney. I did not would, if I had n't been braced. It broke the know at the time that Iacon had offered any skin and made. the blood run. Did n't let go kind of reward for his nigger, but in the course the door till they broke in the window. They of the conversation he told me that he had come into the window with a ladder. They got said he would give five hundred dollars, or half from the ladder on to the platform, and clumb the value of the nigger, to any one that would from the platform into the window. Good fetch him back. I tried to get him to go, but many got in through the window; don't know he said he could not, and so finally I told him how many; ten or fifteen piled in at least. that since I had caused him to send the power Others come in at the door. After I see'em of attorney, I would go and use it if' I couldl colle in at the wdoodo, but nothilg was said by either of us about any was perfectly cool, know all that was done. reward:to be given to me. Think the wagon They seized hold of nobody but John. Seized was ten or fifteen yards from the hotel; don't him and took him out. I made no iemlon- kI now certain. It stood about in the centre of stration to fight at all. They crowded all the square. Do n't know how large the square around John and. moved toward the door. was. Think there were no persons of his color in Cross-examination resumed. We have difthe crowd that' surrounded him. Didn't see ferent names for different colored niggers at anybody take hold of him, but they all sur- the South. Some we call black, some yellow, rounded him and moved along towards the and some copper-colored. Yellow is part door with him. Staid fifteen or twenty mim- white and part black blood, usually about halfutes after John had gone..Saw John but once and-half. Coppdr color is between black and after he was taken out, and that was just as light mulatto. Black is black -pure African. they were landing him into the wagon. Was Some would call John copper color, but I lookincg out of the window. See a right smart should call himi black. Have seen blacker niglittle'bunch of men with John, andt they took gers than him. Never saw a slave so white it ihim andt put him in the wagon. Saw him just was hard'to. tell him from. a white person. as he got cleverly off' the hotel steps below, INever saw, as I can remember now, but one and saw the crowd'follow him and put him into that looked to mIe to be more than half white, the wagon. Saw him first when he had got and that was a free woman that come from within five or six feet of the waogon, and while Ohio. Saw some of these real white ones at he was being, put into it. The wvaon. stood Oberlin. about- in thle centre of' the square, and I saw Seth T/V. Barthlolom7ew called. Reside in him first when he was about half' way fi'om the Oberlin. Resided there in Septeliber, 1858. house to, the wagon. It might have been five Was not at AWellington on the 13th. Recolor six yards friom the house to the wagon. lects the occurrence. Saw the party start from Could just see John's head. There was such a Oberlin: to go. to Wellington. They left about crowd. about him that I couldn't tell whether four o'clock in the afternoon. The first went he was walking or the crowd carried him. He about four o'clock; and the rest kept stringing was put into the wagon. Several took hold of along afterwards. First saw the defendant him. Could see plainly from where I stood..comnin out of Fitch's bookstore. Defendant.Cannot say whether lie resisted the attelnpts to is the man witness saw. Defendcant inquired put llirm in or not. Very soon after lie was of some men on the street steps if," they: had put into the wvagon, they put on the switch and got John? " They said " they had."' He (derun him off. ITave never seen him since. fendant) asked what had best be done. The Have never seen the wagon since. Cannot men he asked were Professor Peck, Ralph tell whether it vwas three years more or less'Plumb, and James M. Fitch.' One' of them - before he ran off that I saw him hauling sand. can't remember which - told defendant to go Direct exaniznation esutned. John was a full out and get'ecm ready, and they would colme blooded negro,. not a drop of white blood in round and tell him. -These were tlhe words. him. Recognized John when I foundl him in Do n't know what was meant. Defendan t the room, to be the same boy I hadl known in started and went to the crowd. Crowdtv was Kentucky. There wasno arraiigement between sixty or eighty feet off. Next saw defendant me and Bacon about-. compensatinig ime fbr coming up to a buggy with two'men in it; one fetching the nigger back. Did what I did to- of them had a gun. Only two or thi'ee mrinwards it, and meant to do the whole, out of pure utes intervened between the time.he left the' neighborly kindness. Thought it was my duty. store steps and his coming up to the buggy. W5ent direct firom home to Oberlin the first Don't know who'the men in the buggy were; time in pursuit of a nigger belonging to my thilk they were students. Def'endant saicd to uncle's estate, of which I was adclministrator; the one without a gun that he had no business staid about a day and a half in Oberlin, wrote in there, and wanted him to get out. That's to Bacon, and went to Sandclusky. From San- about all witness heard defendant say. Don't dusky went home, passing Mitchell on the Ohio think the man addressed got ont. Saw defnldriver without knowing it at the time. Foundi ant get into George Stevens's buggy a few mrainBacon, and he told me that Mitchell had just utes after, perhaps ten minutes. Quite a' nuro 22 HISTORY OF' THE ber hadcl already gone. Heard defendant say as Fitch's store for the purpose of telling them nothing farther. Oliver S. B. Wall was in the more. Defendant came out of the store. They buggy with defendant. They drove south to- stood on the door-sill, and I stood on the sideward Wellington. Wall had a gun. Wall's walk. Don't know that any one else was near. color is what fshould call " mixed." Did n't- see Defendant spoke first and asked if they'd got defendant have any. Never heard defendant him. One of them told lim they had. [Witmake any statement afterward with reference ness repeated what followed' precisely as on the to where he bad been, or what was done at direct examination.] Watson's buggy left for Wellington. This is all witness knows about Wellington first of all. Was not surprised to defendant's part in the crowd. It was Stevens's find a crowd on my return to Oberlin, because horse as well as bug'gy. Did-n't see the horse it had been threatened that if any nman was afterward. Don't know where the horse and thaken off he would be followed and brought buggy went to. Defendant was noisy in the back. When I first reached Oberlin, returning crowd before he went away, but witness can't fiom Pittsfield, no crowd was gathered. Put tell what he said. I-Iaie no idea what he said. out my horse without speaking to any one, and Defendant went away about half an hour after coming into the street some fifteen minutes the first of the party started. The conversa- after, found a croivd of twenty or thirty pertion in the crowd was about getting off as soon sons. Then spoke to Peck, Plumb, and Fitcll, as they could to rescue John. They reckoned as before stated. Don't know what became of Lowe would take him to WTellington,' and catch Lyman after he got out at his house in the the five o'clock train for Columbus. So they lower part of the village. Told Lyman, cornwas in a great hurry. I met John. I met ing up, that if he would n't say any thing about John and the officers on the road, and told of it till next day, I would n't, for John was a poor it, so a good many come to me to ask about it. louzy pup, and I wished they would take him I told'em they'd have to be quick if they over- off. Lyman agreed to this.* I made the proptook him. All the crowd were active. De- osition to keep still. I once stole half a cheese fendant was active with the rest. The crowd to keep firom starving, and was put through fbr was all over the street. They went off in it. buggies, wagons, hay-racks, wood-racks, etc. Direct reszued. It was Ansel Lyman. Could not state how many had arms. Saw.Arter7as S. lIalbert, called. Resided in Oborgulns sticking up all'round. lin in Sept. of last year. Also before and since. Recess till 2, P. M. Was at Oberlin on the 13th of Sept. Left about 3 o'clock. Saw the people assemble at SECOND DAY. 2 P. r. Oberlin. Think they began to assemble about SethI TV. Bartholonmew, cross-exramined. Have 2 o'clock. Should tliink three hundred or resided in Oberlin twenty-five years. Am more had gone before I went. I should rather twenty-six years old. WaS in the show busi- say that three hundred or more had gathered, ness (panorama) in Sept. 1858. Saw Jennings but probably not so many as three hundred twice the day of the Rescue. First, in the went. M;Iost who went at all went before I mornifg, in front of WVack's tavern, and in did. Saw defendant a few minutes before I the afternoon about two miles south of Ober- left; he was talking with another man about lin, going towards Wellington, in Waek's bug- going to Wellington. Defendant said somegy, with WVack's boy along. Witness had been thinga about getting a horse to go to Wellingto Pittsfield to post bills of his show, and met ton; but did n't state on what business he was Jennings on his return. Also met the negro going. The man he was talking withwas Mr. John. He was on the back seat of a carriage, 0. S. B. Wall. One of them, witness cannot three white men being in the carriage witil say which, said they ought not to go without a him. Davis was one of' them. Do not-know gun, and the other, who witness thinks was dethe others. They were on the diagonal road Ifendant, said he knew where he could get a from Elyria to Columbus, about two miles south gun.' Witness then went down street and was of Oberlin. The first men I told about John, invited to go to Wellington, and accordingly were Peck, Plumb, and Fitch. I-lad no con- went. Don't know what became of defiendant. versation with any of the persons who were in Witness went in a buggy. Just outside the the carriage. The carriage they were in was village, defendant and Wall sitting together in not an Oberlin carriage. Don't know where a bugry, overtook and passed witness, and kept it belonged. Lyman was with me coming from just ahead, most of the time in sight, all the Pittsfield, but did n't see John. Don't know way to Wellington. It was Harvey Whitney that Lyman told any one before I told Peck, who asked witness to ride, and with whom witPlumb, and Fitch. One of them said -they ness did ride. It is nine miles to Wellington. were standing in the road a little north-east of We went in three quarters of an hour. Saw Carpenter's store - that they had better go up defendant after we got there. Found a crowd to John's house and see whether he was gone. of five hundred, I should thlik, ink front of I told'ern they need n't be to that trouble, for I hadcl. met John on the road, headed towards - Mr. LYMAN immediately published a card in the Wellington. Followed these three men as far Clevelancd Ierald, flatly denyin,:this story. OBERLIN-WELLINGTON RESCUE. 23 WTadsworth's hotel. Defendant was in this s'posed it was." Heard defendant say nothing crowd. Crowd were talking about getting out more about the buggy afterward. Have not a warrant to arrest some mlen that had a fugi- seen John since. Think I have heard defendtive slave there, and defendant said that that ant say nothing about the, Rescue since. Do would be the best way to do it, or something to not know who went up stairs inside, not going that effect. -lHe seemed to be pretty cool; into the house at all myself. Did not see the cooler than the rest, and yet somewhat excited. negro come out on the piazza. The wagon Saw no arms in defendant's possession. Crowd stood, I should think, from eight to twelve rods talked about getting the fugitive out in some from the house. Saw some go in by the second way or other; and did n't talk about much else. story windows from the second story piazza. Saw some persons go into the house, and amo-ng Cannot tell how manyr. them Ansel Lyman, Wilson Evans, Messrs. Cross-Examlnined. Have lived in Oberlin Lincoln, Winsor, Scott, and Lairie. Don't about three;,&ears. Am a painter by trade. know as I remember any others. I was stand- WTent from Cincinnatus, Cortland Co., N. Y., ing in the street in front of' the hotel, with the to Oberlin. Was eighteen last December. crovwd all'round me. A good many went in. Never served any time at my trade. W~as Some came out on to the porch of the second not at work in September last. First heard of story, and made some' report. They said if the excitement about one o'clock. Heard the more men would come up they could get the crowd say that there had been a fugitive taken man out. Did n't say who they meant by "the away by some Southerners. The crowd in man." Heard defendant,say nothing at this which I'was consistedc of two or three persons time. Don't know where he was. The infor- beside myself, in front of Mr. Watson's grocery. mation brought out to tthe crowd was [the Ansel Lyman was one of them. Remember opposite counsel sutbmitted that the information names of' no others. Nione of them had guns. brought out to the crowd was irrelevant, unless It was Lyman who: said they had got the fugiit was positively shown that this information tive. This was not more than two hours after reached the defendant. The Court overruled. I saw him returning to town vith Bartholomew. the objection. Exception was taken to the There was another crowd in front of Mayor ruling]. Heard Patton say as lie came out, that Beecher's store, about three rods distant. Saw he had seen and examined the papers in the no guns in it - about twenty-five il this crowd. house, and that they were good., Then there There were other aroups pretty much all over was a sort of general discussion throulgh the the street. There were five or six persons in whole of the crowd about the papers, some front of Scott's shop. Staid aroundl the corners tlhinking they were right, and others doubting some three hours before going to VWellington. it. Was there when the negro was brought Crowd became much larger than first found it. down. Think it was about an hour after they Saw the first gun about the time the crowd began discussing the papers. MIeantime, some was largest. Saw revolvers at Oberlin. Had said, "let's go up and bring him clown;" oth- one myself. Mine was broken. Don't know ers said, "he must come out of there." Could but all' the others were. The crowd at W5elnot tell who was most active in such talk and lington talked as though they thought the movements; all were pretty much excited. Southerners had lcidnaclped the negro, contrary Should think the crowd had two hundred or to all law, and they wanted to arrest them for three hundred pieces of firearms, such as guns, the purpose of an investigation. Tie garret pistols, etc. Don't know that I heard any and its window were one' story above the piazza threats. Heard nothing from defendant ex- of the second story, and there was no cover-'cept what I have already stated. When they ing above this second story piazza. Lyman came out with the negro, I was in front of the and Winsor and Lincoln went into the house hotel) near to it. Had been all about throughl filoen the second story piazza. Wilson Evans the crowd before this. When the inegro was went in at the front door below. Cannot tell brought down, defendant was sitting in a buggy what time in the afternoon either of them went near me. A horse was attached to the bungy. in. Lairie wvent in below or above, can't say'Well, what was clone with the niyger? which. John Scott went in at the door above. Ie was put into the wagon in which defend- Saw no one go in at the attic window. ant was sitting. There was quite a crowd be- Saw no breaking in of said window. Staid tween me and the wagon, and it was a little pretty much ii front of the door froml the time dusk. He seemed to be thrown. in, or some- the men went up till the negro was brought thing like it, for his heels were higher than his clown. Some of' the crowd thought they had head. The horse started towards Oberlin, best have Lowe come down and show his pasomebody cracking the whip:and drivin, -perls, if' he had any. Such were tHenry Evans Think defendant drove, but am not sure. and Mr. Wall. Others thought they had betThere was another person in the buggy whom ter go and take him' any way. Don't know I did not know. Somie time before the neoro any naimes of suchl persons. Think I could was brought down, some one asiked dlefendlant identify two'or three by sight. One of these if that was the buggy which was to carry the said, " Let's go and bring the nie'geo out any nigger off, and he said, "it was," or, "lie how." This was a mulatto. IHe stopped at ;24 HISTORY -OF THE Oberlin some little time. Does n't stop there point-and snap a gun at a white m n,' neither now. Saw him last some time last winter. of them known to me. Some of the crowd Have n't at any time told any.of the officers of said, "They'dc have the boy or lull the house this Court what I was going to swear to.. They down," "pull the roof off,"." would n't leave have gone it pretty blind in putting me on the one brick on another," etc. The Southerners stand. Have had no particular or extended -came out on the portico, andcl one of them'said conversation - nothing more than a few gen-.that if any one there wanted to ask the boy eral words -with any of them about this:case whether he wanted to go back, they had the or trial. Can't say that I ever told any one, privilege. I spoke first, and immediately two under: any circumstances, what I was going to or three others. The boy replied'that they had swear to. Can't say who asked defendant if the. papers, and he s'posed he'd have to go. that was the buggy the niger vwas going off in. Don't- know as le said any thing else. The Don't think I saw the person speaking and dcid crowd around mie then appeared to be very not recognize the' voice. The language was thick, sir —very tliek. Think it was the tallest substantially, " Is this the buggy he.'s going off man of the two Southerners that spoke to the in? " Defendant said, " It is," or "ZI sulppOSe crowd;. the same one that I had seen at Wack's it is." The buggy did n't stand in the miiddle: that morning. Think there were some started -of the square; it stood in front of the hotel to go and examine the papers, but can't say toward the North. Think it was not the same where they went to. Heard talk about papers bugoy that defendant went down in. Don't and an. examination that had been made, but know whose buggy it was. The man wvho went couldn't tell who went in or who came out. I off with defendant and the negro was not the mean the papers whichli;were being acle out man who went down (from Oberlin) with de- to arrest the Southerners. I)on't knlow any fendant. Don't know but' he was the owner thing about,an examination of the papers beof the buggy. Don't know who hle was. longing to the Southerners. Don't know that Think the buggy was a covered one. The any such examination was attempted or made. cover partly up and partly down. HIieard it said that there could be no arrest Direct resumed. Saw a ladder put ilp. without sending to Elyria. It was not a great Could not say where it reached to. It rested while after they had been out on the portico beon the edcge of the portico. Saw several per- fore they brought him down. Can't tell how sons on the ladder. Think one or two went up long. There was a great deal of excitenment by the ladder to the portico. Think not much of and noise -and confusion; did n't take much any thing was done with the ladder. Saw no note of time.'Did n't hardly know it wVc one go into the attic window from the ladder. night when it was night. There was a man Cross resumzed. Saw Addison Wood go up hollered out of the attic window every once'in on it to the portico. Mr. Wood and MBr. a while, telling the crowd to come'upthere and Marks put up the ladder. [Two administration not be such d dcl cowards. Don't know who democrats.] Don't know Marks's. first name.- he was. Some of the crowd hollered back that Is the only Marks I know; he lives in; Oberlin they would come up; others that they must and keeps a mleat market. open the door and let himl out. It was a very NVorris Addison Wtood, called. Resided in noisy. tile; a great deal of excitement and Oberlin last September. Was there oni the confusion. Saw a la;dder put up and taken 13th. The crowd began gathering about 1 or down, and after a little there was another lad2 o'clock. Large crowd. Don't knowv how derput up. Some wentup on the second ladimany. Don't know that I saw' defendant in der. Saw no one go in at the attic window. the crowd. WVas at Wellington that dagy. ]Was up on the porch and heard the cry that Started 2 or 3 o'clock. Marks and Wack went: they had got him. Rushed at once into the with me. Found a crowd there. There must hall to try to get a sight at him. Couldl only have been 500 or 600. A large crowd at any get one -glimpse as he was going down the rate. Saw defendant there. Don't know that stairs. Next I saw of himl he was in the buggy. 1 saw him running around in: the crowd or else- Don't know whether there was or was not some where. Think I saw him in the buggyy in one in the buggy befbre the nigger was put in. front of WVadsworth's tavern. Did see himn. Saw defendant in the bug'gy with the nigger. Think it was an hour or two after I arrived Don't know whether'any one else got in. that I saw defendant in the buggy. Think that Did n't see them drive off. Don't know which only one teanm fromt Oberlin got to Wellington way they wevent: or who drove. Have never before mine. Think I did n't see defendant seen John since. He was generally reputed to before I saw him in the buggy. Saw him after- be a fugitive. ward out of the buggy going towards the house.;Was tlhere any thing' said in the crowd about Don't know what he was doing or saying. the H-igher Laiv? There was a great deal of excitement. Every- Don't know, unless that was what they body was excited. Was excited myself. Don't meant to send to -Elyria about. [Uproarious know as defendant was any more excited than laulghter, in which even the Court itself heartthe rest of us. There were a good many guns. ily joined.] Don't know how many. Saw. a colored man Gr- Cross-examined.' First I heard of the excite OBERLIN-WELLINGTON RESCUE. 25 ~nlent I was going down from dinner to my a constable, and Walter Soules, Hines, Man(livery) stable, and met Gaston and Bartholo- deville, John ~Wheeler, Conrad Wheeler and mew. They stopped me and told me the Edward Wheeler, all three my brothers. All Southerners had got a negro and gone off with these were white men. Esquire Bennett was him. Didcn't want I should say any th;izng about in the room acdjoining; am not sure whether it. Went farther down town and found Lyman he'went into the roomin whele the negro was. in fiont of Watson's grocery, telling the story. Esquire Bennett and others examined Lowe's Some doubted the truth of it. I looked around, papers.- A gentleman named Patton, from and Bartholomew stood right behind me. He Oberlin, was with them. I saw the power of spoke and said it was so. There was some attorney,; think Meacham was present when I little crowd. then, which kept growing larger saw it. The papers were exhibited by Lowe. all the time. There was a fire at Wellington Sciples had the same chance to see them that Sunday night or Mionday morning (the Monday the rest of' -us did. Can't say that Sciples and of the alleged'rescue) within eight or ten iods Soules saw the papers. They two came in toof the hotel ('Wadsworth's), which was not yet gether. Lowe calledl upon all in the room. to extinguished in the afternoon, and there was assist him. I might have been in the room in something of a crowd around it, looking at the all three hours. I wenit first into the attic ruins when I first reached Wellington. Some room. Staid in that room three hours or so. were talking about the fire, and some about the Went down for the purpose of trying to still negro. Went from the fire to the saloon, and the crowd. Told the crowd that it was not the got some cigars. A good many Oberlinites better way to take such a course; that there were now coming in. Do n't know who put was'no question but that they had a legal right.up tihe first ladder. After thiis was taken down, to take him, that they had shown their papers, ~lMarls and I went across the' street and found that Bellnet.t and others had seen the papers, a couple of ladies, and asked them if we miglht and any fhlat still doubted could go up and see take a ladder there was there. They said yes. them. Lowe said he was willino to go before It was a very heavy ladder, but did n't seem a magistrate in the Town IIall or anywhere heavy then. Seemed light. We were excited else and have the papers examined, if lbe could a good deal. Everybody was. We took it go safely. I did n't tell the crowd this last. across the street and set it up against the por-'Lowe said this in the rooim or in the hall, in tico. Several persons helped us. I went up the presence of a good:-many people.' Believe on the ladder. A man threatened to shoot me they said they had a warrant to arrest Lowe. if I came up. H-le cocked Ihis gun at me. After Lowe had gone out to show his papers,.Don't know who he was. He did n't fire. two white men came in and took hold of John, Saw no one go in at attic window. Believe no and took him to the door and tried to get him one tried to go in there. A colored man near out. The door was fastened, and those near it me told John, who was at the attic window, to would not let them takehiin out. Don't know jump down, and if they tried to hinder him, he the namles of these two -en, but should know would shoot. their faces; at least, one of thel. Thie papers Did you invite the negro to jump down? were shown and examined in a little small:No, sir. room, adjoining the one in which the nigoer Did you beckon to him to jump down? was. Esquire Howk, Esquire Bennett, and [WAitness instantly colored scarlet and drop- Mr. Patton examined Mr. Lowe's papers. ped his face, making no reply. Counsel there- Think Patton went out more than once on to fore withdrew the. question.] Adjourned till the balcony, and tried to peac/fy the crowd, and 9 o'clock next morning(. m lake'em keep order.' HIe told them there was' no.doubt: but that they had a right to, retain Tr-rr~D DAY.- 9, Ai,. him according to law, as the law was. If Jcacob WhFleeler, called. Reside in Rochester, they done any thing, thiey would heyv to take Lorain county, sixteen miles fiom Oberlin; six legal.steps. Langston, of Oberlin, did likevise. or seven firom Wellington.' [Is Postmaster of the When Patton nmade these statellents thle crowd place.] W\as, not at Oberlin on the. 13th of was all around the house, but mostly in front September.'Was at'Wellington at the time of the portico. Think mostt of the crowd could of the rescue of the negro, John. Got to Wel- hear him. He spoke loud, for the pulrpose of lington a little after noon. Pemained till thle'being heard. A good deal was said by the slave was rescued. Could not tell: how many crowd in reply. Some of what I should call peoplewere there. Were a good many. Might the lozer orders, and some that I thought was be 400. A good many had guns with them.: a little intoxicated, made some ipooi.y ha.sh exWas around in the crowd some of' the time. pressions. I mean they swore, and said they'd They said they were after a slave that had hev the:niager anyhow, etc. The carriage been taken, from Oberlin. The main talk was stood within five or six rods of the door. Saw to rescue the man and take him back at any John pitched into the carriage, and the horse rate, if they had to tear the house down. See start. Don't know who was in the carriage at a good many go into the room where the negro the tilie. Don't know defendant. Carriage was. Went in myself. Also BarnabasMeacham,::went towards the North. Was notin the room 4 26 HISTORY OF THE at the time they took him' out.,Saw him first he s'posed lhe should hec to go; they had arjust as they got him down out of the door. rested hiln, and accordin' to the laws of the Can't say whether I saw any one go in at the State of Ohio, he supposed he should hev to door.'Was standing at the foot of the lower go. After he had got throuh, some of the stairs, to keep the crowd from going up. Re- colored folks pointed their guns towards him, quested to do somby MIr. Wadsworth. Saw a and told him to come down. Then MIr. Lowe ladder put up, and people going up bon it. and the rest of'em that was on the platform, Pretty soon saw the hall above was full.. After hurried him right back into the hall and shut they got full above, I left the foot of the stairs the door. This was about.a half an hour, perand went out where I could have a chance to haps, before the nigger was finally brought see. Had no conversation with -defendant. down. Was excited, and didn't notice much Don't know him. about time. Cross examined. There was considerable of Cross orestyed. Miolght have been thirty a crowd when I first got to WVellington. Mlore or forty colored people out of the four hundred. came afterwards. A good many more. About The rest were white. Went to Wellington to sundlown there were 400 or so. [By leave of -see about the fire. Fire was over. when I got counsel for defence.] there. Good many went from Rochester beDirect reszumed. Saw the negro go out on sides myself; three of my brothers at any rate; to the platform. I had asked and received per- and perhaps half a dozen others. No colored peomission of Lowe to put to the negro such ques- pie amongl these. Overtook other people going tions as I saw fit. Asked him where he be- in to see the fire. Saw people that I knew longed. IHe said in Kentucky. Belonged toa from all the towns about. Knew nothing of man by the name of' Bacon. the nefro afiair till I got to W5ellington. Noth[Counsel for defence objected to testimony ino but the fire brought me there. Think nothas to what this piece of property said. Objec- ing else:brought others who were coming in tion overruled.] Asked him for what cause he from towns all about when I was. About, one had left his'master. Asked if his master didcn' t hundred in all were gathered in town when I use him well, and give himlenoulgh to eat and came in. No stir was made till, it minght have wiear. Asked hin if he had ever abused him. been, near about four o'clock. Didn't see the -le rather hesitated, and appeared to hanc back, nigoer br1ought in. Don't know when he was as if he thought he was abused sonmetimes. brought in. Had been there an hour or so Then I told hilm he had lived long enough in befos e I heard of him. l Heard then that some this part of the country to know that it was Kentuckians had a nigger there. Went and necessary for white folks here to correct their asked landlord if I might go and make their own children sometimes, fortheirgood. [Much acquaintance. Wanted to see them because I laughlter.] ie saild yes. Asked him if' his have a brother in Kentucky, that I have n't seen master had ever used him worse than solle but once in thirty years, and didn't know but white folks punish their children here. Said he tLhese men might know him, or perliaps he did n't know as he did. Said he had started to migiht be one of''el. Either the landlord or go back to Kentucky once; got as: far as Co- Fay went up and introduced me. Entered into lumbus, and the folb!ks from Oberlin overtool conversation with Mitchell. Asked about my himl and broulght him back! [Great laughlter.] brother. l:Iitchell knew him weil. I-e wonAsked him if hle did n't want to go back now. dered if we were brothers. Could n't b'lievoe we H;e said that he s'posed accordin' to thle laws of had the same father. Complexions aint much the country, he was obleeged to go back. Bry alike. Mly brother's hair is very black. the laws of the country lie mleant the laws of The first beginning of the breeze was when Ohio. [Laughter.] I told him, that if' he wanted Watson's teain drove up, Then they began to to go back his best way was to let the people hurrah outside. -'* Was introduded to all the know it, for the crowd was getting to act like other gentlemen except John. [Much laughliter.] crazy people, some of'ell. He hesitated a Think it was after four -ancl might have been good deal, but finally partly said he was willing five o'clock when Watson drove up. John was to go, and was willing to tell the crowd so. I-Ie up in the cock-loft when Watson ldrove up. The finally pretty much give me to think that that house has three stories above the ground. John was his answer. Then I told MIr. Lowe that was in the third story. Think there is an attic his best way was, if the nigger was willin' to go above that. But one window in the room. back, to take bhimn out on to the platform, and have When I found these men knew my braothhilm tell the crowd so.'Then Lowe and him er, I went down and got my other brothers, and and Miitchell, and several other gentlemen took them up, so't they miight have a chance to [laughter] went out on to the platform, and he talk with'em. My brothers and I staid till be'gan to tell his story. Some of the colored Watson drove up. Should think there was five people below told him to come down, but finally or six, or more, fellows in the buggy with him. order was restored so that he could go on with John, Edward, and Conrad are my brothers' his story. Don't know as I can get his words. names. About the time Watson drove up, Tile substance was this.: — The lnuger request- Edward went down. The rest of us staid. Saw ed of'eml fur to be peaceable'a minnit, and said Watson when he drove up. Can't say whether OBERLIN-WELLINGTON RESCUE. 27 any of those with him were white. The Ken- Then went around to the back side of the house tuckians acted as though they were a little to the L part, where the women stood at the started when the buggcy drove up, and. Lowe windows, and they let me in. They were afraid immediately called upon all in the room to there would be trouble. Went through the assist him. Think Fay was in theroom. There dining-room, around into the hall, to the fbot of might have been others in. There were per- the stairs. A constable and the landlord stood sons passing in and out. Different persons; did guarding the back door of the hall, keeping the not recognize every one. Pretty soon a mess crowd out. Landlord asked me to stand at foot more come marching up into the square, some of stairs to keep the crowd from going up. of'em white and some colored. More drove Stood there half' an hour or so. ~While I stood ip in buggies and wagons, and then they sur- there the crowd broke in at the east door. rounded the house; put a guard all'round. It Some of the crowd clinched with Fay [who mifght have been a half an hour, more or less, seems also to have been one of the guardl], and after this before I went down. Went down I went to his assistance. Saw a man strike and back several times. It was before I went towards him with a gun. Snatched the gun down the first time that I catechized John. I away, and threw it out into the street, through talked with him before Watson came, and then the dining-room. window. Followed it into the again after the crowd got so excited I went street, picked it up, threw it against the wall, and talked with him again. He told me, in the and broke it and jammed it up bad, and then first conversation, that he was willing to go with flung it out again, further away into the street. Mitchell anywhere; he was a man that he was Then passed'round in front of' the front door, acquainted with; when they took him he did n't and just about the time I got'round, they came know the other men. By " the other men " he down with the darkie, and rushed him off'. referred to-Lowe, Jennings, and Davis. Closed Direct reszumed. Lincoln answered me that np this first conversation with him, it might he was a child of God, and had as lief die in a have been a half an hour or an hour before good cause as live. I told him that if he got in Watson came. All was quiet before Watson the way God would let a bullet go through him came, except an occasional remark. that there just as quick as through one of those black felwas a slave in the hotel. The greater part of lows. [Counsel submitted that this was purely the Oberlin folks had got there when I went a theological discussion, not relevant to the down. The door of the room in which the case; which, of course, provoked universal negro was, was fastened, I think, when I first merriment.] If there were any crowd in front came in, and when I went out was unfastened of the building they could not hear what I was to let me out, and fastened after me. Found a saying to Lincoln and his crowd. The crowd large crowd down there all round the house, was miloving about all the time. Think that some three hundred or so. The house was when I went round front side after throwing surrounded with guards. The colored people the gun away, might have been stopped by some seemed the most warlike. Think some of' the person asking me something about the negro's younger lads among the white folks might have wanting to go back. had guns too. Did see arms in hands of white Richard P. lMitc7hell, called. Reside in 3Mamen. Lincoln, the reporter yonder, was one son Co., Kentucky. Was born there in 1.824. of' them. He had a nlce rifle. Saw hil pretty Always lived there. Know John G. Bacon. much the first when I got down, near the back For last four or five years lived within quarter door, outside. 5W.ent out the back door because of a mile of him. Knew negro John. Known the front door ias fastened. Five or six colored him since he was a small child. He was hild men were with Lincoln, all bearing arms. He- as the property of John G. Bacon from 1846 or had a nice little rifle; don't know whether it 1847 to the time he left. Bacon got him from was a Sharpe's. Told Lincoln he oug-lltto have his father's estate by division of property. mnore sense than to crowd them colored men up Knew his mother Louisa. She was a slave where they mioght be dangerous. [Laughter.] belonging to the estate of John G. Bacon, deTold him the passage was narrow, and if they ceased, and is yet. I saw her last Friday eventried to get up there would be difficulty, and if ing. Think she now belongs to John G. Baone gun was fired, more would be fired. Also con's mother or his younger brother. Used to that I was satisfied that accordin' to law know nigger John' at old mian Bacon's, and Lowe was authorized to keep him, and if any have likewise known him since he came into one doubted it, they could go up and see his the son's possession. Been with him a great papers. Told the' crowd that the negro had deal of late years (prior to his alleged escape), told me he once started to go home,. got as far alnost constantly. I-ave worked' on the same as Columbus, and the Oberlin people overtook farm with him. This was in'48. After that and brought him back. [Much laughter.] Didn't worked for Bacon by the day a great deal, tell them I was authorized to invite them to right alongside the boy. John left i Jan.'56. look at the papers. Lowe did not request or Don't know the day of the month. Did nI't see authorize me to do so. Told this to a crowd in him go. Don't know that he went away. the yard. Might have been one'hundred and Bacon was visiting at his father-in-law's when fifty in the yard, which.is four rods square. nigger left. Saw John first after he left, at 2.8 HISTORY OF THE Oberlin, in Sept.,'58. Went to Oberlin for Cross-examined. Am a farmer. Have been Bacon. First time I saw John he passed the constable. Held that office two or three years. window of Wack's hotel. Knew him instantly. Been in Ohio frequently before coming to Next time I saw him was when we arrested Oberlin last September. All that I know of him, one and a half or two miles east of Ober- Bacon's whereabouts when John was missed, lin, on the 13th bf September, 1858. Took is by hearsay. Know nothing personally. him to WVellington. I was along with him. Know nothing about his leaving except by reTook our dinner at the hotel, and went up into port, and the fact that I did n't see him about the secdnd story. Jennings came and said lhe any more. Have been twice after John. In did n't like that room. He asked the landlord March,'56, went into Fayette county after for, and received a better room in the third him. Did n't see John then. Had been in story. Went up to the third story about 3 Ohio after negroes' before going first after o'clock.' Several persons came into the room John. Before going, after him the second time, to see us and talk with us, Jacob Wheeler Bacon came and asked me to go out to Oberand others. Don't know names of others. lin to act with Jennings as witness and assistCrowd pulled the door open, and took John ant in taking John. Nothing was said about out. No lock on the door. Jennings was compensation. He gave me fifty dollars to pay holding it. I was standing close to the door; my expenses. Expected to receive a dollar a within a few feet of it. Was trying to assist day for my time. Only this, Bacon paid me Jennings. Think they come in and got hold eleven dollars when I got home for the eleven of the nigger and led him out. They took days I was gone. Think this good pay. But him down stairs. Last I seen of him they put no bargain was made about pay. Had been in him into a wagon in the open space in front of this state in pursuit of one slave before going the hotel. Power of attorney was exhibited to after John first. Had the same pay then. No several persons who came in in the course or bargain made in that case about pay before the afternoon. One I think called himself a starting. John was Bacon's slave, because'he lawyer; he took it and read it. Don't know served and obeyed him as a slave. Know that any one else did. Wheeler talked with nothing about the right he had to the slaves, the nigger. Am not sure that others did. except by seeing them treated as slaves. Don't Think they did, but did n't hear what was sail, know as the old gentleman made any will. He if any thing. Several persons outside asked died in 1847. Know nothino personally about by what authority the boy was held, and were the division of the property. Jennings has been told, By power of attorney. Several asked if' in the witness' room telling what he had sworn: he was a slave. We told'em he was.'They to. I have also seen the report in the paper. took John out on the platform (portico). John I should call John a dark copper color, not a jet went out and told'em he was going home. His black. Have worked as a hand with John fbr master had sent for him and he was going Bacon many a day, since I was constable. Last home. Also that they had the papers for him time I remember to have seen John was about and he'd hev to go home. Think he didn't Christmas or New-Year's, 1856. John is about say with whom he was going. Several persons five feet eight or ten inches high; weighs about in the room asked him if he was willing to go 150 or 160 pounds. Full face, good-looking. home. He observed that he was; would go Some niggers are called black; these are the nigwith Mr. Mitchell anywhere. Some persons ger blood; pure African. Copper color, the asked him why he was willing to go with same blood, a little lighter color. There's a iMr. Mitchell. IHe said he he kne if went niger behind you there I should call a mulatto, with Mr. Mitchell he would get to see his but couldn't be sure that he was not pure massa John and his old mistress. Persons Afiican blood. We sometimes call full-blooded asked him if he wanted to see his mother. niggers mulattoeS, because they are so light. Said he did, but would much?rather see his old Besides the black andi copper we have mulatmistress! [Laughter.] Think there was no toes, sometimes called: yaller; I never use that Justice of the Peace in the room at' the time, term. Have seen a great many niggers whiter but several other persons might have been, than the counsel. Call them light mulattoes. besides our party and Jacob Wheeler. Told So we have black, light and black copper, me he started to go home to Kentucky, got as yaller, and light and dark mulattoes, which infr as Columbus, and was stopped there by clude all classes. I arrived at Oberlin on Morinpersons who detained him a day or two, and day, Sept. 6, 1858. Jennings came I believe then sent him back to Oberlin, paying his way two days after. I communicated my business in the kyars. Recess till 2, P. Mt. to'United States deputy-marshal Dayton. Bacon told me to inquire for him. Asked THIRD DAY. - 2, P. M. TVWack, my landlord, if he knew Dayton. Said Richard P. 3litchell, examination in chief he'did. Wrote to Dayton. Dayton came next continued. Don't remember that any thing day. After Jennings came, told Wack my'else passed between the negro and myself' business -looking ibr a nigger. He asked Did n't notice any guns pointed at the negro what nigger.:Never saw Boynton till' I met while out on the platform. him as grand juror. Never talked with old OBERLIN-WELLINGTON RESCUE. 29 Mr. Warren. Heard Jennings talk with him. examination.] Wheeler brought none of his Never talk to men about my business unless I brothers into this lower room. When Jennings know who I am talking to. Never doubted the came in, he began right off to say that there legality and sufficiency of the power of attor- was a large crowd about, with a good many guns. ney. Came a day or two after the attempt to Think his eyes did not protrude far. We in take Van Wagoner. Heard about it. Had the room did not experience. any trouble from no hand in procuring John to pass Wack's the crowd while in this lower room. Helped window when I first saw him. Jennings hold the door part of the time. The Next saw John on Monday, Sept. 13th, in a upper room was next to the roof. We Southbuggy east of Oberlin. Expected to find him. erners call it evening after 12 o'clock at noon. -Jennings told me the arrangement he had The first alarming demonstration I saw was the nmade. Davis and Lowe were with me. Davis crowd outside with guns. [Witness confirmed got out and took hold of John. I got out and various other statements made on direct examtold him he must get in the carriage with us. I ination.] The man who called himself a lawhad a revolver and dirk. [Dirk exhibited.] yer looked over the power of attorney and Showed no arms to John.. Saw no one show said, he supposed it was legal, but did n't know: arms to John. Lowe showed power of attor- did n't see any thing wrong in it. Can't say ney to John. I read it to him. Think Lowe positively that any one beside our party was in gave John a chance to read it. Don't know. the room when the lawyer read the power Think he can't read it if he:had a chance. Saw of attorney. Have no positive recllection Davis have la revolver the night before. Never whether Patton read the power of attorney or saw think I never did. Lowe have any not. Can't say that anybody else read the paweapons. WVe overtook the buggy in which pers. Don't know that any one else did. Have John was, checked our horses, and Davis no recollection that any one elsedid. Think Jumped out and took hold of John before Patton read the power of attorney. No reason Shakespeare stopped. John had a small knife. to think any one else did. John did n't try to I told him to givre it to me. IHe objected. I get away at all. The window was about three,put my hand toward lmy inside pocket, and he feet above the floor. John did n't leave the dropped the knife. right down on:the ground. upper room after he went in till he was taken My revolver:was in that pocket. I suppose he out. He went out upon the balcony from the knew what the movement meant. John first first room we were in, before we went up. Possaid he did n't know me, but after we had driven itively did not come down from the upper room. a little piece, he laughed and said, he knew me Jennings told John there were some persons as soon as he see me. This change of bugies out there who wanted to know whether he happened a mile or two out of Oberlin. fast wanted to go back, and he might go out and tell I saw of Shakespeare he was turning his horse them if he wanted to. He had not before man-.around and heading toward Oberlin. Shake- ifested any special anxiety to make a farewell speare started from Oberlin first, and we over- speech to that congregation. I went out with took him. I had nothing to do with making him, and I think Jennlings and Lowe did. I.the plans. Simply followed Jennings's direc- had my "toothpick" and revolver, suppose.tions. Stopped at Wadsworth's hotel in Wel- John knew it. John said in substance, " My lington. John sat on the back seat with me. master has sent for me, and I am going home." Lowe drove. It was a two-seated, double, coy- Am not sure that John said any thing else. ered carriage. Told Wadsworth we had a Saw no movement in the crowvd inviting John nigger we had arrested, and were going to. take to come, down. There was no hurry to get to Kentuclky, and wanted something to eat. In John back. Jennings told him to come in after about thirty minutes he gave us some dinner. hle had got done speaking, and he did. Don't Took John up stairs while waiting for dinner. know how many were on the platform when Took John down and had him eat dinner with John spoke. Don't know that tlere were any us. That was the first time I ever eat. with a on it beside our own party. I saw no ladder nigger though. [Laughter.] Firsttime I seen during the afternoon. Thecrowd hollered and Jennings was after dinner.- There was a con- laughed as though they were dreadful glad sid'ble, many people about the fire and in the when the nigger was gone. Don't know that streets when we first came on. First intimation any one came in by the window. Think no of excitement we had, the landlady came to us at one did. Still they might. Last I see of John, the dinner table, and told us the hall was pretty he was moving out of the room with the crowd. full of people that seemed to be'excited, and Made no attempt to hold on to him after the she tho't it would n't be safe for us to try:to go door was opened. Think the door was pulled through the hall up them stairs. So she took open by the crowd outside. Neither of our us up byo another pair of stairs., Jacob Wheeler party showed any of our weapons. Last I saw came into the room on the second floor, and of John was from the window as he was being talked about a half brother of his in Kentucky. put into the buggy. Saw the buggy drive off His half brother's name was not Wheeler, but from where it stood. Morgan. He talked to John. [Witness re- Chauncey Irish, sworn. Resided in Wellingpeated what was said as given on the direct tonin September, 1858. On the 13th, was 80 HISTORY OF THE about " the centre." Don't know defendant. went up purty near the garret window. Mean Supposed he was a colored man. the ladder went up near the garret window. Bela Farr, called. Resides in Oberlin. Was Whether they got off on the porch, or went up at Wellington on the day of the rescue. to the window, I couldn't say. Reached Wellington about 1 o'clock. Anson Cross-examined. I proposed to Lowe to go P. Dayton rode with me. Saw nothing out of to the Town-House, and he declined. The the way there. There had been a fire that hotel fironts west. Those standing in front, morning, and some were out looking at the ru- and east of the house, probably could not hear ins. Remained some twenty-five or thirty min- when the warrant was read. The warrant was utes. Went thence to Ashland. Saw none of read to the crowd. NTo other paper was read. the party who were with the negro. Got back Am constable, and rather think I know a warto Oberlin about 10 or 1:1 o'clock next day. rant from a power of attorney. Heard no Know defendant. Some two or three evenings threats made by the crowd. after this, I heard defendant and another man Direct resumed. Think no paper was shown talking as they passed my door. It was 9 or 10 nme except the warrant. If I said so a little back, o'clock. Too dark to see him. Did n't see him. I was mistaken, I think. The paper I saw was Caught but a few words. Only heard defendant signed, I believe, by a U. S. Commissioner. I say, that " if taking him and bringing him from called the attention of the crowd to the fact, NWiellington is a crime, I suppose I am guilty." that Lowe was about to read. Was about these Don't know what they were talking about, or premises all the afternoon. what tihey meant. Heardl nothing else. Cross resunzed. During the entire afternoon Barnabas ileachanz, sworn. Resided in Wel- have no recollection that these men gave me to lington last September. Was present when understand, that they were attempting to carry the crowd assembled and rescued the negro this man back by virtue of' any paper except John. Think they gathered pretty soon after the warrant. Think nothing was said about a dinner. Don't know defendant. Negro was power of attorney. carried from the steps and. put into a buggy, David L. VWadlsworth, called. Reside in Weland the man that was in the buggy drove off lington. Am not the landlord there. WTas at pretty good jog. Saw only one in the buggy there on 13th September last. Should think:(beside negro). Went into the room where there were from four hundred to one thousand the negro was as many as three times. Should in the crowd. The general topic of conversathink there were fiom. five hundred to one tion was in relation to the slave. Some said'thousand in the crowd. Saw some men with they'd pull our house down if the slave didn't'guns. Quite a good many. The crowd urged come out. Some said, " Bring him out." Some me to go on and make the arrest. I had a said, " Break in the house." Saw in the crowd warrant for the arrest of the men who had the Loren Wadsworth, Loveland, Sciples, Watson, negro. Esquire Bennett and iir. Dixon went Bushnell, the defendant, two or three Wheelers, in with nce. John Mandeville, W~illiam Soules, Lovejoy, Warner, Bradner, Howk, Phelps, Basald William. Sciples went in with me at mly sett, Hines, Perkins, De W~olfe. First' time I request. Saw in the room only the parties saw defendant, he camne up and spoke to me. having the negro, perhaps the landlord, and the Don't know as he said more than to pass the time men I requested to go in with 1me. I went into of day. This was in front of the hotel, sometime the uppermost room. Examined the power of between 3 and 5 o'clock, and from one to-three attorney. Told the crowd that if they would rods from the hotel. He was on foot at that make me secure by bond I would make the ar- time. The buggy which took off' the negro rest. I asked Lowe to go out and read his au- was in front of the hotel, a few rods off. Should thority to the crowdl. I-e at first declined, but judge defendant was between buggy and hotel I told him I would try and see him safe back in when I saw him. Ite was then on fobot. Don't his room. So he went. We went down and recollect of seeing him again till l saw him go out'of the house, a little aside in the street, and off in the buggy. I am brother of the landgot up on to some steps, perhaps two or three lord. Saw the nigger put into the buggy. IIe rods south of the hotel, and he begun to read was hurried along pretty lively. Could hardly his papers, and some one took hold and read it tell whether he touched the ground or not. Affor him. This must have been an hour, more ter the nigger was put in, defendant drove off. or less, before the negro was taken away. Did n't notice as there was any one else in the Then Lowe went back into the house. Some buggy. It was a noisy assembly. Good deal of the crowd said they was satisfied; others of hurrahing; most of it as the negro was gave up that I had no power to act, and noth- driven away. ing farther to do. Couldn't tell that others Cross-examined. Saw Lowe, as he was said said any thing. WAhen I went down, after ex- to be reading a paper, but could not hear him. amining the papers, told the crowd that they Two thirds of the crowd were as far, or farther, had a warrant, and I was satisfied I could do from Lowe than myself.' Don't know what nothing. Said nothing about a power of attor- was read, of course. ney. Saw a ladder. Don't know who put it Isaac Benenett, sworn. Reside in Wellington. up. Saw three or four go up. B'lieve they Resided there in September last. Was pres OBERLIN3-WELLINGTON RESCUE. 31 ent at the time of the crowd on the 13th. The Lowe showed me the paper. A paper pubimost part of the gathering was in consequence porting to have been signed by a U. S. Cornof the fire that occurred there in the forenoon. missioner. In speaking of a warrant I mean Might have been two hundred or three hun- this paper. Some person gave me a paper dred in all about the hotel. Might have seen which he said was a power of attorney. Canfifty guns in the crowd. The remarks about not now identify the man who gave it to me. in the crowd were, that they had come up there Looked it over and saw it purported to be a after a negro there was in the hotel. Some power of attorney. In imparting the informasaid they'd have him if they tore the house down. tion I had gained to the crowd, think I confined Some said that corner would( be as bad as the myself to mention of the warrant.. Might have other corner, - the one that was burnt. Saw a said "papers." Do not know what Lowe read. ladder put up. Think it was taken down. Pre- He said he was going to read the warrant. I vTios to the ladder being set up, I was sent for understood it to be the warrant which he read. to go up into the room where Lowe, Jennings, Saw no other paper read. Did not lhear this. and others were. Mr. Meacham came down'Was Justice of the Peace. My intention was and asked me. Lowe told me it was said, out to preserve the peace. I had a pistol. Standin the crowd, that he was holding the boy in ing at the head of the ladder I pointed the piscustody without any legal process whatever. tol down at the crowd. The talk in the crowd Told me that if I would go down and tell:the was that the man was kidnapped without legal people, and they would fall back, he would go process of any kind. Some insisted until the to the Town-House and exhibit his papers. warrant was read that there were no papers. Went out on to the balcony and spoke to the Supposed myself that it was _Mr. Lowe Twho crowd, and asked if they would nl't hear me a claimed to have control of the negro. Supposed minute. There was a: colored man in the crowd'so throughout the whole affair. It might have spoke up and said, " Bring down the man," been held in the crowd that the papers were "We'll have the man," and pointed his gun up spurious. Did not hear it so held. Was not towards me. It did n't seem to be the intention much in the crowd. of the crowd to listen. A ladder was set up. Direct resumed. Saw no address or maniI went up and took hold of the ladderto throw festation from Mr. Lowe to the crowd except it down. A man tried to come up on it, but the reading of the warrant. Think Lowe bewas pulled back by: some persons. I told him gan to read and some one else took the paper not to come up. Don't know whether the lad- fiom him and'finished. It was said in the der was taken down or not. Then I went crowd that the ne-gro was a free man, taken by down stairs, and out ten or fifteen rods from the force and without legal process from Oberlin, house. Lowe showed me, before I went down, and brought thus to Wellinglton. Did n't oba warrant issued by a U. S. Commissioner, and serve that information about the papers held by a power of attorney. When I went out on to Lowe made any difference in the crowd. Heard the ground, told several persons what I knew a black man say the boy had been kidnapped. about the papers. Recollect Esquire Howk Did not tell this black man what I had discovered was one of them, also a man called Langston, up in the room. Had no conversation with the and Constable Meacham, and several others. boy John. Had no individual conversation Recollect, also, Esquire De Wolfe. Told them with any colored man in the crowd. that, as far as: I knew, the papers were legal. E. S. Kinney, sworn. Was in Oberlin in Think Langston urged the constable very September, 1858.' Was at Oberlin on the day strongly to execute a warrant which had been the negro was taken away from Wellington. issued against Lowe, I think. Don't know who There was considerable agitation in Oberlin. was most active in the crowd. Wasn't in the It commenced between the hours of one and crowd much. A good deal was said. A good two o'clock. The principal gathering seemed deal of confusion. Saw the current that moved to be in front of Commercial Block. First disfrom the house to the carriage, and inferred covered the crowd about two o'clock. The from the movement that the negro was put into crowd was on Main street. Fitch's bookstore the carriage and driven off. Saw Lowe come is on College street. Know defendant. Did n't down and mount the steps. Some one called see him in the crowd. Saw him passing around the crowd to order, and said that Lowe would the corner of Main and College streets. He read the warrant. Crowdl pretty generally at- was walking. Don't recollect seeing any one tended. Think I was not near enough to hear with him. He was walking rapidly toward the reading. There was something read. Fitch's bookstore. There -were only a few about Could n't hear what it was. Think two hun- Fitch's bookstore. Saw him no more about dred or three hundred were gathered round' there. About an hour after, think I saw deLowe. Think Lowe himself read. Don't fendant and Wall in a;buggy, passing down know. Did n't care to hear. Main street south, toward Wellington. Noticed Court adjourned till 9 o'clock next morning. nothing in their manner peculiar, except that I think Wall had a gun, which was nothing peFOURTH D1Y.'- 9, A. M. culiar for that day. This was about 3 o'clock. Isaac Bennett, cross-examined. Think it was I went south on foot part of the way, and in a 32 HISTORY OF THEI two-horse wagon the rest of the way. There by others as I would like to be done by [laughwere nine in the wagon. Can name only one, ter]; to rescue John from the persons who had Mr. Lang. Walked abou't a mile. Got to seized him. Why, or for what purpose, they' Wellington at sunset, or a little after. Saw de- had seized him I do not know. Am confident fendant there. Met him-in a buggy, just before the crowd did not rescue John, supposing him reaching the square of the village. Winsor to have been seized as a fugitive. The cry of was in the buggy, I think, with defenldant. Also murder referred to was a mile or more from a colored' man they called, in Oberlin, John. where the negro Frank got his throat cut. Met them two or three rods north of N. E. Don't know what caused the cry of' murder. corner of the Public Square. Think defendant It was said to come from the Wagoner family, drove. EHorse was on the jump. Think Win- It was supposed and said that Southerners had sor had a gun swinging it, and think Winsor carried off John because Southerners are the cried out, "all right!" Crowd was shouting men that usually carry off people! [Laughter.] loudly. Defendant's attention seemed directed Cross. resumed. Those in the wagon knew mainly to the reining of the horse. Don't know by hearsay that John was a fugitive; but I did where negro John was conducted to. Returned not know, and think none of the others knew to Oberlin soon after. that John G. Bacon was the owner of John, Was there any public demonstration at Ober- that Jennings was the attorney, or that Lowe lin that night? had'any paper. I had no intention of obstructObjected t3. ing the legal arrest of' John by his owner or Withdrawn. attorney, nor do I know of any person who by Did n't see defendant again that night. any act led me to suppose he had any such inCross-examrined.'About a week before this tention. Rescue, heard that a family by'the name of' Direct resumed. I knew that a power of Wagoner narrowly escaped kidnapping. It attorney would authorize a person to act as was also universal town talk that there were agent in making an arrest. several Southerners at Wack's tavern, whose Chas. T. 1carklcs, called. Was in the Court business it was. supposed' to be to seize and Room day before yesterday, a few minutes, carry off some of the citizens of the place. while testimony was being given. Reside in And the apprehension was that they would Oberlin. Was there 13th September, 1858. attempt to execute'their business in the night, Went to Wellington. Crowd began to assemor when a considerable' portion of the citizens ble about one o'clock. Was in the crowd but were away. The' talk of; the crowd was, and a moment.:Did n't see defendant at Oberlin at their-understanding was before starting, that a all. Started for Wellington about two o'clock, colored man had been decoyed out of town, perhaps. -Was probably about forty minutes kidnapped, and carried to Wellington. I un- making the nine miles. Wack and Wood were derstood that the object of the crowd, in pur- with me. Saw a crowd at Wellington. Put suing; was to thwart an attempt at kidnapzing. up my horse, staid ten or fifteen minutes in the Was on the way to my recitation, which was at crowd, and then went upon the other side of two o'clock, when I first heard and saw the the street. Was at Wellington till the negro crowd. Think defendant went among the last was taken away. Saw defendant. H-eard no of the first parties, about an hour after two words from him. Saw him with a whip, on foot. o'clock. After the first part of the crowd had Afterward saw him sitting in a buggy. Saw gone, a message was sent back. One nilght, him on foot, in the crowd, half an hour to an not long before, there was a cry of murder near hour before the Rescue. Did n't see him address my room. anybody. Saw- him only in front of' the hotel, Direct resumed. The rumor in the crowd perhaps twenty feet from the portico. After was - I did not hear the person who brought John was taken away, saw something like ILowe the message - that the message was a call fbr making an address or reading to the crowd. more men. Don't know who brought the mes- Saw no such reading by Lowe or his party besage. After the message the second part of the fore the negro was taken away. Negro came crowd- went down. All went who could get out on the balcony, and said something to the conveyances.; I knew that John told me he crowd. Saw the negro'brought out. Did n't was a slave. Don't know what others knew see defendant before the negro was brought out about it. If the owner of the slave should on to the portico. Saw the negro brought out come and take his negro without any papers, I from the door.'Did not see him put into the should not call it an arrest. If an agent of the buggy. Don't know who was in the bugsy. owner should come with power of attorney and Cr'oss-examined. - Helped Wood puti up a proper warrant, I should call it an arrest. ladder. There was apprehension that fugitives and free For what purpose did you help put up the colored persons would be taken away. Mr. ladder? John -Lang and several other persons conmuni- Objected to. cated these' apprehensions to me, especially after Court overruled testimony. [Just such testithe Wagoner affair. My purpose in going to mony was drawn out by the PIrosecution, ten Wellington was to put myself in a way to do minutes before.] Nothing was said between OBERLIN-WELLINGTON RESCUE. 33,Wood and self about the purpose for which the steps and read papers; Was out of the crowd jadder was put up. across the street perhaps half the time. Saw ChIauncey IVacik, suworn. [Defence asked John come out on the balcony. He came:out leave to introduce testimony to show that the and a man with him and isome one stated he witness was in Court after the order was given by was brought out for the purpose of telling the the Court thatwitnesses should retire and remain crowd whether he wanted.to -go back to Kenout till called. Court refused the petition, but: tucky. He did commence telling his story, directed the District-Attorney to ask the witness,. but didn't get through with it, because the Witness said he had been in the room, but. crowd. below told him not to say any thing, heard only a little testimony. Had been tokl but to come down, jump down, and they would that-witnesses must keep out of the Court protect him. He didn't, say he wanted to go Room, but did n't know it was an order of the back -but I think' he was just a 0going to, when'Court. Was not present when the order was they hollered to him. Saw a number as soon given. By leave of the Court,,Ansel W. as he come out on to the porch lift their guns Lyman testified that the witness was in the~ toward the balcony, cock them, and tell him Court Room when the Court gave the order. to jump down'and they would: protect him. The Court ordered the examination to go on.] Was not in the room myself at any time. Reside in Oberlin. Keep public house. Saw a rush at the backside of the house with Was there on September 13thlast. Went to weapons. Some young men belonoing to the Wellington. Staid till the negro was rescued. house stood at the door and told them they Did n't see Bushnell at Oberlin or Wellington. could n't come in. One of these had a pistol Was in the crowd at both places. A lawyer and told'em they could not come in there. named Dickson came out of the. hotel at Wel- Saw the rush which broke in by the front door lington and came into the crowd and said to just as the negro was brought out. Think those near him that he had examined thle somewent up by the ladder, but some one papers by which the men held the negro, and stood at the top with a pistol to keep them thought they were all right. Some repliedthey back. A ladder was put up and a rush was didn't care for papers or any thing; they'd made before the train comne in, and again have the nigger anyhow. Mr. Patton, who afterward. It was ~ generally understood sits yonder, came out, I think soon after through the crowd that the men'had papers.'Dickson, and stood on the lower porch in front, Some of the crowd advised peace, and some a and seemed to be endeavoring to still the rush. crowd, and told them that they lied papers Cross-examined. IIave lept tavern at Oberwhich he thought were all right, and advised lin some ten or twelve years. Had had no taking some legal course. Don't know what the reason at all to anticipate a crowd that day. crowd said to this. They listened a little Jennings, Lowe, Davis, and Mitchell, put up while and purty soon got noisy again. After- at my house. Jennings had been there no wards a good man-y advised breaking into the longer than Lowe, I think. Don't lnow how house and taking him out anyhow, and purty long they had been about.'They had genersoon they did take him out. Got back to ally been off daytimes, lodging with me. Did Oberlin'about candle-light. Didn't see the not know tlhat there was an intention to run buggy in which thd nigger went oiff Saw the off a nigger. One of the men had asked me rush when the nigger come out of the house. about Frank. Was surprised to see the crowd. Bu'gTy went north. Don't know as there was Went to Wellington to return a 510 bill I had a meeting that night at Oberlin. Heard there taken of Jefinings, which all the money jiudes was. Heard a great deal of cheering up that I fbund in Oberlin thought was counterfeiL way. Have no reason to suppose defendant At Wellington found. the bill was perfectly was at the meeting. Heard a great deal said good. Had some curiosity about what was to in the crowd at Wellington. Some said they'd be done at Wellington, but should not hey tear the house down but that they'd have the gone if it had n't been for the bill. Saw nigger; they were Higher Law men, etc. people coming in from all quarters- not all They grew still about train-time, as I after- Oberlinites by considerable. A good many wards learned because they expected a de- had gathered to see the ruins of the fire which spatch had been sent to Cleveland for U. S; was still smoking just opposite the hotel. troops, and they waited to see if they hadl There was about fifty'at the hotel and one come. Some advised to make a rush before hundred at the fire. I got. out nearest to the train-time, but they wa'n't agreed enough. nigger crowd. Did n't try to hear. Didn't Think the train passed about five o'clock in'think why the crowd was gathered just then. the afternoon. lon't know what day. of the After standing around about half an hour month the Rescue took place. It took place'went, across the street' and sat down to talk about sundown or a little after, between five with some old friends. Sat there fifteen or and six o'clock, I should think. Remember twenty minutes and then went, back to the the Rescue was a few days after the tenth of vicinity of the hotel. Then went,over to the Septenmber. Don't think Patton brought' out fire. So kept moving about the square all the: any papers. Didn't Bee any one'.mount afternoon.: Almost constantly in sight of thle 5 34 HISTORY OF THE front of the hotel. Was in front of the tavern came between three or four o'clock. Didn't and heard the'train: come.'Staid right there know any of them. Some asked to see the till the rush was made.'Then I expected there negro, and I consented. Don't know who would be some shootin' going on, and I didn't they were, or whether they went into the want to die just then, so I left. [Laughter.]' room. Was told that some of these persons Was in front of the hotel when the negro were Watson, Patton, Lincoln, and Scrimgeour. John was brought out on the balcony to talk to Heard that the crowd were after a negro who the' crowd. This was very soon after I first was in the hands of the Marshal. Can't say got there. Am quite sure Davis was with him. what part or position Watson had in the Did:n't see Jennings there, nor Lowe, that I crowd. Can't say what was said out doors. remember. Don't remember any one but Was in the house most of the time. Should Davis. Did n't understand him to say exactly think there were somewhere near five hundred that he wanted to go back, but that he was in in the crowd. Might have been twenty to the' hands of the law and s'posed lie might as seventy-five bearing arms. Can't tell how well go back.'Dickson came out either a little many. Had some conversation with Mr. Linbefore or a little after the train came' in, and coln. Think Lincoln said they was bound to seemed remarkably cool for him, and said to have him any way. Told him there was a those of the crowd near me that he had exam- legal way to get at it without having a riot. ined the papers, and as far as he'could see Lincoln said what was done must be done bethey were all right. Defendant was not in the fbre the train from Cleveland came, as there crowd. Saw nothing of defendant that day. was a rumor that a despatch had been sent to Afterward Patton came out and said that he Cleveland for United States fobrces. The train had seen papers which appeared to be all right, was due at 5: 13. Lincoln was a stranger to and he thought they had better take a legal me. Told him I didn't think any despatch course,'and not be trying to get him off in this had been sent. Had some conversation with shape. Recess till 2, P. \I. Matthew Gillett. HeIc told me that the best thing I could do was to open my house and let FOURTH DAY. 2, P. 1r. the crowd go in and take out the negro. I Chauncey I/Vack. Cross-exanzination con- told him I did n't want my house ransacked by tinued. [Witness repeated most that he had a mob. HeI proposed to have a committee of stated on direct examination.] Got hungry the ten to twenty go in and confer with the nmen latter part of the afternoon, and went around peaceably, and see what could be done in a to the kitchen to try and get somethiing- to eat. proper mianner. I told' him I had no objecThe' women was there, but would n't let us in; tions to such a committee going in; they might tho't we were part of th eI rescue crowd. go in and confer. This was in the back yard; Diclli't know any thing about the plan to a good mlany persons being in hearing. Don't decoy the negro out of town. Mitchell told know whether any such committee was chosen. me a day or two before that he was lookin' for At his request, I mentioned several nanles of negroes. Mitchell kept very close in the house persons who I was perfectly willing should be while he was stopping at miy house. But Jen- on the committee. Armed men occupied posinings was gone out miost of the time. tions all'round the house. Don't know who Direct resumzed. Warren's barA was burnt stationed them. I was in the hall when the while Mitchell was at my house, but that night crowd rushed down; did n't identify the negro, Jennin;gs was gone. Think it was Saturday but the cry was that John was gone. night. The negro's throat was cut while Mitch- WTilliao] B. Worden, called. Live in:Oberell was there, too. Don't remember what lin. Lived there in September last. Was at night that was.'Don't remeniber which hap- Oberlin on the return of the rescuers from pened first. Heard that the throat cutting Wellinoton. Did not see the negro John. was in a fight between the nigers them- Saw defendant. It was some dark when they selves. i came back. Heard defendant say nothing. A Cross resumed. Jennings was frequently gentleman in the wagon in which defendant gone nights while stopping with me, from first had been, said they had got John. Defendant to last. Warren's boy is part white. Lowe and had gone into the store. Don't know whether Davis came to my house on Monday morning defendant heard the remark. Wagon stood in with their team, had it!fed, but not unlhar- front of the store. Defendant had gone in. nessed, and went off again at 10 -or 1i o'clock. Don't know how far in. Store door stood open. HIave no recollection of their coming: in the t Richard K. Whitney, sworn. Reside in Obernight of Sunday.: They came Monday, to lin. Remember the rescue day. Was in best" of my recollection. Only one of the Oberlin. Don't know when John was brought party staid with me Sunday night, I think. back'to Oberlin, or when taken away, or how, Think it was Mitchell, am not positive. or any thing'about it. Oliver S.:Vadsworth, sworn. Am ilot keeper The prosecution here rested. of public house at Wellington, but was such last September.'Was at home on the day of District Attorney asked leave to recall one the rescue. Think the first of the. rescuers- more witness. OBERLIN-WELLINGTON RESCUE. 35 John G. Bacon, recalled. Direct exal2ninatio'n. miles northeast of Oberlitn. Davis and MitchIn conversation between Jennings and.myself ell hald hold of John. Lowe sat in the buggy. after his first return fiomn Obelin, Jennings Just about as soon as they got even with my asked me whether I thought Loyd would give buggy, Davis had his arm right around John; him any thing for catching his nigger. Told John sat in my buggy. John was piclkin his him I did n't know any thing about that, but I teeth with his jaclknife.'Mitchell told him to had offered publicly one half of what the ieig- giveit to him. He objected.,M itchell put his ger would sell for, and he iniiht consider this hand to his inside pocket and John dropped offer' open to himself. He did ii't say whetherl the knife. Lowe says' biing him alono." I he would or would not accept these terms, but' s'aw them a few rods before they came up. I was finally said he would go, and I considered ly- driving on a slow walk, they were trotting. I self thus. obligated to pay him one half the nig-. was wvaiting for them. Wheln Lowe said " bring ger would-sell for if he brought him back, but him.along," John said, "I'11 go with you," Davis not any thing unless he brought him back. and 3Mitchell kept hold till they got hin in. There was no other contract. I-ad seen all the men before: at' Wack's,'and Prosecution rested. Lowe at my father's. Lowe gcave me a card. I lost it. I went back'to Wack's. Went from Witnesses for the defence sworn. home to Oberlin that morning'to get John to Lewis D. Boynton, called. Resile'in the town digo potatoes. Said he could n't'go. Went with of Russia, about thirty rods over three and one Joan because I' was getting well paid for it. half miles' from Oberlin Church.: Was at. home Knew what the men wanted to get John for. on Sunday before the Rescue. Was n'ot at W\ as to ha-ve $20 for it. Jennings was to pay home onl Monday..Went to Ashland. S'pose me. Did iiy me $20. The bargain -wia made I shall not be driven out of the Court -lHouse if t' Wiack's oi Mionday morninl' It was spoken I say I went as delegate to a Democratic con- of at my'father's'house. Got John to ride to vcenion. [Alr. RIDDLE.: Not out of tlhis Court another negro's who promised to come and dig Touse, certainly.] [Lauohter.] Saw Jennings potatoes. Then I told Johnl he might as well for the first time in my liie on Sunday,' 12tli of have a good ride afterwards. Came back' after September, 1858.'Got home about 11 o'clocl they hadl gOt Joln,' and told Jennings they'had on Saturday -night..'Vife told' lie there were o.;ot him. So he paid ime the $20; good'money. two gentlemen, strangers, in' the house; she JFather knew nothring of this matter till afterthought they had come to buy cows. Said she ward, that I know of. Told him of- it soon afbelieved one of them was from( Columlbus. Told terward. I was to have $20 more if I got big hler they hadn't come after cows then. After:Frank. Was sorry I could in't gt him. Tlhe milking. next morning, these gentlen c an c card had their address on, so I could write to down stairs.. Lowe came and asked mle if this them if I had any oc casion to. Have' had no was Ir. Boynton, etc. After brealast, wVent occasion to write. Have never written. Lost out to water my cattle down at the creek, and the card. they followved me out, and ifhen for the first time Adjourned till next morning at 9 o'clock. Mr. Lowe told e his business. This was'Sunday. FIFTIr DAY. -9, A. -. SATURDAY.'What did he say? Dist.ict-Attornly rose to say that he was wilGObjected to as immaterial. Argued by coun- ling Messrs. Dickson, Peck,'Fitch, and Plumb, sel eon both sides.'of the witnesses for the defence should remain Objection sustained. [Jen2.in.'s, by special in the Court Room. Defence accepted the ruling, was allowed to g-ive a detailed account courtesy. of l.is visit to Boynton. It was understood by Ileery E. Peck, called.' Am Professor in both counsel and Court that Boynton would hil- Oberlin College. Reside at Oberlin. Remnempeac&h Jennlings.] ber the day o' the allegoed Rescue. Did not on Shakespeare B]oyntonz, called. [Counsel still the afternoon of that dcay meet defendant at or argued upon the point just decided, by leave' of near the steps of Fiteh's bookstore, either alone the Court, with reference to a reconsideration of or with Plumb or Fitch.: Heard no inquiry the ruling. Judge Bliss'for the prosecution, fromi defendant to any one, as to whether they argued at length, that it was utterly immaterial had got John. leard Bartholomew's testiwhether the Rlescue was nmade knOi6inagly (that mony. Understood Bartholomew to say that is knowing that the negro was legally arrested) defendant came up to witness, Fitch, and Plu'mb, or not.' It was enough to show that a rescue and asked if they had got John; one of us reof the negro from the'hands of th!e ien who plied they had; defendant asked what hatd. best had him in custody was made. The Court didl be done; one of' us replied, "go and get themn not see fit to chane the ruling.] ready, and: we will'tell you." N2o such or simiAm thirteen years old.'Expect I am a son lar conversation took place on that day betweenz of last witness, but it's hard telling now-a-days! suc7l parties. Inew negro John well. He was RPemember the Rescue day. Last I SIaw of John, a decidedly black man. Five feet five inches Lowe and Davis and Mitchell were patting him in heiglt; under, ifany tling;'could have been into their wagon, about one'and three fourths' but a fraction over that.':He had been sick just 36: IHIISTORY QF THE before being taken away. At that time would not there. The crowva was all rushing to Watnot weigh over oiie hundred and thirty-five son's, as the rallying'point.' Was somewhat pounds. In health w-Ould iweigh one hundired excited, but perfeectly in hand,- as I am now. and sixty pounds, or more. WxVas broad shoul'Can recollect perfectly and positively what I dered, stoutly built.'didl for I am extraordinarily sen'sitive about Cross-exaimined. Roemember to have known violatiors of the Fugitive Slave Law.'Did not John very well from the spring of 1858 up t'0 to t tWellington.- About five nminutes past the time he was taken awy ay.'aave known two o'clock I went over towa-d lMr. Carpenhim before. Do notknow what his emiploj- ter's'store, and found Mr. Samuel Plumb. We ment was. Did not know him to be eiployed.. stopped about sixty or eighty secnds, and; Seth He boarded with Janmes Atrmstronc, who liv'es Bartholomew came up at my back, with the next to nay farm, so that I sa'w himn, wi:t i rare evident'manner of an eave-'lropper. I then exceptions every daly for some months. Never went East,'and met Mr. Fitch, who, coming sawv him,after September 13th. Know nothing up; i made some expression of inlignation; when orhowV he left except by common rumor. Within a few days after this, I' heard that there Did you ever have any conversation with were United States officers in town, ferreting defendant about John's l'eavin?'' out information, when and since when I have Counsel inquired if Judge BLISS called that carefully retained what I knew of the circumcross-examination. stances. I am only testifying of what: occurred Judre BLiss' I do.: [Arged by both sides at the' points where I as wtithi these gentlemen, at some lengoth.] always at a considerable distance from thle Judre BrELDLEN claimed- that no principle in crowd. I was led by a great singularity in law is better settled thai/n that any jWitness may Joh.i's appearance, fiequently to note his be used by either party, eier as witness-in- heimlt, wdigt,'etc'. Nothing but the sincularC111cf or in-cross. Judle SPALD',XsG armed ity of his appearan'ee' led me so frequently to tiat, in the cross-examination,' the witniess iust n'ote him. ISe was evidently sick most of the be confined to such topics as1lhr d been tcstified time, and apparentlyy sick in'a way a' man upon. by hlim iln d iect examination. ougiht not to be. Should have: noticed any one The CoU1 T ruled'that Judie: SpPALDING else who ad' a similar manner. was undoubtedly correct.] R- alph Pllzeb, called. Reside in Oberlin.' Where dci John go to'from Welling'ton, on' AV~as at Oberlin'on 13th September.'Heard Septenberl3tth? Barthblomew's testimony in'this case. [WitObjectecd to. ness repeated that part of'Bartholomew's testiThe COUrT inquired if the prosecution mony Which.relatedl to the alleged conversation wisled to, ask witness, suach a cqueson a fter between'defendant, witness, last witness, and witness: had stated he, knew inohingl'of him Fitch, as stated by last witness.] No such conafter September 13th? versation took place.' Dicln't see defendant DISTl CT-ATTOnRNEY. Yes, )your I-honor. there. Defendant was not thered.'Bartholomew The COUvT..P oceed, sir. was not there. Never saw John in my life', l i-tness klnew noblino aabout hiim on or after that I know of. Know of his existence only Septemember 1lth. Saw defendant on 1tih Sebo- by hearsay. tember, in Oberlin, in a room over dIr. Eil;i's Cross-examined. Fitch, Peck, and self were sCore. Sw 11 him at no other tinimeor place on on Flitoh's store steps. Defendant is clerk in that day.. is store.'hink no other person w'as -near. h ait timee of the lday was tlisi Have perfectly distinct recollection of persons Objcected to, as incompetent on cross-exam- p7ieset. Am positive defendant was not presirnaion. ent. Thinlk deiend iantn was not.in the store. The COUrT decided that it was incompetent, Think I should have' seen'hiim if he was, fbr unless to prove the clonlersation as beingo there, the store, dooris are glass, and should have seen Whiiih l was.alleged by Bartholomew to be in'him, unless he were far dowvn in the store. But froint of Fitch's store. very feov people were in sight., Watson's store ISalph Pullinb, Samuel Plumb, J. M. Fitch is in another street, around'the corner. Saw were' present in the room. Other personslwere Baitholomevw in the crowd. lHad no converii, but whetlher at that moment or not,iI can- sation with him. The crowdv was continuous not say. The windows were closed and:cur- flom Carpen'ter"s to'atson's.: Passedl through tatned. About 3 o'clock, or later, this' was. the crowdl on the way to my office. May have' We' staid. together about an" hour. Before said a wvord' or two to sotme one in passing. going in there, had " been near Fitch's: stoe. Did not stop to con verse. This was just about a: quarter past two. No' Ja7nies'. Fitch, called. Reside in Oberlin. crowd. about this store.'There was a'crowv in Orn: the store called by'my name. Heard and near WVatson's store.. Almost entirely Bartholomew's -testimony. Was at home on there.:Samuel Plumb, Ralph Plumb, and J. September 13'th. Was,on the' steps at the M. Fitch were with me..No others neaor un- time Bartholomew speaks of. Defiendant was less a custonmer or. two passing. Am, positi1ve not;there. Ie was' n0ot at'the store; had I did not see defendant there, and that he' was:left'some time before. Did not see Bartholo OBERLIN-WELLINGTON RESCUE. 37 mew there. No such conversation as Barthol- lawyer, they had better employ him. Lowe inomew alleres took place in my hearing.* troduced the sulject of-tlhe Greene County Cross-examined. A few words m1ay have slave case, and asked me if I was aware of the passed on the steps. Don't remember what, decision in the court in that cane. This youreg if any. Remember passing over the steps, but man who followed me in, sat down by my side do not remember stopping, on them. William and iead the warrant with me. -ILave'since been Bushnell, another of my clerks, was in. the store., told, his name was Scrimlceour. I staid in the My son, the third and only other clerk, was room some fifteen or tw;entyminlutes. Rememabsent, and defendant had passed out of the'ber no other conversation than that statedl. store by the front door a few minutes before, When I came down, noticed that the crowd had and some minutes after our beilng on the steps, increased. Think I went: out the. back door. he came back.:Do not know where he went, Found something.of a crowd about. MlMade zo or for what. Defendant was not in the store proclamation or address to the crowid whatever. all the afternoon.'There was something of' a Conversed with several individuals, remarlking crowd about the streets. Do not remember to that I had seen the wvarrant, but it lacked a have seen Bartholomew. Am one of the in- a seal. i']alde no expression of opinion aS to its dicted for aiding and abettingn the rescuee of this' aficacy or value, saying that I wcas not vuch conne(ro, John. Professor Peck is also one. rrsant it sucpapers. Didn'tseeLoweoutin Joseph l. Dicklson, sworn. Reside in Wel-. the crowd at all. )id n't see the negro or those lington. Attorney-at-law by profession. Was holding him in custody upon the balcony at all. at Wellington 1I3thl Septelmber last. Should W\ent home about four o'clock. Did not return think two or three hundred were there at noon, to tthe crowd afterward. Going towards it attracted by the heavy fire of tlie early niorn- about sunset, heard a great shout, and heard ing. About 1 o'clock we were tryin a lawv- it said that the slave was carried off. Those in suit in the town hall, and some. person came in the crowd who spoke with me, spoke of the and said a negro had been kidnapped. Con- negro beincg kidnapped, and asked earnestly if stable was sent to say that the Southerners somlething could not be done to save him. wished to see me. Passed through- the public Stated to those who asked that I had seen the square, which. mnay contain two or three acres. paper, but could not -tell whether.it was sufliThe lawsuit was before Justice Bennett. The cient authority or not. Think I said to them same crowd -was there as in the inorning. This that U S. Marshlal Lowe held the negro. Think wvas about half past one or two o'clock. Sawi I talked with but a few persons in the crowd. only one Oberlin man, Wratson. VWrent up to Think there were four or five hundred in the the room where' the Southerners were, in. the crowd. It was a promiscuous crowd. Saw no attic. Now not far from two o'clock. Somee concerted movement...Can't say that I saw persons in the halls and bar-room seemed ex- any common purpose manifested by tlhe crowd. cite(l. At. tlle door, the constable gave some Think three hundred people at least were atb message, and the door was opened, and I went tracted by the fire. Think most that came in, a young man, stranger to me, following us. after two or tllree o'clock, camie from the north. No one came in except these three. Found Saw people, with arms first after coming, down. three men and the negro in tile room. No Thlin C in all I did' not see more tlhan twenty others. Lowe introduced himself and his of0`- guns. Observed none except in the hands of cial character. I asked if lie had pap.ers for colorel men. Understood firom some persons holdling the ilegrno. Saiid he had. Sllowed le lat:more or less of thceguns were not loaded. his warrait, -no other papers. No one ele Neo, guns were dischared or atttemptedl to be showed orther p'pers. Read the warianit, andll,: discllaged in my presence, or to my knowledge. being asked, sai d I saw no informality except Kinow dcfendanlt. Did not see him. there. -the lack of a seal. Lowe said it was not cus- Nc ithier of' thle luagistrates were in the room tomary for such papers to have a seal. I sait with myself and the southern gentlemen. I was not conversant with such papers. I then Cr o:;s-examined. Don't know how the neg1ro turned to one of the other' men, supposintg liiin went off. WVa sisigihtof tie hotel and heard (Ithe to be the' owner, and askedl what lie would tale slhout, and saw a general movemelt: of the for the negro. He said fourteen hundred( dol- crowd. T he warrant had neither seal nor scroll. lars. A third man, with red:whiskers, said he'd The only ilpression I got from the warrant, better take twelve hundred dollars if he could and the party, was that Jennings was s.the negro's get it. The man I bargained with is tall, dark owner'. No paper was. shown me except the complexion.' [Witness identified Jennins in warrant by Lowe. I told them they could n't the audience as the bargainer.] Nothing- was emlploy me..:Think. none came. into the said about the authority by which he would sell room while we were there. lemember no the negro. Nothing said of power of attorney, one coaming in. WVas not there when Esqrs. No such paper shown or seen. Iowe, turning Bennettanid Ilowk, or Mr. Wheeler were to the other two,'said that, as this man was a there. Don't remember more than three men i;.'' with the negro.: Remnember nothing' about * Mr. Bartholomew has since been indicted by tie Davis. Remember Lowe, a: tall, dark-faced Grand Jury of Cuyahoga -county, for perjury. man, and a sandy-whiskered maln. HISTORY OF TIIE W7hile talking with the individuals below, at me if I would go down and tell the crowd that one tinie there were four or five persons about he was legally authorized, and that he must reme. Said to Mr. Wadsworth I thought the turn his warrant at Columbus, and make for crowd had better abstain -from interference. him a proposition to the crowd to choose a comThey made no statement; of the purpose for mittee, which should go with him to Columbus - which they wished:to employ me. This talk and see that the boy had a fair trial. I then was cut short by my saying that they could not went down to the crowd, and got up on the employ me. Think it was after I: readc the steps of the' hotel and stated to the crowd that warrant that the offer to employ me was made. I had seen the warrant, and stated as hearly as KNothing was said about my endeavoring to I could the proposition of the marshal, adding quiet o' disperse the crowd. No request of that that, as far as I could see, the warrant was ~ sort was made. No claim of authority' was right, and if' they wished to proceed according made except by shlowing the warrant. to law, they would probably have'to send to Jacmes L. Pattol,'called. Resided in Ober- Elyria for a Wiit of habeas coiWpus. Was in the lin in September, 1858. Belon, as a student, room with the marshal perhaps'fifteen or twenty to the college theie. Rememb'er some of the minutes. Ie said nothing to me'ofthe manner of occurrences of the 13thi.of tat month. Saw 2the arrest, or of any authority fo6r the arrest, exa crowd that afternoon. My attenition was cept thlie warrant. e said nothingabout a power first called to it between 1 and 2 o'clock. Can of' attorney. Veitther heard any thing cabout, nor fix the time within half an hour I-ad just saW any thing of, a po7er of attorney till 1 heard seated myself to study after'dinner. Some one of it i, this Coz rt oem. Received no instruccame into the hallan11 d said that some one'had tions to speak of a power of attorney to the been carried off by slave-catchers, as they were crowd below.. Saw others of Lowe's iarty called, 1 think. Took my hat'and went to the while ulp stairs, but had no conversation with crowd near XWatson's store tHeard this rumor them. confirmed there. Dild not stay at all, but left Court adjourned at noon to Monday morning -and went to Whitney's livery stable. Before at i0 o'clock. going there I learnned in the crowd somel of the circuimstanees under avwhich e man h d been SIxTIX DAY. 10, A. M. MON~DAY. taken. In substance, that a nmanll had been James L. Patton, exanination-in-chief conztindecoyed out of town and snatched up and taken isued. [Before proceeding with the testimony, away bky parties lvying in wait. The rstlmor had lir. PUrDDLE wished to call the attention of the been about the town for several days that parties Court to'a fact whicli had just colne to his were liSng in wait to makc such an abduction. knowledge, namely, that one of the Jurors, Mr. Don't Iknow what brouglht the crowd together. Chas. N. Allen, tuas aC? oificer of the Court- a I joilled the crowd because: I hieard that the deputy imarshal. IHe did not wish to intimate man had been carried off. Know others who any unfairness, but desired the Cburt to notice joined the crowd for the same reason. I went the fact. The Court did not see fit to take any to W~ellington because I had informlation that action in regard to the matter.] the man had been cau ght up andi ca'rried in The examination therefore proceeded. that direction.': Wm.' D. Scrimgeour and John The warrant was spoken of' in my inter(G. W. Cowles went with me. A number were view. with the marshal and his party, but no aealad of me; don't know how many. Drove "other paper.' Saw no other. Lowe offered to to Wellington in about an hour. igllt hiave go out alnd read his warrant to the crowd, if I been eighty or one hundred about time hotel. w~ould'go along and protect him. He was Didtln't notice hlow many were about'the fire - afraid of ~violence if unprotected. I consented saw a crowd there. Passed'round thlrough the'to go. W7o e went out the back door, along the crowd half aln houi' ot so, and then went into soutth side of the house into the square, thence the 1room in the, garret. Can't tell whvat time a few rods'south to some steps. Lowe and I I got into that ooni, solllewhere about 4- o'clock. mounted, he handed me the warrant, and I VWent to the back door which was guarded. read it, Wee then proposed to the crowd that Told a man, I took to be the landlord, that I as they had heard his papers, they let him go wantedl to see the marshal. He refused. Then: about his business. Some one answered that said I walited to see Scrimmreour, and he took the warrant made no, difference, the crowd me to the room in the garret. He knocked at would have the boy any way. Just then, I the door, and Loywe calfmel out.' Landlord said heard a, rush, and looking toward the hotel, I wanted to see ScrimSeour. Lowe took nie by saw the;crowcd pouring in at the front door. the arm and said he wantedcl to talk with me. Lowe caulght me by the arm,; and We with'a'Led me'to a little room- near by, and told me tlhird gentleman returned to the room in the he had-sent to Cleveland by telegraph for aid, attic. Passed up the first flight of stairs with-.which would come on the 4 o'clock train, and out difficulty, but founld solmething of a ciowd that his papers were all' right. He then on the:second flight. Tecrowdel though showed me his warrant; which I looked over into the:roomi. This twas some ten minutes be solewhat, but did not read carefully..' He fore the boy was taken out. No warrant was showed me no other papers. He then-asked shown to le, or in my presence, except when OBERLIN-WELLINGTON RESCUE. 39 Lowe and I were alone in the adjoining room. William Ihowk, sworn. Resides in the town I asked Jenn2ings if the boy belonged to. him, and of Wellington, three miles north of the village. he said lhe did. No other conversation or re- Some time in the forenoon of the day of the mark about the ownership of the boy was Rescue, someone, passingmy house, said, Welmade in my hearing.: Think no one beside liington was burning up; and, although unwell, Mlandeville, and the parties who had. the boy in I immediately set out for the scene of the fire. custody, were present when I asked about the Should think at noon there was a crowd of five ownership of the boy. I saw nothing of de- hundred, or muore. Think some were then fendant on this day, either at Oberlin, or at about going home. There was a case of asWellinfgton, or on the road between. On ar- sault and battery being tried there that day, to riving at'Wellington, heard that the boy had which I went; I think the case was appointed been out on the balcony. Did, not see or hear for 2 o'clock. Esquire Bennett asked me to of' his being out there after my arrival. Heard sit with him (am Justice of the Peace), which" I at Wellington that a lman had been kidnapped did. We got just through the case, when a man and was about to be taken away. Heard that came in and said a man had been kidnapped, he was a fugitive at Wellington; do not re- and was now in custody near by. Think he member hearing him spoken of at Oberlin as made oath to the fact; the affidavit was read aloud a fugitive. Heard it said, not by the crowd, to those in the Town-House - one hundred or but by the marshal, that a telegram had been so -and a warrant was issued. [Esquire Bensent to Cleveland for assistance which would nett then asked me, if there should be a trial, to come by the 4 o'clock train. I did not make sit with him, to which I assented. Those in the this fact known to the crowd; may have heard Town-House then went out. Do not know who it spoken of in the crowd, but do not so remem- came in and made the affidavit. This nmight now ber. Was, perhaps, in the room with Lowe in have been 4 o'clock. Esquire Bennett and first interview ten minutes. Remember the myself then fwent toward the hotel. The warrant declared the slave to be the property Town-I-House stands south of the hotel ten or of John G, Bacon. Asked Jennings if he was twelve rods, on the same'side of the public the owner, because.I had not learned -his square. Should think the crowd was now not name, and he affirming himself to be the less than at noon, and I noticed some individuowner, I at once took him to be John G. als I had not before seen. Saw some guis, in Bacon. all, perhaps twenty. Saw none except in the Cross-examination. The crowd responded to hands of colored men, except that I saw ~Mr. the reading of the warrant by saying that they Wheeler throw a gun. Saw no leader or leadcared nothing for papers; they would have the ers. No concerted action. Heard a good boy anyhow Columbus was too far south to many speak of the man in. the attic as having go. During the afternoon heard threats that been kidnapped; it was farther said that no the roof should be torn off the house but that papers had been used in the arrest of the man. the boy should be rescued. Heard no such These remarks were made by persons who threats in response -to the reading of the war- were strangers to myself. Some whom I knew, rant. Some persons passed in and out during standing upon the outskirts of the crowd, said my first and second visits to the room; there they wondered if it was a case of kidnapping, were not many of these; cannot say, how adding that, to all appearances, it was. Did many. Think most of them belonged to the not see the negro on the balcony. Saw a man company I first found there. Saw Wheeler on the steps reading a paper. Could not hear during the afternoon; can't tell where; can't what was read. I went into the building. say he was in the house; was not present WVm. Sciples came to me and said the marshal when he had an interview with those in the wanted to see me. This was the first I knew room. Do not remember to have seen Esq. whether there was a marshal, or in what shape Howk or Esq. Bennett in the room. Know the case was. I went up and found Mandewitness Wheeler only by face; know nothing ville and David L. Wadsworth in the room. of his brothers. Was in the room when negro This was quite late, and dusky. A man came was taken out. Did not see him put into the up to me, and speaking quite low, said he wantbuggy. ed to see me. He led the-way out of the room Examination in chief resumed. Heard no to the head of the stairs, and there handed me threats after the warrant was read. Saw noth- a paper; I took it, and looking at it, told him I ing like concerted action in the crowd. Knew could not read it without glasses, and handed of no concert in counsel among any acting as it back to him. He said nothing till then, but leaders. then said, "If half a dozen or so of your men Cross-examination resumed. The response will go with me to Columbus, and this thing to' the reading of the warrant was made by a isn't a straightfobrard' thing, I'11 let the boy single gentleman, who accompuanied the marshal come back.".I told him I wanted nothing of as his friend, and declared himself a stranger the boy. Nothing was said by either of us in the place. The expression was, " The crowd concerning his name or office, or the characcare. nothing for papers; they will have the nig- ter iof the paper in any way. Nothing was ger anyhow." said of another paper. The first I ever heard 40 HISTORY OF THE of a power of attorney, wasin this Court House. ing, of ally other paper. I looked over PatSaw nothinl that was on the paper. Thouglht ton's shoulder while lihe read. The paper purI made out the word "' Columbus," inlarge:type. ported to be a warrant issued and signed by a Could not tell whether the paper was written U. S. Comlimissionler. There was no seal upon or printed. As I was passing up I heard some it. Was a law student at that time, and have one say there was no seal on their papers, so been since. On this account examined the I looked especially for that, an-d found nothing paper with special interest. Heard nothing like a seal. Was not with this mian more than said by any one at any time about the existence a minute and a half; or so. No other conversa- of any other paper. Particularly asked some tion passed, except that I said to him, as I start- persons passing in and out of the room if they ed to go down, that I thought the crowd (lid knew of any other papers, and was answered not know there was any marshal. The name in the negative. Heard only one opinion in of the gentleman who took me out vwas not the crowd, andc that was that the arrest was utmentioned in my hearing, or his official char'ac- terly illegal - absolute kidnapping. Knew ter. NothingL was said about any other person John well.' I-e was not to exceed five feet five having any trhing to do with the custody or own- inches, at the utmost. This is ly own height, ership of' thle boy, except the gentleman with and I feel sure he was no hicgier. and probably whom I spoke. not so hlirh us myself: Am confidient of' this. Cross-examined. IHeard no statement that IKnow Seth AY. Bartholonmew. HaHave known there were papers until, as I was passing up, him1 for ten years intimately. His reputation just before entering tih roomn, some one said lfr truth and veracity is not as good as that of the papers weie good fbor nothing, having no Ien in general. If he had anly prejudices or seal. Heard nothinig of a marshal, till Sciples personal interests in a suit, I shouldl very much came to slyr to ine that thle marshal wanted to dislike to believe him under oath. see nle. I)on't know who it was came to get the -Recess till 2 o'clock. warrant for the arrest of kidnappers. Kept mainly on the outskirts of the crowd. Heard SIXTI DAY. -2, P. M. something about a quarrel, a colored man hav- Lysander S. Butler, cross-examinel. Have ing snapped a gun at a w:lite man, or some such beeni readling law with the firm of Plumb & matter; don't know what the quarrel was. Plumb for a year or two past. First knew Sciples, in presenting me to the gentleman in John something more than a year ago. the room, barely mlentioned my name, saying Have you ever heard that John was a fugi. nothinrg else. Did not know, therefore, the tive? man who took me aside, but supposed him to be Objected to. the marshal, and his paper to be a warrant. Objection sustained. But this was all supposition. For what purpose did you go to Wellington? By what sort of a claim did you understand Objected to as improper on cross-examlinahim to hold-thle necro? tion, no such topic havilng been introduced on [Counsel for defence submitted that the wit- the examiination-in-chief: ness's understlanding was not competent evi- Objection overruled. deuce. I heard that a man had been kidnappled, and The Court ruled that it was.] taken toward Wellington. By kidnappin, I I understood it, or supposed it to be a legal mean a seizure contrary to' the laws of the claim. Asked Esq. Bennett if' he had read United States. All that I heard was the simlthe papers, referring to the one paper shown ple statement that a Ian'had been kidnapped. me. He said he had, and guessed they were WVhen did you first hear that day that John all right. Mentioned to sonle persons that I was a fugitive? had seen a paper, but took no pains to spread Objected to as travelling beyond the limits this information in the crowd,' having so bad a of cross-examination. cold as to be unable to speak loud at all. Said The Prosecution'stated that it intended: to nothing to the crowd.' use this witness to show the knowledge and Direct reszmee(l. In speaking with Esquire opinion of the crowd. Bennett about the paper, I think I said, ":the Argued. marshal's paper," having reference only to the Objection overruled. Exception taken. warrant. Bennett said nothing to me of any Q. When was it that you first learned or other paper. Do not know that the crowd, as was informed that' John was a fugitive slave? a whole, knew of any paper. The general cry A. I do not know; cannot remeinber at of the crowd was that it was out and out kicd- what time, and under what circumstances I napping, there being no papers at all. first heard this. It is my impression, that it Lysander S. Butler, called. Reside at Ober- was not generally understood at Oberlin, that lin; was at Wellington on the day of the Res- John was a fugitive slave. I went to Wellingcue. Was not in the room where John had ton in the regular stage plying between Oberbeen, while John was there. Was next to lin and'WTellington.'hink there was not more Lowe and Patton during the reading of the than one person beside myself; and the usual warrant, There was nothing said, in my hear- passengers on board. OBERLIN-WELLINGTON RESCUE.;41 When were you in the room with the negro have resided there fifteen or sixteen years. John? Knew John bysight. Knew him pretty well. I was not in the room. IHe was a black, a very black negro.- About But you testified on the examination-in-chlef five feet seven or eight inches high. Might that you were in that room. weigh 130 or 140. Rather shoit and stout No, sir, I must have been misunderstood. built. Know Seth W.- Bartholomew. Have [The learned associate of the District-Attor- the means of knowing his general reputation ney gave the witness such a " talking to" as for truthl and veracity. It is not as good as brought the counsel fobr the defence to their that of men in general. Should not want to feet to ask if witnesses had: any rights in this believe him under oath. court. In making this inquiry, they were so Cross-examination. Have known Bartholoseriously interrupted, that the Court was obliged mew ever since I.have been a resident there. to command silence. Thiswas a lamentable His reputation has always been bad. HI-ave departure from the dignity and courtesy which heard the largest part of' the inhabitants of had heretofore characterized the bearing of the Oberlin speak distrustingly of him. Among prosecution. The Court promptly enforced them Elliott, Pelton, Lowe, Beecher, Cox, and order.] - Brokaw. Some nine or ten years ago he was I said to some individuals that I thought the indicted for stealing money. Ie has been an warrant was good for nothing. Said so, be- apprentice of mine. These men named have cause I supposed a seal to the warrant was nec- spoken of him to me repeatedly as a thief and essary. a liar. I)id you not know that he was a canDid you not say to the crowd that you didate for constable at the late village election thonllit the papers were all right, and the fin Oberlin? on3ly legal relief was by a writ of habeas cor- No, sir; never heard of it. But did hear pucs? that he got two votes for that office. [Laughter.] Objected to as new matter. -Ie stole ten dollars in money, and was tried Arfgued. before a Justice. Court first sustained, and then overruled the Brewster Pelton, sworn. Know Seth W. objection. Bartholomew. Know his general reputation, I have no recollection of ever making any That it is not as good for truth and veracity as such remark as my own opinion, but do remema- that of men in general. Have known his repuber quoting a remark like the one incorporated tation for truth and veracity to be thus bad in the question. I quoted it to some one sitting from 1850 to the present time. in a buggy near the bugoy in whieh I was then David JBrokaw, sworn. Hlave resided in sitting. Am' positive John was not over five Oberlin seventeen years. Have been Mlayor feet five inches. Think he was about five feet of the village, Known Bartholomew during four inches. IHave had no conversation with these seventeen years. - ould not believe any individuals concerning John's height since him under oath, if' he were interested or prejuthis case commenced, farther than barely re- diced. Do not know the boy John. marking on reading the testimony of witnesses Clark Elliott, sworn.')o not know John. who thought him five feet eight or ten, that Have known Bartholomew thirteen years. they had set him up pretty well. Would not believe hin under oath, if likely to J. J. Cox, sworn. Reside in Oberlin. Have be interested or prejudiced. resided there twenty years. Remember the A. NI Beecher, sworn. Resided in Oberlin occurrences of Sept. 13th. Was not at Wel- twelve years. Am Iayor of the village. Know lington on that day. Knew John well. Am Bartholomew. It would. depend entirely on builder by occupation. John's height was up circumstances whether I should believe himl to my ear, five feet four or five inches. Have under oath. worked and scuffled with him an-hundred times Dr. HF. A. Bunce, sworn. Resided in Oberlin or more. Am pretty sure he would not in five years. Known Bartholomsew five years. health weigh more than one hundred and forty -lis, reputation for truth and veracity is not as pounds. Know Seth WV. Bartholomew. Have good as that of men in general. known him from his cradle. Lived manyyears Dr. H. Johnson, sworn. Am a physician. in the,house with him. His reputation for Have resided in Oberlin thirteen and a half truth and veracity from his boyhood up, among years. Remember the incidents of September the large majority of the people of Oberlin, 13th last. Knew nothing of the crowd until has been bad. after the return from Wellington., About 3 in Cross-examined. If in a suit he had any the afternoon was going in the outskirts of the prejudices or interests at stake, I should not village to visit a patient, when a man met me believel him under oath. His reputation has going toward the centre of the village, and said always been bad. Could hardly find a man that a negro had just been kidnapped. who would not agree that he was notoriously What was the state of the public mind at untruthful. John was very black, so black he this time with reference to the apprehended shone. arrest'or seizure of negroes? Philo Weed, sworn. Reside in Oberlin; Objected to as irrelevant. 6 42 HISTORY OF THE Objection sustained. [The Court had pre- Such an answer objected to. viously repeatedly ruled in precisely this char- Question repeated. acter of testimony.] Same answer. O. S. B. Wall affirmed. [Though a colored The COURT asked the witness if he under man, Judge WILLSON, forgetful of the Dred stood the English language. Scott decision,. decided him to be a perfectly Question repeated. competent witness.] I have. Would believe him under oath as Am resident of Oberlin. Have been since soon as men in general.'53. Native of North Carolina. My father W. B. Worden, recalled. Have lived in was a very extensive slaveholder. Knew the Oberlin five or six years. Know Seth W. colors by which people of color were classified. Bartholomew. Have no reason to distrust his There were black, blacker, blackest. [Laugh- word under oath. ter.] Then copper color, which is about the E. A. Munson, called. Am son of the prescolor of hemlock tanned sole leather. [Laugh- ent Postmaster at Oberlin. Reside in Cleveter.] Then there are dark, lighter, and light land. Have done so for the past five years. mulatto. Knew John very well. He was a, Previous to that, resided seven years in Oberdecidedly black negro. Not over five feet and lin. Knew Bartholomew intimately, as a a half, and probably not over five feet four or schoolmate. As a boy, he was rather wild, but five inches. His weight on the 13th of Septelm- since coming to years of discretion; have underber last could not have been over 125 or 130. stood his reputation to be as good as that of IDefence rested. men in general. Would as soon believe him under oath as men in general. Knew that Defence asked leave to make three argu- when he was thirteen or fourteen years old he ments. The Court refused. was accused of stealing some change and At the request of the prosecution, the Court something else, don't remember distinctly what adjourned till the next morning at 9 o'clock. it was. Never heard of his being under arrest. Heard that he paid back the money, and so SEVENTH DAY.- 97 A. M. the matter was settled. The prosecution resumed the examination Cross-examined. He was at work about Mr. of witnesses. Witnesses sworn. Pelton's store, where I was employed at this XNorris A. Wood, recalled. Have lived in time. This was about twelve years ago, after Oberlin three or four years. Know Seth TV. we had done going to school together. [WitBartholomew somewhat. Have had a good ness was evidently confused in dates, since it was deal of deal with him since I have been there. but twelve years since he first came to Oberlin.l Have taken his reputation for truth and veracity E. P. Dodge, sworn. Live in this city. Lef to be good. Would believe him under oath. Oberlin two years ago. Was brought up there. Was at Wellington. Know L. S. Butler. Saw Know Bartholomew. We grew up together him at Wellington. Heard him say something as playmates. Should think his reputation for about the papers. He came to me and I asked truth and veracity was as good as.that of men him what they was a going to do, and he said in general. Would believe him under oath as they could n't do any thing there. He said the readily as men in general. papers was right; they'd got to go to Elyria Clharles T. _Mar/s, recalled. Lived in Oberanl get a writ of' habeas corpus to take John lin about two years. Keep meat market there. away from them. He wanted to get a horse Known Bartholomew for two years well. Never and buggy of me, and I told him I had n't got heard -but that his reputation for truth and any there. I come with Mr. Marks. He turned veracity was as good as that of men in general. right about and went to Mr. Marks, who was Would believe him under oath as readily as standing about ten foot from me. This was men in general. about half an hour or more before the Rescue. Richard P. AMitchell, recalled. Something Cross-examined. I put up a ladder to go up was said between Dickson and myself about the by and see the fun. Expected there would be seal to the power of attorney. Do not know shooting up there, and wanted to see it. This whether he saw the warrant or not. The was but a very few minutes before John was power of attorney was shown him, and he taken out. Should not think it was more than remarked that it had no seal, but he was not five minutes. This was about three quarters of well enough acquainted with such papers an hour after my conversation with Butler. [laughter] to know whether a seal was necesWill swear positively to this. sary, and I said that our laws did not require 31I. P. Gaston, called. Resided in Oberlin a seal. Jennings was standing close by. twelve years. Have known Sethl V. Barthol- Anderson Jennings, recalled. [This witness omew ever since I moved into the place. Have corroborated the statements of the last.] lived right across the road from his father's for Another list of witnesses sworn. four or five years. B. L. Pierce, called. Lived in Oberlin last Have you the means of knowing what his twenty years. Known Bartholomew from his reputation fbr truth and veracity is? boyhood. ItHave not known him intimately, Never heard aught against him. personally. Have known him as a citizen of OBERLIN-WELLINGTON RESCUE. 43 the place. Have not the means of knowing, his He commented upon the crowd in attendance reputation so well as some. Could not say upon the Court, as proof of the interest the that his reputation for truth and veracity was case has with the public, being novel as the,as good as that of young meni in general. first attempt to enforce the Fugitive Slave Law; Harvey Dodge, called. Have lived in Ober- this case excites interest because some wish to lin last twenty-four years. Known Bartholo- know if the Federal laws can be executed, mew from his cradle intimately. Never heard and some desire to be permitted to pursue their his reputation for truth and veracity questioned rebellion against the laws of the country. Some until now. people seem to suppose the States have the William E. K'ellogg, called. Lived in Oberlin right to legislate on and repudiate the law of last ten years. Know Bartholomew tolerably Congress in regard to reclamation of Fuoitive well. About as well as most men. Don't Slaves; some States have passed laws in conthink his reputation for truth and veracity is flict with Federal laws on this subject; Olhio quite as good as that of men in general. has laws subject to this objection, being in conWould believe him under oath.. fliet With the Federal power, which is supreme George Dewey, called. Lived in Oberlin over all the States. four years. Known Bartholomew thus long. Ohio has no right to legislate upon the sub.His reputation for truth and veracity is as good ject of fugitives from labor. as that of men in general. Counsel quoted the clause in the Constitution E. P1, 31unson,' called. Lived in Oberlin under which fugitives are recaptured; that sixteen years. Know Bartholomew. Never clause of the Constitution underlies the Federal knew his character for truth and veracity to Union; and impugned by any one is ipso facto be called in question. Quite a number of a dissolution of the Union. Under that clause, years ago while he was an apprentice to the independent of any law, the ownership of any tinning business, he was charged with stealing. slave escaping to Ohio,' remained in the owner; Never heard a similar charge since that. [Is it follows of necessity,. that the master has a Postmaster at Oberlin]. right to follow and recapture his slave in Ohio. Joln S. Dodge, called.' Lived at Oberlin This question was settled years ago, in the case twenty-three years. Bartholomew and I of Prig, of Pennsylvania. By that case it is,grew up tog'ether. His reputation for truth the duty of Congress to carry out that clause; and veracity is and has been as good as that and counsel cannot imagine how any lawyer or of men in general. statesman could hold that the State has any Chcauncey laclk, recalled. Have lived in thing to do with it. Oberlin eighteen years. Know Bartholomew The Counsel then'came to the facts in this as well as I know any man in Oberlin. Would case: Was John the slave of Bacon in Kenunhesitatingly' believe him under oath. Am tucky, at the time he escaped in 1856? On -landlord of the Russia House. that question Bacon swears he was his slave, Prosecution closed1 its -testimony. and knew John's mother, and the maternity establishes the status as a slave or free man; Defence closed its testimony. Jennings testifies that he knew John to be BaThe CoUnRT gave lth~e case to the Jury. con's slave, for a period of time; saw John in Oberlin, Sept. 13, 1858, and captured him. At the request of the prosecution, the Court Mitchell also knew John as a slave of Bacon, and adjourned at half past ten, till two o'clock in knew his mother to be a slave. This evidence the afternoon. is not contradicted, and it is all the law requires For the reports of the arguments of the -the issue, so far, is established. The next fact to be considered, is John's escape, and that counsel for the Government in this case, we is proved by his being found in the common reare indebted to the Cleveland Evening Herald. sort of fugitive slaves, to wit, in Oberlin; but Taking them as there published, we assume no a question of identity is endeavored to be made. responsibility for their accuracy.. WVe,believe Counsel read the description of John, as in the power of attorney: about twenty years old, them, however, to be faithful so far as they go.] about five feet six or eight inches high, heavy set, copper colored, weight one hundred and forty or one hundred and fifty pounds. The height and Court opened at 2 o'clock. color are disputed by defence; they introduce [The Marshal reserved the. seats upon the three witnesses, who say John's height is less east side of the Court Room for ladies, and they than five feet five or eight inches high. One were speedily filled. The Judge's' rooms, ad- says he is five feet four inches, and two others joining the Court Room, were also occupied by say he was five feet four inches; but might be gentlemen and ladies. Every available spot five feet five inches; another says John was was occupied by spectators, and nothing save about five feet eight inches. The evidence the admirable ventilation and the lofty ceiling, does not show that John's height was misrendered the air of the room tolerable.] described in the power of attorney; one witJudge BLIss opened for the Government. ness says he was in the habit of embracing this 44 HISTORY -OF THE negro, or of playing with him, and their bodies slave.' The Marshal freely: exhibited that warwere often brought in contact, and he says rant, showing almost an undue anxiety to imJohn came just about up to his ear, and thus press oh that crowd the sacred obligations they infers John's height from his own height. The were uider to let him alone in the execution of next point is John's color, and is described as his duty; sending for the Justice, Constable, copper colored. Bacon, Mitchell, and Jennings and the Lawyer, and Jennings shows his power say he was a full-blooded' negro.. Bacon says of attorney, thus being doubly armed. Proclahe is copper color. Jennings calls him black, miation was'made to the crowd, and the warrant and Mlitchell would agree with Jenni'ngs rather read, and Mr..-Patton summoned the people tlhan with Bacon. IWitnesses on the other side and read the paper, and they all gathered say he was full-blooded, and call.him black. around and the warrant proclaimed to them At the same time there are blacker negroes that'John wasa fiugitive slave from Bacon, and than John, and the inhabitants of Oberlin have Jenninos was authorized to arrest him. No inabundant opportunities of knowing, but those' formation was conveyed by the warlrant, for living in Kentucky have a better opportunity: they.all knew before that' John was a fuigitive. of knowing. John proclaimed that he was a.The negro:0oluntarily-interfered to quiet that slave, that he escaped from Bacon, and when a crowd, and attempted to speak to the crowd, crowd of law violators were around hhlli, lhe and said his master -had sent for him and he'said he was Bacon's sltve, and must go back to must go..If he had a master, of course lie was Kentucky; and he said he desired to go back a slave; the mob interferedl and told' him not and see his master andl his mistress. The identi- to say lie Wanitd to go back to Kentucky, and ty of John is placed beyond the reach of every then the cry arose fiom that infuriated crowd question. As to his weight all counsel has to they would have him any way-. N'ow, shall that say is that he became a victim of a foul disease crowd say that they believeid a free man was conltracte( by leaving Kentucky, and going to being kidnapped? AWe do not fear that SouthOberlin; witnesses for the government esti- erners will come to Ohio to klidnap free men. mated his weiht when he was in health. There is no need of Iigher Law; there is It is said that in order to be chargeable with no need of the. rallyinr of the children of rescuing a slave, it is necessary to show notice (od - as Lincoln says of himself- in the on the part of the claimant of the character of' shape of a riot to protect free negro men of the person claimed. The Court will no doubt Oh11io; the children of' this world are adequate charge you that the defendant should have some Ibr.such duty. WAVhen these Oberlin nmen went notice as to the character of John as a fugitive down to Wellington, they proclaimed that they fiom justice. VWhat is sufficient proof? Any did so under the lighler Law, for they knew circumstance that a man of ordinary appreci- they were outragoin thle law of the land. ation would notice is sufficient. The counsel It is a pity that all the good people of Oberread from Giltner v. Graham, 4' McLean, p. lin had not behaved as well as Patton; had 418, beini an action for a penalty of $1,000 they, this indictment would not' have been for rescuing a slave as to the liabiliy of persons found; although Patton went from Oberlin to wvho join in a rescue, and on the subject of the VWVellington, andc his motive might have been notice to rescuers, and the liability of the mem- good or bad, his conduct there was honorable bers of stchl a crowd. - to him, and counsel would say to all his assoThe Oberlin people whllo caihe to the rescue ciate students at Oberlin, "Go and do likeof John, knew hle was a funitive, helir languagpe wise," and you will get the respect of all good showed it; they assemblcdtlon receipt of infeor- men. IIe went out and told that crowd all mation that a fugibive had been taken by slave about that w.alrant, and the power of attorcatchers; all agreeing to the eommon faet tlhat ney by whilchl these men were armed, and John was a fugidive andl-as such was captured. that all that could be -done was to try some iWhat other mlotive hard they to assembile for process of law, by getting a writ of Ihabeas his arrest except that lie was a slave, and they corpus, which. according to the Iliiher Law of intended to'.rescue him? Several answered Obcrlin mig:-ht have superior power to the that they went to Wellington to rescue a slave; United States Court. some were in favor of getting a process for the A young man by the name of Butler;'a lawclaimants, others that they cared not for papers yer, swore tha;t he- was in the crowd, but never but would have him any way; a miscellaneous' hieard of a fugitive slave in that crowd, but it is crowd of black, white, and blue- for some in proof that lhe did declare that John was were drunk- crying out, tear down the house, held as a fuoitive'by lawful authority, and said tear off the roof, brandishing guns and weapons. so in the cirowd, anc went to a Mr. Marks to Is there any doubt every one of that crowd farnish a horse and'd bugy, that he himself knew John was a fugitive, legally held by due gliilit go and get a habeas corpis to get John process, and their intention was to rescue'the away. slave. It was known that he was held under.a iook out for the forgetfulness of. these men. Commissioner's warrant to be taken to Colum- You may expect that.they will forget what bus for examination, every person' who knew took place in the crowdc. Patton has. told the that warrant knew tliat John was a fugitive'whole truth, but Butler has forgotten. OBERLIN-WELLINGTON RESCUE. 45 Dickson says there was no seal upon the The progress of this case has reached a stage warrant, and spoke about it at the time; and in which it becomes my duty and privilege to the marshal said it was not necessary. Mitch- address you on behalf, of the defence. I;n the ell says it was tlie power of attorney, about discharge of that duty it is also my.right, to which this conversation took place, and Jen- discuss just such propositions, and in just such nings says he took the power' of attorney out a manner as I may think. proper. This'anof his coat pocket and handed it to Dickson to nouncement need create no apprehension, for I read. HIere the power of attorney was openly have no ambition to play moral heroics, nor do proclaimed as the paper ion which they claimed I design to pitch the key of my remarks above to hold John. Counsel does not say that Dick- the plane, on which courts and juries are son means to testify falsely, but his memory is obliged to dispose of the every-day affairs of not so good in facts that tend to sustain the practical life7,with which they must deal. And governmlent, as those that tend to its defeat. I trust that in bearing and deportment, I may The authority by which John was held, was not fall below the gravity of this high occasion. the joint authority of the power of attorney It is no purpose of mine to make this Court and of the warrant.' Lowe, Jennings, and Room the scene, and this trial the occasion for Mitchell, all held possession. The indictment tlie expression of peculiar views and sentiments, does not allege, that he was rescuedfrom a war- any farther than they properly have to do with rant, but' was rescued from' Jennings acting the issues. under a. power of attorney, assisted by other I need spend no declamation on the imporpersons.- tance of the case, in any of its aspects. The The defence says the indictment is bad, be- novelty of the issue, the character of the evicause it does not aver that John owed service dence, the argument of counsel, based on tlhe to his master in'Kentucky under the laws central idea of property in man, mark this as thereof. But the ihdictment iuses the words of standing strongly out from all-the subject-matters the statute. Is not that sufficient? Such ever before adjudicated in our courts. In the minds as Clay and Webster, in framing the act, sort of neutral ground that ever stretches from did'not think the words "under the. law there- the feet of the advocate as he arises to the actof" necessary, altliough they were in the act ual case which he must discuss, there is usually of'98. found a variety of matters, usually more or less The jury will be compelled to find -that the discussed, which I shall pass unnoticed. crowd went to Wellinrgton in defiance of the There is one subject, however, lying partly in law, caring'nothing for it, to rescue'this fuffi- that neutral ground, and in part connected with tive, in the midst of his own protestations and'the gist of the case, upon which I must remalk; against the. right of his owner made evident to. and in so doing, I may, and probably shall, adthem. Mlr. ]ushnell was the principal one in vance sentiments with which you cannot symlpathati crowd-at Wellington, having induced per-: thize; and for the utterance of which, I only sons to go there armed,.saying to' one that he ask the toleration which, on all occasions I would had no business there'unless armed. Bushnell extend to you. Whatever diversity of sentiis proved to be in the crowd, and there is no ments may exist among -us, as citizens of this contfiadiction of the fact that Bushnell was in great free State, there can be no diversity of tilhe buggy, being the same buggy in which the interests. negLo was placed. It ewas not Bushnell's horse You are here merely and purely because you and lbuggy, and he therefore must have been are such citizens. As jurors, you represent the selected fbr the purpose of carrying the negro only unqualified democratic element in our govoff. Bushnell was in waiting according to his eminment. The path which leads from your citioffice, when John was put in the buSggy, cracked zeus' seats to your seats as jurors, is straight and the whip, and away he went. At Oberlin, this level, or rather you bring your citizens' seats is;thought'to be a good joke. People around with yOu, and sit with ath l your good vigorous Oberlin think so little of their government and sense, experience, feelings, sympathies, hopes, the statutes of the Federal Government, when fears, passions, and prejudices as men upon they interfere with their sympathies with negro you;'yet all chastened and elevated, subdued women and men, that they consider their viola- ancd toned by the oath which binds you to the tion a good joke. Is it right any people should' duties of this present high calling. impugn the laws of'the land, knowing no law As such citizens and'such men only shall I but their own' consciences? This is a serious'address you. question. Any jury of undebauched minds will And now, as to the matter referred to, the soexecute this statute in the same faith as in any called dogmna of the Hifher Law, I am frank to civil or criminal case under statute law.. say, gentlemen -and never had a sentiment Judge Bliss spoke two hours and a half. I was not ready t6 avow —I am perfectly-frank to declare, that I am a. votary of that Higher Mr. RIDDLE addressed the Court and Jury, Law! And I here, in the face of this high triin substance, as: follows*-.bunal, boldly proclaim, that he who has no highMay it please the Court; Gentlemen of the er regard for the right than that which is enJury. forced by the penal code of the country which 46 HISTORY OF' THE is so' unfortunate as to number him with its citi- who, in the observance of one of those old great zens, - whose moral sense does not rise above rights, has. broken the contravening man enact. the coerced observance of the criminal statutes, ment,- the statute, as against him, shall receive - is neither a good citizen, nor an honest man. the narrowest possible construction to exclude Right, and its everlasting opposite, Wrong, him from its penalty.,Take thecase before existed anterior to the feeble enactments of men, you as it would have existed in the absence of and will survive their final repeal - and must your statutes, and state it the most strongly for ever remain Right and Wrong, because they the Government. This boy John, so poor that are such, unchanged and unqualified by your he had no father to give him la name, and so acts of Congress, and statutes of your Legisla- abased that he could never be called -a man, tures. Will any mortal'say that there can be and in mature years could only graduate an no right, no wrong, outside of the U. S. Statutes uncle - was held to ser.vice to John G. Bacon, at Large? Dare any man' arise here and say ill Kentucky. Held how? by what contract? in the face of this sun, that th~'gossamer threads under what obligation, and for what benefit of human enactments, canll break:through or conferred on him?? Because he was a slave, is bind down the everlasting pillars of justice, as replied. Because he was that thing: which all the set up by the Almighty himself?- laws of. God declare cannot exist. How came It is conceded that the will of one man-can- he a slave?.,What great crime iad he comr not accomplish this. If one cannot, ten cannot, mitted, the acdjudoed penalty of which was this nor ten thousand; nor can they confer power doom? The milignanlt genius of his. race on any man, or set of men, who can do it. doomed him at birth he. was, born a slave I You may erase, expunge, exile andl outlaw He belonecl not to the God who made him, this thing, Right; from your' Statutes; and de- the father w'who begot him, or the mother who nounce it as wrong, and still' it is R-ight. Tra- bore hill! but to John G. Bacon, of Mason duce it till it seems leprous- arraijn, condemn, county, Kentucky.. He was a slave because his. and execute it'as felon, and it is still Rigoht, mother was a slave, and she because her mother Imperial Right! who will lord it lghit moyoally was a slave. And her mother was. ravished over the consciences of men, and punish their away fiom lllher demolished cabin, murdered husnon-observance. And the wrolig which you band, and'slaughtered children, in the wilds of enthrone in the place of banished Right, is still Africa, and did not perish in the horrors of the wrong. No matter though it reign till.proscrip- middle passage. And this felon right to this' tion sanctify its ursupation, it is wrong. Jurors stolen. w.oman, transmitted unimpaired through: may be sworn by its authority,, and learned herdescendants to this. claimant, constituted his courts so adju(icate as to uphold its supremacy, sole and. exclusive title to' the boy John, and it is still' everlasting wrong, and n'ot Right, he heldl hlim inl Kentuciky by just the' same rob-. Suppose in a given instance the old right has!ber hand that the ancestor was held with in been repealed by one of.your statutes, and the Africa, the hour. of her capture. And' thia wrong enacted; what, then, is to be the conduct John, thus held, and under this obligation, with of the subject? Can there renimain'a doubt as the wrongs of generations burning in his veins to the real course of his action? " But he - with his face towards the North star, ancl, as breaks the law' of the latnd ex lims a pious if polarized, fled. -fled in the night - fiightpatriot, with horror, " and all for suchl a flaw ened, as captives flee;. over the snow-whitened as conscience I" A word about that thing of'earth,' under the stars, and, at his approach, the breaking' the "law of the land." How' do you 07io river congealed, thtt he mniyhtflee. obey the law? AWhy, either by doing the The claimant pursued him, as the men-steabl things it enjoins, or submitting to the penalty'it ers pursued. his ancestors, with shackles, siximposes. Both' are equally obedience. Every shooters, and knives, and.by the same right citizen has this choice held out to him, by every alone. Overtaklino, they adled the sneaking penal statute, and you cannot proclaim a man i artifice of the thief to the.violence of the roba bad citizen when he acts conscientiously on ber,'anfd seized him. As they thus held him in his choice, nor shay he disobeys your law when his agony, the defendant anld his associates aphe submits to its' requirements. Suppose such i roached; and, knowing John was a slave in; a man' is vwronfg in his choice, he challenges Kentulcky, and how.;and by whobm he was there respect and aclmirationi, and is not. amenable to held, that he had esqaped, and how and for' the contumely of those who gibe and jeer him. what purpose he was then seized: and held; and But if he is rilght, if the path of'conscience knowing all this, they put forth their strong in the onward progress of the race, is ultilately hands, and, wrenching. John'from the grasp of recognized as the way of truth and holiness, his captors, consigned him. to the boundless then,. gentlemen, the dungeon to which you realm of f'reedom! This is what they did, and would send him becomes a luminous sanctuary, all they did, and in so doing they obeyed the and the grave, to which you would consignm him,: laws of'God; as written' in revelation, acs written a' star-crowned shrine, to which the feet of all in the free creation, and:stamped in the nature coiming generations vill journey, to gat-her wis- and instincts of man.. dom andl insipiration! And hence the legal Don't be alarmed, your Honor; I know this rule, while dealing with an alleged offender, case is to be adjudged by none of these princi OBERLIN-WELLINGTON RESCUE. 47 pies here. I know that this highest embodied that John was held to service in Kentucky by achievement of the Christian civilization of the the laws thereof. It follows the language of nineteenth century- the fugitive slave act of the statute, but that is insufficient. September 18, 1850 — always to be named The COURT: The Supreme Court in the U. S. with profound gratitude and veneration, at one v. Mills, 7 Peters, held, that for misdemeanors perpendicular sweep, attempts to clear the it is sufficient to set out the offence in the lanwhole moral decalogue and scatter its divided guage'of the statute. fragments, and I know I may not ask you to Mr. RIDDLE: Verywell,the Statute and Conset it aside, or the jury to disregard it. But, stitution must be taken together to form the law warring as it does upon every element of the in this instance. common law and all primitive notions of right, I have always understood the rule of good I am authorized to demand of you as a court, pleading to be, that where a statute creating a the narrowest construction of this act — for Law crime clearly defined it, you should follow its' I will not knowingly call it- for the very pur- language in an indictment under it; but where pose of excluding this case fronm its straitened it merely named the offence, the indictment in scope; sand I may require at the hands of this apt words must set up the acts and things going jury, a liberal construction of all the conduct to make up the offence; and under that rule of the prisoner, so that his acts may fall outside this indictment is wholly defective. of its penalty. In the defence of such acts, How can the Court learn from this indictment arraigned under such a statute, the arts and by what bond John was held to service, and finesse of the bar, which, when exerted in favor short of that knowledge, how can it determine of flagrant crime, approach chicanery, come to that he was holden as required by this statute? be a sacred host striking for beleaguered inno- This is not the instance of (good title defeccence; and that stale maxim, that " a man is tively stated, but of title upon which they can presumed innocent till proven guilty," that alone recover not stated at all. If not necessary floats an imponderable formula in the legal at- to allege that John was held to service, I am mosphere of ordinary cases, arises around such clearly certain that it is necessary to prove it by a defendant, an* impregnable fortress, until car- evidence to this jury, for it is a question of fact ied by overwhelmning proof; and those intan- for them under instructions. gible entities, called reasonable doubts, assume Does your honor, or can this jury be prethe form of robed angels bearing assurances of sulied to know what are the laws of Kentucky? escape and safety. And if, over all, a convic- Suppose, as a historic fact, you take it as true tion must take place, let the blow fall in the that Kentucky is a slaveholding State, can you presence of averted faces; and when the con- go farther and say that certain classes and dlevict stands up for sentence, he occupies a moral scriptions of persons are slaves? and that John lexvel above the tribunal that pronounces judg'- is of that class and description'? I know the ment, and the judge who dooms is abashed in U. S. Supreme Court and its judges, as such, the presence of the criminal he condemns. will, ex-officio, take notice of all-the laws of all Let not these defendants now or ever be de- the States, and for the amplest reasons. The noucedl as flnatics, or bad citizens. If' it shall rule and its reason, are thus stated by Judge ultimately be found that they violated this your McLean in the case just cited by me. s.a':ute, they come to suier its penalties. They " The Supreme Court and its judges recoghave not sought to place themselves beyond nize without proof the laws of the several States, your jurisdiction. Your marshal had but to and territories. The jurisdiction of that Court notify tllem, and lo! they are here, unresistingly and of its members extends throughout the to endure if they must. Union. In the respective States they adminisYet again, I repeat it, they must be reached Ler the local laws so that the laws of those only through "the strait and narrow way" of States come under their special colnizance in this act of Congress, unlike that other way, andc actilng upon individual rights." leading to the other place. They are guarded The Supreme Court is bound to take notice by fiery cherubim, armed with the many-bladed of all laws within its territorial jurisdiction, beswordof the common law, that flashes every way; cause of that jurisdiction alone. A District and all are to be beaten down in this legal con- Judge by the same rule takes notice of all the flict ere they can be reached. laws within its territorial jurisdiction only.'Let us now look directly at the case under I-How, then, can this Court take notice of the (he law and testimony. Mr.: Riddle here made laws of Kentucky, any more than would or a point to the Court, on the sufficiency of the could any of the Courts of Ohio? indictment. It. was therein alleged that John Suppose this Court will hold' as matter of was held to service in Kentucky, but did not state law that Kentucky is a Slave State, it will still, how he was holden, and hence the Court could I presume, require proof of the stalts of this nJt judge of the legality of that holding. John. I kno'w the witnesses swear John was a In Miller v. McQueriy, 5 McLean, 469, it slave, but whether he is or not is mixed queswas decided that the holding to service within tion of fact and law, not to be proven in that the provisions of this slave act, must be by law general way. By the witnesses the Governalone; and hence this indictment should allege ment must prove a state of facts which under 48 1HISTORY,. OF THE the IKentucky law, will constitute a slave. The Ihe fully awoke to the cries of mercy, and a facts as proven are, John's mother was a slave; bleeding Union; and kindly offered one half of and he labored, loafed, and lived in some sort John to whoever would catch and divide him. without wages. If your Honor knows all the We are told that on the 4th of Sept. 1858, he law of Kentucky, can you tell us whether. a duly executed thie alleged power of attorneys child born in that State follows the condition'under which the indictment says John was capof the mother, contrary to the rule of the civil- tured and held, to the.redoubtable. Anderson ized world? and whether a person. receiving Jennings, of Mason County,' Kentucky, which no pay is a slave? causes the elephantine proportions of that worWe are farther informed in this valuable doc- thy, to loom ominously on the horizon; yet ere ument from the Grand Jury, that John was I turn my attention to him and his doings, I owned by John G. Bacon, an allegation to be have a word to the Court as to the legality of proven as laid. John G. who appears before this power of attorney. The 7th section of the us a veritable Scriptural Patriarch, swears in' Slave Statute provides, that the owner of any set terms that John was in truth and fact his escaping slave "his, her, or their agent or attorparticular exclusive and unqualified John. He ney, duly authorized by power of attorney in also says that-he inherited John from his pater- writing, acknowledged and certified under the nal Bacon, and has living a mother, and five seal of some legal officer or court of the State brothers and sisters - which is every word he or territory, in which the same may be executsays about. it. Mitchell whose especial mission ed; may pursue," and capture such slave, etc. to Ohio was to be a witness, goes farther and The power of attorney given in evidence says, that John G. got John on the division of which is alleged to have been acknowledged his father's estate, but frankly says he knows before Robert A. Cochran, Clerk of the Mason nothing of that division, or whether one ever County Court, Kentucky, on its face purports took place, except by rumor. Thus it stands, to have been acknowledged before him by his then, Bacon the elder owned John, and died deputy, one Richardson, which is clearly insufleaving a widow and six heirs at law, and then ficient. the proof stops. If the Court knows all the Does this Court know that';by the laws of law of Kentucky, will your Honor have the Kentucky, the deputy of the Mason County goodness to inform me if by that law this par- Court is a legal officer of that State? If so, ticular John wouild fall to this particular John the acknowledgment' should have been before G.? If not, I beg to suggest, that in Kentucky him as such officer in the exercise of such ofas in Ohio, he fell to.the six, who, for aught. flee. proven to the contrary, continue to own him as Can it be performed before a legal officer, much as men may; and instead of his being the by his deputy? Clearly not. The laws of' property of John G. as alleged, he owns the the State'designate who are legal officers, and valuable interest of one sixth of him only. this statute, designates, them and no others, as This indictment farther says, that John being having this peculiar virtue. In taking this such slave, and so owing service - what an acknowledgment they do not act by virtue of equitable debt on the first day of January any State law, nor in discharge of any State 1856, fled — the ungrateful infidel! He ran duty, but wholly and purely.by force of this away, and good enough for him! On the whole statute, and a deputy under the State law can proof I think that allegation true, and I con- only act for his principal in the discharge of gratulate all hands - the Court, the District- some State function; he as such. deputy can do Attorney, and particularly this naughty John, no act for his State principald under this act; that this is proven. the moment he steps out of the line- of his duty He went off with that " high-headed" Di- as a State official, he ceases to be his deputy at nah,, and " pop-eyed Frank," and it seems the all; and this act authorizes the appointment of infection reached the horses, for two of them no deputies. went off at the same time. Yet whether John Again, the taking of this acknowledgment is and Frank and Dinah went off with the horses, purely a judicial act, and cannot be perfolrmed or whether the horses went off with Dinah, by deputy. "The legal officers" of a Sia'e susFrank, and John, does not quite appear, and tain the same relation to the statute of 1850, as may not be very material. It. is very certain did the justices of the peace, etc., to the old law they all scampered off together, to the huge of 1798, and, according to Prigg's case, might grief' of John G., the detriment of religion act under it or not, at their option. They must South, the great danger of the Union, and the first decide whether they would train under it, disgust of the, American Eagle generally. and, having so decided, must then perform a Court adjourned to Tuesday morning, judicial function. In the certificate under conC asideration it will be seen that the officer says he On resuming the next morning, after recapi- had personal knowledge, that the John G. tulating, Mr. Riddle went on to say. John fled Bacon is the veritable John G., etc. Now can Jan. 1, 1856, and for two years and nine months it be claimed that the knowledge of the deputy his bereaved master lay in a trance of stupefied is the knowledge of. the principal; or that the horror, at this act of ingratitude and treason, ere chief, in profound ignorance of the fact, can OBERLINT-WELLINGTON RESCUE. 49 have this vicarious knowledge through his sub- high office. He forgets the dignity of his official ordinate? position, and consents to play pimp and pander And let it be borne in mind that this ac- to this bawd of American Slavery. knowledgment is an act before the clerk, and Jennings passes by Marshal Dayton, goes to in no sense the action of the Court of which he Columbus, arms a marshal there with a waris clerk, which could be certified to by a deputy rant, which is not needed to assist an owner or only because it was the act of the Court. agent in the caption of his slave, and returns It is, then, with entire confidence that we to the precincts of Oberlin. Keep it in mind, rely, that the ruling of this court will be, that that this man Jennings is, for the time being, this power of attorney for these reasons is the owner, and the only nman'who can capwholly insufficient; which will dispose of the ture; and that he sends Lowe' to take out the case. game after the trap has been sprung, himself It is further alleged, Gentlemen, that tlis the while sitting quietly at his ease, with the Jennings, armed with this power of attorney, power of attorney safe in his inside coat-pocket, pursued this same John into Ohio, and there, in his room at the celebrated Russia House. by virtue of the same instrument and no other And will you mark it well, Gentlemen, that he captured and held this same John. Your this man Jennings, being only an agent and not closest attention to these propositions is re- the actual owner, although clothed by his quired, because each must be proven as laid, power of attorney with full authority to arrest and the Court will tell you if any other man the boy with his own hands, or by posse, in his than Jennings, by any authority, no matter immediate presence, had no power to conifer what, captured and held this same John, this upon another, either by parol or writing, the case must fail, no matter what. the defendant authority vested in hiinself to seize and arrest may have done. Then with a desire only to this boy John. The power to appoint is exhaustarrive at the truth, and do justice between the ed, so soon as it is transferred fiiom the principal parties, and remembering all the time that the to an agent. It cannot be transferred from the Government must beyond doubt establish its agent to another. Jennings, then, Gentlemen side of the case; and not forgetting that it is of the Jury, not attempting himself to authorseeking to enforce a statute made up of unmin- ize Lowe to recapture this slave, but having. gled outrages, let us scan the proofs on these discharged all the duty for which he came to points. the State of Ohio, in having sworn out the Armed with this power of attorney, which, warrant, put it in Lowe's hands, and having for the purpose of capture and the extradition of pointed out the game, seats himself cornplacentJohn, subrogates Jennings to the rights' and ly in his chair at the Russia House, under the powers of John G. Bacon, what does Jennings benignant administration of good Mr. Wack, do? He finds himself on the 8th or 10th of having, as he himself tells us, his power of atSeptember at Oberlin, with full authority. torney safely bestowed in his revolver pocket, Mitchell, the witness to identify, is there, and while Mr. Lowe, by virtue of his useless warrant, dreaming, unsuspecting John is there. Does arrests the man, and establishes him in his cushe want assistants? Is not'Dayton, one of tody. your deputy marshals, there also? AWYhy under I do not undertake to say that the agent may the heavens then, if John is to be taken under not call assistants; but I do say that they, if so that power of attorney, is he not then and there called, must act either in his immediat.e presseized? Why delay and give him a chance to ence, or so near that he, being constructively become alarmed and so escape? Can any mor- present, can direct and order their movements tal tell? in any emergency: but he can never organize Why, plainly enough, Gentlemen of the Jury, a posse, and send them away to make an arrest! because it was never intended to so act under any more than could the owner in Kentucky, that power of attorney. He sneaks off to Colum- by parol, organize a band and send them into bus to one of these high and mighty commis- Ohio and legally recapture an escaped slave. sioners, appointed to execute this Embodiment I know, Gentlemen, that this man Mitchell, of all the Virtues of Christian Civilization in sent to Ohio for the express purpose of acting these Latter Days, and tlhere uses his power of as a witness, says that the power of attorney attorney for the only purpose for which it was was actually shown to John! A most gracious ever given, namely, to swear out a warraelit for favor that, indeed, especially since he tells us the seizure of the negro; and this is all the use in the next breath that he thinks John did n't to which this power of attorney ever was put. read it, because he could n't, and had n't time if he Why, what was Lowe there for? If Jen- could; and Mr. Jennings swears positively that, nings could call Lowe to his assistance, exercis- at the time Mitchell avers he showed it to John ing all the functions of the owner for the time (when the arrest was made), it was in his own being, he could -just as well call any other man (Jennaings') breast pocket, in the Russia House, or number of men. The United States Mar- at least two miles from the scene of the affectshal by virtue of his warrant has no more power ing interview between John and his old friend to assist in the arrest of a slave than any other Mitchell. man. He acts not by virtue, but in spite of his But who seizes John? 7 50 HISTORY OF THE It matters nothing in law, to be sure, since it be taken, and pays the bills at the tavern — is not Jennings, the only man who could seize including of course the " smiles"- could say him, or direct it to be done for him; but as illus- that the property taken by the officer was in trating the animus of the whole transaction, the his (the owner's) custody. Such a custody is question is one of some interest. The carriage the custody of the law and not of the owner. containing the worthy trio, Lowe, his assistants What sort of an arrangement was there beDavis and Mitchell, overtakes and draws up tween Lowe and Jennings — a joint possession? along side of that in which the unsuspecting There can never be a joint possession. The John is riding leisurely along with the little de- officer captures the entire animal, holds the coy Shakespeare. And now who seizes John? entire animal, returns the entire animal to the Mitchell, who may be said to be in the State of magistrate, who either gives up the entire Ohio in some sort by the procurement of the animal to the owner, or entirely discharges owner, John G. Bacon? No. Lowe, the htim. I know, your Honor, that the very propUnited States Deputy-Marshal, with a warrant osition shows its monstrous absurdity, and that in his pocket, under which he comes to act in the custody of the owner is completely, wholly, behalf of the United States, and for the preser- and entirely inconsistent with the custody of the vation of its essential "peace and dignity,"- law. The law tolerates no joint custody whatorders his Davis. Yes, Davis seizes John, as ever. It takes the whole man, holds the whole deputy-marshal Lowe's assistant, being the man man, and awards the whole man either to the farthest of all removed from the agent, Jen- claimant or to himself. Were it otherwise nings, himself, who alone had any authority we might have the singular case of the comwhatever to make the arrest under the power missioner discharging that part of the man of attorney. Davis seizes John, and then arrested, and held by a marshal while the MIitchell comes to his assistance, while Lowe owner would retain his part. holds the horses! And Mitchell says he then But let us pursue the question of fact a little and there showed John the power of attorney. farther. But his excellent confederate, Jennings, swears When they arrive at Wellington and the positively that he had it at that. time in his own crowd gathers, and the inquiry is sent uppocket, at the Russia House. "Who holds this colored man, and by what Rather an unfortunate difference of opinion! authority? " - who is announced to the crowd? Mr. Mitchell may come up to the requisitions The best answer is found in the entire testiof a witness in the State of Kentucky, but for mony itself upon this point. Permit me to this latitude, is rather too pointedly contradicted read to you all there is of it bearing on this by Jennings, -if Jennings may be permitted point. And first on the part of the Governto contradict anybody, concerning which I grant ment, which may be condensed as follows. that it is pushing legal impudence about as far J. G. Bacon. Made power of attorney to as it will go. Anderson Jennings. But why hasn't Lowe and his man Davis Anderson Jennings. Had power of attorney. been placed upon this stand to swear that I-ad it at WVellington, and showed it to the Lowe sunk his high character as a deputy- crowd. Fifteen or twenty of them looked at it marshal of the United States, and that he took inside the room. Sheriff came to arrest us; some part of the authority vested in Jennings wanted to know by what authority we held by the power of attorney, and by virtue of this John. Showed him the papers. fraction arrested the boy? and that he did not act B. P. 3Mitchell. Power of attorney read as a marshal under his warrant if that is true. to them [at Wellington]. Thinks a lawyer Can there be a particle of a reasonable doubt read it. Several asked by what authority we concerning the real capacity in which Lowe held John. Told them by power of attorney acted? He came as a marshal armed with a from Bacon to Jennings. Think Lowe showed warrant to be served by a marshal, went out John power of attorney at the time of arrest. with his assistant and did serve it, and arrested Think John had it in his hand. John and held him as a marshal; which he can- A. S. HIalbert. Patton said that he had seen not and dare not deny. the papers, and that they were good. But, Gentlemen, when after that brief sepa- J7acob Wheeler. Saw Jennings' power of ration upon this benignant mission, the two attorney. Lowe called on all of us for help. streams of authority, one flowing from the Lowe would go anywhere and show his papers. owner and the other from the United States, Did go somewhere to read them to crowd. united again at Wellington, is there, then,'Barnabas Mleachat. Asked Lowe to go out any giving up of the less to the greater, and and read his warrant, and I would see him Jennings assuming the control of John? Noth- back. We went. Stopped on steps a few rods ing of the kind. In the first place he couldn't from hotel. He began to read, and some one do it, and in the second place you know abso- else finished. Went back. I told the crowd lutely and positively that he never did do it. he had a warrant. It might just as well be said that a man who Isaac Bennett. Saw a warrant issued by arms a sheriff with a writ of replevin, goes to United States Commissioner of the Southern a neighboring town, points out the property to District; also, a power of attorney. Told sev OBERLIN-WELLINGTON RESCUE. 51 eral'that Lowe had a wdar.rant to arrest John attorney never transpired to that crowd outside' Price. WT1arrant was read. Think it was. in any foim. Lo WE came forward, and claimed The paper shown me by Lowe wvs a'warrant, that tn held the boy in Ilis custody. And tliis made by United States Comuiissioner; Southern'Mr. Jennings all the while hid his ponderotis District. Somebody put in my ha-nds a power proportions behind Lowe. He did so when Mlr. of attorney. When I spoke to crowd, told them Bennett went up and confronted him. Nobody of the warrant, and may have said "papers." but Lowe came forward, amid if he showed any Saw no other manifestation of the marshal's; power of attorney, it was only to prove that authority. the warrant was sworn out by one duly aunChaunncey I't17ch. Patton said the papers thiorized. I know that Mitchell comes up here were ri ht. Said nothinfg of any power of at- and swears that it' was a power of attorney torey. vlich was shown to Mr. Diclkson, just as if 1M\r. Proof on this point by defence.: Dickson, a lawyer of extensive practice there, Joseph7 II. Dickson, lawyer at Wellington. and recently the District-Attorney of that;Meacham, the constable, came for me and said county, couldn't tell a power of attorney from they wanted to see me. Took me in. Looe- a warrant, after reading it througrh carefully, as introduced himself to me as the United States he himself swears he did, and especially didn't llarshal weho ield Johln. Showved me the war- know -whether the power of attorney was rant under which he held himl. I read it care- properly executed, when if he saw it as it is fully. Noticed it had no seal.. Lowe said it here, he saw it in due form, and with the broad, needed none. Saw no pow er of attorney, and staring seal of' Mason county, Kentucky, upon heard not a word'said about any. A man, it! And it is altogether probable that he said whom I- now recognizc as Jennhings, offered of a power of attorney, as MSitchell swears posihill (John) fomI fosurteen hundred dollars. I tively bhe did (and this Mr. Dickson corroborates told him he was not nworth that in Kentucky. as applied to the warrant of the United States Said he fl-ought he knev the value of niggers. Commissionere shown him), that he "was n't Another, a red-whiske5(red1 maz, said he'd better mzuch conzversant witlh that class of papers, and take twelve hundred dollars. I supposed the could not consequently say positively whether man who offered to sell him was the owner. it was accurately made out or not:!" Said nothing to undeceive nme; nothing about. And who told Dickson he was going to take being agent, or having any power of attorney. John to Columbus? Jennings? Oh, no. But Told crowd of the warraizt. Never heard of Lowe, the Marshal, says, "I ami goilng to take power of attorney till I came here into Court. him to Columbus before the U. S. Commissioner." James L. P(atton. Went up. Lowetook me Anid who went out at the call of the crowd, to into adjoining room. Told s-e he was the mar- exhibit the authority by whom and which John shal. Showed me the wcarrazt issued by the was held? The elegant and accomplished Mlr. United States Comsl-issioner, Southern District. Jennings, who was hlimself three times as interI read it. That was all thi' authority shown esting an object to view, and who certainly could me, all the paper I saw or heard of. Never have been' seen without placing himself upon heard of power of attorney till after this trial any -very elevated stand-point? No, not he; began.' but Mr. Jacob K. I,owe, the redoubtable deputy William 1ttowcl, Justice of the Peace at Wel- U. S. Marshal of the, Southern District of Ohio, lington.-'William Sciples said the mwrshal:who went:out under the protection of Mr. Patwanted to see me.; Went up. Mar.sahal showed ton, a student from the infected district of Obera paper understood to be a warrant. Had:no lin. This gentle Mr. Patton took the represenglasses with me and could n't read it. Think I tative of the United States of North America saw the word "Columbus " on it. Lowe went patronizingly under his arm, and conducting him out and read it to the crowd, as; I:understo6d. out into that dangerous crowd, read his warrant Said he was gcoing to take the boy to Columbus. for him,' under which alone it was clained to A committee might be appoiinted to go with him. tthat crowd that the negro was held, and then Never heard of power of attorney till in the led him saf'ely back again. Not one wbrd of a course of this trial. Talked with Bennett power: of attorney; not oneglimpse of Jennings, about the warraant. who alone had power to hold the negro a single L. S. Butler, law-student. Stood by Lowe moment under it. I know that Mitchell swears and Patton when the warraint was read. No- that the power of' attorney was shown to Patton ticed there was no seal. No' other papers were and Howk; but I know farther that they both shown or spoken of. Asked some one, supposed' swear positively that they never so amuch as heard to be of'the part y, if there were'any other of a power of attorney until they heard of it papers, and was answered, No. Heard nothing: with amazement first in this Court-Room. The of any power of attorney. warrant alone, which our less favored eyes are Now, Gentlemen, can there be a' particle of not permitted to see, was shown; tihe warrant doubt as to who held that boy on that occa- — for withholding which the Prosecution have sion, or by what autlority -he held him? Did their own, and doubtless good and sufficient reaJeznnings come forward to show his lpow0er of sons, and without seeing which we must probaattorney? Not a word of it. That power of bly live out'the remnant of our days, and die 52. HISTORY OF THE was only shown to them. If there was any,thing John after his escape was at Wellington, on the etYer shown in a Court of Justice under heaven, 13th of September last, and.l that he sent to iti-ias been shown in this Court, and in this case, Kentucky for a witness to identify him; as he Ithat this negro, if arrested at all, was arrested doubtless could not rely on his own knowledge by the warrant, was held by the: warrant, and of him; and now he comes up here to swear to would have been carried off by the warrant, and the negro's identity! And Mitchell swears that by the warrant alone,. And therefore if the law, during the seven days he was at Oberlin, prior as we see it, shall be recognized by his Honor, to the 13th of September, he saw John but these facts will rise to Heaven like adamantine' once, and that was when John chanced to be walls around the devoted defendant, outside of passing his window. Upon such testimony, up which the Prosecution may clamor as idly as did to the time of the capture, does the identity of the worshippers of Moloch around the taberna- the negro, upon the part of the Government dle of the living God. rest. Bear in mind, too, that this Jennings had Gentlemen of the Jury,'whatever may be our been at Oberlin before. Alnl' also that there private views and prejudices, I trust that by existed at that time in that neigllborhood, by this time we have so far put: them aside, that I reason of the overt acts of' these and other parmay now look into your eyes- with that confi- ties, a feverish state of excitement witll referdence which springs always from the universal ence to certain colored persons being clandesand instinctive love of Justice. But suppose- tinely seized and illegally carried -off. Remenmcontrary, as I conceive it, to:all possible'fact ber' that Jennings had'been one of the suspicious suppose that you should find that John was ar- parties; a man who could by no means be hid rested and held by virtue of the power of attor- in any one building in Oberlin; that Mitchell, ney; - then there are a number of points which who pretends to have been a. very intimate naturally range under other-parts of the subject, companion of John's in Kentucky, had been in still to be discussed. the place seven consecutive days; and then tell Has it been shown that the John Price, arrest- me whether, if John had been a fugtLitive, his ined by Jennings or Lowe, is one and the same stincts would not have been awakened to alarm with the John'that escaped from John G. Bacon and had he been the John whilom a chattel of in January, 1856; and that the defendant Bush- this Bacon, he must necessarily have known nell knew he was not only an escaped slave, but Jennings and MAitchell,. and. would certainly that he had escaped from and belonged to this have fled while all the others were excited, he, particular Bacon? For it is not sufficient that who must have had the best means of knowledge, because John; G.. Bacon is a slaveholder, and has was not even alarmed. This goes far to show lost a John, he may send into'Ohio a fishing he could not have been the slave of Bacon. process, and gather up with it any and every Remember too, that John escaped just at that fugitive John, and then whoever shall dare to in- period of liie when youth is imperceptibly glidquire whether he has got his. own or the John of ing into manhood; is gone two years and nine some one'else, shall thereby make himself amen- months, living meanwhile altogether a different able to the penalties of this infamous Slave Act. life-from that in which Mitchell knew him, acJohn escaped. Very singular, indeed, isn't quiring entirely different habits and manners, it? There is some fault either in the law or in and Mitchell after catching one glimpse of him the: theology of the Peculiar Institution. There through good Mllr.:Vack's window - I have no is no doubt but that the whole race was doomed doubt it was perfectly transparent- at once to slavery in Ham; that is not an open question. pounces upon him. l And then his owner comes But somehow it is very strange that the Deity up here and swears that when he left Kentucky who thus doomed this nation did not make it, in at the age of eighteen, he was five feet eight or its feelings and emotions, better adapted to its ten inches hig'h, and wouldcl weigh 165 or 170 condition. Just think of John, careless of the pounds, and'was copper.. colored. At (Oberfiat of his Maker, and still more careless of the lin they arrest a John, who is positively sworn interests of his owner, and the good of this Con- by a number of unimpeachable witnesses, who federacy, lifting his huge, shapeless foot, with'ithits had the best means of knowing, to have been enormous'heel, and. with the best part of the not over five feet five or six inchles tall, weighmuscle of his leg on the wrong side, and driving ing froml 135 to 140 pounds, and so black that it remorselessly through the priceless, precious he shone.! Even Jennings swears the John porcelain of the Union. And all this because, they captured was black. Mr. Clay's laws of contrary to the Act made andl-provided, he was bleachitng out seem to work the other way at smitten with the polar fbver, to which persons Oberlin, whatever they do in Kentucky. If of' his class are so alarmingly subject. And they say the Kentucky boy and the Oberlin then there is the Ohio river, which certainly boy were both Johns, they don't come any ought to be indicted; for so chiilly was its cool- nearer. For the Kentucky boy, was simply ness-toward the, interests of the glorious Union,. John, while the Oberlin boy was John Price. that-it actually fioze over, and the negro walked In. no'solitary point do the descriptions agree. with ilpunity over its icy bosom, toward Ober- Slaves never have more than one name. They hill asthis escapingJolin the John arrested? are all boys till they get to be. uncles. Do we Jennings swears that the first time he'. saw then, Gentlemen of the Jury,,claim too much C) ~~~. I. I ry~~~~~~ OBERLiN-WELLINGTON RESCUE. 53 in claiming thlat the -boy captured at Oberlin by hand towards his revolver; and the knife fell; no:means answers to the description of the boy and, in the language of the itmmortal and everwho' ran away from John G. Bacon in 1856? observing Shakespeare, in that serio-ludicroCertainly, if evidence is-wor-th any ting, it:has comico-tragico farcee of' Measure for Measure, most clearly estabiished'a glaring dsi repancy "the whites of John's eyes turned yellow!" here.. t wasunder such teachings, and so illusttated, But the Government rests strongly on the that John rode into Wellinton; and iS even sayings and doings of John himself, after cap- brought to such proficiency that he is ma'de to ture, to establish his identity.'These rest say, that at some time he even left Oberlin and wholly'on the statements of Jennings and Mitch- started back to Kentucky, and got as far as ell', his so-claimed and newly-found old fi iends, Columbus, when he was arrested and reluctantwho.enforced their assertions of kindly interest ly.forced back to Oberlin! And this wretched with such mild persuasives as five-shooters, Ar- stuff, so forced' from'the very pores -of this kansas toqth-picks, and substantial bracelets, as wretched negro in his extremity, in the grasp, shown by their own testimony. Under such under the pistols and knives of this gang of inspiring influences, and surrotinded with such armed ruffians, is gravely, and solemnly urged genial inducements to kliowledge, it is said that here by the gentlemen who observe the arguhe opened his mouth and spake wonderful ment as proof; and we are tauntingly called things, — of his own fiieewill, of course.- And upon to -disprove it, or it is conclusive upon us..what did the inspired property.say? Why, the And this is to be listened to in a so-called court same things that all such property, similarly situ- of justice, by a jury of freemen, citizens of a ated, always says; or, more accurately, is re- free. State, in the trial of a freeman for his libported as saying. That he is the identical per- erty:! soni sought for, guilty of the escale charged, The only pretence for any of John's sayings truly penitent, tired of freedom, of course, and is, that the y accomlpanied certain acts or things, only anxious once more to behold the kindest of and are given as part of the res gcstce; not:to masters and the most angelic'of mistresses, and prove any fact', but merely as constituting part have himself snugly and comfortably sold into a of a fact, or thing. But that miserable fiction rice swamp, beyond the reach of temptation!: of John's attempt to return, was not even It is scarcely necessary to say, of all such coupled with any act or fact. Whatever John yarns, that the circumstances "-of the speaker may say in the custody of his captors, and unwould utterly invalidate whate ve'he might say, der their catechizing, is in duirance, and would while so situated, with any intelligent jury; and not be proof, even against himself; and one can farther than that, his - sayings, introduceci heie but shudder at the: measureless infamy of offeras they have been, have, of necessity, been ing it for a moment against a third person, who ruled out by his I-onor. Yet they' are still was not even constructively present, and to pressed by the prosecution. But. we are' not whom nobody pretends a whisper of it was ever Teft even to'the plain inference, which would conveyed. sweep away statements made in such durancec. Follow this refreshinig pait of the case a little Mr. Mitchell' himself tells us, that when they farther. At WVellington, after some hours of first met, John denied any acquainttnce cith tuition, John was privately exhibited to a select him!; Positively and pointedly demied:it! ifw; among others Jake Wheeler, byl his offiRather' remarkable, was n't it? If this were' cial position as Postmaster of Rochester, as well the very John wTith whom Mitchell had been so as from principle and instinct, enjoyed' the high intimate for eifghteen years previous to 1856, delectation of converse#with him, since his rewith whom he had worked side by side so mniany generation, by the laying on of the hands of months, and whom he had thus marked so well Marshal Lowe's posse. that after a separation of two yemars and nine Jake very properly indulged in philosophical months, i'during whichl John had undergone speculations, of a naturally moral tenidency, for many and remarkable changes of stature, color, John's benefit, explaining to him that lie had weight, manner, and dress; he instantly recog- not received at the hands of his master training nized him in' a st~iiange place, with no one to more severe than certain wholesome exercises, call his attention to him, anti this through one which even white parents occasionally findit necof the immaculate magnifying windows of the essary to put their chiliiren:throughii':andl it is Russia House. - - to be regretted that Jake's own ediuiation, in John did not know Mitcdhell, and never saw this particular, was so sadly neglected.' him before. Oh, I know he kIn nevw him well But these wonderful admissions of this negro when he arrived. at Wellington.'A duller than boy in durance, prove even more y et. is John would have- profited by such surggestive made, in Mr. Wheeler's owfn elegant phrase, to lessons. Take an instance related by'the "on the whole, ipretty much'give him thl iagraphic Mitchell. When he went up to John, pression that he was willin' to go back;" which in the wagon with Shakespeare, John had a another of the Government's witnesses' explains knife in his hand, which Mitchell ordered' him by repeating what he s-aid on the platform to to give up. John declined. Mitchell's -only the crowd, that "he slupposed'they lad the reply.was' a significant movement: of the: right papers for him, and le would have to go." And 54 HISTORY OF THE thereupon we are treated to a paroxystic paren- sumption of every citizen would be that of the thesis upon.the attachment of slaves to their law in favor of his freedom, and there would be bonds. Why, Gentlemen of the Jury, if ever nothing in his color or his arrival to charge the it should be my lot to have my loved ones defendant with notice that he was a fugitive, or wrenched from me, and carried by their captors to put him upon inquiry cdncerning his status. to a distant land, and my government was not: And he who would charge such notice upon strong enough to wrest them back again, and- I the defendant is bound to prove it. had not wealth enough to buy their freedom; It is in proof here, perhaps, that to one or and in after years some traveller should come two- citizens of Oberlin, privately, John said from the far land where they were held in cap- that he was an escaped slave; but, that that tivity under the hard hand of a tyrant, and came to be a matter of general: conversation should tell me that these my loved ones were and knowledge there is not a particle of proof. sullen and moody and rebellious, I'd thank God On the contrary,;the, proof is indubitable — with my fill heart, for thus I'd know that my there is not; a particle of proof that looks otherown blood still beat with its old pulse of free- wise - that on the early part of the afternoon dom in their quivering veins. But should lie of the day of, the. alleged rescue, on' the hasty say that. they seemed gay and careless and glad gatheriing of: the people, at Oberlin, it was said - sang and made merry, and danced for the throughout lthe crowd that John had been kidmasters, I'd raise my hand to Iim that liveth, napped, the question of his having once been a and swear they: were none of mine! slave not being raised. -And'upon this ilmpres-. But what did the negro say upon the plat-' sion it is abundantly hpioven that the crowd form? He was sent out; after due training, to acted both at Oberlin and,Wellington. And say certain things. W~hat were they, and did so firmly fixed was this conviction in their he say:them. The first query is satisfied by the minds,;tllhat when they got to Wellingfton they answer to the next. What he did say, if he went and swore out a warrant, predicated upon said any thing -which Jennings and. Mitchell the fact that the negro was certainly held in are loth to admit - was, that "they had the illegal custody. And one of the most important papers for him, and he supposed he would hacve witnesses for the Government, Halbert, who to go back." In the presence of his captors anti claims to have been constantly in the crowd, Wheeler, he almost said what they'wanted him both at Oberlin and WVellington, being asked to, but upon the balcony, he could n't do even why lie spoke of John as a " fingitive," said, ". he as well as that. I know that Mr. Wack testifies did n't know " Nothing in the testimony that "he thinks John was just-a-goi'nq to say favors the supposition that John was, or w a he wanted to go baek," when he got " skeered " regarded'by the crowd that rescued him, as a and fled in, but' I question whether even the fugitive. So far from it, every thing we can Government is quite ready to claim to you, learn of his conduct and circumstances goes to Gentlemen, that such supposition on the part of show the contrary.. Mr. Wack is conclusive evidence of John's vol- And now, what -were the;circumstances coluntary state of mind! lateral with and immediately' prior to the arrest And now, on the whole proof, including of John, as bearing oin this question of kinowlJohn's statements upon this point of his identity, edge? I shall say) little here of the means by I claim the balance is with us. A copper-colored which information was conveyed fromh Oberlin fled, an.-ebony black was captured; a youth to Kentucky, of the residence at the former of eighteen, weighing 165 or 1.75 pounds fled, place of certain supposed fugitive slaves; it.is a man' weighing 135o or,140 was taken.; a boy of an unpleasant subject. But I cannot conceive the grenadier height of five feet ei'ght or ten inches how any individual, born'and grown - to say escaped, and one dwarfed to,. five feet five ar- nothing of "bringing up"' - here at the North, rested! Can he be the same?' should have it in his heart tb steal into that lie But there remain other and verr irhportant lnight betray the confidence of a fugitive, be points to be noticed, waiving, for the purpose of prejudiced as we may'of his color and condition. considering them, even the question of John's And as to the condition of this crushed and identity. smitten people, we should never: forget that If he was a fugitive slave, was this fact they are here always against tliheir' own will. known, generally known? So generally known The tribes of Afiica never'migrate. So many at Oberlin that this defendant can be charged of them as are among us.wte stole, and'ironed, with notice of it? If not thus generally known, and forced here, and for this ire:at the' N orth it must appear either that it was brought to his are as responsible as our brethren at the South. notice personally, or to the notice of a crowd Our fathers were one with their fatihers;in this acting with unanimity and in concert, and of sad, sad work. Neither the men of to-day who. which he was a member. hold slaves in Kentucky, nor we' of Ohio, who It is'not' in proof at what time John arrived to-clday lift our voices against. the institution, at.'Oberlin. The. presumption. in. Ohio would founded it, though we are' all' responsible for its be, not that he was a slave, but that: he was a continuance. There may be a difference m free man, so that whether he had resided any tlie responsibility of sanctioning'and perpetuaconsiderable time there or not, the: legal pre- I ting it, and if there be, no words can express OBERLIN-WELLINGTON RESCUE. 55 the greater guilt of him who here, untrammelled Let us look a little more into the detail of by education or prejudice, unfettered by public the facts of John's capture. That he was beopinion, enlightened by the free and prevailing trayed we already know, and in part the means influences of Truth,' chooses to sustain an insti- of his capture. When we are told that a right tution in the presence of which all other crimes of property in man is recognized and guaranlook pallid, stand blanched with horror into the teed at the South, we are bound to presume, in pale semblance of innocence! I can in some the absence of proof, that it is modified and degree understand and allow for the totally held just like other rights of property. And different sentiments of our Southern brethren now, gentlenmen, if one of you owned a horse on this great question. The first objects that that had strayed into Lorain county, would meet the first openingl of their eyes, are wrought yo go to reclaim him wherever you could find and emblazoned forms and images of slavery. him according to law, or would you hire someTo the Southerner his first breath comes thick body to steal him, and in such a way that with its atmosphere and influence. All the you could only be thought to be a common sounds that steal upon his ear are its many-min- horse thief, and in all human probability subgled voices, half joyous, all sad, at once a wail, ject yourself to punishment as such? I-Iow did a chant, a jubilee, and requiem. It is all this Jennings seek to reclaim his principal's around, over and under him, and becomes part property, which for the purposes of arrest is and parcel of his being, and necessary to his considered to be his own? Does he come existence. Wherever he goes, wherever he openly in the power and authority of the instops, lies down or rises up, it is everywhere strument which constitutes him an attorney to with him, in Church and State, with all his reclaim him? No. Or even with the mockery memories of the past, his present surroundings,. of an illegal and useless warrant? No. But and hopes of the future. To him it is as if it he seeks out this little unfortunate Shakespeare always was, and must ever be - a present, per- Boynton, - fbr in my mind, Gentlemen of the manent good. Jury, I cannot conceive of a more melancholy To one of us, every breath, every mouthful sight than that alarmingly precocious little deof food, or shred of clothing thus enjoyed, is a ceiver presents, himselfi the evil genius of this larceny from the sinews, hearts, and souls of a disgusting transaction, so far outrunning total whole race. I can also understand how, in the depravity itself; that, halting behind, it soon half-barbaric profusion and license of Southern strains its eves in vain to see which way "he slavery, these coarse, bloated, bullying, cowardly went." He seeks out this unfortunate boy, arswaggerers, -great, hairy maggots wvarmed into ranges with him to decoy John if possible to his life in the hot, seething carcase of rotten slavery, father's, under the pretence of employmenti — can exist, and the needs for such existences, where the residue of this wretched business for I have seen them among us. But, I repeat it, might with security be accomplished. JenI cannot comprehend how a mass of feculence nings says he informed Shakespeare's father of can exist at the North, in which God can toler- the arrangement. I must hope that Jennings ate life, that outrages human nature. by crawl- lied in this, and that this nameless crime had ing into the human'form, so abject and vile that not the added infamy of paternal sanction. it can prey upon and trade in the misfortunes There is much in what we know of Jennings to of these wretched fugitives from slavery. warrant this hope. Bacon, for instance, swore Take this John; without a father to protect, that it was agreed that if Jennings returned a mother to cherish, a sister to love, or a brother John, he was to be sold, and the proceeds of his to sympathize with him, - a houseless, homeless, body, brains, and blood, honestly and piously wandering vagabond, without money to buy divided between them. Jennings pointedly defriends, eloquence to charm, or beauty to seduce. nies this, aand in so doing unquestionably lies, Black, abject, ignorant, abased; unwashed, un- deliberately, purposely, and unqualifiedly. fed, unclothed; infected with a disease that out- This arrangemrent completed, the Kentuckian laws; a waif by the way-side of human life, returns to his quarters in Oberlin. The next whose presence offended even the eye of char- morning Shakespeare, with a horse and buggy, ity. And yet there was on this earth a being makes an early appearance. The lie agreed so abject that it could steal upon, and warming on, it is found, will not work, for Frank has his brutal soul with the voice of affected kind- got his;throat cut, and John must stay with ness, for the: only purpose of betraying into a him; but in an instant the little genius's fertile captivity so abhorrent, that even John had the brain supplies another device. Jennings in-.courage and energy to flee from it! Oh! this dorses it, doubles the promised hire, and the was a treason so measureless and profound, that unsuspecting negro, trusting implicitly to the the years of God's eternity will be strained to snakish generosity of his "'young massa," acpunish it! cepts the'extraordinary bounty of a ride into And it is an everlasting answer to the charge the country, and thus steps into the snare fitted of fanatical intolerance made against Oberlin, for his feet. Shakespeare directs his horse to that such creatures are permitted to live and a secluded place in the highway, lags, is overbreathe there, and quietly pursue' the only mis- taken, and leaves the wretched, ignorant, helpsion of their existences. less, unarmed, unfriended negro boy, whom he 6:6 HISTORY OF THE was hired to lie to and decoy, tllat he might be dom and power of the Union, cannot so envwaylaid and stolen; in the hands of the mis- force it here. If your slaves flee to Ohio, it is creants who had the courage finally to steal at least worth the while of trying to reclaim him. I aver it was stealing, -the meanness of them by other means. Let their educated and larceny with the ruffian violence of the highway gentlemanly proprietors come and seek them in robber! And think by whom this outrage was as honorable a way as such a mission can be perpetrated. The nation-the administration performed. But don't send your Jennings and in the person of its official performed it. Hail Mitchells with revolvers and knives and manColumbia! What a stride in a nation's glory! acles to rob and steal them away. If slavery Ring down the curtain on every thing great is right, show it to us. If it is taught in the and glorious in the old days! Spike and muz- Bible send us your Doctors of Divinity to exzle'the old cannon that sunk the British breast- pound this gospel to us. WVe believe the Bible works at Yorktown, and the British fleet on practically, every day and all the time. To us Lake Erie! Roll up and lay away the old it is a present revelation for daily use. We banner of freedom, that has flouted over a hun- do not thrust it by, never to be recurred to undred red and rent fields! Ring up the curtain til it is wanted as a barricade to defend some on this new era of fillibustering, reopening of the hideous villany, under which the solid earth slave trade, and stealing negroes at the North! shudders. Let the shout ring through all the sunny A new.test of fidelity to our country has inSouth-" one more nigger catched, and the deed long obtained in political circles not to be Union saved!" here named by me, - but it was never until the We owe no grudge toward our brethren at gentleman's [Judge Bliss] argument yesterday, the South, and least of all towards those of named in a Court"- called of Justice - before. gallant Kentucky, to whom we are bound not If this be the test, the last man in the Union to only by ties of' fraternity, but by an obligation apply it onl our brethren of the South. I need of gratitude which we choose not to forget, for not to stop here to enumerate even a few of the succor nobly given us in the hour of extremest many startling instances on record in which peril. We remember that on Ohio soil there they have boldly risen up as individuals, confought and died Kentucky heroes side by side ventions, communities, legislative bodies, and with our fathers and brothers, all struggling to- judicial tribunals, and whole States, and refused gether in the fervid heat of heroic patriotism to obey edicts of the Federal Government, bein the common cause of our common country, cause they believed them oppressive, or unconwhen we yet had a country worth loving and stitutional. Wlhy, the Democrats would never dcying for. And if to-morrow Kentucky shoutld tolerate a United States Bank, notwithstanding be invaded by a foe, tomorrow 150,000 bayo- the laws of Congress and decisions of the Sunets would go sparkling across the Ohio, borne preme Court of the United States. by arms as brave, and over hearts as true as I have nothing to do with enticing slaves ever faced an invader, and Kentucky should away, nor sympathy with those who do; but if fJel that Ohio was neither forgetful nor un- a figitive comes to me in his flight from slavery, grateful. We remember, too, that Kentucky and is in need of food and clothing and shelter holds the grave of our Clay and the home of and rest and comfort and protection and another. There, too, still lives Crittenden, in means of further flilght, - if he needs any or the effulgence of ripened honors, whom we -all the gentle charities which a Christian man love and clvenerate. But we will not tolerate may render to any human being under any cirthis mode of reclaiming property of any kind, eumstances, so help me the great God in my nor this mode of enforcing any law of Con- extremest need, he shall have them all! [Great gress or otherwise. If the property of a Ken- applause.] tuckian strays into Ohio, let him come openly [The District-Attorney hoped that if these after it, like'an honest man, and claim his own disturbances were repeated; the disturbers boldly. We will not tolerate that mode of would be taken into custody. approach which steals in like a thief, pounces Judge SPALDING wished the gentleman to upon its object of pursuit as upon prey, and consider, before he, urged such a motion, that flees away like a felon. such an order might include members of the It is indeed to me a queer test of patriotism, bar. that a man must not only' swear by the Consti- The DISTRICT-ATTORNEY: " What, sir! do tution, but also by the U. S. Statutes at Large, you mean that you sanction such manifestaStory's Edition! Are we at that point, that no tions?" man can be a good citizen or a patriot, unless Judge SPALDING: " I do, sir." he believes not only in the Union, Star Span- The DISTRICT-ATTORNEY: "Well, sir, you gled Banner, the American Eagle, and Bunker will doubtless have an opportunity to leave with Hill, as we all now here do; but our faith must the rest then." reach every Act of Congress, and every ruling Mr. RIDDLE: "The Court will bear me of the Federal Court. You cannot and shall witness that I have not provoked any disturbnot so enforce this Slave Statute in Ohio. ance, having strictly confined my address to the The united, concentrated, and condensed wis- Court' and the Jury." OBERLIN-WELLINGTON RESCUE. 57 The COURT: "Certainly, sir."] pecially, champions of the negro race, over'and:MNr. RIDDLE resumed. above, or -distinct from the white,: or any oiiher And if then the chivalry should seek out so race. But it is true that at all hazards they unimportant an individual as myself for such will vindicate: man's manhood, and woman's conduct of mine, I can easily be found. If' the womanhood, no matter what complexion the MNarshal of this or any other District were or- all Wise One has stamped upon its outside. dered to arrest me, it would only be necessary And if the abused of the black race seek that for him to leave word at my office or my house, locality, it. is because nowhere else is found a and I should instantly wait on him. Never will community that so practically recognizes the I, or one under my influence, lift a finger against right of the Creator to fashion his creatures as the regular and lawful adclministration of the seems goodl, without making that diversity a laws of my country, think what I may of the pretext to abase them, and this Christian elejustice of the laws themselves. But I say that ment there produces its true result, a moral no Government will long be able to administer and intellectual elevation of this cast-off race, any laws, vwhich is not, guided by those eternal -and a practical, absolute prohibition of the monlaws of Justice which alone support the throne strous mixing of races, so necessarily the fruit of the Almiglty himself. And: all this time of the degradation of the nero. Nor is it true John is in the hands of the Ishmaelites, and on that these people have any connection with any his' way to slavery. I know you are anxious to means or appliances to induce enslaved negroes see the rescuers on his track but pardon a word to escape. They employ no agents, establish or two more. no missions, and furnish no funds for labor in M1lany years ago, while Ohio was in the wil- such enterprises. And the presence of Prof. derness, there went another Pilgrim band into Peck in Kentucky, would be the signal of no the woods of Lorain county, carrying with them servile insurrection - at any. rate among- the the principles, but not the intolerance, of the blacks - and would be followed by no unusual Pilgrim Fathers. Cutting away -the forests, escapades. It is true, liowever, that the fleedraining the swamps, ancl with sweat and toil ing, the hunted, and the oppressed, do there subduing a savage nature to the wants and find all the beautiful charities of benignant wishes of a refined civilization. There in rapid Christianity awaiting them with beckoning process they laid the foundation of a school hands. hroadly on the principles of the Reformation, Situated as Oberlin is, hundreds of miles from the deep throbbings of which, as wrought out in the slave communities, if' a single ray of' her the State, had produced the American Revolu- light, traversing the land offireedom, has reached tion. Dealing in no dead and exfoliated dog- and penetrated the hovels of slavery, lighting mas, the teachings and inculcations of that up an avenue and a hope in the bosom of the school have been fully responsive to the hun- abject bondmen, that which is charged upon her gry and naked needs and wants of our dlay, and as her crime, is her chiefest crown)! of our country. Spite of. early prejudice, mis- Nor is it true that Oberlin - her professors, re)presentation, and a ribald intolerance, the students, and people- are the' disciplined and claims of' Oberlin are finally being recognized armed horde here represented, turning her Coland acknowledged. From her teaching has leces into fortresses against the Government andcl gone fortli an influence for good, and for good laws of the country. The transactions of the alone. From her class-rooms and recitations 13thll of September, and the few days precedhave gone forth strong, pure, earnest souled ing, are an everlasting refutation of' this idle men and women, through all thle ways of life, tale. They show that, unfortunately, they had and a towerinlg up of moral and political senti- no leaders, no soldiers, no arms, no signals, no mnelt i3 already perceptible in the land. rendezvous, so that " when the drum beats at In the fierce s'ruggle through which our the dead of night," an armed host would spring nation is pa:;sing, her professors have stood in in martial array to meet an invading gang of the fmiont, striki:g( with us blow for blow for slave-hunters. free.ldom. -Alreadtl) have we beaten a new win- helln the kidnappers invaded the home of dow into the blind, dark side of our politics, the Wagoners, and the cry of miurder rung out throughl which we catch glimpses of the old Je- on the startled ear of midnight, it created unruslleml of our fathers, and feel the air wafted wonted alarm, but no signal-gun boomed on the to us fiLom the plains of our first pilgrimage. night air. The presence of' these foreign ruf1Walled out firom the heathen of the South by fians, from that night to the capture of' John, a power more relentless than the combined though known, and their mission suspected, horrors of clinate and the barbarism of a thou- failed to suggest any organization, or prompt sand ages, Oberlin has established her missions any imeans whatever for the safety of a single in the older and more teachable barbarous Af- individual. And when on the return of Barrica, where her missionaries have illustrated tholomew and Lyman, in the afternoon of the with their deaths, the lives of nmercy and devo- 13th, a cry that John had been kidnapped, and tion wi h which they enforced their ministry was then being rapidly lhuirried away, was while living. sounded through that peaceful village, it s;truck It is not true that the Oberlin leaders are, es- that quiet populace, all unused to arms, strife, 8 58 - HISTORY OF THE anI turmoil, with surprlise, alarm, and intense And suppose, then, that the testimony of the indilnation, as I trust it would strike the peo- immaculate Bartholomew is not an error. Supple of any free town in the Union. -No lead- pose that- as they all swearpositively theywere ers came forth, no rudiment of an organization not - Peck, Plumb, and Fitch were together on was apparent; but hurryings and runnings to the stoop of Fitch's store, and the defendant and firo, anxious questions, excited answers, came up and asked if "they had got John," hasty consultations, heat, excitement, and univer- and one of them said " yes;" and then he asked sal confusion, all mixed and mingled, prevailed. what was best to be done about it; and one of The outline of all that is now known of that them said, " Go and get'em ready, and we'11 wretched foray,was, in a few moments, known come and tell you," and so he went to "get to the people of Oberlin. That John Price,'em ready;"-what then? Nothing is proved for years a resident there, whom they.:supposed under the sun against any living man. Good - and by the laws of Ohio had a right to sup- heavens! Is it indeed so that there is such a pose -was a freeman, had, by a lying artifice, sacredness in this especial institution of inanbecn decoyed from their midst, surrounded bvy stealing, that vwhen its minions are abroad upon a gang of Southern ruffians, and hurried off. their mission, ai dozen decent men cannot assemAnd to this was added the old stock of feverish ble and talk about the occurrences in their excitemient that had kept the atmosphere in a midst, without every thing they may say bling glimmer since the outrage on the wagoners. noted down and brought into this digTnified And so from their shops, their stores, their Court, to implicate the group as violators of the fields, their recitation-rooms, and their profes- Constitution and traitors to the Government? sors' chairs, they ran together for an instant But is it true that such a conversation wvas consultation, followed by instantaneous action. held? It matters nothing to the case at issue. It was supposed the gang with John would But as a question of fact, and as a test of the await the cars at Wellington, where he must be truthfulness of the Government's witness, is it intercepted, and freed friom the grasp of the true? Bartholomew gives a minute detail' of kidnappers. the group, the circumstances, and the conversaThen how do theey go off? Scramibling into tion. In rapid succession; Prof. Peck, Mir. farm wagons, livery carriages, stages, private: Plumb, and Mr. Fitch come upon the stand, and buggies, on foot, two by two, in companies of swear with the utmost positiveness that no such half a dozen or a dozen, just as each one can. group, conversation, or circumstances ever exNothing that has the semblance of concert of isted; And then the Mayor, Ex-Mayor, and action is apparent. Some go out of curiosity, most prominent merchlantsand business men of some to I' see the fun," and sbme led by the the village testify that they have known Barholiest promptings of a hluman heart "to de- tholomlew from early boyhood, that he was a liver the oppressed and him that bath no help- known thief and acknowleldged liar, and not er." Nothing could be made plainer by evi- one tenth of the people of Oberlin would believe dence than this character of this crowd has been. him under any circumstances, although Waclk But it is said that the defendant was seen and the rest of his set in a way sustain him. conversing with two men in a buggy, and that But I am entirely willing to place my client hlie said-to one of them that he had no business upon the issue made, granting that every word in there without a gun. It is further said that of Bartholomew's testimony is true. he was found making arrangements for a. buggy, NothinIg is more evident than that the deand Was heard to say that he thought he knew fendant was not prominent in the crowd, and where he could get a gun. It does not appear that he Twas one of the last of the first party whgre he wished to go, or for what purpose lie who left Oberlin. There is 1no indication of wished a gun. But concede that he vishled to any rash words or actions. W;hen he left Obergo to Wellington, and wanted a gun to use in lin, no intelligence had yet been received as to rescuinlg John. The question then is, under the whereabouts of the kidnappers. HIe did what impression did the defendant act? Why, not know that they were at WVellington, that according to the testimony, it must have been they did or did not mean to take the cars, or under the impression that John, beinfg a free that they might not pursue their journey in a man, had been unlawfully seized and spirited land carriage, tlhat the negro had not been alaway. For lie was bound to presume him to ready rescued, or ally thing of the sort. HIe be free until lie was iproren to be a slave, and could not thellrefore have set out with any very there is no evidence that any infolrmation ever definite purpose. reached the defendant that would so much as It is conceded on the part of the Government lead him to suppose that Johln was a fugitive. that it is essential to prove that this defendant VWhat then? Why, if John, being a free man, had knowledge of the relation v which John sushacd been thus summarily seized and hurried tained to the incdividuals who had him in custoaway, e had a rlight to rescue himself and had dr, and that, knowiny that they held John in a claib2 on all the good people of Ohio for assist- legal custody, hle, with others, forcibly wrested ance in so doing, he and they using just so much him from such custody. This guilty knowledge force as? and no more than,.was necessary to alone can impart to the. transaction that bad ineffect a rescue. tent without which no crime call exist. So that OBERLIN-WELLINGTON RESCUE. 59 the felonious intent, as we would apply the term and took shelter andi refreshment at the Wadsin speaking of felonies, lurks under that expres- worth House. There had been, it seems, a sion of "knowingly " doing the act which forms large fire the same morning, which had. atthe charge in the indictment. Ordinarily, no tracted a great crowd, its exact size being man can be guilty of a crime who is at the time variously estimated from two hundred to five unconscious of committing it. And if a party, hundred persons. Now the peculiar nature in the pursuit of what is in itself lawful, unin- and extent of the excitement of a large crowd tentionally performs a thing which, if done in- at a fire are perhaps as well known and undertentionally, would amount to a crime; of course, stood in this city. as in most populated refgions. as there was no felonious intent, guilt is totally All the stirring emotions which go to make us wanting. excited humanely, are stimulated, and drawn One thing is a little singular about the man- out to their fullest extent. And if it were not ner of this prosecution. The crime charged a very extraordinary fire, some of the excited here ranks in the statute under the mild name supported their flagging energies at the exof a misdemeanor; but if one might trust to the pense of a possible temperance pledge. And copious and strong language which was made so far as we can judge fiom the testimony, if use of by the gentleman who spoke yesterday we include all who have in any way been folr'tlhe Prosecution, it is something worse than named or referred to, the whole number who afelony, and can be denominated nothing less went from Oberlin to Wellington will fall than heinous, —a crime to be punished without within a score. The crowd was gathered in benefit of clergy, in the popular or legal sense. the forenoon by the fire. Nothing is plainer. Now the people of Oberlin, with whom this And beside the large numbers still in the defendant acted, if at all, are a highly cultivated streets when the parties from Oberlin arrived, people, and have the nicest appreciation of the something like an hundred it is said were in obligations and sanctions of law. Amongthem the Town-I-ouse, attending the little trial,you find the strongest, the extremest respect for there. A gentleman comes into this town-hall law held and incuicated. But if this were for- -so well satisfied that there had been an gotten, it would indeed seem not a little strange infraction of the laws of Ohio, that he goes that these men,.in the commission of a crime, forward and makes oath to such belief: And should not have gone about it in such a way as if he had knowledge of the facts as they have to impart to it at least one of the characteristics been testified to here by Jennings and-Mitchell, which ordinarily mark a crime. Criminals do he certainly was abundantly authorized to not ordinarily choose the broad daylight and the e make such an oath. And it was upon such presence of a thousand witnesses for the com- information, gentlemen, that that crowd acted..mission of a felony. Why, they had thosepar- For at this time there is not the remotest ties besieged there. Every mode and means of particle of evidence that there had been any exit was cut off. Their numbers were an hun- communication between these Southern gentledred to one. And yet what did they do? Ahy men and any part of the crowd outside; this steady the tottering Union while I say it! - old crowd, the crowd that had assembled at the they liberated, without even an attempt at vio- fire, and had had their feelings heated and lence, a KIDNAPPED fellow-citizen!! It excited and overwrought to the last extreme, seems that a cry had been sent up here to Cleve- by witnessing a fearfully destructive fire. There land for assistance. And it almost seems as had been no advertisement at this time of the though the authorities here must have known details of the kidnapping except as they adthat this arrest was a flagitious outrage, and not vertised themselves, and were stated under the execution of a lawfuil process; otherwise I oath by the gentleman who swore out the should have expected that some portion of that warrant for the arrest of the kidnappers. And "thouttsnd," who on some fitting occasion - the crowd arriving from Oberlin bring with which God and all good men conspire to put off' them and find this solitary impression preva-are to springr forth here and be reviewed by lent there, and act upon it. mny military friend, Mr. District-Attorney, Gen- They beleaguer the hotel, so that the' Soiutheral of the Northern District, would have flown ern gentlemen themselves come to be advised to the Succor of' their besieged brethren. Now that the natural consequences of their' conduct if these parties had gathered at Wellington to are impending over them. And now what do rescue the man from competent authoritywhy, they do? Do they attempt to make known to gentlemen, if there had been the least disposi- the crowd that they (the crowd) are laboring tion to commit so grave an offence as to call under a misapprehension, and that the man is forth an animadversion from the judiciary, why lawfully holden? Not a word of it. They did they not wait an hour, and the thing would had taken him with a strong hand, and so they have accomplished itself,' and it would have been meant to -hold him. Not a single effort to impossible for my astute and learned friend to exhibit authority,' remove an impression, or have made out a single case, or the semblance explain a circumstance. These men, not acof a case, even before the Grand Jury. customed to violations of law and to bloodshed, But what did happen? not accustomed to arms, amenable, delicately Mr. Lowe and posse arrived at Wellington amenable to every thing that has the show of 60.:HISTORY OF THE authority, present no uninviting audience for 1 speak.," He did not exactly say he wanted to such a representation of the legal status of the'go back. Said he was in the hands of the officase. So fhr from attempting explanations cers, and might as well go back.'Was interere the crowd was Imore excited, they take rupted bythe crowd. I think he was just going Joh/n, and tinker him up, and,:stuff him with a to say- lie anted to go back, when the crowd story; and put hinm forth to tell that tale to the interrupted him! " crowdc! Instead of this man Lowe beg Jennings says he didn't say any thing.'Mitchpardon, United States Deputy-Marshal Lowe ell says he said one thing; Wood says he said - or Jenanitigs, or Mitchell, or Davis,. or all quite a different thing, and did n't say any thing four of them together, going out and proclaim- else; and then Mr. Waek, who is entitled to ing their legal authority, they take this 11miS- great consideration on several accounts, says he erable John- fill him with a miseiable lie, and didn't exactly say he wanted to go~ back, but shove him forth to tell it.. How sublime! the thinks he was just going to s;ay so, and would Chivallry, and the Executive of the -Unitdd have done it if the uncivil crowd ihad n't been States pick up this miserable negro, and make so rude as to interrupt himl' kim their orator! make him their mouth-piece WVho will tell us, then, what John did say, connection between themselves andl this ex- or whether he said any iihtzg? cited and infuriated crowd! And when this Jennings says he himself was out there, but scheme fails they all creep up' into the little WVack swears positively that he didn't'see -im squat room away in the garret, andl tie a rope there. Now, gentlemen, could Jennings have to the latch - since the door unfortunately been on that stoop, and not be seen! [Much opens out-and the redoubtable General Jon- laughter.] Why, you could see him all the nincgs, takes hold of the rope's end, and getting way to Pike's Peak! and if WVack says he round into a corner where he may be reason- dlid n't see him,, that is certainly conclusive that ably safe in case a deadly attack- is made — he was not there. holds on! This remarkable disagreement of the GovOh, that boy could'tell just exactly such a ernment's leading witnesses on! so imp'ortant a kind of story as they' wanted him to tell, when point, is worthy'of serious consideration; and alone with gentlemen' occupying that "high it would indeed be well for the prosecution if Southern ground," which always means the there were not many other equally gravqe diflatitude of tlie revolver and'" tooth-pick." But ferences between their witnesses. The witness, when he came to be an oracle to the crowd, Jake WVheeler, diffiers from others in several standing almost as near to it as to his kidnap- very important particulars. pers, the stimulus was not strong enough, and This transaction must have been near the he made an utter failure; and the only thing time when the train was expected from Clevethey offer the justly excited crowd is this utter land. And what next? About this time they failure of John's to repeat, as bidden, that mis- sent for the magistrates and lawyer. For it erable, trumped up, 13-ing tale.: would really seem that this was the first time Let me call your attention now, Gentlemen, that any honorable effort was made to give any to what did transpire on that marvellous plat- information or to make any impression on the forll -beside whllich all the platforms that I crowd. Lowe, afraid to face that justly incensed have yet been so fortunate asto learn something and outraged crowd, upon whom he, had tried of are thrown far into the shade. First, let us to play off' that miserable lie, took some, whom hear Jenn'ing/s s he supposed to be- influential men, into a private "John went out on to the platform. Con- room, and tried to pursuacle them to interfere cluded to let him go out. I went out with him.'br him with the excited throng outside. It is Two or three rifles were put up to the nicgger, said that when you show a combination on the:and shleeredl him, and he went back, and did n't part of any nulmber of individuals - so say the say what he was going to." rules - whatever is shown to be the words or e "John was talen'out on to acts of any one of the party, is chargeable upon the' platfbrin, and said to the crowd that his all. But it is altogether essential to show first master' had sent for him, and he was going that there is a combination; the very o9pposite of home. They had got papers for him, and were which -if the entire evidence may be trusted going to take him home."' - was true in the case of this collection. The ilr.'Vootd. "W Ahen John was first brouglit entire crowd, with the' exception of a very unout on to the platform, the Southerners' said if' important minority, was: called together solely anybody wanted to ask John if he -Wanted to by thefire; and, the minority excepted, hurriedgo home, they might.' I asked him if he wanted ly gathered in from all' quarters, strangers to to go back. He answered that tlhey had got each other, moved only by spontaneous sympapapers for him, and he supposed he would have thy with the kidnapped or the kidnappers, as to go. Don't know as he said any thing more." their hearts or politics dictated, without so much 31r- e'/c.. "Davis brought John out on to as speakinrg together, each with his' individual the platform. Did not see Jenni#ngs there. purposes,' Views, and opinions, all agreeing to Davis said' he had brought the boy out to tell differ, perhaps, but a.reeing in nothing else. his own story for himself. John began to The proof is, there were no leaders or followers, OBERLIN-WELLINGTON RESCUE. 61 no organization, concert, or combination. And can get within seeing or hearing distance, and certainly it does not follow that because a man while this ridiculous little side show is going on, happens to be in SUCH a crowd, that he is charge- the mass of the crowd, who know nothing of it, able with all the acts of all the people who con- and act under their first knowledge and bestitute it. Until you prove the combination, lief, make a rush upon the beleaguered castle, each man is responsible for just what he him- take it by storm, and carry the:boy off. And self actually says and does, and by. no possibility as an everlasting commentary upon that, whole for any thing more. That is the rule; for it is proceeding, and as showing its falsity and bad the only rule which could work any thing else fhith, the Government now repudiate Lowe, his than the extremest confusion, mischief, and in- warrant and authorit,,- say that was all a justice. But what does Lowe do? Why, he sham, and John was actually holden by Jenshows his warrant to somne of these principal nings, under his power of attorney, all the time! men, not one of whom is charged with, or Now it is altogether too late to talk about notice could be charged with, having any thing what- after this, to the: defendant or anybody else. ever to do with the taking away of the negro! The defendant Bushnell, during all this times Mlark it well. Lowce, not Jennings, comes for- is not there. He has learned nothing, seen ward to meet the men sent for by the party. nothing, heard nothing of any. show of authorHe takes them into a room alone, away from ity, not even of the warrant. And the crowd Jennings and the rest. He tells them solemnly is not one acting in concert, combination, or with that he is the U. S. Marshal, and that he, being so any common understanding, however vau c. august an offlcer, holds this negro boy in his cus- WTHERE, TIIEN, IS TI-IE PIOOF that he tody, by virtue of a warra.nt issued by a United "KNOWINGLY," - knowing that John was a States Commissioner, at Columbus, which he slave; the slave of John G. Bacon, of Mason then condescends to exhibit for the first time for County, Kentucky; that he was -lawfully artheir inspection. They read it carefully, note rested by Anderson. Jennings, the legally conthe lack of a seal, express no opinion upon the stituted agent of John G. Bacon, and lawfully merits of the case, and go down. The crowd, held by said Jennings under and by virtue of a eager for information, ask what they have legally executed power of attorney, - and havlerarned, and are truthfully told: that a man ing such knowledge, "FEILONIOUSLY" assisted calling himself i. S. Marshal Lowe, of Colum- in rescuing said John from such legal custody, bus, claims to liold the negro in his custody by " contrary to the peace and dignity of the United virtue of a warrant shown them, which pur- States of America " ports to have been made and issued by a U. S. Of ALL such guilty knowledge, without Commlissioner, at Columbus, before whom the which, Gentlemen of the Jury, his Honor will boy, when returned by the Marshal, is to be charge you there can be no crime in the eyes tried. This warrant has no seal, which the of the law, there is the most utter and absolute lavwyer speaks of as a remarkable circumstance, lack of proof: And it is further worthy of your and says he cannot tell whether, on such war- especial notice, that not only does it appear rants, a seal is necessary. Not one of these men that there was no sort of concert in the action indorses' the papers as sufficient. Not more than of this crowd as a whole, but that this defendone claims to have seen a power of attorney, ant is not known to have acted in concert with and he did not iread it. The WARlRANT was any single individual. And.yet the Prosecuput forward in EVERY CASE, as the paper under tion claim to you that he can be held chargeand by virtue of which the boy is held by this able with notice served in a private room in the U. S. Marshal. A 5warrant which the Prosecu- third story of a building which he bdid not enter, tion knew so well was utterly worthless that upon persons who had no sort of connection they dare not produce, and have not mentioned with the Rescue, of a valrrant which the Prosein this whlole trial; but come and try by the cution dare not name in this Court, by an offi6oaths of these'two.scavengers of slavery, to cer whom they dare no sooner name, and that overswear and impeach these dozen intelligent, such notice,. so charged, makes this defendant educated, and utterly disinterested free citizens guilty of the crime alleged in the indictment, of Ohio, who had notlingto0 do with the alleged to wit, the knowing and felonious rescue of rescue, and were in the crowd olrly to make'this boy John from the legal custody of Anderpeace if possible between the kidnappers and son Jennings! And that, too, when they now the justly excited populace, and who swear to declare that John was not holden by that warthe facts as they exist. But Lowe finally comes rant at all! down, under the protection of Mr. Patton and Can you, then, Gentlemen of the Jury, lookConstable Meacham. Does he go out like a ing( through this case as we have reviewed it, man upon the balcony where John stood, and by the indulgence of the Court, and with your frankly stand there, where all could see if they remarkably kind attention, find that any John, could not all hear lim? Of course not. But the property of John (G. Bacon, was any more lie sneaks out of the back door, seeks a retired than one sixth his property? Is there proof plaice, draws out a warrant which he cannot that he escaped, - that the power of attorney read; and must get his Oberlin protector to read was properly executed,- that the boy who left for him, to the small portion of the people who Kentucky at eighteen years of age, five feet 62' HISTORY OF TIHE eight or ten inches high, weighing 160 to 1 75 |more, for it will pronounce not only upon his pounds, and of a copper colored complexion, guilt, but upon your verdict, upon you also, and was the boy arrested at Oberlin nearly three forever hold you to account for that verdict, if years afterward, five feet five inches high or it be not in accordance with the facts. less, weighing 135 or 140 pounds, and so black Standing here in this presence and upon these as to shine, - that he was arrested by Ander- great elements of right, I may say to you, as a son Jennings in person, or by his posse in his'man speaking to men who are capable of rising immediate presence, -that U. S. Deputy Mar- to the serene atmosphere of truth a'nd justice, shal Lowe set up no claim to official'authority that under the inequitable burden of this law or conduct, acting only as the humble servant there is no oversweepling evidence that binds of the overshadowing Jennings, - that the upon you the inexorable necessity of subjecting crowd at Wellington was a crowd gathered by this defendant to its weight. XI fix it upon your mutual understanding and previous agreement understanding - I write it on your hearts I or subsequent assent, acting in concert and sear it on your consciences —that the Goverenobeying leaders, -and that after due and suffi- ment has failed to meet the wicked exactions cient notice upon this concerted cr6wd, or else of its wicked statute; and you may, you must, upon this defendant personally, that Anderson with your free breath syllabling your verdict, Jennings, the legally constituted attorney of give relief to the tortured anxiety with which a John G. Bacon, had lawfully arrested and was i whole people, with repressed breathing, look to then lawfully holding the veritable negro boy the final result. John named in his power of attorney,:- this And should that result be averse to justice, I defendant, in defiance of the laws, the peace, admonish you that such a verdict on such eviand the dignity of the United' States, helped to dence will sow the whole North with Dragyon's rescue the said negro boy John, from the cus- teeth - let him reap who mays tody of the said Anclerson Jennings'? It seems The tribunes of the people will go'forth to to me, Gentlemen, that to so plain a question mould and direct the impressible emotion into you cannot lbe long in returning the only an- action. You shall hear their voices ring out swer consistent with your oaths, or, as I doubt not, your wvishes. " IHo, watchman on the tower! what of the time!"; I know well that there are other questions' And the answerconnected with this case, such as are ever springing from that most perplexing fountain of " Stern silent men are wheeling into line, difficulties, which, innore as we will, is forever Firm paced and slow a herrid' front tley form, ~~~press~i~~no ~ ~~i~tself u' uStill as the breeze, yet dreadful as the storm, pressing itself upon our attention. But, Gen- Low miurmurin sounds along their banners fly, tlemen, nothing could be more unnecessary than' Freedom or death the watchword and reply." for me to remind you that with such questions you have nothing whatever to do; and last of Oh! I know this.thing is here held as law. all would we be to press them upon your atten- That the decision of this Court is to add another tion. The right or the wrong of Human Slav- scale to that great scab, that deforms and dery -" Sumni of all Villanies" though it be - the bauches American jurisprudence - that must constitutionality or the unconstitutionality of remain till the increasing vitality of the body the Fugitive Slave Act, upon which the indict- politic shall reclaim our jurisprudence to purity ment before you is based, - and, last and least and justice. But it shall never be recognized of all, political differences or personal or local and accepted by our people as law -never! prejudices, form no part of the testimony intro- never!! duced in your hearing by either the Prosecution Your fetters may bind our limbs, and your or the Defence. You have been here to listen prisons may hold our bodies, for a day. You, to testimony; the Court will give you the law; may lay your judicial fingrers on our pulses and and with nothing else have you to do, whatever command them to cease beating, - you may expectations the Government may have of you. aittempt to roll the red tide back on the heart Anl, in I-leaven's name' I ask you, Gentle- and adcjudge it to stand still, - but it will throb, men, is it Sot enough that free citizens of Ohio and beat, and bound on. Your manacles and must turn baying dogs at the bidding of South- dungeons can never still it. Prison it in the ern despots, or be lashed by the Federal Gov- centre of the rock-ribbed earth, and it-wvill beat ernment for tardy slaves - that this unutterably on -the huge miuntains cannot crush it - the' loathsome, unconstitutional, and wicked Act of deep sea cannot quench it- theI everlasting 1850 must be obeyed-?. Are men to suffer the fires cannot consume it, but, gathering its acinfamy of its pains and penalties, on unsatisfac- cumulated energies, the solid earth shall be tory proofs, and merely so that the present pow- driven asunder, that God may be vindicated in ers can say to their keepers, we lhave enforced man! the statute? If you find this defendant Guilty, I have sunk the lawyer, - I have sunk the it will be upon such grounds only. The: testi- advocate, that I might stand before you in my mony has gone to the great outside thinking, unsullied manhood, and appeal to you as men. reflecting and judgning world, and that world is I have forgotten party prejudices, that I no less this manl's iury than are you; and it is mighltt remember and remind you of' issues in OBERLIN-WELLINGTON RESCUE. 63 volving the common rights, franchises, and that no one could read their penalties, and then liberties of us all, as citizens of a great free taught their import by summary vengeance State. upon every unconscious transgressor. I have sunk the individual interests of the I read from Section 9 of the Act of SeptemDefendant, that I might appeal to you to pro- ber 18th, 1850. tect the interest of all living things, and vindi- "Any person who shall knowingly and willcate the dignity and sovereignty of our glorious ingly obstruct, hinder, or prevent such claimant, commonwealth, - all these are here embodied his agent or attorney, or any person or persons in the person of this Defendant. And if this lawfiilly assisting him, her, or them firom arrestappeal is heard in vain, let the consequences fall ing such fugitive from service or labor, either where they belong. with or without process as aforesaid, or shall [The argument of MR. RIDDLE began in the rescue, or attempt to rescue, such fugitive from latter. part of the afternoon of the Seventh Day, service or labor, from the custody of such claimand continued till near the close of the Eighth. ant, his or her agent or attorney, or other perJudge SPALDING occupied the remainder of son or persons lawfully assisting as afbresaid, the Eighth and the morning of the Ninth.] when so arrested, pursuant to the authority. Mr. RID)LE was followed by his senior as- herein given and declared; or shall aid, abet, sociate, lHon. RUFUS P. SPALI)DI,, who or assist such person, so owing service or labor said:- asaforesaid,. directly or indirectly, to escape from such claimant, his agent or attorney, or May it please your Honor:- other person or persons legally authorized as It is now something near forty years since I aforesaid; or shall harbor or conceal such fugitook upon myself, on my entrance into my pro- tive so as to prevent the discovery or arrest of fessional career, a solemn obligation to support such person, after notice or knowledge of the the Constitution of the United States. fact that such person was a ftiugitive firom service Since then, often, and under imposing cir- or labor as aforesaid, shall, for either of said cumstances, that oath has been renewed. And offences, be subject to a fine not exceeding one never, to my kniowledge, have I departed one thousand dollars, and ilmprisonment not exceedjot or one tittle from the responsibility thus ing six months, by indictment and conviction gravely assumed. before the District Court," etc. But I took upon myself this obligation, as I have read the acts of Congress attentively, the once popular President, Andrew Jackson, to find out- what "imlprisonment"t" meant. I said he did, promising to support the Constitu- was informed by the Executive of our own tion, indeed, but always reserving the right to State that it meant the penitentiary. a" Notso," interpret it for myself. And when President said I. But, on recurring to the Statutes, I Jackson was appealed to for executive aid in a found that all the offences against the postcontest between the highest Federal Court in office and treasury, even the most flagrant, the nation, and the Supreme Court of a State, are thus worded, and the District-Attorney has he answered promptly and like a true man, " I informed me, this morning, that it lies:in the have sworn to support the Constitution of the breast of the presiding officer of this Court, on United States, but not according to its interpre- the verdict of the Jury, to decide whether the tation by the Federal Court, and in this in- punishmentshall be imprisonment in the county stance believing the State Court to be right jail, or in "the penitentiary." and the Federal Court to be wrong, the power Sir, I feel deeply the responsibility which committed to me shall be used in behalf of the rests upon me on this occasion,. and I feel as State Court and the right, though it be against sensibly my own weakness. I would that I had the Federal Court and its wrong." power to bring to the vindication of the true If Andrew Jackson had done nothinff else to History of the Constitution of the United States, insure his fame, so noble and patriotic a decla- more ability than I possess. I would rescue it ration would render his name illustrious so long from the infamy cast upon it by the prosecution as our country's history shall be read. in this case. And now, sir, before I enter upon I stand here to-day as the advocate of a fel- the argument which lies before me, I wish to low-citizen who is in danger of losing his lib- be indulged in a remark personal to myself. I erty; - and for what? have plead in all the Courts of our country, but For obeying the injunction of Jesus Christ! nowhere do I feel so fully at home as in this Nothing else. hall. Here I constantly associate with fiiends "Whatsoever ye would men should do unto and acquaintances whom I love and respect. you," etc. And here, I mean always to guard against And now, forsooth, under the genial laws of "words and acts" that may seem disrespectful this Republic, he stands in fear of the peniteii- to the Court, or unkind to my brethren of the tiary. Aye, I say the penitentiary, sir, for it is bar. But, sir, when 1 say this, I must say also, not the least of the odious features of this out- that my temperament is a mercurial one, and I rareous law, that its provisions are so worded see before me a train of argument, the only one that they are no better than the laws of that to be pursued in this case productive of exciteRoman Emperor who hung his edicts so high ment in an unusual degree. I commend my 64 - HISTORY'OF THE self, sir, to your kind indulgence, trusting that son, the Father of Democracy, spealking with you will do me the justice to believe, that I reference to an apprehended insurrection of shall willingly be guilty of no discourtesy or the slaves at the South, said: "Indeed I tremrudeness. Whatever may seem to be undue ble for my country when I reflect that God is warmth will, I hope, be overlooked for the sake just, and that his justice cannot sleep for ever. of the great principles to be discussed, and their The Almighty has no attribute which can take practical application to the most sacred rights of sides with us in such a contest." the traverser at the bar. For it is my first duty Gentlemen of the Jury, Judge Bliss may to defend those rights by the discussion of such scout the Higher Law, Judge Belden may principles to the best of my ability, faithfully scout the Higher Law; but we shall not one of and fuilly,, be the consequences to others what us be the less presumptuous if' we dare to say they may., that any human enactments can overthrow the Divine and Higher Law. Is there a creature Gentlemen of the Jury:- of the Almighty in existence who dare say to I hear it intimated that every individual who Him, who spins the world like a top on its inspeaks against this indictment or' approvingly tangible pivot, that our law is higher than His? of the acts charged in this indictment; every Although I am not so vain as to imagine that counsellor who is called to the defence of the: I can, in this Court, procure a reversal of those accused, must belong to some other party than decisions which have been made in other Fedeto the old Democratic party, because none other ral Courts of this Union, I hold it to be none is friendly to the'Federal Government! But, the less my duty to argue with the same accuGentlemen of the Jury, I know a part of your. racy, fidelity, and fulness the questions innumber well enough to know that you cannot volved, as though a sound argulllent would cerfor a moment favor such- a proposition. Why, tainly influence the Court in cominf to a corGentlemen, we are here assembled in the city of rect decision. " Agfitate! agitate! AGITATE!" Cleveland, a city of sixty- thousand souls, the is my motto, and my duty always, until the pride of' the Western Reserve, where, by thirty occasion for agitation is removod. The ingenthousand majority, the electors have- declared ious ffentleman who opened onTShe part of the themselves opposed to-the present administration Prosecution took occasion to read at length of the Federal Government.' -Are these men fiom the opinion of MIr. Justice McLean, the of the Western Reserve all traitors.? I, my- claim of a compact in the Constitution to preself, for more years than the I)istrict-Attorney serve the rights of slave-holders. I take issue can boast of'having lived, was a Democrat, and with the learned Judge on this point. He is I am still a Democrat after the fashion of Thom- not the only learned man who has taken this as Jefferson. But I cannot do homague to the view, in order to bolster up the legislation of Moloch of Slavery by yielding obedience to this Congress upon this subject. But I have an infamous Fugitive Slave Law. abundance of documentary history in my posWXe are told with especial and significant em- session to prove the very contrary; that the phasis that this defendant is from- the town of Constitution would never have been adopted at Oberlin, where all fugitives do congregate, and all, if such a recognition of slavery had been where the decrees of the Federal Court are set made. It used to be called "fuqitives from at defiance. Gentlemen of the Jury,: are you to service."; It is now " fugitives from slavery." convict Simeon Bushnell because he comes fromn The Convention that framed the Constitution the town of Oberlin, where peculiar views are would not allow the word " slave " to be placed held on moral and political points; granting anywhere in that instrument, for any considerathat these views aore peculiar, which I shall tion. And now we bring our school children presently show they by no means are'? into court, that they may bear District-AttorYou are told that you must not deal in neys of the United States read indictments abstractions. What are abstractions? against free citizens of the State, for aiding the The doctrine of thie Higher Law is said to be escape of " SLAVErS." But, having some little one - which is even at this moment met by the knowledge of human nature, and understandgentleman who represents the Federal Govern- ing what moves the wills at Washington, I moent with a smile of derision, such as is often know perfectly well how offices and honors are coupled with a flippant mention of the phrase dispensed; I know, very well, sir, that no man by pot-house politicians. Let me illustrate the could obtain your place on the judgment seat, abstract nature' of the Higher Law dogma a who was not known to be ready to send back a little. When - Napoleon the Great was about fugitive slave at the bidding of his master. - I to enter upon his Russian Campaign, his uncle, know that the same is true. of the office of the the Cardinal Fesch, tried to persuade him to District-Attorney.:- And so of all the other desist, saying, "' Man proposes, but God dis- offices of this Court, to the very lowest. But I poses," Napoleon blasphemously replied, "Yes cannot forget that my friend, the District-Attor-but I propose, and I dispose!" He archeld ney here, has prepared himself for his ilace in to the battle-field, and in a very few months a very short time; for it is only a few years was seen fleeing for his life, dethroned, dis- since he pressed himself upon my notice as a graced, and worse than dead. Thomas Jeffer- candidate fobr the Governorship of Ohio, on the OBERLIN-WELLINGTON RESCUE. 65 express ground that he was a thorough-going Gentleien of'the Jury, have you ever heard an2ti-slavery man, and as evidence.thereof he stronger deniuniations of the Fugitive Slave declared that he voted for Martin Van Buren Law from Oberlin? Unless you have, you inl 1848! But he was far ahead of me -at' that will immediately divest yourselves of any pretine, for I then adhered to the ranks of the' judice against Oberlin, or against this def;endold Democracy, and voted for Lewis Cass! ant, because he comes from Oberlin, that may [Laughter.] To illustrate still farther the tfact ha-e been engendered in your minds. In tliat the people of Oberlin hold by no means Oberlin they don't believe in the Fugitive peculiar views of the'infamous Act of'September Slave Law; but neither do the best eitizens of 1S, 1850, I will read, with the permission of the Cleveland, nor have they from the first cay of Court, from a slip which I hold in my hands,- its passage. I have not read thhe foregoing resthe proceedings of a meeting of the leadingi citi- olutions for the' purpose of deriding themz. I zens of Cleveland, composed of men of'; all am with them heart and hand, in every senpolitical creeds; and held, as'it will be seen, tence, word,: and' letter. I hold the Fugitive directly after, that unfortunate enactment was Slave Law to be" unconstitutional. I believe passed.;' that Congress liad no right to legislate upon " On the 11th day of October, 1850, a large this subject at all' meeting of the most respectable citizens- of'The odious act which I shall now proceed to Cleveland was called to express their senti- read and consider as a lawyer, reads, the first mlents upon the passage of the Fugitive Slave part of it, as follows. Briyhtly's Digest, 291. Law of September 18th preceding. The meet- "~ 1. When a person held to labor in any ing was' held in Empire IIall. John A. Foot of the. United States, or in either of the Terriwas appointed Chairman, and M. C. Younglove tories on the north-west or south of the river and I-. C. Brayton, Secretaries. A committee Ohio, lrader the laios'thereof, shall escape into was appointed to present Ilesolutiolns upon the any other of' the said- States or Territories, the subject, composed as follows: — person to whom such lab6r or service may be "Joel Tiffany, Reuben Hitchcock, HTI. V. due, his agent or attorney, is hereby empowered YVILLSON, O. H. Knapp, and G. A. Benedict; to seize or arrest such fugitive from labor, and which conummittee reported as follows: - to take'him: or her before any Judge of the' I. Resolved, That the passage of the Fugi- Circuit or District Courts of the United States, tive Law was an act unauthorized by the con- residingr or being( within the State, or before stitution, hostile to' every principle of justice any mnagistrate of a county,' city, or town corand humanity, -a;nd, if persevered in, fatal to porate, wherein- such'seizure or arrest shall be I-uman Freedom.:' made, and upon proof to: the satisfaction of:" 2. Resolved, That tat law strikes down such judge or magistrate, either by oral testisome of the dearest principles upon which our mony or affidavit: take'n before and certified by fathers predicated theib right to assert' and a magistrate of any such State or Territory, maintain'their independerice, and is charac- that the person so seized or arrested doth, terizedl by the most' tyrannical exercise of under the laws of the State or Territory from power; and that it'cannot be sustained without which he or she fled, owe service or labor to repudiating the doctrines of the Declaration the person claiming him or her, it shall be the of Independence,' and the principles upon iduty of such judge or magistrate to give a cerwhich all free governlments rest.'tificate thereof to such claimant, his agent or " 3. Resolved, That tyranny consists in the attorney, which shall be sufficient warrant" for wilfflly violating by those in power'or man's remo'ving the said fugitive from. labor to the natural right to personal security, personal lib- State or Teri'itory from'which he or she fled."erty, and private property; and it matters not The eighth section of'this statute, as fouiic whether the act is exercised:by one man or a rail- in Brightly's Diest; is inseirted as an amendlion ofmen, it is equally unjust, unrighteous, and ment -to the law of 1 793, p. 296, ~ 8. "When. destructive of the'ends of all just governments. a person held to service or labor in any State "4. Resolved, That regarding some portion i or Territory of the United States has lieretoof the Fugitive Law as'unconstitutional, anid fore, or shall hereafter,' escape into another thle whole of it as oppressive, unjust, and -un- State or Territory of the Unitel States, tlie righteous, we deem it the duty of EVERY GOOD person or persons to whom such service or CI'rIZ-IuN to ldenoounce; oppose and RESIST,:by all labor may be due,' or his, her, or'their agent or proper means, the execution of'said law, and attorney, duly authorized by powver' of attorney we demand its immediate and unconditional in writing, ackniowledged and certified'under repeal, and will not cease to agitate the ques- the seal of some legal officer or court of the tion and use all our powers to secure that'State or Territory in which the same may be' object, until it is accomplished.. executed, may pursue and reclaim such fugitive i"5. Resolve'd, That we recoimmend that a person, either. by procuring a vwarrant from meeting of the citizens of this county be held some one of the courts, judges, or commissioners at Cleveland on the'26th day of October, aforesaid of the.proper circuit, district, or instant; to consider said law, and -take such county, for the'apprehension'of such fugitive action thereon as may be expedient." from service or' labor, or by;'seiing and arrest9 66 HISTORY OF THE ing such fugitive where the same can be done more right to legislate upon this subject than I without process, and by taking or causing such have, as an humble individual.' And under person to be taken forthwith before such court, what plausible- I cannot say substantialjudge, or commissioner, whose duty it shall be pretexts do they claim such a right? Why to hear and determine the case of such claim- first and that which takes most hold on the ant'in a summary manner; and upon satis- hearts of the people -that the Act of 1793 factory proof being made by deposition or was passed by a Congress composed in part of. affidavit in writing, to be taken and certified men who were in the Convention that framed by such court, judge, or commissioner, or by the Constitution of the United States. But other satisfactory testimony. duly taken and what if they were? Thle Supreme Court of the certified by some court, magistrate, justice of United States in the case of Prigy against the peace, or other legal officer authorized to Pennsylvania, declared that these men were all administer an oath and take depositions under ignoramuses, because they gave power to the the laws of the State or. Territory from which State.Courts to interfere, to a certain exteit, in such person owing service or labor may have carrying out the provisions of the Act. And escaped, with a certificate of' such magistracy if George W~ashington and John Adams and a or other authority, as aforesaid, with the seal score of such men might be mistaken as to the of the proper court or officer thereto attached, authority of State officers, might they not just wVhich seal shall be sufficient to establish the as easily be mistaken upon any other equally competency of the proof, and with proof also debatable, point? But, sir, we must never go by affidavit of the identity of the person whose to these men alone who framed the Constitution service or labor is claimed to be due as afore- to learn its meaning. They can only shed light said, that the person arrested does in' fact owe upon it. THIE PE OPLE made the Constitution service or labor to the person or persons claim- by adopting it, and we must take it as they ing him or her, in the State or Territory from adopted it, and ask how they'understood it. It which such ftugitive may-have escaped as afore- cannot be successfully argued here that the said, and that said person escaped; to make people were deceived and defrauded by the inout and deliver to such claimant, his or her genious men who were sent to draft the Constiagent or attorney, a certificatesetting forththe tution. That they, without knowing what they substantial facts as to the, service or labor due did, adopted an instrument supposing it to be from the fugitive to such claimant, and of his or an instrument of freedom, which really conher escape fi;om the State or Territory in which signed them and their posterity to slavery. But such service or labor was due, to the State or his Honor, the associate Justice who presides Territory in which he or she was arrested, on this Circuit of the United States, tells us with authority to such claimant, -his or her that the Constitution never would. have been agent or attorney, to use such reasonable force adopted without this Fugitive clause. I am and restraint as. may be necessary, under the thankful, sir, that I car read the English lancircumstances of the case, to take and remove guage as well as Chief Justice Taney- a little such fugitive person back to the State or better now - and as well as any other Justice Territory whence he or she may have escaped of the Supreme Court. And that is all that is as afoiesaid. ~ In no trial or hearing under this necessary to enable me to understand the hisact shall the testimony of.such alleged fugi- tory of the Constitution - I set out with the tive be admitted in evidence; and the ier- proposition, that this Fugitive servant clause tificates in this and the first [fourth] section never was looked upon as one of the conmpromentioned, shall be conclusive. of the right of nises between the North and the South, never thie person or persons in whose favor granted to was so regarded by the Southern States that remove such fugitive to the State or Territory ratified it, -and never was so regarded anyfrom which he escaped, and shall prevent call where else, until a very modern date. molestation of such person or persons by any [Judge BELDEN remarked that the Massaprocess issued by any court, judge, magistrate, chusetts Supreme Court had rifled with Justice or other person whomsoever." McLean.] Then in the 9th section is the interdiction Yes, and I know that Chancellor Walworth against obstructing arrest, and rescuing the of New York, ruled the opposite, while Mr. fugitive, the most of which I have already read. Justice' Nelson held with the Massachusetts I desire the Court to notice particularly the Bench,; and that these two, men being before the phraseology of these sections, because I shall President as candidates for a vacancy in the comment-upon them hereafter, and I do not like'Supreme Court of the United States, 1Walworth to be obliged to read them again. In the first lost the prize and Nelson obtained it, just by this section of' the act of.1793, the constitutional difference of ruling. So true is it, Mr. Belden, expression "held to service or labor in any that "thrift follows fawtninz." State or Territory under the laws thereof," is I do not stand here to claim that at that day, twice repeated, but in the 8th. section,, passed so soon after the seven years' struggle for freeand approved September 18, 1850, the words dom,:the opinion that' slavery was wrong in a " under tlhe laws thereof," are wholly omitted. free Government, was confined to aly of the My first point, sir, is that Congress had no New England States. On the contrary, much OBERLIN-WELLINGTON RESCUE. 67 to my own regret, I am warranted in saying, "ir. ShERMAN said it was better to let the that, in the Convention, the delegates from Southern States import slaves, than to part with Connecticut contributed more to the conces- them, if they made that'a sine qua non. Ile sions to the Slave Power than did the delegates was opposed to a tax on slaves imported, as maefrom Virginia. ivgy the matter worse, because it inmplied they were In the Madison Papers, Vol., page -, I PROPERTY. He aeknowledged that if the power find that " Mr. SHERMAN disapproved of the of prohibiting the importation should be given slave-trade, yet as the States were now pos- to the General Government, it would be exersessed of the right to import slaves, as the pub- cised. lie thought it would be its duty to exlie good did not require it to be taken' from ercise the power." - ibid., 1396. them, and as it was best to have as few objec- Mr. BALDWIN, in ord6r to restrain and more tions as possible to the proposed scheme of gov- explicitly define " the average duty," moved to eminent, he thought it'best to leave the matter strike out the second part of the words, " averas we find it. Fle observed that the abolition are of the duties laid on imports," and insert of slavery seemed to be going on in the United " common impost on articles not enumeratedl;" States, and that the good sense of the several which was agreed to, nem. con. States would probably by degrees complete it. Mr. SHERMAN was against this second part, He urged on the Convention the necessity of as acknowledging men to be property by taxing despatching its business." them as such under the character of slaves. On the other hand, it was said by Col. MASON: Mr. KING and Mr. LANGDON considered this' This infernal traffic originated in the avarice was the price of' the first part. of British merchants. The British Govern- General PINCKNEY admitted that it was so. ment constantly checked the attempts of Vir- Colonel MAso N. Not to tax will be equi-aginia to put a stop to it. The present question lent to a bounty on the importation of slaves. concerns not the importing States alone, but Mr. GORHAMr thouglht that Mr. SHERlMAN the whole Union. The evil of having slaves should consider the duty, not as implying that was experienced durinr the late war. Had slaves are property, but as a discouragement to slaves been treated as they might have been by the importation of them. the enemy, they would have proved dangerous'Mr. GOUVEiRNEUR MORRIS remarked, that, as instruments in their hands. But their folly the clause now stands, it implies that the: Legdealt by the slaves as it did by the tories. I-le islature imay tax freemen imported. mientioned the dangerous insurrections of the Mr. SHIERMAN, in answer to Mr. GORiAM, slaves in Greece and Sicily -; and the instruc- observed, that the smallness of the duty sho-wed tions given by Cromwell to the Commissioners revenue to be the object, not the discouragement sent to Virginia, to arm the servants and slaves, of the importation. in case other means of obtaining its submission Mir. MADISON thought it wrong to admit in the should fail. Maryland and Virginia, he said, Constitution the idea that there could be property had already prohibited the importation of slaves in men. The reason of duties did not hold, as expressly. North Carolina had done the same slaves are not like merchandise, consumed, etc. in substance. All this would be in vain if -Ibid., 1429, 1430. Sou:h Carolina and Georgia be at liberty to Mr. BUTLER and Mr. PINCKNEY mioved to illport. The Western people are already call- require " fugitive slaves and servants to be deing out for slaves for their new lands; and will livered up like criminals." fill that country with slaves, if they can be got Mr. WrILSOX. This would oblige the Execthrough South Carolina and Georgia. Slavery utive of the State to do it, at the public exdisouLrages arts.and' manufactures. The poor pense. despise labor when performed by slaves. They Mr. SHERMAN saw no more propriety in the prevent the immligration of whites, who really public seizing and surrendering a slave or servant enrich and strengthen a country. They pro- than a horse. duce the most pernicious effect on manners. Mr. BUTLER withdrew his proposition in orEvery master of slaves is born a petty tyrant. der that some particular provision might be They bring the judgment of Heaven on a made, apart from this article.-Ibid., 1447, country. As nations cannot be rewarded or 1448. punished in the next world, they must be in Mr. BUTLER moved to insert after Article this. By an inevitable chain of causes and 15, "If any person bound to service or labor in effects, Providence puniishes national sins by any of the United States, shall escape into national calamities. He lamented that some of another State, he or she. shall not be discharged our Eastern brethren had, from a lust of gain, from such service or labor, in conseqiunce of embarked in this nefarious traffic. As to the any regulation subsisting in the State to which States being in possession of the right to import, they escape, but shall be delivered up to the this was the case with many other rights, now person justly claiming their service or labor," to be properly given up. He: held it essential which was agreed to, ne. con. —lbid., 1456. in every point of view that the General Govern- This was agreed to, nem. con. Now, is there ment should have power to prevent the increase any man within the sound of my voice who can of slavery." —Madison Papers,, pp. 1390, 1391. suppose that such a proposition would have 68 HITSTORY OF THE been thus uianimously agreed to, if those men recognize slavery as a lawful institution. And could have looked forward and seen that such the phrase " legally held" would never do, lest an act as that of Sept. 18, 1850 would be based with apprentices and free laborers, fugitives upon it? 7Never, sir! I say again, sir, that from slavery being reckoned, the infamous inno article which would have authorized the pas- stitution might seem to be ranked with contracts sage of such an Act as this infamous Fugitive for service sanctioned by the TIigher Law, in Slave Law of 1850 could by any possibility strict accordance with which it was desired to have been put through that Convention; and if it frame this new Government. The States in hadc been inserted, before the people would havei Confederation had neither the power nor the adopted it, they would have gone without a right to abolish any institution existing by law Constitution to this day! And this is as com- in a part of the States, and upon no footing of petent to be passed upon by- any man who can equality could a union be effected, unless all understand the English language as if he had existing local institutions were left to the care all the law-learning of Mr. Justice McLean. of the local authorities, and the different States But we do not have the Constitution till we were prevented from interfering with the interhave another amendment. nal policy of each other. To effect this essenArticle 4, Section 2, of the report of the tial condition of the Union, this paragraph was Committee, received on W~ednesday, September adopted. And here we are within three quar12, read:- ters of a century of the adoption of the Con" No person legally held to service or labor in stitution, standing before a Federal tribunal, one State, escaping into another, shall, in can- contending against the Federal Government, sequence of regulations subsisting therein, be that it is necessary to aver in an indictment discharged from such service or labor; but against a free citizen of a State, charged with shall be delivered up, on claim of the party to rescuing a fugitive from service from his capwlhom such service or labor may be due." tors, that the fugitive did owie service or labor in On Saturday, September 15th, Mr. Madison the State from which he is alleged to have fled, says in his diary (p. 1589): under the laws thereof! "Article 4, Section 2 (the third paragraph), So fast, sir, ave we degeneratec; to such the term' legatlly' was struck out,' and the an "administration of'justice" have we already words'under the laws thereof' inserted after come! Is it not time that we halt? Is it not the word' State,' in compliance with the wish important that we ask whether the time will of some who thought the term legal equivocal, not soon be upon us when our own children and favoring the idea that slavery was legal in a shall have the manacles now brought from moral view." Kentucky for African slaves, encircling their So this paragraph, as finally adopted, reads: fair limbs? But we are told that there is no " No person held to service or labor in one danger of mistaking Saxon children for African State under the laws thereof, escaping into slaves. Gentlemen of the Jury, is there one another, shall, in consequence of any law or of you who would not be proud to reckon that regulation therein, be discharged from such flaxen-haired little boy yonder among your service or labor; but shall be delivered up on children? His skin is whiter than the Districtclaim of the party to whom such service or labor Attorney's, and his hair not half so curly! And may be due." yet, less than six months ago that child was set Such, then, is the history of this paragraph free in the Probate Court in this city, having of the Constitution, and no one other has been been brought, a slave, from North Carolina! so thoroughly misrepresented ad misunder- [Marked sensation.] stood, and yet no one article or paragraph in The Congress of the United States has the that or any, other document in the English lan- right to legislate upon such subjects only as are guage should be less liable to misconstruction. expressly assigned to it by the Constitution. In and of itself, the words convey but one But'most certainly the Constitution gives them meaning; and, as if gifted with some dim fore- no power to legislate for the return of fugitive sight of the violence that might be done the slaves, either expressly or by implication. But cpmpact by posterity, the members of the Con- now the Federal Court -mark it, the Federal vention guarded it by the use of the plainest Court — helps Congress to the power, with TIHE language. " Contracts'of service made in one TYRANT'S PLEA -" It is EXPEDIENT to legisState, shall not be declared void by the laws of late. It is necessary for the Slave States, in orqnother State," is what this section says, and der to protect their property, that Congress nothing else, more or less. And nothing can should' legislate; and whether the power was be more remarkable than the care taken that given by the Constitution or not, it is EXPEthe words should be so chosen that they could, DIENT. that it should legislate, and legislate by no violence, be wrested to another meaning. effectually. And if the Free North protests, Every equivocal word or phrase was jealously'its people shall be hung as traitors." This is cut out.. No tax should be "laid on slaves, lest where we stand'to-day, while the whole civilthe Government seem to recognize property in ized world is looking on, and a small part of them. The word " slave" must nRot appear in it regarding us as FREEMEN! the Constitution, lest the Government seem to I say the only intent of the last paragraph OBERLIN-WELLINGTON RESCUE. 69 of Section 2 of Article IV., was to prevent the ventions, as well as in the General Coyivenfree States from passing laws which would ob- tion, so far as slavery was concerned, was the struct the capture of servants, should the mas- stoppage of the foreigfn slave-trade, to which ter follow them, and insist on their return to South Carolina was averse, even after the adopservice. No wider scope can possibly be' given tion of the Constitution. In the Convention to it. And it is fbr this reason that I insist so of South Carolina (I Elliott, 285), Gen. Pinckstrenuously that Congress had no power to leg- ney said' he would make a few observations on islate at all upon this subject. None what- the objections which the gentleman had thrown ever. out on the restrictions that might be laid on the But here, however fully I might admit the African slave-trade after the year 1808. On right of the slave-owner to follow his fleeing this point your delegates had to contend with slave into a free State and seize him, I differ the religious and political prejudices of the from the gentleman widely, when he says that Eastern and Middle States, and with the interthe slave-owner has the: same control over his ested and inconsistent opinion of Virginia, who slave in Ohio that he has in Kentucky. He -was warmly opposed to our importing more has the same privilege to reclaim his negro slaves. I am of the same opinion now that I that he has to reclaim his horse, but he has no was two years ago,.when I used the expressions SLAVE in Ohio, for all that. He must, while the gentleman has quoted'that, while there in Ohio, treat the fugitive as a man. Not so, remained one acre of swampland uncleared of perhaps, in Kentucky. South Carolina, I would raise my voice against -I now proceed to my next proposition, which restricting the importation of negroes. I am as is, that the Act of 1850 is unconstitutional, be- thoroughly convinced as that gentleman is, that cause it provides pains and penalties for free the nature of our climate, and the flat, swanmpy citizens of Ohio, fbor acts concerning which situation of our.country, obliges us to cultivate they are not amenable to the Congress of the our lands with negroes, and that without them Unite-d States. South Carolina would soon be a desert waste. Before the Constitution was formed, the "You have' so frequently heard my sentiments States were. every one of them free and inde- on this subject, that I need not now repeat pendent sovereignties. They fought togetlher, them.. It was alleged by some of the members shoulder to shoulder, through a seven years' who opposed an nllllimited importation, that war, to effect their independence of the domin- slaves increased the weakness of any State who ion of Great Britain. Then each one for itself admitted them; that they were a dangerous was a distinct, independent empire. Each one species of property, which an invading enemy could make peace and war, levy duties upon would easily turn against ourselves and the commerce, make its criminal code, regulate its neighboring States;' and that, as we were aldomestic police, or protect its frontier. Before lowed a representation for them in the House and during the war, the States had entered into of Representatives, our influence in government an alliance for common defence against the en- would be increased in proportion as we were emy. But after the peace it was found that less able to defend ourselves.' Show some pethese articles of Confederation were imperfect. riod,' said the members from the Eastern States, Anid now I wish to call the special attention of''when it miay be in our power to put a stop, if your Honor to the fact, that the Convention we please, to the importation of this weakness, which framed the instrument we now call the and we will endeavor, for you!r convenience, to Constitution of the United States, was called restrain the reliqious and political prejudices of together by the confederate Congress itself, to our people on this subject.' The Middle States do a specific work. And that work was not to and Virginia made us no such proposition; frame a new Government, but to amend the old they were for an immediate and total prohibiarticles of Confederation. For instance, before tion. We endeavored to obviate the objections this Convention was called, there was no pro- that were made in the best manner we could, vision for a revenue for national purposes. It and assigned reasons for our insisting on the was therefore necessary that the foreign com- importation, which there is no occasion to remerce of all the States should be put under the peat, as they must occur to every gentleman in care of Congress, that a revenue mlight be rais- the house; a committee of the States was aped upon it for the support 6f Government. pointed in order to accommodate this matter, There were a number of such important con- and after a great deal of clifficulty it was settled cessions made to the General Government. on the footing recited in the Constitution. But certainly, it was never intended to fiame, "By this settlement we have secured an unmuch less adopt, an instrument as a Constitu- limited importation of negrrroes for twenty years. tion, which should eat up all State independ- Nor is it declared that' the importation shall ence. And there was great sensitiveness on then be stopped; it may be continued. We this point in the State Conventions which rati- have a security that the General Governfled the Constitution, from the proceedings of ment can never emancipate them, for no such some of which I now proceed to read a few ex- authority is granted; and it is admitted on all tracts. 4 Elliott's Debates, 285, I find that the hands that the General Government has no powprincipal topic of discussion in the State Con- ers but what are expressly granted by the Con 70O HISTORY OF THE stitution, and that all rights not.expressed were and by this miserable sham they have obtained reserved by the several States. We have ob- control of every thing that can fall within the tained a right to recover our slaves in whatever cognizance of our State court! It has come to part of America they may take refuge, which is a this, that a State cannot regulate the levy and right we had not before. In short, considering collection of its own taxes, in obedience to its all circumstances, we have made the best terms own constitution, without being liable to a perfor the security of this species of property it was emptory mandate from the -Federal Court at in our power to make. We would have made Washington. There is scarcely any thing more better if we could; but on the whole, I do not of State sovereignty left us than the name, and think them bad." —4 Elliott's Debates,;' 285, the last vestige of judicial power in the States 286. will soon be centred in the United States Now, may it please your Honor, if the states- Supreme Bench. And, sir, it is because of men-of South Carolina would construe the Con- this alarming state of things that I feel bound stitution in the paragraph which we have to to animadvert upon the decisions of the deal with to-day, with the same acum.en with Supreme Court of the United States. For which they would construe other articles, I they have now come to pronounce upon and should be safe, even with them in my reasoning. affect to regulate the private conduct of firee Indeed, one of them, ir. Rhett, has done so in citizens of the States with reference even to the Senate of the United States, and shown this the discharge of high moral duties. I say that act of 1850 to be wholly unconstitutional. But this is a matter which cannot come within, the take the latitudinous construction now contend- province of Congress, and ought not to come ed for in order to convict this man; where is within the jurisdiction of' a Federal court. It the safety of slave property in any State? belongs exclusively to State legislatures and Congress has express power to legislate for the State courts. public welfare. Suppose a majority in Con- But again. The act of 1850 does violence gress should say the public welfare required the to the constitution, for it overrides the writ of abolition of slavery in the States; - may they habeas corpus. The constitution says the writ not pass an act to that effect upon this loose of habeas corpus may be suspended only in assumption of power? And then where go times of rebellion, and of foreign invasion. their rights to their slaves? This argument of But the escape of a negro slave is neither the "expediency" is like the sword of the cheru- one nor the other. Yet the Act of 1850 bin,- it turns every way,-and:I warn the says: — gentlemen against its incautious use. "And the certificates in this and the first In the making of this sacred instrument [fourth] section mentioned, shall be conclusive which was intended to be a " Charter of Free- of the right of the person or persons in whose dom," it was supposed that a perfect system of favor granted, to remove such fugitive to the checks and balances was introduced into the State or Territory from which he escaped(, and Federal Government. But alas! there was a shall prevent all molestation of such person or great mistake made, for it now appears that in persons by ANY process issued by ANY court, constituting a life Judiciary, they followed the judcle, magistrate, or other person whomsoever." example of Great Britain, without securing her In Blightly's Digest, from which I read, a note "balance-wheel." The plea for a life Judiciary upon this latter clause says:was, that the judges must be made independent "State tribunals and officeis cannot, by the of popular favor, or there was no security for. writ of habeas corpus, interfere with the Fedthe rights of the, citizen. But the fact is, that eral authorities when acting upon cases arising our United States Supreme Court has greater under this act. 1 Blatchford, 635, Sims's case, power than any other judicial tribunal on the 7 Cush. 285." face of the globe! A power absolutely unlim- The Attorney-General says it was never inited. It was forgotten that there was a check tended to override the writ of habeas corpus. upon the courts in Great Britain, and that And Judge Nelson, in his famous charge to the check was the Parliament. Every important Grand Jury in New York, contained in the decision of the Queen's Bench is subject to the first of Blatchford's Reports, says, that a Fedrevision of the Upper House of Parliament. eral court may of course issue a writ of habeas And this has been fobund of the utmost conse- corpus; the A ct was intended only to prevent quence. But in our own free country we find the interference of STATE courts! a court which was constituted mainly for the Has it come to this then'? May we no longer purpose of carrying into effect the laws of look to State courts for relief from oppression? Congress regulating the external concerns of When our liberties are endangered, have we the Confederacy, reaching out its Briarean no protection at home?: Has the Federal arms and grasping every subject of jurisdic- Court already all the power? If this is the tion until precious little of State Riohts is left! doctrine, sir, you may just as well tell us Why, they have long ago determined that they frankly, that our State Governments are not have a right to take jurisdiction of cases in worth a rush. State Courts, by the removal of the cause under: I turn again to the debates in the State con"an appeal" in the shape of a writ of error; ventions called to ratify the Constitution. In OBERLIN-WELLINGTON RESCUE. 71 the North. Carolina Convention, the Constitu- ernment which could not be avoided and' a tion being tinder consideration:- union take place. The Federal Convention "Article 4.'The first section and first two went as far as they could. The migration, or clauses of the second section read without ob- importation, etc., is confined to the States now servation.. existing only; newo States cannot claim it. Con"'The last clause being read, gress, by theirn ordinance for erecting new "MR. IREDELL begged leave to explain the States, some time since, declared that the new reason of this clause. In some of the Northern States. shall be republican, and that there shall -States they have emancipated all their slaves. be no,ISlavery ir them. " -- 2 lliott's Debates, 115. If any of our slaves, said he, go there and re- The great Constitutional lawyer, Daniel main there a certain time, they would bythe WVebster — he had his failings, but he was a present laws be entitled to their freedom, so great man, and a great Constitutional expounder that their masters could not-:get them again. - -ir. Webster held,among other positions This would be extremely prejudicial to the in- which he never yielded, and from which he habitants of the Southern States; and to pre- could never. be driven, this one: that, so far as vent it, this clause is inserted in the Constitu- it regarded the provisions in the Constitution tion. Though the word slave is not mentioned, recognizing the existence of slavery at all, they this is the meaning of it. The Northern dele- were intended to' affect the original thirteen gates, owing to to their particular scruples on the States alone. "For," said he, "were slavery subject of slavery, did not choose the word not thus geographically limited,:by and by a slave to be mentioned." - 4. Elliott's Debates, few wealthy slaveholders would have the entire 176. control of the Nation through the -louse of According to the statement of a lNorth Caro-!Representatives." linian, then, before this clause in the Constitu- I read now a remark froii Mr. ALEXANDER tion was adopted, slaves going into the free H-IAuILrTON in the Convention of the State of States would become free. But withthisclause New York. Ile has been extensively known they might pursue and reclaim them. Yet not as one of the great advocates of'the Constitueven here, and nowhere else in the history of tion. Iie was a member of the Convention these times,. can it be found, that the right of which framed the Constitution itself; and also Congress to legislate on the subject, and, above a member of the Convention of the State of all, to make it the duty of Federal officers to New York which ratified it, and throughout the capture and return fugitive slaves, was ac- sessions of the latter autlloritatively expounded knowledged or mentioned. Justice Me Lean the scope and meaning of each of the Articles. based his opinion upon the state of public sen- And it -is to a renlark of his that I wish to call timent in the South, at the time of which we the attention of your Honor, because it supports speak: but even that does not bear him out in me in the position which I have taken, that the his assertions. -. crime with which my client is charged is one ot Gen. HEATH, a member of the Massachu- which the Federal Congress can take no cogsetts Convention, declared, when this Constitu- nizance. I-e says: - tion was under' consideration in that Conven- " It has been.asserted that the interests, habtion: - its,'and manners of the thirteen States are dif"I apprehend that it is not in our power to ferent; and hence it is inferred that no general do any thing for or against those who are in fiee government can suit them. This diversity slavery in the Southern States. No gentleman of habits, etc., has' been a favorite theme with within these walls detests every idea of slaveryl those who are disposed Ior a division of our more than I do: it is generally detestedlby the empire, and, like many -other popular objecpeople of this commonwealth; anld I ardently tions, seems to be founded on fallacy. I achope that the time will soon come when our knowledge that the local interests of the States brethren in the Southern -States will view it as are in some degree various, and that there is we do, and put a stop to it; but to this we have some difference in the manners and habits. But no riiht to compel them. Two questions natu- this I will presume to affirm, that, from New rally arise: if we ratify the Constitution, shall lampshire to Georgia, the people of America we dlo ally thing by our act to hold the blacks in are'as uniform in their interests and manners slavery? or shall we become the partakeis of as those of any established in Europe. This other men's sins? I think neither of them. diversity, to the' eye of a speculatist, may afEach State is sovereign and independent to a ford some markls of characteristic discriminiacertain degree, and the States have a'right, and tion, lbut cannot form an impediment to the they will regulate their own internal affairs as regular operation of those general powers which to themselves appears proper; and shall we re- the Constitution gives to the united government. fuse to eat, or to drink, or to be united with Wvere the -laws of the Union'to new-model the those who do not think or act just as we do? internal police of any State; were they to alter Surely not. We are not, in this case, partakers'or abrogate at a blow the whole of its civil and of other men's sins; for in nothing do we vol- criminal institutions; were they to penetrate the untarily encourage the slavery of our fellow recesses of domestic life, and control in all remen. A restriction is laid on the Federal Gov- spects.the private conduct of individuals, 72 HISTORY OF THE: there might be more force in the objection; and adoption of the paragraph which provides that the same Constitution which was happily calcu- no State shall set at liberty a:fugitive seilated for one State, might sacrifice the welfare vant. of another." — 2 Elliott's Debates, 267, 268. I say, that the sentiment throughout the I read now farther - same book, 401 - States was such that no Constitution would ever from the remarks of Mr. TREPDW:ELL in the have been ratified which was supposed to set same Convention,-that of New. York. He up an uncontrolled despotism in the place of was opposing the adoption of the Constitution, liberty. because of some of the provisions which Time May it please the Court, I know fll well has actually shown to be radical defects. what have been the rulings of.the Federal "In this Constitution, sir, we.have:departed Courts on the subject under consideration, and widely from the principles and political faith of that this is not the time, nor the place, to hope'76, when the spirit of liberty ran.high, and to stem the tide of despotism already moving danger put a curb on ambition. I-ere we find with such alarming volume in our unhappy no security for the rights of individuals, no country; but I hold it to:be none the less lilmy security for the existence of our State Gov-.right and duty to announce nmy own views as ernments; here is no bill of rights, no proper to the constitutionality of' the act under which restriction of power; our lives, our, property, my client is arraigned. and our consciences, are left wholly at- the mer- The language of the Indictment is:cy of the legislature, and the powers of the Ju- "And the Jurors aforesaid do further present diciary macy be extended to any degree short of and find, that Simeon Bushnell, late of the DisAlmighty. Sir, in this Constitution, we have trict aforesaid, together with divers, to wit, 200 not only neglected,- we have done worse, - other persons, to the Jurors aforesaid unknown, we have openly violated our faith, that is, heretofore, to wit, on the first day of October our public faith." in the year of' our Lord one thousand eiglht On the next page he continues: - hundred and fifty-eight, at the District aforesaid, "There is anotller clause in this Constitution, and within the jurisciction of\this Court, with which, though there is no prospect of getting it force and arms, unlawfully,.knowingly, and amlended, I think ought not to be passed'over willingly did rescue the said negro slave called in silence, lest such a silence should be con- John, then and there being pursued and rest-rued into a tacit approbation of it. I mean claimed, seized and arrested, and in the cnsthe clause which restricts the General Govern- tody and control aforesaid, he the said neero ment from putting a stop, for a number of years, slave called John being then and there a fugito a commerce which is a stain to the commerce tive from and held to service aand labor, as of any civilized nation, and has already black- aforesaid [to wit, held to service and labor in cued half the plains of America with a race the State of Kentucky, one of the United of wretches made so by our cruel policy and States, the said John being the property of one avarice, and which appears to me to be already John G. Bacon, of the said State of' Kentucky, repugnant to every principle of humanity, mo- the person to whom such labor. and service rality, religion, and good policy." were then due], from the custody of the said A little further on, page'405, lie.says: - Anderson Jennings, then and there the author"A union wvith our sister States I as ardently izedl-agent of the said John.G. Bacon, as aforedesire as any man, and that upon the most said, and the said Jacob K. Lowe, then and generous principles; but a union under such a there lawfully assisting him, the said Anderson system as this, I think, is not a desirable thing. Jennings, as aforesaid; he the said Simeon The design of a union is safety, but a union Bushnell then and there well knowing that the upon the proposed plan is certain destruction to said negro slave called John was then and liberty. In one sense, indeed, it may bring us there a fugitive person held to service and to a state of safety; for it may reduce us to labor, as aforesaid, and pursued and reclaimed, such a condition that we maybe very sure that seized and arrested, and held in custody, as nothing worse can happen to us, and eonse- aforesaid, to the great damage of the said John quently we shall have nothing to fear. G. Bacon, contrary to the form of the Act of "This, sirl is a dreadful kind of'safety; but I Congress in such case made and provided, and confess it is the only-kind of safety I can see in against the peace and dignity of' the United this union. There are no advantages that can States." possibly arise from a union- which can compen- I insist, may it please your Honor, and with sate for the loss of freedom, nor can any evils great earnestness, upon the exception which be apprehended from a disunion which are as has been already taken to the omission in the much to be dreaded as tyranny." indictment of the averment that the slave owed So much, may it please your Honor, and service in Kentucky." under the laws thereof." you, Gentlemen of the Jury, in vindication of I insist that the averment is necessary and mathe truth of history. I say, therefore, believing terial, and that without it the indictment is bad. myself fully borne out in the affirmation by the And I insist farther, that, a person entitled history of the Constitution, that its adoption to service in the. State of Kentucky " under the did not depend, wholly. or in part, upon the laws thereof," cannot come into the State of OBERLIN;WELLINGTON RESCUE. 73 Ohio for the purpose of reclaiming a fugiti-e. Ohio, because it 1is expressly said that the Wte have an instrument for our government escape must be from one of the " original made anterior to the Constitution of the United States." States or any act of Congress; I allude to the compact made between the States anterior to [Thursday Mlorning.] the fiaming of the Constitution. A very pei'tinent inquiry was made of me by In the Ordinance made for the government the Bench yesterday eveninrg, and one which I of the North-Western Territory, I read as ought to have answered, perhaps, a little more follows: " It is hereby ordained and declared, fully than I did. by the authlority aforesaid, that the follbwing The inquiry was, if I did'not know that the articles shall be considered as articles of com- U: S. Supreme Court had decided that the Conpact between the original States and the stitution did away the force and effect of the people and.States in t'he said territory, and ordinance of 1787? I dol know it, sil', perforever remain unalterable, unless by common fectly well; I know it was decided that the consent, to wit:- Ordinance of 1787 was no protection to a citi"ART. 1. No person, demeaning hlimself, in zen of Ohio when charged with harboring a a peaceable and orderly manner, shall ever be fugitive slave from Kentucly. And I said that molested on account of his mode of worship or though I had great respect for the Supreme religious sentiments in the said territory. Bench, I had no possible respect for such decis"' AtT. 2. The inhabitants of the said terri- ions, for I believed them to be totally wivon g. It tory shall always be entitled to the benefits of is claimed by the andvocates of the Fugitive the writ of habeas corpus, and of the trial by Slave Law that the Constitution should be injutry; of a proportionate representation of the terpreted by the acts of those who lived at the people in the legislature, and of judicial pro- time it was framed and adopted. The first Conceedings according to the course of the common gress that assembled unt.der the Constia!ioz passed law. All persons shall be bailable, unless an, Act ratlifyinq the Ordinance of 1787 as for capital offences, where the proof sh all be strongly as possible. It is found in 1 United evident or the presumption great. All fines States Statutes at Lar.e, 50, and is entitled, shall be moderate, and no cruel or unusual " An Act to -provide for the governiment of' the punishments shall be inflicted. Nqo nAN shall Territory North-west of the river Ohio." The be delprived of his liberty or property, but by the purport of it is clearly set forth in the prejudygienlt of his peers, etc." - amble: - I think there was. no dissenting voice in the " Whereas, in order that thle Ordinance of adoption of this Ordinance, or at most only a the United Stiates in Congress assembled, for single dissenting vote. the government of the Telritory North-west of G' Unless by conmnon consent." Can there the river Ohio m2ay continue to have full effect, be anly doubt of the import of this language? it is requisite that certain provisions should be "' ART. 6. There shall be neither slavery macle, so as to adapt the same to the present nor involuntary servitude in the said territory, Constitution of the United States." otherwise than in the punishment of crimes, And that it may clearly appear that this adwhereof the party shall have been duly con- ditional statute has no bearing other than that victed; provided always, that any person of a recognition of this validity upon the quoescaping into the same from whom labor or tations I have made friom the original Ordinance, service is lawfully claimed iln any one of the I will, with the permission of your Honor, read original States, such fugitive. may be lawfully the entire Act. reclaimed, and conveyed to the person claim- " SECTION 1. Be' i enactled by the Senate ing his or her service as aforesaid. and House of l-'e]resentatie.es of the Unni ed,Satles "Done by the United States,'in Congress of America in Conq/ress asisezbled, That in all assembled, the.13th day of July, in the year of cases in which by the said Ordinance, ally inour Lord 1787, and of their sovereignty and formation is to be given, or communication independence the twelfth. made, by the Governor of the said Territory C- "HARxLES THOMISON, Secretary." to the United States in Conoress asseimbled, or to any of their officers, it shall be the duty of I knowv that the Supreme Court of the the said Governor to give such information and United States has ruled that, notwithstanding to make such communication to the President this 6th article, the fugitive acts of 1793 and of the United States, and the President shill 1850 obtained over the North-Western Terri- nominate, and by and with the advice and contory, but I believe this ruling to be erroneous; sent of the Senate, shall appoint, all officers I do not, consider myself a very learned man, which by the said Ordinance were to have been but I do nlot claim to know much when I say I appointed by' the United States in Congress asam the equal in knowledge of some of those serobled, and all officers so appointed shqll be Justices of the Supreme Court, whom I have commissioned by him; and in all cases where seen upon the bench. I hold, that-there can the United States in Congress assembled, might, be no reclailmirng of fugitive slaves escapingy by the said Ordinance, revoke any commission from the State of Kentucky into the State of or remove from any office, the: President is 10 74 HISTORY OF THE hereby, declared to have the same powers of thought, this making extraordinary provision revocation and removal. for this peculiar species of property. It is said "SEC. 2. And be it further enacted,' That in that the Act of 1793 was passed by a Congress the case of the death, removal, resignation, or that understood the Constitution, inasmuch as necessary absence of the Governor of the said some of its. members were in the Convention Territory, the Secretary thereof shall be, and of 1787, that framed'it. Chief Justice Taney, he is hereby authorized and required to exer- with the concurrence of a majority of his associse all the powers and perform all the duties of ciates, holds that in the Prigg case it did not the Governor, during the vacancy occasioned understand the Constitution, because it gave, by the removal, resignation, or necessary ab- in that act, certain jurisdiction to State and sence of the said Governor.: local officers; and if they could commit a tmis"Approved, August 7, 1789." take on so important a point as that, I do not see With the alterations mentioned in this Act, why they mi:ght not on any other. We cannot the -Ordinance is. left in full force, and these be. boundl by any one error in that act more alterations are made for the sole purpose of than another, thatc does violence to the Consticontinuing it in force, as averred in the pre- tition. And, as a Reverend Doctor of Diamble. -vinity said in the meeting,' the resolutions of Nowv if any singale Judge or body of Judges, which I read here, yesterday, " the Act of 1850 can overrule this Ordinance and put it dolwn, is to the Act of 1793 cs' a dose off m2olten lead and say that all the then Territory North-west to a )izt julep' ": [Laughter.] of' the river Ohio is not to-day covered and.I hlave said, that the Act of 1850 is unconstisheltered by this l gis of Freedom, I beg to tutional, because it does away with the right of know,. sir, what guaranty we have for any of habeas coiulls, and because it interferes with our liberties! the interlnal police regulations of the State; I affirm that the sentiment of the people of and. I now proceed to say that it is also unthe United States, at the time of the adoption constitutional, because it does not guarantee to of the Constitution Was not in favor of slaverly tie person arrested as a fugitive from service, but decidedly opposed to it, and tolerating it tle rig'ht of trial by jury. And why was not only as a temporary evil, which must soon be this guaranty given.? Why did not the Condone away. This has clearly appeared in my gress which' passed that bill of iniquity, give citations, few and hurried as they have been. the ighlt of -trial by jury? It was stoutly and Even the simple paragraph which closes Sec- persistently contended for, but it was put down tion 2, of, Article 4, was not in the draft pre- by the tlranlt's plea, "IT IT-IS NOT EXPEDIENT." sented by Hamilton, nor in that of Randolph, Mr. District-Attorney, you shake your head; nor in that of Pinckney, nor yet in that of b ut Mr. Mason, the ithllr of' that bill, in arguPatterson, of New Jersey; but it was an after- ing this very point in.the. U. S. Senate, said: thought, put in merely to quiet the fears of the " If we commit such cases' to a jury in the Southern States that their slaves might be freed free States, they will inquire into the question by touching Northern soil. How, then, it may whether the person really -owed service or labor, be asked, vere the rights of the Southern and when that inquiry is raised, we're gone, sir! States to be protected? I answer, by simply slaveholders have no loner any protecti.n." forbidding the Northern States to interfere with I was thought to be speakin} lightly when I.them; by. proclaimin( the favorite doctrine of said there were none of us, however obtuse our some modern politicians, the doctrine of' nonz- moral sense might be, but respected irresistibly intervention." And this was all that was- pro- the Hilgher Law. If I change the term, and posed to be done, or' even,desired by the call it God's Law, perhaps it may not sound so Southern S-tates themselves. Then, under the very ridiculous in the ears of the fgentlemen, on Constitution, what redress has a slaveholder i*n the other side. Mr. Jefferson,' though distinone of the original thirteen States,' if his slave gcuished as a statesman, was not'distinguished escapes into a free State? -Why, the same for the depth or fiervor of his religious feelings; that he would have if his horse had thus es- yet in his first message to Congress, he says: caped, or that a citizen of a free State would ";All laws, in order to be respected by the govhave if his horse escaped into a slave State. erned, must be just, -- must be founded on the lIe might pursue, overtake, and seize his horse principles of Eternal Justice." And in speakby the halter wherever he could find him, and ing of the partisan success which elected him, if no one interfered with his leading himl away, he adds:-, well; but if some citizen of that State takes "Althouoh we have triumphed by a signal the halter away fiom'him, l and locks the horse majority, we:must not fobrget that the minority up in his stable, claiming the horse as his, then have rights,.andl we must not pass laws which let him bring an action of replevin or detinue will infringe on.the consciences or the rights of for the chattel, trover or trespass for damage.'that minority." And this is security enough. It was all that It may be said that it is a dangerous doctrine was ever dreamed of in the Convention which to proclaim, that the people may judge whether fraimed the Constitution. It is all: the South a law ought or ought not to be obeyed. But thought of asking. It is entirely an after- without this doctrine displayed in practice, when OBERLIN-WELLINGTON RESCUE. 75 should we have become an independent nation.? law, he was threatened, insulted, and mobbed, Sir, governments are instituted for the benefit and but for the presence and protection of his of the governed, and not for the convenience poor sick daughter, would unquestionably have of the Administrators thereof. And if the peo- lost his life. ple believe themselves outraged by their ser- Oh! if I could live to see that proud day vants, and the " still small voice" of reproof is when no slave could set his foot upon our soil not heard, the thunder and the lightning of without feeling his shackles fall forever fiom revolution will speedily follow. Gentlemen of his galled and bleeding limbs, I could say, Genthe Jury, I remember, in the short course of my tlemen, with all my heart, "Lord, now lettest own experience, a case of quasi rebellion in this thoud thy servant depart in peace; for mine State. In 1848 I had the honor to be Chair- eyes have seen thy salvation!" But all this is man of' what was called " the Dorr Convention," prevented by this Fugitive clause in the Conat Columbus. The Whig. legislature had, with stitution. The common law can say, " Slaves a high hand, divided the county of Hamilton for cannot breathe in England!! " but alas, no election purposes, so as to secure to their party act of the freemen of Ohio can enable us to a larger representation in the General Assem- say so here! Slaves may breathe in Ohio, and bly. The Democracy of the State rallied in they may be pursued, if escaping from any one Convention under the very eaves of the Capi- of the original thirteen States, and with cords tol; courageously denounced the law as unjust and whips and chains and bowie knives and and outrageous, and pledged themselves under revolvers be drawn back, and sold and doomed no circumstances to regard it. The Democratic to the hopeless cotton fields and rice swamps of voters of Hamilton, disregardinfg the new dis- the South. But how can his recaption be trict linits, elected Representatives as before; nmade? Not by an Act of Congress making all secured them their seats in the House, and act- our citizens, nolens volens, a pack of bloodually compelled the Legislature to repeal the hounds to do the bidding of the man-hunter. od(ious act. In that struggle Itook part as a Never, sir; never while our free Republic enDemzocrat; in this, with the same temper and dures. But were even this possible, the travspirit, I take part as a Republican. erser at the bar cannot be made amenable to Gentlemen of the Jury, this man Bacon from the act of 1850 until the alleged title of prop-'Kentucky says, that he owned the man JOHN. erty in the boy John is fully shown. Unless _Now, gentlemen, I hope you will not be very this claiim of property is established beyond all astute to supply deficiencies in the evidence. cavil, the prosecution' must fail. Mr. Bacon If there is a link lacking in the chain, you will comes here and swears that John is his slave. give the defendant the benefit of it; and watch That his father owned John and Jqohn's against that infirmity which is common to us mother, and that he died intestate, leaving six all; that pride of opinion and party, prejudice, children, who thus became his heirs. Here' he which would tempt you, being of a particular po- stops. He neither alleges a release of the litical cast, to work the conviction of a man be- claim of the other five heirs, nor shows by evicause he comes from a locality which is said to dence in any other way exclusive title in himbe opposed to the enactment of the Fugitive self. This will never do. The six heirs inherSlave Law. None of us could go to sleep and ited John, each inheriting onee sixth, and no sleep soundly after entailing fine and imprison- more. Until five had released to him their ment upon a fellow-citizen, unless the law and claim to five sixths of John, Mr. Bacon had not the testimony imperiously required it. the sole control of him. And as he has not Now, let us revert to the Constitution. It shown the release of the claim of a single heir, has been read to you upon the other side. We;that power of attorney is wholly insufficient, ought all to read it oftener than we do. because in it John G. Bacon assumes the exclu-'"Article IV., Section 2.' The Citizens of sive control of joint property. each State shall be entitled to all the Privileges But does John owe service to either of them? and Immunities of Citizens in the' several Why, Mr. Bacon swears that John is his slave. States." - But is that sufficient proof in the free State of Now this is all the protection that can consti- Ohio, where the presumption is always in favor tutionally be granted or ought to be asked by of a man's freedom? What more is it than if any citizen North or South. But how often you, Mr. Rhodes, should come forward and have we seen this clause infiinged and violated swear, "this'man Spalding is my slave?" and outraged in the port of Charleston, South And do the citizens of Ohio hold their liberties Carolina, by the seizure and imprisonment of by a tenure so slight that the unsupported oath free men,: because God made them men of of any man within the bounds of the United color, and for no other pretended or alleged States will at any instant sever it forever? crime whatever. And more than that, when Yet, Gentlemen, it is so claimed by the prosMassachusetts had been insulted and outraged ecuting officer of this Court; claimed seriously in the persons of her citizens, until continued and positively, as the meaning of the phrase, forbearance would be ineffaceable disgrace, and "in a summary manner," in the Act of 1850. she sent one of her most venerable and upright Gentlemen of the Jury, will you accept that Judges to inquire into the matter, according to I construction? Will you agree that your chil 76 HISTORY OF THE dren, no whiter than tens of thousands of into another State or Territory pf the United Southern slaves, shall be exposed to the loss of States, the person or persons to whom such serfreedom by means of a false oath, on the part vice or labor may be due, or his, hIer, or their of any one inhabitant of the United States? agent or attorney, duly authorized by power of Such an oath is not enough. Even this law attorney in writing, acknowledlged arnd certified does not make it enough. And the Constitu- under the seal of so-mze legal oq'cer or Court of tion is a great way from making it enouohl. It the State or Territory in which the same may must be shown that the fugitive owes service in be executed, may pursue and reclaim such futhe State.fiom which he fled, under the laws gitive person, etc."-Act of 1850, Brightly's thereof. And here I am met by another vagary Digest, 294. of Mr. Justice McLean, that the Court may In the 6 McLean I find a decision upon a take judicial notice of the fact that the State point bearing very much upon this: — from which the fugitive is alleged to have Weimer v. Sloane', 6' McLean,' 259. " The escaped, is a slave State! Now, though this be Statute authorizes an arrest, either by the a Federal decision, it is one against which I owner or his agent, with or without warrant; protest absolutely, as against one of those but, when made by an agent, he must be authormany judicial assutmptions which are rapidly ized by a written power of attorney, executed and fatally undermining our free institutions. and authenticated as required by the St'atute." It is not pretended that the owner Bacon Again, in Gibbons v. Sloane, p. 273, of the same came in person, but that he sent Jennings, and volume, " The evidence was the same in both authorized him in a joint power of' attorney cases, except as to the manner of the execution made by two individuals, and authorizing the of the power of attorney to Patton, who made arrest of three persons, to seize and arrest the arrest as the agent of Gibbons; and by the John, and return him to Kentucky. This is consent of the counsel both cases were submitaltogether too loose a practice. But I complain ted to the jury at the same, time. In this case of the power of attorney more especially, be- it appeared that Gibbons had executed( a power cause it is not acknowledged and certified as of attorney in the State of Kentuclky, as rerequired by the Act of Congress. And this I quired by the Act of Congress, in which either hold to be a very impoi'tant point for the con-. no name was inserted as the agent of the plaintiff sideration of the Court and Jury. The ac- or, if any, that of some person other than Patknowledgment is as follows: — ton; and that afterwards and before the arrest of the fiugitive by Patton, his nanme was inserted M\;Iasonae Counkyty. so.by the plaintiff or some other person, at SansI, Robert A.Cochran, Clerk of thle County dusky City, in the State of Ohio, without airy Court of the county aforesaid, co hereby cer- acknowledgment of the instrument in that State. tify that this poer of attorney from Richcardl The Court instructed the jury, that, undler the tify that this power of attorney from Richlard Loyedl ancd Jolhn G. Bacon to Anderleson Joen- Act of 1850, this was not a valid power to Patflngs, was this day produced to me andl ac- ton, and did not authorize him to make the arnmngs, was this day produced to me and acknowledged by t-he said Richarest. The jury returnedl a verdict for the de~-knowledgedl by the said Richard Loyd and fendant." Jolhn G. IBacon to be their act and deed. The fendant." said parties are personally known to me, and hese requirements of te law, therefore, the said acsnowledgment is accordin g to law. must be lived up to. It won't answer to bring Given under my hand anld officia seal, in the forward a power of attorney here without such city of Maysville, this 4th day of September, an acknowledgment as the Statute prescribes. 1858. ROBERT A. CocIAN, Clerk,-I now refer to a case in the 3d of Barr's 1858. RtOB RT A. Coci RANT, Clerk, by WTILLIAIM E. RICHARDSON, D. (C. Pennsylvania State Reports, 495, Lothrop v. Blake, to show how the certificate of a deputy Now, sir, this clerk of the county of Mason is regarded under the general law fbr the authenhas been called to tlhe stand by the District- tication of records...Attorney, and he says that he was not present, " By the Constitution of the United States, and the instrument was not acknowledged Congress have the power to prescribe the manbefore him. But.what does he testify to'? ner in which the public acts, records, and judiWhy, he says that this young man who signs cial proceedings in the several States shall be himself below as William H. Richardson, is his proved in any other State; and by an Act ot deputy, and this is his (the deputy's) hand- 1790 Congress has declared that the records and writing. I ask, then, in the name of all the judicial proceedinrgsofany State, shall be proved expounders of law that were ever congregated or admitted in any other Court of the United on the Bench, how can this be called an ac- States, b? the attestation of the clerk, and the knowledgment under the Act of 1850? For seal of. the Court annexed, if there be a'seal, howv can a deputy take an acknowledgment together with a certificate of the Judge, Chief whven the law requilres the principal to do it? Justice, or presiding magistrate, as the case may The law says:- be, that the said attestation is in due form." "~ 8. When a person held to service or It cannot be admitted (as is justly said in labor in any State or Territory of the Unitedc Stephenson v. Banister, 3 Bibb, 370) that under States, has heretofore or shall'hereafter escape this act any judlre of any court may certify a OBERLIN-WELLINGTON RESCUE.'7 record. It must be thfe judge, if there be but been successfully achieved. The Cavaliers or one; or, if there be more, then by the chief Royalists driven thence, unfortunately for us, justice, or presiding judge- or magistrate of the during the Protectorate, took up their abode in court from whence the record comes.; and he our Southern provinces. They are there, in the must possess that character at the time he gives persons of their offspring, to this day. But we the certificate. A certificate that he is the have the spirit of the Roundheads in the North; judge that presided at the time of the trial, or and God forbid that we should not speedily dethat he is the senior judge of the courts of law cide which shall have the supremacy here. For in the State, is deemed insufficient. The clerk Slavery and Freedom cannot exist together; also, who certifies the record, must be the clerk one must die that the other may live. And I himself, or his successor: the certificate of his say, with the patriots of'76, "Better that we under clerk, in his absence, or of the clerk of do without the Union, than without our liberany other tribunal, office, or body, is held in- ties." competent for the purpose. See Sampson v. The village of Oberlin was invaded by slave Overton, Bibb, 409; and Greenleaf's Evidence, catchers. And I am glad that in this very first sec. 506, and the authorities there cited. No# trial we have, within the precincts of this Conwill the statute of Ohio, which enables deputies to necticut Western Reserve, so fair a specimen perform the duties of the principal, mwake the anu- of a Kentucky Slave Catcher. A man who thenticatioTn of the record by him, evidence; as would shine as the leader of a banditti: six feet this would enable the several States to alter and four inches, and well proportioned: a short control an act of Congress. It must be con- neck and bushy beard, a buffalo bull, from the strued by itself, independent of legislative en- prairies of Arkansas, with an Arkansas toothactments. This record is attested by the deputy, pick at his waist, and a brace of revolvers in and is certified by N. C. Reed, Judge of the his pocket. I say again, I am glad we have Supreme Court of Ohio, but by the record it such an exhibition on this the first trial of a appears that he is a member of the court of Rescuer on the Western Reserve: it may not which the Honorable Ebenezer C. Lane is the need so frequent repetition. This man, toChief Justice. The record, therefore, is not gether with as great a bully as himself, from certified as is directed by the act of Congress, Kentucky, a Deputy United States Marshal and whs on both grounds improperly admitted. from the Southern District of Ohio, and the Gentlemen of the Jury, I have now con- Columbus jailer, — the same who ironed the eluded ivhat I had to say upon the power of at- schoolmaster Lincoln, before his weeping schdltorney. And the Court will tell youi, I appre- ars, and thrust him into the dungeon like a hend, that it is worthless, because not acknowl- felon, among thieves and vermin, - made up edged before the Clerk in person. the select party who descended upon Oberlin. What next? Such men come for our chastening, no doubt, ~We find that on a certain day in September, and are among the inscrutable dispensations of 1858, the peaceful village of Oberlin was enter- Divine Providence, which are manifested for; ed by three or four unusual visitors, and in our good if we would only lay it to heart. Such rather an unusual manner. Oberlin has the men come, it is said, to fulfil the law, not to character of being a moral town, much more break the peace; armed with all necessary than ordinarily moral, perhaps. And it has process, as they claim, and with the Marshal of the character of containing very many minds the United States to execute the same. Why, utterly opposed to the infliction of involuntary then, did they not go to work openly and serve servitude upon any human being, except as a their process? saying to the people of Oberlin, punishment for crime. Now, if it be any ben- "we have a legal warrant for the apprehension efit to the Prosecution to understand that this of the negro John, and shall make lawful is the general feeling of that town, so be it. service of the same. Make resistance:you may, They may take the acknowledgment in wel- but serve our papers we shall. Resistance, come. I freely admit that Oberlin is an asylum however, we do not anticipate: make way for for the oppressed of all God's creation, without the officer to execute his warrant peaceably, distinction of color. So long as a man behaves and we are away about our business.' Now well, they administer to him the common chari- if they had done this, and the people; of Oberties of life. There is no doubt about it. There lin had raised a mob, and thrown tliese ruffians is no doubt they are called sternly religious, into a " horse pond," the law might have been and so have been very many men known to us violated, but I confess I should have been perin history, as the defenders of Freedom. The sonally gratified! absolute character of the crown of Great Brit- But what do we find? ain was effectually changed by such men as the This United States Marshal Lowe, and the men of Oberlin. The Roundheads of the days tall gentleman from Kentucky, went, of a Satof Cromwell, who went into battle with a sabre urday night to the dwelling of General Lewis in one hand and a Bible in the other, were such D. Boynton; — an old friend of mine, by the men. Their general orders were, " Trust in way: a man of large heart and generous inmGod, but keep your powder dry." By such pulses, but having curious notions about politics men only could the liberties of England have and slavery. The wife administered the rites HISTORY OF THE of hospitality to these men in her husband's tie fiend exclaims, "Never mind then, John, absence. The next morning they are intro- you've been shut up in the house with Frank duced to the General, and make known their so long, let's have a good ride; I'11 bring you business. It would be interesting to have that back;" and the poor black man, unilable to conversation before us. But no matter. The conceive of treachery coiled in such an exterior, bright, precocious little son: of Boynton is put again overflows with thanks to his youngc massa, upon the stand, - and what a story does he tell! and they drive on. A mile or two outside, in The most minute, disgusting details of this a lonely spot, vith no one in sipght or call, they blood-betraying bargain. How readily he con- are driving leisurely and chatting pleasantly, sented to play the Judas, and how well satisfied when poor trustful John wakes to the tlruth, as he was with the reward of' his treason, - the the hell-cats spring upon his back!! twenty - it should have been thirty - pieces And now they hurry him away towards of silver!-!Wellington, where they may take the train for [Judge BLISS: Twenty was enough for a Columbus.....The inquiry now arises who boy.] made this capture of John? \Was it Jenfinigs, No, sir; it should have been "THIRTY." It with his power of attorney? Why, Gentleis too sickening to go through again with the:men, it was the man Lowe, the United States details of this loathsome transaction. You deputy-marshal from Columbus. Jennings was have heard it, Gentlemen of the Jury, from not there. He has told you that he had other the lips of the witnesses, includ-in this poor:business on hand. He lay back in Oberlin till child himself, and my associate adverted to it the lad came to tell him that they had got John, at some'length. But I do not wish you to pass and exhibited the card Lowe gave him with the it lightly. So foul a compact, in which the de- address of some one with whom he should corpravity of youth and- the corruption of age are respond if there occurred a chance to eret so nearly on a level, and that level so near the Frank. Now, says the boy, " They'ye got very "pit" itself, made in the sacred stillness him! I have done my part of the work, give of Sabbath hours, and that Sabbath shed(ling me my pay!" And Jennings ay?/s 7hin. its holy light upon the free soil of our noble But this is not- all. There is said to be a State, consecrated by a most solemn compact to rescue at Welling-ton. Ai-nd it is found necesperpetual freedom; that light disclosing to view sary by the District-Attorney of the United at the same moment the church spire and the Sftates to call the Grand Inquest' of the.nation, 2man-hreler - Gentlemen of the Jury, are you and institute a prosecution aogainst the rescuers, prepared upon your oaths to indorse, in the:and the father of the boy sits upon the Grand name and behalf of the Government of the Jury and says " a true bill" as the indictments United States, as a' lawful and proper service are severally presented against the rescuersof a just and lawful process that nefarious seiz-'knowing all the while full well by what means nre, of which this unhallowed compact was the and instrumentalities the negro was taken, and basis? Is there one of you who would wish with what emotions and apprehensions the his son to come upon the witness stand of this alarmed citizens came together. Court, and make oath to such confessions as you The negro is taken to WVellington, where his have heard recited with great glee by this most captors dine at the hotel, and then take him to unfortunate child? WVhy, Gentlemen, what a room on the second floor, and thence, on the end will that boy come to, if lie be so ripe for motion of Jennings, who comes soon after, to a ruin already? A boy so young, and already more secure place in the attic. And now, when an expert in the vilest and meanest passions the sovereign people - the great originators of that ever cursed a human heart! Ready to lie laws and governments - come to inquire confor hire to any extent, and even to. crush the cerning the boy and the character of' the cushopes of this poor, illiterate, honest-hearted, tody in which he is held, how are they anconfiding negro, who, in common'with us all, swered? They were thirsting for information; loves liberty better than every thing else, and anxious only to know the actual truth in the would fight for it to the last gasp. I-le trusts premises. They knew that the boy was last Shakespeare because le knows him as a pro- seen passing out of Oberlin with Shakespeare fessed friend: he needs work to get his bread, Boynton before hle was met in the custody of and is exceedingly grateful for the kind offier of his captors on the road to Wellingtoin. No the boy, but in the house lies his friend disabled, circumstances could be more suspicious. W~ell andt he cannot leave him to suffer. Very re- might they presume that foul mneas and not luctantly he declines the needed charity, that legal process had been employed. And in he may be an almoner to one even more needy reply to their constant and importunate intlian himself.'But to show something of his'quiries, what information was given them? gratitude to'Shakespeare, he volunteers to go W 1rhat information, up to the very last mlionent with him to New Oberlin in search of a friend of the Rescue, when the negro is alleged to who will perhaps perform the stipulative labor. have been driven rapidly away toward Lake Before' they get fairly out of town they meet Erie in a buggy with this defiindant? the object of their search, but he cannot go. I will read to you certain parts of the teaEWith surprising readiness of stratageem, the lit- timony. OBERLIN-WNELLINGTON RESCUE. 79: Jennings says: " The Sheriff came and would go down and' read his authority to the wanted to see our authority for arresting the crowd, if he could be protected; and if they boy, and we showed it to him." were at all reasonable they would then, -of Now the " sheriff" proves to have been the course, disperse. Mr. Patton volunteered to be constable, Meacham, for there was no " sheriff" answerable for his safe return, and they went about. The constable, who had a warrant for down. For what purpose? To show the the apprehension of the kidnappers. You power of attorney? Not a bit. of it. To read recollect how the warrant was obtained. Now the warrant, and the warrant only. They M'eacham''had a peculiar interest, in knowing mounted the steps of the drug store, a little by what authority they held the boy. Meacham south of the hotel, and Patton, mark' it, Patton says he did go up, as Jennings has averred, and read the warrant to the crowd, in Lowe's name, inquired fbr their authority, and he says the Lowe standing beside him and authorizing it towarrant was shown him by deputy-marshal be read as the authority of the party for holdingl Lowe, and the warrant alone. Now do not John. Now can this mian Patton, who himself mistake this, Gentlemen of the Jury; the au- read that authority to the crowd, be mistaken? thority was legally called for, and they pro- And yet he tells you that he read the warrant and duced the warrant from Commissioner Chitten- the warrant only, and that he never so much as den of Columbus, and the warrant only. It heardof a power ofattorney until itwas presented was exhibited as their authority for holding the to the Court in the opening of' this trial, by the negro in custody. District-Attorney. And while Mr. Patton was, But we do not stop here: Joseph H. Dick- reading this warrant, the crowd made a rush'at son, the lawyer, and I believe the only lawyer the front door, which, being speedily seconded in Wellington, formerly prosecuting attorney by a rush at the back door, was successful, and of Lorain County, went -up, not of his own the boy was brought dlown. motion, but sent for by Lowe as a man learned And now I put it to you, Gentlemen of the in the law, to come to the room and see by Jury, as the plainest possible question of fact, whalt authority they held John there. This whether this defendant can be chargeable with'was the very object of his mission. Now is it a guilty knowledge that this arrest was made, to be supposed fobr one moment that this man and this custody sanctioned under and by virwas such an ignoramus that he did n't know a tue of the power of attorney, when in fact, no power of attorney from a warrant? Why, such authority was made known at any time; Gentlemen, Mr. Dickson swears to you without during that day? With the facts before them the least equivocation, that Mr. Lowe took him as they are, I ask the Jury to say that the active into a side room alone, and showed him the instrumentality by which this boy was arrested warrant.as their authority for holding the and held, was the warrant, and not the power negro, and neither showed nor mentioned any of attorney; and that the person arresting was other authority wlhatsoever. That he saw no not Anderson Jennings the agent, but Jacob power of attorney, and never heard of a power K. Lowe, the Deputy United States Marshal. of attorney till he heard of it in this Court- And I say to your Honor, that if there was a Room, after he had been summoned here as a warrant there, and the arrest was made by it, witness.' And after this exhibition of authority, and yet it has not been produced in this Court, Lowe asks Dickson to go out and proclaim the only presumption is that the warrant was what he has seen to the crowd, and use his in- defectiv.e, and the District-Attorney dare not let fluerince to persuade them in view of this au- it see the light, and so I charge it home upon him. thority to disperse, and allow him -to continue I say it was an infamous hoax, palmed off upon his journey. the people at Wellington. The names of Lowe',But we don't stop here. Mr. Patton comes and Davis were called among the witnesses, forward, a gentleman who has been so highly and Chittenden, the Comlmissioner himself, sat complimented by the counsel for the Govern- here in Court, and yet it has not been deemed ment, as a man of extraordinary placidity of advisable to make one solitary reference to the temper, a man of' integrity and good manners, warrant, or to these witnesses, who are alleged in short, a model for all the young men of Ober- to have issued and served it. The warrant belin; and who behaved so wisely, that had his ing defective, the action of the officers under it Qounsels been followed, there would have been was illegal, and makes them responsible to the no rescue, and no violation of law; one who law; and it strikes me that they are in a fair way: can be relied on to protect the institutions and to get their deserts. statutes of his country, in all times of danger, and The instant the authority by which the negro I am very glad there is one man in Oberlin was arrested and held, proves to be a sham, the who can be depended upon besides Mr. Whack! indictment falls to the ground. The individuals' [Laughter.] Mr. Patton comes forward and who effected the rescue, not only stand'innoco.rroborates every word of Mr. Dickson's testi- cent'of the charge of a violation- of law, but' molly. He says that Lowe took him aside and challenge the plaudits of every hunian heart, shocwed: him his ivarrant, as the authority for. For it is not claimed here that these men are to holding the boy, and said nothing of any other be punished for resisting kidnappers, who failedautho rity. And farther he told Patton that he to observe even the easy conditions of the act 80 HISTORY OF THE of 1850! This defendant is charged in the in- of attorney! Dickson said he was not converdictment with a violation of the act of Congress, sant with that sort of papers - (an ex-Districtand must be acquitted by you, Gentlemen, un- Attorney) - and did n't know whether it needless you find him guilty according to the letter ed a seal or not- (there was tlihe broad seal of the law. The courts have held, that a per- of Mason;County'before him)- and Lowe son is guilty of knowingly rescuing a fugitive, said it was not customary;fr such papers to if they rescue him withdoit availing themselves have seals; and Dickson said' he did n't know of whatever means may be within their reach as it was!' "' Now, Gentlemen of-the Jury, ho'~/ for ascertaining his actual status. Well, for many hundred men like Jennings need swear three entire hours this assbmblage pressed their to so transparent a falsehood,'befbre you would inquiries, sending by magistrates, lawyers, col- believe it'? If Mr. Jennings wa`b the most rcpulege students, citizens of age and respectability, table man in the United States, you would n't and every one brought. back the, same answer: believe him when he made such a statement as "lHe is Iheld by a UlSzited States _aclarshal, under that. You would say,'he must certainly be ni sand by virtue of a, warrant issued by a United taken. And Jennings was but a third p.arty, States Commissioner at Columbus." It is hot by his own testimony. Dickson talked with shown that this defendant made- in person such Lowe, not With Jennings, nor with Mitchell. inquiries, or received directly or indirectly any But they don't stop here. Mitchell is reinfbrmation in answer to the inquiries made by called. And he says, he'himself had the conothers: we are wvilling to accept. the.worst the versation with Dickson! Dickson, says, he Prosecution charge, that he heard the answers being sent for, as the messenger told biim, by. brought to the crowd.:We would. be glad to the parties having the negro in'custody, went claim it; for nothing could more effectually re- up; that Lowe came forward' to meet him - quire his acquittal at your hands. And the as it seems he did whenever any one caime in Government have found themselves so pressed - and' introduced himself by name as an under the burden of this-part of their own tes- United States iharshal from Colunmbus; and tirnony, that they were fain to recall Jennings that Lowe taking him alone' into a private and Mitchell to bolster up'a well-niigh hopeless room, showed him the warrant' directed to case.'Well, Jennings is a famous. man by whom himself, and Lowe told him that he by virtue of to bolster up a failing cause! The man who that warrant had the negro in hlis custody and made two journeys from Kentucky to Oberlin must return him befbre thd commissioner, and, to catch John, "just' from a sense of duty, and that Lotwe replied to his query about the lack a feeling of neighborly kindness, without the of seal, that it was not customary for such expectation of so much reward as the payment papers to have a seal. But Mr.l Mitchell of his travelling expenses 1" He was inquired steps quietly up here; and'contradicts Mr. of whether he,contracted with Bacon for any Dickson, asserting' that he,'Mitchell, is the pecuniarycompensation-for all this trouble, and individual with whom Mr.:Dickson held the swore positively that nothing was said by either conversation, and not Lowe! Does Mitchell of them about a money consideration. But mean to say that he gave his name to'Dickson Bacon testified difTerently, and on being asked' as Lowe, and claimed to be the United States the same question, swore.-to the truth, un- Marshal from the' Southern District? If so, doubtedly; he seemed to be a very candid man how'is the case bettered by such a'confession? in his testimony, and if any man was to have But I may say, Dickson undoubtedly knew his slave restored to his possession; I should as with whom he was conversing, and what paper soon it should be him as any man, judging from he read. And I apprehend that the Governhis appearance -Bacon.swore positively that ment will find it difficult to induce you to give there was a contract, by which he became obli- credit to the testimony offered'to impeach lim. gated to give Jennings $500, or one half the And now, Gentlemen, if it be true that this boy.would sell for, provided he brought him negro was apIrehended and held in custody at back, and otherwise he was to have nothilg.'Wellington under and by virtue of this warrant, So Jennings is put upon the stand again to take which the District-Attorney cannot predicate back- and correct' his former explicit testimony, his indictment upon, and which he dare not blut. vill not do it after all. He says Bacon did produce in Court, is there -any reason why the remark something about his having offered in a vengeance of this odious law should be visite(r general way to give half what the nigger would upon the head of this defendant? sell for to anybody that would catch him, but Judge Leavitt says, in thd case'of Weiiri, did not speak inl a way that opened the offer to against Sloane, 6 McLean, 267. "' As alre:; - him, or make any other proposition whatever; intimated, the jury must be satisfied -that!:ii that there positively cwas no such bargain as Ba- defendant had knowledge that the fu gji-vc~.. con swore to. And so Mr. Jennings is an ex-. had been arrested and were in custody cellent witness to eontradict the dozen disinter- time of his alleged interference. If the.!ai,: ested witnesses from Wellington. Jennings tiffs agent'held' them Without authoriil, t'lisays, " he was present at the conversation be- were illegally detained, and no one coii;d:.}" e tween Lowe and Dickson. They were not incurred. liability' by'aiding them LIe ('I.?'a talking about the.warrant, but about thepoweri escape.;" OBERLIN-WELLINGTON RESCUE. 81 The act of Congress authorizes the owner to done without process, and by taking or causing come into any county of Ohio, and arrest his such person to be taken forthwith before such runaway slave, and take him before any Coin- Court, Judge, or Commissioner, whose duty it mlissioner or Federal judge in the District in shall be to hear and determine the case of such which he apprehends him; or he may in the claimant," etc. first place take out a warrant and arrest him; Well, that authority would be Judge McLean, or the Commissioner may name some person to of the Seventh Circuit, or his Honor, Judge serve the warrant; or the agent, having a legal Willson, of tile Northern District, or some one power of attorney may do the same thing. of the Commissioners of the Northern District. But he mnust be governed by the one process or So that if they had intended to make an arrest the'other. Hle cannot arrest by the warrant under the warrant, it was their duty to return and hold by the power of attorney, or vice him within the Nlorthern District. They could versa. If he obeys the precept, in person or not take him before the Commissioner at Coby the hands of an officer acting in his pres- lumbus. They might with the same propriety ence, under his direction, so far as to arrest in take him before the Commissione.r at Newport accordance with it, he cannot then draw back, or Covington, Kentucky. but must hold the fugitive in obedience to'its Miay it please your Honor, I am now drawfarther injunction, and release him before the ing near the final discharge of the duty which Commissioner as it also enjoins; for; if he ac- has been cast upon me by the Defendant. It cepts its authority at all, he is bound by it has been an unpleasant one from the outset. It until it'is obeyed to the last letter, and he dis- is one which it will probably never fall to my charged from its control by the Commissioner lot to undertake again. I have availed myself who issued it. Now I say to the Court, that of the indulgence of your Honor to express here was a gross mistake made by these parties, I myself fearlessly, frankly, and fully. I am in the very inception of this proceeding. A sorry that I am forced to differ so widely from warrant was issued by a Commissioner in the many who are highly distinguished in all the Southern District, while the fugitive was to be learning of the law. I know that my own opinapprehended in the Northern District, of Ohio. ions have no official sanction, and can therefore The Deputy-AMarshal, if he had power to pro- weigh but little by the side of the authoritative ceed with that warrant into the Northern Dis- decisions' found in the books. But it is none trict, had no power, under the Act of' 1850, to the. less my duty to speak as an advocate, and take his prisoner into the Southern District my right as a citizen, to give the results of my until he was taken before the officer in the study and reflection. Northern District, who should have issued the I have said that slavery is like a canker, eatwarrant. The law is imperative upon this in out the vitals of our liberties, and that the ipoint. There is no possible mistake about it. Supreme Court of the United States has beHe must be taken before the Commissioner in come the impregnable fortress and bulwark of the District where he is apprehended. We slavery: I now say that unless the knife or the will read the law. The sixth Section is as cautery be applied to the speedy and entire refollows: n-loval of the diseased part, we shall soon lose " The Commissioners above named shall have the name of freedom, as we havefready lost concurrent jurisdiction with the Judges of the the substance, and be unable longer.to avoid Circuit and District Courts of the United States confessing that TYRANTS ARE OUR MASTERS. in their respective circuits and districts within This man'cannot be found guilty of the offence the several States; and the Judges of the Su- charged in the' indictment upon the testimony perior Courts of the Territories, severally and that has been offered. I do not hesitate to say collectively, in term time and vacation." this. But had the testimony been sufficient to The eighth Section reads: - sustain the indictiment, and he thus become "When a person held to service or labor in amenable to this unconstitutional and infamous any State or Territory of the United States, enactment, he would claim to have his name on has heretofore or shall hereafter escape into the same page of history with those who have another State or Territory of the United States, suffered for righteousness' sake. the person or persons to whom such service or And now, sir, as to'the plain unconstitutionlabor may be due, or his, her, or their agent or ality of this odious act; I know full well, as I attorney, duly authorized by power of attorney have already repeatedly said, what the decisions in writing, acknowledged and certified under of the highest tribunal in the Nation have been the seal of some legal officer or court of the with reference to it; and, I know as well the State'or Territory in which Ithe same may be deference which in all ordinary cases is due executed, may pursue and reclaim such fugitive from tribunals of inferior jurisdiction to its rulperson, either by procuring a warrant from ings. But, sir, I hold that so glaringly unjust a some one of the Courts, Judges, or Conmmis- decision as the affirmation of the constitutionsioners aforesaid, of the proper CiGcuit, District, ality of this act can bind no one; and had I the or County, for the apprehension of such fugi- distinguished honor to occupy the seat which is tive from service or labor,:or by seizing and so eminently filled by your Honor, full long arresting such fugitive, when the same can be should I hesitate before I pronounced that to 11 82 HISTORY OF THE be law, which so clearly contravenes'the solemn sion, don't talk of Higher Law as God's Law; compact of the Constitution, and; the superior it is Devil's Law, and it would make a Hell upon Ordinance of 178 7, wantonly violates every per- earth. Higher Law comes in and upturns sonal right of the citizen, and stains with a foul government because there is slavery; it has blot the statute books of our country. I should piety and conscience for the black man, but feel bound to pronounce the Fugitive law of devil take the white man. 1850 utterly unconstitutional, without force, and Judge Belden then argued the question of the void; though in thus doing, I should risk an constitutional power to pass laws to enforce a impeachment before the Senate of my coun- Fugitive Law; the letter and spirit of the Contry; and, sir, should such an impeachment work stitution admit of such law. Counsel on other my removal from office, I should proudly em- side forgot to. say that Washington recombrace it as a greater honor than has yet fallen mended the passage of the law of 17 93, which is to the lot of any Judicial officer of these United actually the law of 1850, and it was passed with States! only seven: dissenting votes, and until abolition, Higher Law and Devil Law came in vogue to NINTH DAY. - AFTERNOON SESSION. refuse the jails, to strike down officials, the law was enforced. Judge Belden entered into a District-Attorney's Argument. review of the opinions of Mr. Webster upon the Judge BEL:DEN did not know whether to ad- Fugitive Slave Law. That: law was a peacedress the court, the jury, or the audience. For offering made by Clay, Webster, Fillmore, and three days has the crowd been. addressed; not others. In the midst of agitation and lawlessthe court, not the jury. Are we in a dream? ness this law was passed by the great lights of are we in. a court of justice? or are we in a the country, signed by Mr. Fillmore:, and sancpolitical hustings? If that is so, all counsel tioned by Webster, the lover of law. Higher has to do is to ask the jury how they expect to Law people run into the predicament of free vote. Here are the Saints of Oberlin, Peck, love and infidelity. If St. Peck and St. Plumb Plumb, Fitch, to which are to be added Saints " go off" on this law, he would advise them to Spalding and Riddle, and. sub-saint Bush- go where some good man preaches the Bible and nell - all saints of the Higher Law. When it not politics. Do you teach the Bible at Oberlin, comes to pass that we take- a cause from the or do you point out the spires of the churches jury and appeal: to the crowd we had better as hell poles? The counsel then went on to disband. Sad will be our condition then. show what the state of the world was when The counsel commented very severely upon Christ came; many. were in bondage, and not what he called the clap-trap argument of the a word was said against it; Christ denounced white boy brought in to get up a scene. He idolatry, polygamy, but not a word against pronounced the scene the most disgraceful he slavery. He did not tell them of a Higher Law had seen in a court of justice. This was their as against the laws of the land. He said, obconstitutional argument!' And their constitu- serve the law of the land, render to Cesar the tional argument was continued by reading reso- things that are Cmsar's, to woman and man, to lutions passed in this city in 1850 - and read slave and free. If these saints of Oberlin had for no purpose but to stab this Court-; to stab half as much piety as the poor slaves, their his Honor upon the bench; read -by a man who masters and mistresses, it would be well as beknew, or ought to have known that the resolu- tween them and their- God. According to tions were a libel on the opinions of the Judge, Higher Law we should turn our wives and and were not his sentiments; such arguments children out of the house. will not weigh a feather, and such demagoguery Counsel then argued that the slaves were not must fail, though you had a thousand Probate fit for freedom; and that there were very few or Crowbait Courts, and a boy to exhibit before white people fit fobr self government, but the you. whites can -be treated. on an equality, although'At the meeting referred to, Messrs. Hitch- not equal in every respect. He argued the cock, Foote, and Bolton were appointed a con- unfitness for freedom of the slaves, and conmittee to examine the law and report at a future tended that there was no perfection, and bemeeting as to its constitutionality, and the chair- cause there were cases of cruelty in slavery, man, after holding the resolutions some two these could not argue in favor of freeing the months, came to the conclusion the law was slaves. The Judge went into the history of constitutional, and no report was ever made. West India emancipation, and argued from What the gentlemen and Saints.of Oberlin that emancipation that the white race must called Higher Law he called Devil's Law. take charge of the blacks. He then referred Sam Johnson wrote that, the Higher: Law to the introduction of slavery in this country, was the law of one's country. Your Higher and argued that it was a creature of common Law, as interpreted by the: Saints of Oberlin is law, and not of statute, in every colony of' this just that law which makes every man's con- country; and no law was passed in regard to it science and private opinion his guide. Such for fifty years after its introduction here. The doctrine would make chaos, and until all men whites must predominate over the blacks, they have the same conscience, same control of pas- cannot exist on an equality. OBERLIN-WELLINGTON RtSCUE. 83 The citizewwho harbors fugitives from labor confidence of success, that they were inot amenis a bad citizen; he don't deserve thle blessings able to State: law, because acting under the of this government.': power of attorney which placed them beyond The District-Attorney then read largely the reach of State jurisdiction in'the matter. fromll Mr. Webster's opinion on the Fugitive He claimed that the jury sliuld take no acSlave Law, and the effect of the law in; its' cout' of the quibbles: and technicalities which operation. I-e also read from the letter of' iiight stand'in the way of a convictidon. He solme Englishman wlio wrote a letter to0 Mr.. said that it was perfectly lawful and right for Webster upon the subject of slavery. the gentlenian from Kentuckvy to follow the [The Court intimated to the counsel that: negro to Ob'erlinwith" Ai-kansas toothpicks," there was no necessity of arguing the constitul- bowie knives, and revolvers, if he thought best tionality of the law.] for the purpose of the capture. Counsel proceeded on the facts. he DistriAttore claimethat full exibition of the power of~ a:ttdrney was made; The defendant is charged with rescuing the also that it ~'as immaterial'in wY hat manner te negro. Is he guilty of the act? Did he do it negro was taken by, the Krtucki ns, in view within thes jurisdiction of thiis court? That's of the fact that he was rescuedi from the imiuethe' question. Did John owe service to Bacon? diate presence and control of Jennings. WVe have been told that Bacon only owns one The balance of the District-Atto'ney's speech sixth'; the proof is that the father of Bacon was a recapitulation of th evidene in the died without a will, and the slaves were divided' case, liberally inte:rpersed witi'attacks on the by the heirs. The Court is bound to take no- opposin counselr wiput a ttcs on t he tice ex: officio of the laws of Kentucky. The tho cityand abuse of th e aPrience. The lanownershiip of John is complete, for in addition of theadiress were In t-e to Bacon's is the testimony of kdtcthell and VOi'St apssible taste,:aiid evoke indi naand Jennidngs. e and Jen.nr-s. tion of the audience, evinced, in one instance, The next question is, did John escape? by unmlstakablehisses. The speech was conFrank, Dinah, anled John escaped in the night. cluded at I o'clock, when the case was given WVhere did this neg-ro go? I-et went to Ober- to the Jury by Judge WI.I LsON, in thefollowing un; was there from springl of'58 to time of chare:- his rescue. Prof. Peck knew lhim, aind some:of the witnesses understood him to be a fugitive CIIARGE OF THE COURT. slave. If he had not been known to be a is a prelim this case There is a preliminaiv matter in this case slave, there wouldlhave been no mob to rescue (and with which the Jury have nothing tb do) him. WVas tie man whom they rescued, John? that should be noticed before entering upon the Mitchelil knewv him to be the nigger John. consideration of the principles of law, which' NVhen tlhe KVentluckian met hin, the negro are applicable to the issue of fact'to:be tried by went towards -him and recogbnized him. John the Jury.,. talked with a number, admitting he was a slave A mlotion was made bythe cefendant to' of Boton. Was mJob i' the cstody of Jen- o o:f Bacon. Was John in thee Custod'y of Jen- quash tfhe indictment, which motion (without nings and Lowe? It matters not whether argument of counsel, or p (ritout 11 t S, was ~a~w~rrant thertgumenit hof counsel, or reasons expressed byr. there was'a warrant there or not. Jennings the Court) was overruled, with the understandwas the agent of tlie owner. The owner had ing', however, that if at aany timehe the grounds a right to take his slave, and take him home. of the m6tion slhoulld be deemed' to be well' Judge B. then gave a history of the Prig case founded, -the case would be withdrawn fromn the in Pennsylvania-. Jury. Adjourned tills9 o'clocl. In this motion to quash, the; assigfled causes are: TENTHI DAY. -BORNING SESSION. 1stl That the indictmient is found alid preDistrict-Attoiney BELDEN continued his argu- sentedcl for a aalleged violation of ahi Act of ment by claiming that, according to the com- Congress;' which Act is unconstitutional and mon law, a deputy could only act'in the name void. of the principal, and this was incorporated in;2d. That the' pretended Grand Jury which the Kentucky statute; therefore the power of found said indictment was not legall'y empanattorney in the case was properly made out. elled; but were selected and empanelled conlie also claimed that'it was not necessary for trary to law. Jennings to have'been present at the time of 3d. That said indictment is defective, informaking the capture, as he could have legally nial, and insufficient in law. directed the matter from any distance, and,that 4th. That it does not appear in said indictMarshal Lowe was acting under'such'direc- ment, that said negro John was legally held to tions, and not under the warrant. In continu-' service, or that he was held to service under ance of this argument, he gave notice that if thie laws of Kentucky or any other State or the Lorain county authorities'should attempt to Territory;. arrest Lowe, Jennings, or lMit'chell' for'viola- 5th. That it does not appear that the defendtion of the State law, he should claim, with ant knew him to be held under or by virtue of 84 HISTORY OF THE any law,, nor that the defendant knew him to be cordance with the Constitution by the highest lawfully held to service. judicial tribunal of the country. The 2d Section of the 4th Article of the The objection that the' Grand Jury that preConstitution of the United States declares, that sented this indictment, was selected and em"no person held to service or labor in any State panelled contrary to law, has no foundation in under the laws thereof; escaping into another, fact. shall in consequence of any law or regulation The Grand Jury were qualified, selected, and therein, be discharged from such service or empanelled as required by the 4th rule of the labor; but shall be delivered up on claim of Circuit Court, which rule obtains in this Court. the party to whom such service or labor may The legality of that rule is no longer an openi be due." question here. Both its legality and propriety This provision of the Constitution is a posi- were fully affirmed by the Circuit Court in the tive and unqualified recognition of the right of case of the United States v. Joseph S. Wilson, the owner in his slaves, inaffected by any State 6 McLean, 604. Constitution or any State laws whatever. It is Neither is there any foundation for the dea right of property, and like the ownership of clared defect in the indictment, that the said any other species of property, it implies the.negro John is not alleged to be legally held to right of seizure and recaption. In case of es- service, or that he is held to service under the cape, the status of the' slave in relation to his laws of Kentucky. owner cannot be changed by, or in any way The indictment charges, that on the first day qualified, regulated, or controlled by the laws of of March, 1857, a certain negro slave, -called the State to which the slave flees. Hence, all John, a person held to service and labor in the the incidents of the right' of property in the State of Kentucky, one of the United States, owner-attaches. Under and in virtue of the the said John being the property of one John Constitution " he is clothed (said Judge' Story) G. Bacon, of the said State of Kentucky, the with entire authority, -in every State in the person to whom such service and labor were Union, to seize and recapture his slave, when- then due, and so being held to service, the said ever he can do it without any breach of the John did escape to the State of Ohio, etc. peace, or any illegal violence." This averment is almost in the precise lanThis clause of the Constitution does not stop guage of the statute. It has been uniformly with a mere declaration of the right in the own- held by the Federal Courts, that in indictments er. It also implies a guaranty, on the part of fbr misdemeanors created by statute, it is suffithe national: government, to provide the mode cient to charge the offence in the language of and secure the means to make the right availa- the statute. There is not that technical nicety ble. It says: The slave shall be delivered up required as to form, which seems to have been on claim of the party to whom such service or adopted and sanctioned, by long practice in labor may be due." cases of felony. United States v. Mills, 7 PeThis imposes a specific duty upon the national ters,1 R. 142-; United States v. Lancaster, 6 government: and " when a duty is enjoined, the McLean, 431. power and ability to perform it is contemplated We are clearly of the opinion, that the exto exist on the part of the functionaries to whom ceptions to this indictment, both as to form and it is intrusted." matters of substance, were not well taken, and Accordingly in pursuance'of the plain re- that the motion to quash was properly overquirements of the national compact, Congress ruled. has passed two laws providing for the recaption The case, then, Gentlemen of the Jury, goes of fugitives from labor. One is the act of Feb- to you for the determination of the issue of ruary 12, 1793,. and the other that of Septem- fact:- Is the defendant guilty or not guilty of ber 18, 1850. the offence with which he stands charged in the Both of these laws have been the subject of indictment? judicial exposition and interpretation by the The indictment contains but a single count. Supreme' Court of the'United States; the for- It charges that on the first day of March, in mer in the case of Prigg v. The Commonwealth the year of our Lord one thousand eight hunof Pennsylvania, 16 Peters, R. 539, and the lat- dred and fifty-seven, a certain negro sla% ve ter in the case of the United States v. Booth, called John, a person held to service and labor decided at the late December Term of that in the State of Kentucky, one of the United Court. States, the said John being the property of one In each of these cases the Supreme Court John G. Bacon, of the said State of Kentucky, held both acts of Congress referred to, to be the person to whom such service and labor were clearly constitutional in all their leading pro- then due, and the said negro slave called John, visions, and free from reasonable doubt and to wit, on the day and year last aforesaid, so difficulty. being held to service and labor as aforesaid, It certainly does not become a Court of'in- and said service and labor being due as aforeferior jurisdiction't0o entertain a question upon said, did escape into another State of the United the unconstitutionality of laws which have been States, to wit, into the State' of Ohio, from the fully: considered and decided to be in strict ac- said State of Kentucky; that afterwards, to OBERLIN-WELLINGTON RESCUE. 85 wit, oh the first day of October in the year of G. Bacon as aforesaid, and, the said Jacob K. our Lord one thousand'eight hundred and fifty- Lowe, then and there lawfully assisting the said eight, one Anderson Jennings, the agent and Anderson Jennings as aforesaid; he, the said.attorney of the said John G. Bacon,: duly au- Simeon Bushnell, then and there, well knowing thorized for that purpose, by power of attorney, that the said negro slave called John, was then in writingo, executed by the said John G. Ba- and there a fugitive person, held to service and con, to wit, on the 4th day of September, A. D. labor as aforesaid, and pursued and reclaimed, 1858, and acknowledged by him on said day, seized and arrested, and held in custody as'before Robert A. Cochran, Clerk of the County aforesaid; to the great damage of the said John Court of the County of Mason, in said State of G. Bacon." Kentucky, and on said day, certified by said The law on which.Athis indictment is prediRobert A. Cochran, Clerk as aforesaid, under cated is contained in the 6th and 7th sections the seal of said Mason County Court, the said of the Act of Congress of September 18, 1850. Robert A. Cochran then being a legal officer, In the first clause of section 6 it is provided, and the said Mason County Court then being a that, "when a person held to service or labor legal Court in the said State of Kentucky, in in any State or Territory of the United States, which said State said power of attorney was ex- has heretofore or shall hereafter escape into ecuted, did pursue and reclaim the said negro another State or Territory of the United States, slave, called John, into, and in the said State the person or persons to whom such service or of Ohio, and did, to wit, on the said first day labor may be due, or his, her, or their agent or of October, in the year last aforesaid, in said attorney,. duly authorized by powver of attorney, Northern District of Ohio, and within the ju- in writing, acknowledged and certified under risdiction of this Court, pursue and reclaim the the seal of some legal officer or court of the saidnegro slave, called John, he then and there State or Territory in which the same may be being a fugitive person as aforesaid, and still executed, may pursue and reclaim such fugiheldl to service and labor' as aforesaid, by then tive person, either by procuring a warrant and there, on the day: and year last aforesaid from some one of the Courts, Judges, or Comnat the District aforesaid, and within the juris- missioners aforesaid of the proper Circuit, Disdiction of this Court, seizing and arresting him trict, or County, for the apprehension of such as a fugitive person from service and labor, fugitive from service or labor, or by seizing from the said State of Kentucky, as aforesaid; and arresting such fugitive, when the same can and that the said negro slave called John, was be done without process, and by taking, or then and there, to wit, on the day and year causing such person to be taken, fobrthwith belast' aforesaid, in the said State of Ohio, at the fore such Court, Judge, or Commissioner, whose District aforesaid, and within the jurisdiction of duty it shall be to hear and determine the case this Court, lawfully, pursuant to the authority of such claimant in a summary manner," etc.i of the statute of the United States, given and Section 7 declares, "that any person who declared in such case made and provided, ar- shall knowingly and willingly obstruct, hinder, rested in the custody and under the control of or prevent such claimant, his agent or attorney, the said Anderson Jennings, as agent and at- or any person or persons lawfully.assisting him, torney as aforesaid, of the said John G. Bacon, her, or them, from arresting such fugitive' from to whom the service and labor as aforesaid of service or labor, either with or without process the said negro slave called John, were then and as aforesaid, or shall rescue, or attempt to still due as aforesaid, together with one Jacob rescue such fugitive from service or labor, K. Lowe, then and there, lawfully assisting him, from the custody of such claimant, his or her the said Anderson Jennings, in the aforesaid agent or attorney, or other person or persons arrest, custody, and control of the said negro lawfully assisting as aforesaid, when so arrested, slave called John. And the Jurors aforesaid do pursuant to the authority herein given and farther present and find that Simeon Bushnell, declared" (shall be'subject to fine and imprislate of the District aforesaid, together with di- onment, etc.)." vers, to wit, two hundred other persons, to the To effect a conviction of the defendant, the Jurors aforesaid unkinown heretofore, to wit, material allegations in the indictment. must be on the said first day of October, in the year of established in proof, and the burdeln of proof our Lord one thousand eight hundred and fifty- rests on the Government. eight at the District aforesaid, and within the These material allegations are,that the negro jurisdiction of this Court, with force and arms, John was a slave, owing service to John G. Baunlawfully, knowingly, and willingly, did rescue con in Kentucky; that said negro escaped from the said negro slave called John, then and there Kentucky to the State of Ohio, and was a fugibeing pursued and reclaimed, seized and ar- tive from his master; that he was seized and rested, and in the custody and control aforesaid, held by Anderson Jennings, and his assistants, he, the said negro slave, called John, being by virtue of a power of attorney, lawfully exethen and there a fugitive from and held to ser- cuted by said Bacon, authorizing the capture of vice and labor as aforesaid, from the custody of the fugitive; and that the defendant, actingf with the said Anderson Jennings, then and there the others at Wellington, knowingly and willingla authorized agent and attorney of the said John rescued the slave from'the agent of the owner. :~~~86 I~HISTORY -OF THE That slavery or involuntary servitude exists riadge. But it is competent and sufficient evi*in Kentucky, under the sanction of law,'is a dence of the heirship, that B. treated and rematter of which the Federal Courts take ju-, cognized A. as his -son. diclal notice. The reciprocal- relations between; Upon the princiipes of the common law, then, the' National Government and the several the testimony of Bacon, Mitchell, and JenStates comprising the United States, are not'nings is competent, and if uncontradicted, may foreign, but domestic. Hence the Courts of the be deemed suffidient to establish the fact, that United States take judicial' notice of'all the the negro John was held to.service as the slave public laws of the respective States, vhen they of John G. Bacon, under the laws of Kentucky. *are called upon to consider and apply them. It That this slave fed from his master and esis not a question for the Jury.to determine, from caped -from Kentucky into the State of Ohio, the evidence, whetlier or not slavery iawfully is an alleged fact, about which the testimony exists in Kentucky. That is an inquiry -which leaves but little'room for controversy. Nmeither belongs' solely to the Court; and for the pur- can it be seriously controverted, that Bacon poses of this trial, you wvill regard slavery as a executed to Jenniings a valid power of attorney, munlcipal regulation, lawfully established in duly acknowledge and certified, for the rethat State. caption of the slave. VWas the negro John a slave, owing service to The next question to be determined by the John G. Bacon in Kentucky? This s the first evidence is, did Jennings hold this fugitive by question of fact for your determination from the virtue of' the power ofattor'tney at the time of evidence. the rescue? On a question of this kind, the right of the The statute provides thait the owner or his alleged owner in his -slave, is to be established agent authorized by pvower of attorney,." "may by the same rules of evidence as in other con- pursue and reclaim such fugitive person, either tests about the right'of proPerty. Ordinarily;the by procuring a Warrant; from some one of the fact of possession and notorious claim of owner- Courts, Judges, or Commissioners aforesaid, for ship, in personal roperty, is sufficient to estab- the apprehension of such fugitive from service lish the primr; facie ight of ownership. It was or labor, or byseizing, and arresting such fugdeclared' by the Court in the case of Miller v. tive, when the same call be done without proDunnani, that the mere'holding a person in.in- cess, and bytaking or causing such person to be voluntarv servitude, and claiming ownership, is taken forthwith before: suclh Court, Judge, or not sumn~ientent primd atci evidence of right; to' Commissioner," etc., etc. overcome the presumption arising from the It is true, the language of the Act is in the ma;rks' of European descent. But that dark alternative: -The fugitiVe may'be seized and complexion, woolly head, and'flat nose, With arrested upon the warrant, or he imay be seized possusslon and claim of ownership, do afford iand arrested by virtue of the power of attorpra tmj/cie evidence of the'slavery and owner- ney. Both modes of capture have the same ship charged. object,to wit, to bring the fugitive before the Here the prosecution. claims to have shown, Court or Commissioner. The person making by the -uneontradiceted testimony of Bacon, the arrest is clothed with, the same power and Mitchell, and J6ennings, that the negro John authority in the one case as in the other. He was held and treated as a slave by John G. Ba- m ay at the same time provide the means of con and his father; that th'e mothler of this ne- resortingr to either or both modes of capture. gro was a slave all her lifetime, and bougfht and Yet, when it is alleged in the indictment that sold as such.' the one or the other was'adopted, the allegation Further than this, the pedigree of the negro being material, the proof must support the and the status' of his ancestors were not attempt- charge. ed to be, traced. Nor was it necessary. For, You will, therefore, determine from the eviwere it traced back to the maternial ancestor of deucnee, whether or not Jennings held the negro 1785, no better evidence: would or oul b fur John by virtue ofothe power of' attorney from nished. It then could onlybe provecld that the Bacon, at the time the rescue was made. If ancestor was a slave, by showing: that she: had you find'in the affirmative on this priposition; malrks.of African descent, and was bouight and then the inquiry is, was the defendant implcasold as a slave, and held as siclb. This is pre- ted'in the rescue? cisely the evidence and the onlyevideunce neces- If the persons who constituted-the assemblage sary to:show the slavery and service:'which this at Wellington on the 13th of September, 188, negro owed' to his master. Ilhad come together'for the o eose, 18hen bdcome" tTehrfor'the Purpose, or we It is like any other question of status of the there, w gere engaged in rescuing a fugitive slave relation of one person to anotlher, which may from those authorized to capture and hold bihn be 8shown by:the facts ad; circumstances at- under the statulte of 1850, they were engaged tending that relation. Tshisy be illustrated in an unlawful act, and watever was then said by the familiar -e;ase of heirshi T6o establish and done by one; iii the t ro6seeutioun of the enbthe fact that A. is the' heir f B, it is niecessa- terprise, Were, to all intents and purposes in ry to prove that there was a lawful marriage law, the' declarationS and aCts of all. To imand cohabtation, and B. the issue 6f that mar- plicate each and all, however; it must appear OBERLIN-WELLINGTON RESCUE. 87 that there was a concert of action for the ac- After the above charge was delivered, Mr. complishment of an unlawful purpose. BACxUS arose and said:It is claimed by the prosecutor, that the cvi- The defendant asks the Court to charge the dence establishes the riotous and unlawful char- Jury, acter of the assembly gathered in and about the 1st. That in order to warrant a conviction in hotel at Wellington, in which the negro wvas this case the testimony must show beyond a confined. And the implication of the defend- reasonable doubt, that the defendant, as- charged ant in the rescue is urged on the ground that in said indictment, did " unlawfully, knowingly, the crowd in which he llingled threatened to and willingly" rescue, or assist in rescuinr the demolish the building, unless the fugitive was negro John from the custody of the said Ansurrenderedl- that the people assembled gave derson Jennings, the said Jennings then and angry demonstrations-of violence with firearms there having him in his custody as the agent of in their hands, and actually rescued the fugitive the said John G. Bacon; but that if the testifrolm his captors. And the further fact is urged, mony shows that the custody was in Lowve by as showing concert of action on the part of the virtue of a legal warrant, or leaves it in doubt defendant and the crowd, that his buggy was whether said John was, at the time of such stationed at a convenient distance to receive rescue, ill the custody of said Jennings, as such.the negro, that the fugitive was tumultuously agent, or in that of said Lowe, then and there placed in it, and his escape effected by the de- claiming to hold him by virtue of -such legal fendait's driving rapidly away. process, then the defendant should be acThese are matters of evidence entirely for quitted.:the consideration of the jury. 2d. That such custody could not, at thle same And yet, if these facts are as claimed by the timte be in said Jennings as such agent, and in Governllent prosecutor, the defendant is not said Lowe, either under and by virtue of legal guilty of the offience with which he stands process, or by virtue of any other claim. charged in the indictment, unless it is proved 3dcl. That the power of attorney in question, that he acted knowingly and willingly. In in order to be valid, must be shown to have other words, it must appear that he knew the been acknowledged as alleged in said indictnegro was a fugiti ve from labor and was lawv- ment, by said Bacon, before Robert A. Cochfully detained by the person or persons who ran, Clerk of the County Court of t;lhe county held him captive; or that he acted under such of Mason in said State of Klentucky; that the circumnstances as to show that he miglht have said Cochran certified, from his own personal had such knowledge by exercising ordinary pru- knowledlge, to the identity of said Bacon. But dence. that if the acknowledgment was made in no Usually, a man is presumed to know and in- otheri way than by the appearance of said tend the legal consequences of his own acts. Bacon before some other person, whether such It will not answer to say that he can close his person were or were not authorized by the eyes and ears against the means of knowledge, laws of Kentucky, to do whatever the said and rush deaf and blindly into the performance Cochrhn, as such clerk, could legally do under of that which the law declares a crime. WTere the laws of Kentucky, then the power of attorit otherwise, excesses against legal process in ney was not acknowledged before said Cochran, mnany cases might be indulged in with impunity. and this material averment in the indictment Criminals, might be rescued from lawful caption, is not proved, and the defendant mnust he acon the plea of mistake or misapprehension. quitted. The language of the statute should receive a 4th. That althoughl the deputy clerk, who is reasonable interpretation. shown to have been the person before whom Gentlemen of the Jury, I have, as briefly as the said Bacon in fact appeared fbr the purpose possible, given you the rules of law which are of making this acknowledgment, may by the deemed to be applicable to the case. The cvi- laws of Kentuckyr, be a legal officer," and dence submitted, I leave in your hands without therefore authorized by the Act of Congress to any comment, as the questions of fact are for take such aclknowledgment; yet the acknowlyour determination. edgment in this case neither purports to have This case, like every other which is tried in been made before him, nor is it averred so to a court of justice, should be divested of every have been made in this indlictment; and therething that is extraneous. It is to be determined fore such authority can add nothing to the vaaccording to the law and the testimony as de- lidity of this acknowledgment. livered to you in Court. 5th. That the acknowledlgment in this case is Much has been eloquently said by learned void, because it is not certified under the seal counsel that would be entitled to great weight of the officer before whom it purports, through and consideration if addressed to the Congress a deputy, to have been taken. of the United States, or to an ecclesiastical tri- 6th. That in order to find that John was a bunal, where matters of casuistry are discussed slave, and owel'service to said Bacon, they and determined. mnust find from the testimony, that by the laws It is your dluty to take the case and return a of Kentucky, a person in the condition of John verdict according to the evidence. at the timle of his alleged escape, mnight be 88 HISTORY OF THE legally held to service as a slave;,that John mine, whether William H. Richardson was or was, in fact, the slave of said Bacon at the was not a deputy clerk of Mason County Court. time of such escape and of said alleged rescue; If he was, his official acts were the acts of Mr. but that, if the testimony satisfies them that Cochran who it is admitted, was the clerk of said John G. Bacon derived his title to said that Court. " Qui ffacit )Cr aliumfacit er se," John by descent from his father, who died leav- is a maxim that obtains everywhere. ing five other children, all of whom are still 4th Request -Was complied with. living, the presumption is, in the absence of 5th Request -Judge Willson refused to charge testimony showing that a division had taken as reque'.ted. place of the property of their father, that 6th and 7th Requests,- Judge Willson refused John was, at the time of his escape, and at the to give special instructions because the points time of the alleged rescue, the joint property were covered by the regular charge. of all the children; and, therefore, that the 8th Request- Refused. Held that the deaverment of ownership is unproved, and the fendant was bound to make inquiry as to prosecution must fail. whether John was legally held or not. 7th. That before the defendant can be held Court adjourned till 2 o'clock. liable for the acts and declarations of those constituting the assemblage of persons, who are The record of the afternoon's occurrences is claimed to have been instrumental in the rescue so accurately given by the Reporter of the of John, the jury must be satisfied that all ofLeader, that we quote it entire, save that assemblage, whose acts were given in evi- the l dence, were there for the common purpose of the last two clauses, for which we substitute the illegally obstructing the claimant in the reclama- account of the Evening HIerald. tion of John, and that the said defendant there and then was acting in concert with them. The Court convened in the afternoon at 2 8th. That if the defendant, in his connection o'clock, and a verdict having been agreed upon with the rescue of John, was honestly of the by the Jury, they came in and took their seats. opinion that John had been illegally seized upon, The prisoner being' present, the question was and was being carried away in violation of law; put by the Court - and the claim of right so to seize and carry him " Gentlemen of the Jury, have you agreed away, were given, by those who had him in upon a verdict?" custody, to be by virtue of' a warrant in the W" We have, your Honor." hands of said Lowe, then the defendant cannot " What is your verdict, Mr. Foreman?" be convicted of the crime charged in the indict- " GUIrLTY." ment. The room was filled with spectators, who h eard and received the verdict with quietness. In answer to the above, the Court gave the following special instructions:C- It had been expected until the last moment, but when the Judge charged the Jury in the 1st Request — The proof must show, as I have forenoon, at the request of' Mr. BACKUS that it already said to you, that the fugitive was held was necessary to find it proven by the prosecuby virtue of the power of attorney, and not by tion that the boy John was taken and held by virtue of any other legal authority or process. virtue of the power of attorney and not by the 2d Request - In legal contemplation such warrant - then some hope was entertained that custody could not be in Jennings, the attorney, the decision would be for the defence. But the and in the marshal, by virtue of' lwful process, deed is done and the fiat has gone forth that at the same moment. And it is proper and im- -Bushnell must submit to the penalties' of the portant fbr the jury to refer to all the testimony Fugitive Slave Act. fobr the purpose of ascertaining whether any This case having been disposed of, the Dis-'legal process was used in the arrest and deten- trict-Attorney called the name of' Charles tion of the negro. Because, unless the evi- Langston as the next case. The defence redence clearly shows that a legal process was marked that they were ready in none of the used, the fugitive cannot be considered as held other cases except that of Prof. Peck. The by process at all, and although the slave might District-Attorney insisting upon that of Mr. have been taken in the first instance upon a Langston, Mr. Spaldingy thought they might be void warrant, it was nevertheless competent for ready with that case by the time the new Jury the attorney, by virtue of his power, to take was ready to proceed. and control him at any time afterwards, and in Judge WILLSON said the present Jury was Ohio no presumption exists that a man (black one struck and selected for the term, and it was or white) is properly restrained of his freedom, proper that they should try all the cases. except on clear proof of legal authority for that Mr. BAcIus remarked that he was astonpurpose. ished to hear his HIonor intimate that this Jury, 3d Request- The power 6f attorney in order who have sat through and upon this case - to be valid, must, unquestionably, be shown to heard all the testimony, andl who have now in be acknowledged as alleged in the indictment. the presence of the Court rendered a verdict, It is a question of fact for the jury to deter- in which their minds are made up and fixed OBERLIN-WELLINGTON RESCUE. 89 upon all the important points in the case, are to Loring Wadsworth, James Bartlett, be held competent to try another case almost Richard Winsor, Matthew Gillett, exactly similar! The ownership of John — Jacob R. Shipherd, 0. S. B. Wall, whether he owed service to Bacon - whether John H. Scott, Daniel Wailliams, he was the same John - whether he was le- Ansel W. Lyman, Henry E. Peck, gally or illegally arrested by Jennings —and W. E. Lincoln, James M. Fitch, whether he was held by virtue of the power of Henry Evans, Ralph Plumb. attorney or by the warrant - all these points had been heard and determined by these men, These gentlemen being gathered together and could it be pretended that they would come were requested by the nmarshal' to enter their to another trial with no opinions formed in recognizance for their appearance on Monday their own minds? Why, it was an unheard of morning. This being objected to, he, on his and a most villanous outrage on the sense of own authority and responsibility, offered to let justice of the civilized world, and no one of the them go home, if they would give him their defendants would so stultify himself as to at- parole of honor that they would return on MIontempt a defence before such a jury. He had day morning, with the exception of Mr. Bushnever known or heard of such a mockery of nell, whom he would be obliged to retain.that justice which should prevail in every Court. Through Prof. Peck as their spolesman, and It was a terrible, not to say a monstrous pro- according to the advice of their counsel, they ceeding, the like of which had never been passed a resolution by which they agreed after known since courts were first in existence. due consultation to inform the marshal that, inThe COURT remarked that the Jury would asmuch as the District-A-ttorney had placed decide each case upon the evidence offered in them in his custody they would remain there -that particular case, and there was no occasion until relieved by due course of law. They for excitement or intemperate zeal' to be ex- would give no bail, enter no recognizance, and hibited, as the rule would be enforced. make no promises to return to the Court. Judge SPALDING then announced that if a They. said this with hearty thanks to. the Jury who had settled upon a' decision upon marshal for his courtesy in the treatment of his every important point except identity, were prisoners. expected to try every case, then the District-. This decision having been made known, the Attorney could call the accused up as fast as marshal informed them of the necessity of plache pleased and try them, for neither would ing them in confinement, to which they made they call any witnesses fobr the defence nor ap- no objection., All this time the outside passage pear by attorney before such a jury. and halls (the doors having been kept locked) "Very well, replied Judle BELDEN, - were filled with an eager crowd watching and "then I ask the Court to order these men all waiting for an insight into the Temp)le of Justice, into the custody of the marshal." and waiting for the exodus of the prisoners. At The COURT then ordered the marshal to length the door opened, and the marshal, arm in take the prisoners into custody, when Judge arm with the venerable and white haired Mr. SPALDING requested that their recognizances Gillett, headed the procession, while after them might be cancelled. The Co URT also ordered came the culprits two by two, with their shawls, the marshal to send immediately for such of the carpet-bags and valises, all arrayed and equipped indicted as were not in the Court-Room. for a few days' visit to WVightman's Castle. Court now adjourned to Monday morning at On arriving at the jail they were kept wait10 o'clock, the counsel for the defence giving ing for some time in the rain, while Sheriff notice that they should consider it their duty to W.ightman hesitated about receiving them as challenge the Jury at that time. Before the prisoners unless advised to do so by the County adjournment of Court, the DISTRICT-ATTOR- Commissioners, fearing that the county propXEY moved that the defendants be released erty might be endangered, and wishingr some fiom the custody of the marshal on renewing advice in the matter. Ultimately he received their recognizances with sureties to the satis- them as guests, until the decision of the Comnfaction of' the clerk. missioners was made known. After a long and The Co U IT replied that the terms heretofore anxious session those gentlemen reluctantly complied with would be sufficient, namely, per- consented to the use of the jail for the purpose, sonal recognizances in the sum of $1,000 each. and the accused were received as prisoners. Immediately after the adjournment the room They are, however, well cared for, provided was cleared of all save the following persons, with apartments in that part of the jail kept as who had been called up by the marshal as the a private dwelling, are well fed, and treated accused (a few had previously gone home on with every kindness and courtesy. permission of the District-Attorney), their So far are they from being cowed by their counsel, and the marshal - imprisonment, that they enjoy themselves as well as is possible under the circumstances. Charles Langston, Wilson Evans, Last night most appropriate and affecting religJohn Watson, David Watson, ious services were held in their apartments. Simeon Bushnell, Eli Boies, They have been visited by large numbers & 490 ~HISTORY OF TH.UE sympathizing friends from among the best of windows of the new Court House building ocour citizens, and their residence in the jail con- cupied. A large number of ladies were in the fers disgrace on none but those whose malice, crowd, in addition to those admitted by the sent them there. Sheriff to the private apartments of the jail. The crowd was of the highest r spectabiity, " Stone waells do not a prison mjake, and numbered between six and seven hundred Nor iron bars a cage; Minds innocent and quiet take persons. That for an hermitage." Professor Peck stood just inside the doorway of the jail, and from that point conducted the Last night they had beds made up in the up- exercises, which he opened with a short prayer. per range of cells, where they slept. To-day The immense congregation then united in they are in the upper room of the jailer's resi- singing the hymn dence, where newspapers and writingr facilities ",,, _, x," M y soul be on thy guard, have been furnished them. Ten thousand foes arise; Sheriff Wightman has treated them with The hosts of sin are pressing hard kindness and courtesy; at the same time they To draw thee from the skies." are strictly confined within the walls, and no A portion of Scripture was then read, a -departure allowed from the regular discipline prayer offered, and the congregation sung the of persons in their condition. hymn We understand that this afternoon the pris- "Am I a soldier of the cross, oners will be visited by a large party of ladies. A follower of the Lamb? from the congregation of' the Prospect Street And shallIfeartoown hiscae, ZD^. 1 ^ * 5 1 1 1~Or1 blush to speak his name'?".-Church, accompanied by many other ladies residing in the city. Professor Peck then read his text from To-morrow afternoon, about half past two Matthew 9: 9. o'clock, Professor PECK will preach to his "And as Jesus passed forth from thence, he saw a "brethren in bonds," and such of the citizens mal nanmed Matthew, sitting at the receipt of cusas can be accommodated, in the jail. tom; and saith unto him, Follow me." It is of the utmost importance to men that Perhaps no better idea could be given of the they clearly apprehend the great law of rigJht. state of feelingY inside the prison, than may be Do they know that law; they are prepared to gathered fro the to extracts next folloing, ascend from the knowledge to virtue and wellaathered^~~ * * being. Are they ignorant of it that ino the first of which is cut from the Eveninf Hf r- sinks them ignorant of it that i rance sinks them to deepest sin and woe. ald, of Monday, April 18, and the second from There are but few, however, who can apprethe 3Morning Leader of the next day. hend the law if it is stated to them in a merely dogmatic form; and fewer still are those who, THE O:BERLIN RESCUERS. zknowing the law, can reduce it to details; who can frame for themselves a logical system of The Bond Preaching to the Free! ethics. The infirmity of the human intelligence EXTRAORDINARY SCENTE~. which prevents its comprehending abstract The jail on Saturday afternoon appeared rightness has been kindly recognized and pro-,more like a fashionable place of resort than a vided for by our Great Father. Making prison. Hundreds of ladies and gentlemen of account of it, He sent here his Son in the form the highest standing called on the Oberlin pris- of a man, to embody in an apprehensible way Loners, and left them but few intervals during the law which lays its precept upon us all. In:the day and evening for rest. On all sides they the discharge of this errand, the Good Teacher were greeted with assurances of sympathy and seldom taught duty in an abstract way. He respect, mingled with severe comments on the simply said to men, as he did to the tax-gatherer.extraordinary conduct of District-Attorney in our text, Follow me. BELDEN, in ordering their arrest in violation of The doctrine thus taught was easily compre-all precedent and in contempt of all decency hended. Untutored "common people heard and propriety. him gladly," and even children learned from On Sunday afternoon, according to previous his lifb the truth they had need to know. notice, Professor PECIK, one of the Oberlin lWhen the. Divine messenger left the world,.Rescuers committed to jail to await trial, pro- he commissioned and inspired men to put on ceeded to address his brethren in bonds and lasting record the life in which he had displayed such of the free as chose to come. The hour the law. So Matthew, the business-man, and appointed was half past two o'clock, and at that Mark, the plain, farmer-like man, and Luke, time an immense crowd had gathered around. the cultivated man, and John, the susceptible the jail. The extensive jail yard was literally man, wrote the story; each telling it in his packed with human bodies, the space and street own way. Thus the world got glad-evangels, beyond filled, every roof' and shed that afforded which, written from different points of study, a prospect of the preacher, crowded, and the agreed in well presenting the common theme OBERLIN-WELLINGTON RESCUE. 91 —.the life which showed the law. In this way, III. That the spirit with which Christ carried saoe and savage, were provided with the out his Father's will, illustrates our duty. means of knowing just what God would have His was never a grudging nor a self-seeking them do. They had but to follow Jesus and service. He gave up himself to his work. He the law would be fulfilled. And in following assumed that he could not accomplish the will, tlhe blessed Christ we find our law. It will, which was his law, without inconvenience and'therefore, be profitable for us to consider a loss to himself. So he went his way, expecting few of those things in the life of Christ which sorrow and pain. And when sorrow overtook have a bearing on or illustrate our duty. him, he cheerfully bore it. The indignities with We cannot but notice, which the ungrateful compensated his love, did I. That the life we are studying was always not disturb him. The butfetings and mockings pervaded by regard for the Father's will. with which his persecutors assailed him, as they In infancy, he replied to the chidings of his crowned him with thorns, clothed him with purmother, who sought him as he lingered in the pie, and put a sceptre of reed in his hand, did temple, "W Wist ye not that I must be about my not move him. Serenely did he bear that keenFather's business;" and when, on the last night est grief which he suffered, when, looking from before his crucifixion, a bitter cup was put to the judgment-hall, he saw his most beloved dishis lips, he only said, " Not my will but thine be ciple hiding in the distance, and his boldest one'done." openly giving himself up to -treachery. And Nor could any thing ever divert him from ac- the last words which trembled upon his dying complishing that will. W hen an arbitrary so- lips were, " Father, forgive them, they know not cial law forbade his associating with publicans what they do." and sinners, he firmly kept on his own way, say- It will be well for us to note here that it was ing oily, " I came not to call the righteous but the spirit which Christ exhibited which barred sinners to repentance." And when civil law: the mischief which had otherwise come of his comnficted with the Divine will, by pronouncing refusal to obey human law, when that law conthe gospel he taught an illicit system, still did tradicted the Divine will. His disobedience of he not pause. He would preach, and his apol- Cotsar was not divisive. The State did not sufogy was declared in the comprehensive doctrine, fer from it. A spirit which is obviously benevo"' Render' unto Csesar the things which are Ce- lent and generous never divides. Selfishness sar's, and unrto Godt the things which are God's." divides society. The good-will, which Christ so - Iere, thenWe get our. first lesson. Divine well exhibited, unites men. It is when one folwill is to -be paramount law with us. We must lows Christ in this respect, that kindred and obey God always, and human law, social and neighbors are gathered most closely to him, and civil, when we can. that society about him becomes most compact.. Pursuing our study, we observe, It is the God-obeying, loving spirit which Christ II. That the Divine will was'well expounded has communicated to those Whllo fbllow him, in the life of Christ. It;teaches us what that which has given life to tle social and political will is -that it is not an abstraction, but a liv- institutions under which we live, and are glad. ing principle,'looking to most practical results. Let that spirit be ours. Let us be cheerfuil Describe the life in one word, and that word is in doing our work. Let us, when we are love -" He went about doing good"-such is wronged, give no place to vindictiveness, none the Evangelist's own summary of the career of to any desire but that of good will to all. Jesus. VYisiting the poor, healing the sick, We find a fourth item of instruction with recheering the disconsolate, such were his occu- spect to our duty, in the manner of Christ, in pations. " So it was that Christ set forth his looking for a reward for his labors and pains, idea of the Doivine will. not to any personal recompense, but to the good And we may well note here that it was from to otheirs which'was to follow that labor and his understanding of his Father's will that Jesus pains. He never paused to ask whether his took the gauge of his relations to men. Ordi- merit was recognized; whether the honor dlue nary ties -those of consanguinity, for instance him. was rendered; whether le was to enjoy -did not bind him as they did other men. either present or posthumous fame. It was The need of men, was what inclined him to enough for him to know that the gospel he was them.' As they' were poor, or despised, or sor- preaching was in all time to be life to manly rowing, so did he stand close to them, and the souls; that his beneficence, maintained tlrough greater their want the closer was his relation- all mie ares, by th oe eho should follow him, ship. to them. I miister good to the needy; that the poor This, then, for we pause here for another les- and forlorn would be blessed by it; that those son, is -always the Divine will- that we love "sick and in prison" would be cheered by it, and do good to others, and. that we fix our rela. and that it would strike the iron from countless tionships and distribute our endeavors accord- wretches unjustlybound. This was sufficient ing not to inclination, but to the need of recompense for him. And such should be the those for whose well-being we are called to only reward for well doing, which we: should act.'seek. Is' toil appointed to us; are we called Passing on, we notice, "to suffer for righteousness' sake? " it is enough 92 HISTORY OF THE for us to know that what we'do and bear will The remark' was general in tie crowd, that bless some child of want; that some poor wretcl, were the prisoners in the,custody of' the U. S. who may never know our inanme or realize his officers and Southern slave catchers, instead of obligation to us, will be cheered by the benefi- the friendly care of the County Sheriff, the jail cent influence which we set on foot; that the walls would present but a frail'barrier between ministry of love which we discharge, will, after a liberating crowd apd the incarcerated prisonwe are gone hence, be to parcheld tongues a ers. The numbers and the spirit for such an cooling drop. undertaking were both present, but under the vye need pursue our subject no farther. It circumstances it was well known such a measure will surely leave with us;these pi'actical thoughts: was not necessary. 1. We are in all things t6 follow Christ. There is no position in which weshall need any other rule of life, than the example of the Lord THu, LNCARICERATED.-The twenty Oberlin who has gone before us. When duty is de- citizens who are incarcerated in the County manded, we need not look up-anl abstract law Jail appear to enjoy life as well as they could for our guidance; we have but to ask, "What be expected to do under the circumstances. would Christ do?" And when we can answer On Saturday they had an almost ceaseless round ourselves that Christ would do this thing or that, of callers and friends, and President Buchanan we need not hesitate to' do it ourselves, even hardly holds greater levees than did these men though human law or the customs of men on Saturday afternoon. A large number of should forbid. ladies made the " reception room" (l 2 feet by 2. We: learn how and where we are to find 18) cheerful and happy with their'bright smiles Christ. It is not in the temple of worship only, and lively conversation. There was no lack of or in the closet, that we are to seek our Lord. merriment and laughter, for even the "stern Do we go where the needy are, do we seek out, Oberlin saints" can enliven the routine of life to bless, the wretch who is crunching his last with a hearty laugh when occasion calls for it. crust, thlere shall we find Christ. Do we visit The spirits of the piisoners canll be seen by the the sick-bed, from which fear of contagion has following correspondence which was written for driven others, and there render needed offices, the Plaindealer, but, being accidentally left out, behold there will Christ present I-Iimself. Do was solicited by us:we take the panting fugitive from slavery by A VoICE iROMI THE JUG. - My good friend the hand, and help him on his' weary way, Gray asked me to write this, and said he was pointing him to the Northern Star, so we shall going to head it presently find that," the Man of Sorrows" is also: his sid. L' IHark! from the tombs," by his side. So let us seek our Lord, going as I-Ie always did, when He' was here, where the so I shall save him the trouble, and add for his neediest are. benefit the remainder of' this solemn. stanza And, finally, let us learn from our subject to here is the whole: be satisfied, in all our trials and labors, to be as " -arki! from the tombs a doleful sound; our Master was. Must we submit to toil- did M~y ears attend the cry; not I-e labor to utmost weariness? Are we Ie living men come view the groundl paid for our self'sacrifices by the i nigratitule of Where you must shortly lie." those we bless -was not He repulsed even by Ap'OpOS to this sacred quotation, scme one. those lHe healed? Are we persecuted for in the farther part of the room is just now sayrighteousness' sake, and taunted and buff'eted by ing that Mr. Anderson Jennings, to whom'we those who are in power - has not He been in rascals are especially indebted for our comfbrtathe judgment hall before us, and was not IIe ble quarters actually is, as Attorney Belden inticrowned with thorns, and did not deriding per- mated, a distinguished member of a I-Iard Shell secutors mockingly rail at Him as the King of Baptist Church in the ichivalrous State of Kenthe Jews? tucky! Comments upon such a statement are And when we have done all and suffered all, quite unnecessary. Every man. to his own inlet us rejoice to know that we shall have our ferences.. But you are aching for items - senreward in the healing which shall come through sation items. How came we in jail, and how us to some wounded spirit, and let us go cheer- do we feel here? Came we the defendants fully and joyously on our way, kee'pin' in iew here by order of the Honorable U. S.- District Hlim who has trod the same weary way- before Court for the Northern' District of Ohio, on us, assured that as His works followed Him so motion of the U. S. District-Attorney. The our works will follow us, and that the sons of immediate provocation of' the imprisonment sorrow will be gladdened by us even when our seemed to be the extraordinary position taken hands have long mouldered to dust. by the defendants in declining to accept as At the conclusion of the sermon a prayer -competent to decide upon their. liberty the jury was offered, the doxology sung, and the congre- which had just rendered a verdict of guilty gation dispersed, very many previously passing against one of their number. This Mr. Belden through the jail and shaking hands with the thoughtso impertinent as to destroy all his preprisoners. vious confidence in us. tHitherto we have come OBERLIN-WELLINGTON RESCUE. 93 and gone upon our word. But now-we are safe 16th. This article is selected as conveying preonly within stone walls. Not feeling very guilty, cisely the impressions upon which THE TWENwe do feel very happy. We are in jail, and TY acted. though treated with kindness, are none the less prisoners, for Sheriff WVightman is a faithful officer as well as a gentleman, and allows no T7irty-Seuen Free Citiens of Ohio consigned personal feelings to interfere with the rigid dis- o Jail because t7ey Reflsed to be Tried l by charge of his official duties; and here in jail, in a Jury that had Prejudged their lases. the beautiful city of Cleveland, in the Free The Wellington-Oberlin rescue case assumed State of Ohio, we shall quietly lie, not for the a new phase on Friday, and we must occupy a crime of violating the act of 1850, not for the brief space, although our columns have of late charge or suspicion of so doing, but for declin- been filled with the details of the trial of Bushin to intrust o ur liberty totthe keeping of nell, in reviewing the history of this matter, twelve men who had just announced under and in calling attention to the unprecedented oath, their fixed opinion of' the merits of our and unpardonable course of District-Attorney case. Now how cdo we look and feel? BELDEN. We do not know how to characterThe glass is passing freely around, backed by ize the vindictiveness, the malice, the venom, a huge pitcher. The contents are as good as with which the Prosecution calls for the vyenthe dleveland Reservoir can furnish, but still geance of the law upon these men. a little behind Oberlin wells. The Deacon Let us go back to the finding of these indictbrought an armful of exchanges just after tea, ments, merely to remind our readers that one and the genial Junior of the Leader came with as of the men allowed by the Prosecution to sit on many more an hour later. Mr. Benedict had the Grand Jury, was Mr. Boynton, the father already supplied us the Evening Herald. The of the boy, who, for twenty pieces of silver, literarily inclined are therefore buried in news, was hired to deceive and decoy a miserable, igand the rest chatter quietly between. A steady norant' black man into the hands of his captors. current of callers eddies through our room, leav- Here was the first'unblushing outrage upon ing a cheerful'sediment of anecdote, witticism, propriety, - yes, upon decency. discussion, argument, querying, and comfort. The next step in this mockery of fair and Very respectab)le callers these are, too, without honorable dealing, was the empanelling of a exception. Barristers, Editors,'Legislators, Petit Jury, every man of whom was an adhAerent IIerchants, and Clergymen. And now comes of the Democratic party, and one of them a our courteous Marshal Johnson to unite coun- Deputy United States Marshal. We do not say sels with the Sheriff, the Jailer and the ladies, law was violated by this, but we do say - and for the lodgingf of so unexpected and serious an every right-minded person will agree with us addition to the number of the public guests. that this was ungenerous, unfair, and an utter Next comes a fiiend with an armful of books. violation of the dignity and magnanimity beThen a gentleman and some ladies. Really, coming the professional character and position this is a lively evening. But, alas! every echo of a high public prosecutor. It was fit only for of our laughter rings with the hollow premoni- a four-corner Justice's trial on a horse warranty tion of a sundering Union, a disaffected South, question. and an excited community. What shall be The trial was had on the case against Bushdid? Something to quiet the distracted narves, nell, and the jury, very summarily, found'him something to throw another hoop about the part- guilty. 7We are not disposed to impugn the ining Union, something to make still more secure tegrity of these jurors: they acted under the the slippery two-legged property of our unfor- solemnity of an oath each had the intelligence tunate southern neighbors. to comprehend, and the responsibility of which But they are laughing at me for writing for they ought fully to feel. Ilow those men could the Plain-Dealer, and your readers will laugh say - for by their verdict they have so said - so much more yet to see such an abolitionist, that those two Kentucky slave-catchers told the incendiary, Freedom-shriekingKansas-humbbug, truth about that power of attorney, while some Republican, Oberlin article in your columns, half dozen of as good citizens as Lorain County that I may as well stop off. If you feel infect- contains were guilty of flat, deliberate, downed, fumigate yourself with sulphur, dear reader, right perjury, is a matter for them to settle with and be in Court on Monday. their own consciences. We do not arraign them DUNGEONER. for their opinion upon that subject, but proceed CUYAHOGA COUNTY JAIL, )' to the scene which ensued upon the rendition Friday Evening, April 15, 1859, of their verdict. The question came up as to the trial of the As some individuals seem to have misappre- other cases, and.the District-Attorney, in' his hended the true grounds of the committal to vindictiveness, his malignity towards the reprison, ithas been thought best to insert in this maining (lefendants, insisted that each of them Xprison, it has been tb aeared'the isshould be tried by that same jury a jury that connection an editorial which appeared in'the under the solemnity of their oaths, had preCleveland tHerald of Saturday evening, April judged all these cases. 94 >; HISTORY OF THE Let it'.be borne in mind that this jury, bt its part of the Government. The defence dismllssed verdict, had-found that there was concert of ac- their Coun'sel, and refused to stultify tllemselves tion at Wellington, on the part of the crowd of by appearing to accede to such a legal outrage which these defendants were a component part. upon their rights. Then it was the District-AtThat, of course, prejudged the vitapoint i, the torney eixltantly claimed his pl,'ilege of orderre2maining cases. ing Bushnell into the custody of the Marshal; But the outrage upon judicial: propriety and he did more, he moved that those persons and decency, can only bc appreciated by add- who were at large, upon their' own recogniing this fact, that the jury whlei sat upon Bush- zances, be taken into custody. After their nell's case, was a" Struck Jury." What lawyer names were called, and they had entered the ever heard.of a " Struck Jury" for an entire box assigned them by the U. S. Marshal, Ju'dge term of Court? We have it: from the most ex- SPALDINHG 1mo ed, in behalf of the defendants, perienced gentlemen of our bar, from those who that an entry be made on the Journal, showing for years have sat upon' the- Bench, who have the several- recolizances cancelled. This was grown gray in the profession, that a "Struck done, or ordered to be done bythe Court. SubJury" is always confined to the one case to try sequently, the' District-Attorney applied for an which it was empanelled. Ordinarily the term order that these defendants be admitted to bail, dockets do not embrace ceases resting upon like at' anay tinie by entering into recognizances, facts, and in such case the claim of the District- I with sil eties'to the satisfaction of the Clerk. The Attorney that the: " Struck Jury" is for the Judge' made the order, but distinctly said no term, while it would be novel, would not, as a bail or sureties would be required; that is, they matter of course, be'glaringly unjust; but in mnight'renew their own individual reco'gnizances, this instance it is monstrous.' if they saw fit. Then the vengeance of the When the defendants'found that the District- District-Attorney seemed for a moment satisfied, Attorney, in his madness, was determined to and these men were mnarched to our jail, where put them through the wretched fhrce of a pre- thley lie incarcerated.: And for what?'VWhyi tended trial, while the verdict of guilty had for refusizy to be tried by a Jury that had prebeen already pronounced by the Jury be'foire judged their cases. whom they were to be arraigned, they aban- That is the length and breadth of this matter, doned their defence, and Judge SPALDING said, and we rest it here, begging' the people of Ohio in behalf of the defendants, that if compelled to ponder upon this outrage, and to answer to to go before this Jury, they' would introduce'no themselves this question: What is the trial by. witnesses, and the trial would be solely on the Jury worth in Ohio? CH T A.PTE R THIRD. To gratify the reader, it is, made a study,'dent upon the labors of others for its history. throughout this volumoj to avoid repetitions. His deep personal regret that he cannot hold The testimony given on Mr. LANGSTON' S" trCal himself alone chargeable with any errors ofwill usually be introduced in this chapter only omission or commission that miay be detectedwhen it materially differs from that given on the herein, is however sensibly mitigated by the trial of Mr. BUSnINELL. The compiler ac- sincere'pleasure the opportunity affords him to knowledIges his indebtedness to Mr. BACKUts become the recipient of the numberless kind and Mr. GnISWOLD, for the'use of their notesf offices of friends. of the testimony on this' trial, from which his' So much of the testimony as is presented in selections are mainly drawn. The indefatiga- this'chapter may be received with every confible reporters of the Leader- and -of the He:er dence in its accuracy; and it is- believed that ald will occasionally recognize'"familiar pas- but little, if any, of importance has escaped sages" in'this as in' other Chapters, for the selection. privilege of using'which, they need not'be told he gladly makes grateful acknowledgments. TRIAL OF CHARLES LANGSTON. A chain of untoward circumnistances, begin- FIRST DAY. — MONDAY, APRIL 18, 159. ning with. our incarceration, and ending with Court convened at 9. o'clock. On the readthe foundation of this work itself,: so interrupt- in of the Journal for Friday, in which it is ed the compiler's personal attendance upon stated that Charles Langston hadappearedand Court during this trial, that he is mainly depen- given up his recognizance, on his own free will OBERLIN-WELLINGTON RESCUE. 95 and pleasure, the Counsel for the defence ob- to its recollection. The defence stated the case jected, saying that it was on the motion of the as it occurred. Judge BELDEN said that beDistrict-Attorney, that the defendants, Lang- fore he had expressed the hope that the deston being included, were ordered into custody, fendants be ordered into custody, he had said and that; then after they had been taken into that he hoped good security would be given such custody, the defence requested that the in the sum of $500. This case having been recognizances be cancelled. The Journal en- freely discussed and stated, the Court still held try is as follows:-'that the entry was correct. Sole sharp quesFriday, April 15th, 1859 tions and statements being made, Judge WILL-,.April SON remarked that he would state, once-for all, The United States) NTo. 71. - that no insolence would be allowed before the tv. kIndictment for rescuing' a Court, and any counsel using such insolence Charles Langston.5 fugitive from service. ould have his name stricken from the bar. This day comes the said defendant and sur- Judge'SPALDING replied that he had merely renders'himself into the custody of tlhe Court, endeavored to assist the Court in a correct unin discharge of his recognizance heretofore en- derstanding of the case, and if for such statetered into for his appearance at this term of the ments and information, and for his efforts to Court, to answer to the said indictment. Where- shield and protect the right, the Court saw fit upon it is ordered by the Court that the saicd to strike his name from the roll it could be recogrnizance be and the same is hereby dis- done at once. The COURT replied that it charged and cancelled. probably would be done. And it is further orderecljd, that- the said De- The COURT remarked that this present Jury fendant enter'into his own recognizance, With- would be called, and any one of them could be out surety, before'the Clerk of this Court, in challenged if there was an objection. There the sum of one thousand dollars, for his appear- being a vacancy in the Jury, Harvey Rice and ance from day to day during the present term David J. Garrett were summoned by the Mar-. of this Court, to answer to' said indclictment sllal to sit upon the case. Judge ATILLSoN furpending, against him for rescuing a fugitive from ther remarked that as it was impossible to preservice, and, in' default thereof, that hlie be com- vent the Jury from reading the city papers, he mitted to the custody of the Marshal of this should have a reporter authorized and sworn to District, to be by him conveyed to the jail of report the testimony accurately and fully.. Cuyahoga county, there to remain until the Louis Feeser, the reporter for the Law Collegfe, further order of this Court. was selected for this purpose. As no specific Similar entries are made in the cases of all order was issued to prevent other reporters the others, except in that of B13usllnell, in ref- taking notes," we took upon oulrselves the erence to wholml the record is as follows: - uthority to malke our own report. All other' reporters being left to find seats for themselves Friday, April 15, 1859. wherevrer they could about the room - and not The United States): No. 74. - being allowed to sit at the reporters' tables, in v. Indictent for rescuing a the area with- the counsel and the bar, we must.V. Indictmient for rescuingr a Simeon Bushnell. ) fugitive from service. ask for indulgence as to any omissions and mismThis day come ai the parties to this cause. apprehensions, as we were so far removed from' s ay come aa the parties to this cause the witness stand that we could not hear all by their attorneys, the said Defendant, Simeon that occurred. Bushnell, being present here at the bar of the On the question as to whether there was any Court, and also come again the jurors empan- objection to the Jury on the part of the deelled and sworn herein, on Tuesday, the fifth f h fence, Judge SPALDING replied that there was. day of April, instant; and the testimony and e challenged the array on the ground of its n'. 1 1... we challenged the array on the around of its arguments of counsel being concluded, the said being a struck Jury, and although that struckl jurors, after receiving the charge of the COUIRT,Jury, after coming into Court, was adopted as retired to deliberate concerning their verdict, the regular Jury of the term, that dil not reaccompanied by a sworn officer of the Court. move the ojctio. They hd psse upon A, l.. * ~~~~~move the objection.. They had passedl upo'n And now havin returned into Court here, every important -fact in the case except the the said jurors upon their oaths do say, that sole fact of the' identity of the particular dethe said Defendant, Simeon Bushnell, is guilty fendant with the crowd. who rescued the boy, insmannerid and form as he stands chargd'in'and it would be a mere farce to go before them again for justice. Mioreover it wvas' a political And thereupon, on, motion of the District- J Attorney, it is ordered that the said Defendantur, seleted and brouht hereor a spefi be committed to-the custody of the Marshal of purpose. this District, to await the further order of the Jlufi dge BLIfss replied that they wlere not disCourt. ~~~~~~~~~~qualified for acting( and decidingr justly, on the Court. 7n ground of having already passed'upon the facti Some discussion here ensued as to the cor- in the case of Simeon Bushnell, for they must rectness of the Journal entry. The COURT' judgeaccording to the evidenceadduced. Suck remarked that the entry was correct according objections as had lbeen raised had never beW 96 HISTORY OF THE considered as sufficient grounds of disqualifica- to every idea contained in the question at issue. tion. This matter was discussed and argued by Mr. Mr. RIDDLE referred to cases which he had BACKUS, but the Court held that lie might read known of in his capacity as public prosecutor, the indictment to the jury, and make the genwhen three persons were severally and sep- eral inquiry as to any opinion formed, but that arately indicted, when the presiting Judge they would not consume time by such particular ordered the Sheriff to make up a new jury in inquiry. The indictment was then read to the each trial. And it had been the practice in the jury by by Mr. GRISWOLD, when Mr. Bishop was Courts of Northern Ohio, to try before a new asked the questions: If he believed the boy esjury each case under the same or a similar in- caped from his lawful master; if he had made dictment for the same offence, and in this case up his mind whether this Jennings was a lawevery one of the Jury had prejudged upon all ful agent of Bacon; if Bacon made acknowlthe important points in the matter, and it could edgment of his ownership before the Clerk of not be pretended for a moment that the juror the Court; whether: Bacon made out this who had fixed and passed a conviction in his power of attorney to Jennings; whether the mind upon these points, would go to a new boy at the time of the rescue,I was in the custrial with an unbiassed mind. tody of Jennings; whether the defendant The CoURT expressed its opinion to bequite Langston, did rescue the negro boy John, clear, that if the allegation against Langston from Jennings, who held the boy by virtue of was throughout the same as that against Bush- power of attorney from Bacon, whp (Bacon) nell, with the mere substitution of' one name was the lawful owner of the boy; and whether for the other, then that would disqualify the the defendant Langston, was aware at the time jurors in the former case from sitting upon the of the rescue that the boy was really a slave trial of Lancston. It then requested the former held by lawful authority. All of these quesjury to vacate the jury box, and ordered the tions were overruled by the Court as improper marshal to empanel a new jury. to be asked. lMr. BACKUS said lihe proposed Mr. BAxcrus remarked that as objection had asking all these questions of' all the jurors, and been raised to the former jury on the grounds supposed he was to understand that all were of political proclivities, he hoped the Court overruled. I-He then asked the juror what would itself appoint the new jurors, that there means he had for forming an opinion upon the might be no grounds for such complaint here- case.;Mr. Bishop said he had not read the after. The Court, however, -considered that papers, and had not formed an opinion. The the Marshal would proceed with his duty fairly, same inquiry was made of Mr. Garrett. This and left it to him. juror confessed that he'had not formed an The Marshal wishing a little time to select opinion as to the guilt of Langston, but he behis jury, a recess was taken until 2 o'clock. lieved the boy was a slave. This brought up a discussion as to challenging the juror upon this AFTERNOON SESSION. point. The defence asked to have the juror Court convened at 2 o'clock. The followins excused upon the ground of this opinion, but. tle Court declinecl to excuse him.upon that jurors were called to the bar by the Mar- the Court declined to excuse him upon tha ~~~~~hal:- ~~ground. Onl being, further questioned, the juror said that he supposed the slave did escape IHarvey Rice, Irvin K. Bishop, and was illegally rescued. Ile was allowed to David J. Garrett, Charles HIowell, stand aside, being quite too decided a charJohn M. HIughes, Boliver Butts, acter to act upon the jury. Mr. Daniel CleveAndrew Cozad, Levi Johnson, land was called in his place. In like manner S. A. Case, William Burton, Mr. I-Iussey was questioned, the counsel ibr the Sturgis Lyrines, Richard Hussey. prosecution several times interrupting the quesThese gentlemen being severally questioned tioning, but the Court held that it was comipeby the Counsel for the prosecution, replied tent to inquire on such points as would tend to that they had no objection to the enforcement bias a fair verdict. of the Fugitive Slave Law, if the proof showed All of the jurors were similarly questioned. the defendants to be guilty of a violation of Mr. Case, having formed too much of an opinion, the same. Mr. Lynes was challenged by Judge was excused. S. T. Loomis was called in his BELDEuN arid withdrew. Mr. J. H. Crittenden place. was called in his place. Mr. BACKiUS inquired Mr. Howell being challengedl Mr. J. M. Armof Mr. Bishop if he had been present at the strong took his place, but being challenged, Mr. trial. lie had been present a part of the time. B. Brownell was called in his place. The question being asked if he had made up Mr. Loomis wished to be excused on account his mind upon the ownership of John by Bacon, of business at home. Mr. H. B. Platt was called itwas objected to, but sustained by Mr. BAcKus in his place. by argument, that it was necessary to know as Mr. Brownell being challenged by the deto their opinion upon the several averments of fence, Mr. George A. Davis was called in his the indictmlent. Judge BLISS repllied that this' place., was contrary to all %istom to inquire in respect Mr. Butts being challenged by the prosecu OBERLIN-WELLINGTON RESCUE. 97 tion, iMYr. J.;V. Smith was called in his A. Cochran then being a legal oi~cer, and the place. said Mlason County Court then being a legal Mr. Platt having formed an opinion, Mr, Win. Court, in the said State of Kentucky, in which B. Hall was called in his place. said State said power of attorney was executed No further objection being raised, the follow- - did pursue and reclaim the said negro slave ing jurors were sworn:- called John, into and in the said State of Ohio, Harvey R1ice, Richarcl 1-ussey, and did, to wit, on the said first day of October, John M. Hughes, J. 1-1. Crittenden, in the year one thousand eight hundred and Andrew Cozad, Daniel Cleveland, fifty-eight, in the said Northern District of Ohio, John K. Bishop, Geo. A. Davis, and within the jurisdiction of this Court pursue Levi Johnson, J. W. Smith, and recaim the said negro, slave called John,'William Burton, Winm.. B. Hall. he then and there beings a fugitive person as The politics of this Jury were too marked aforesaid,,and still held to service and labor as to escape notice. They stood: nine Adminis- aforesaid; by then and there, to wit, on the day tration nlen, two Filllore Whigs, and one Re- and year last aforesaid, at the District aforesaid, publican, who had no objections to the Fugitive and within the jurisdiction of this Cournt, seizSlave Law. The prelimlinariesbeing arrangred, ing andr arresting him as a fugitive person froom the case of the United States v. Charles Lang- service and labor from said State of Kentucky ston, for rescuing the fugitive slave John, was as aforesaid; - and that the said negro slave opened by District-Attorney BELDEIN, in re- called John was then and there, to wit, on the marks to the Jury, setting forth what was day and year last aforesaid, in the said State of claimed by the prosecution, and reading fron Ohio, at the District aforesaid and within the the law on the point of the recovery of fugi- jurisdiction of this Court, lawfully pursuant to tives. Also, what was charged and expected the statute of the United States given and deto be proved against the deftendant. The in- c!ared, in such case made and provided, arrestdietment against Langston runs thus. - ed, in the custody and under the control of the said Anderson Jennings as agent and attorney United States of America, } as aforesaid of the said John G. Bacon to whom Northern District of Ohio, ss. the service and labor as aforesaid of the said In the District Court of the United States negro slavecalled John, were then and still due for the Northern District of Ollio, of the No- as aforesaid together with one Jacob K. Lowe, vember Term, A. D). 1858. then and there lawfully assisting him the said The Grand Jurors of the United States of Anderson Jennings in the aforesaid arrest, cusAmerica, emlpanelled, sworn, and charged to tody, and control of the said negro slave called inquire of crimnes and offences within and for John. And the jurors afbresaid do farther prethe body of the Northern District of Ohio, upon sent and find that Charlesa Langston, late of their oath present and find,that,.heretofore,, to said District together with divers, to wit, two wit, on the first day of March, in the vear of hundred other persons. to the jurors aforesaid our Lord one thousand eight hundred and fifty- unknown, heretofore, to wit, on the said first seven, a certain negro slave called John, a per- day of' October, in the year one thousand eight son held to service and labor in the State of hundred and fifty-eight, at the District aforesaid Kentucky, one of the United States, the said and within the jurisdiction of this Court,: with John being the property of one John (:. Bacon, force and arms, unlawfully, kno.wingly, and of the said State of Kentucky, the person to willingly, did rescue the said negro slave called whom such service anti labor were then due, Jolhn, thet and there being pursued and reand the said negro slave called John, t8 wit, on claimed, seized and arrested,. and in the custody the day and year last aforesaid, so being held and ceontrol aforesaid, he,, the. said negro slave to service and labor as aforesaid, and said ser- called John, being then and there a fugitive vice and labor being due as aforesaid, did es- fromn and then still held to service and labor as cape into another State of the United States, aforesaid, ffom the custody of the said Anderto wit, into the State of Ohio from the said son Jennings then and there the authorized State of Kentucky: — and that afterwards, to agent and attorney of the said John G. Bacon wit, on the first day of October, in the year of as aforesaid, and the said Jacob K. Lowe, then our Lord one thousand eight hundred and fifty- and there lawfully assisting the said Anderson' eight, one. Anderson Jenningrsthe agent and at- Jennings as aforesaid - he, the said Charles torney of the said John G. Bacon, duly author- Langston then and there well knowing that the ized for that purpose by power of attorney in said negro slave called John, was then and writing, executed by the said John G. Bacon, to there a fugitive person, held to service and lawit, on.the 4th day of September, A. D. 1858, bor as aforesaid,. and pursued and reclaimed, and by him on said day acknowledged before seized and arrested, and held in custody as Robert A. Cochran, Clerk of the County Court aforesaid;,-to the great damage of the said of the County of Mason, in said State of Ken- John G.. Bacon:. contrary to the form of the tucky, and on said day certified by said Robert Act of Congress, in such case made and proA. Cochran, Clerk as'aforesaid, under the seal vided, and against the. peace and dignity of the of the Mason County Court, the said Robert I United. States. 13 98 HISTORY OF THE And the Grand Jurors aforesaid, upon their the Southern District of Ohio, and was then oath further present and find, that heretofore, and there delivered to Jacob K. Lowe then to wit, on the first day of March, in the year and there being a Deputy United States one thousand eight hundred and fifty-seven, a M[arshal for the Southern I)istrict of Ohio, and certain negro slave called John, a person held which said warrant commanded the said Jacob to service and labor in the State of Kentucky, K. Lowe, Deputy-Marshal as aforesaid, to seize, one of the United States, the said John being arrest, and take the said fugitive negro slave the property of one John G. Bacon, of the said called John, then and still held to service and State of Kentucky, the person to whom such labor as aforesaid, and who was escaped as service and labor were then due, and the said aforesaid and him safely keep so that forthwith negro slave called John, to wit, on the day and said Deputy-Marshal should have his body year last aforesaid, so being held to service and before some United States Commissioner within labor as aforesaid, and said service and labor and for the Southern. District of Ohio to anbeing then due as aforesaid, did escape into swer the further command of the said warrant; another State of the United States, to wit, into - and the jurors aforesaid further present and the State of Ohio, from said State of Kentucky; find, that afterwards, to wit, on the first day of — that afterwards, to wit, on the tenth day of October, A. D. 1858, at the Northern District September, in the year one thousand eight of Ohio, and within the jurisdiction of this hundred and fifty-eight, one Anderson Jen- Court, by virtue of the said warrant he, the nings, the agent and attorney of the said John said Jacob K. Lowe, Deputy-Marshal as aforeG. Bacon, duly authorized for that purpose by said, and then and there lawfully assisting the power of attorney in writing, executed by said said Anderson Jennings as agent, and attorney John G. Bacon, to wilt, on the 4th day of as aforesaid, to seize and arrest the said negro September, A. D. 1858, and by him acknowl- slave called John, then and still a ftigiedged on said day before Robert A. Cochran, tive from and held to service and labor clerk of the County Court of the County of' as aforesaid, did, then and there take, seize, Mason, in said State of Kentucky, and on said and arrest the said negro slave called John, day, certified by said Robert A. Cochran, clerk as a fuocitive from and held to service and as aforesaid, under the seal of the said MIason labor as aforesaid, and that the said nefrro slave County Court, the said Robert A. Cochran called John was then and there on the day of then being a legal officer, and said Mason the year last aforesaid, in the said State of County Court then being a legal court, in the Ohio at the District last aforesaid, and within said State of Kentucky, in which said State the jurisdiction of this Court, lawfully arrested, said power of attorney was executed, did pur- in the custody, and under the control of the said sue and reclaim the said nerro slave called Jacob K. Lowe, Deputy-Marshal as aforesaid, John, into and in the said State of Ohio;- by virtue of the said warrant, he, the said Depand, to wit, on the said tenth day of September uty-Marshal, then and there lawfully assisting in the year last aforesaid did pursue and re- the said Anderson Jennings, then and there the claim the said negro slave called John, by pro- agent and attorney of the said John G. Bacon, curing, to wit, on the day and year last afore- as aforesaid: And the Jurors aforesaid do fursaid, a warrant, to wit, at Columbus in said State ther present and find that Charles Langston, of Ohio, from Sterne Chittenden, then and late of the Northern District of Ohio, together there a Commissioner of the United States with divers, to wit, three hundred other persons Circuit Court for the Southern District of' to the said Jurors unknown, heretofore, to wit, Ohio, duly appointed by said Court as such on the said first day of October, in the year one Commissioner, and who in consequence of such thousand eight hundred and fifty-eight, at said appointment was then and there authorized to Northern District, and within the jurisdiction of exercise the powers that any Justice of' the this Court, with force and arms, unlawfully, Peace or othe'r magistrate of the United States knowingly, and willingly, did rescue the said could or might exercise in respect to offenders negro slave called John, then and there being for any crime or offence against the United pursued and- reclaimed, seized and arrested, States, by arresting, imprisoning, or bailing the and in the custody and control aforesaid, he the same, under and by virtue of the 33d section said negro slave called John, being then and of the act of Congress of the United States of there a fugitive from and held to service and the 24th of September, 1789, entitled " An labor as aforesaid, from the custody of the said Act to establish the Judicial Courts of the Jacob K. Lowe then and there being and acting United States," for the apprehension of the as Deputy-Marshal as aforesaid, and then and said negro slave called John, then and still a there having the custody of the said negro slave fihgitive from and held to service and labor as called John as aforesaid, and then and there aforesaid, which said warrant, bearing date the lawfully assisting the said Anderson Jennings, 10th day of September, A. D. 1858, was duly agent' and attorney as aforesaid: he, the said issued under the hand and seal of the said Charles Langston, then and there well knowing Sterne Chittenden, as Commissioner as afore- that the said negro slave called John was then said, and directed to the United States Marshal and there a fugit ive perlon held to service and and to any Deputy United States Marshal of labor as afbresaid, and pursued and reclaimed, OBERLIN-WELLINGTON RESCUE. 99 seized and arrested, and held in custody as on the paper, my deputy still doing the writing. aforesaid; —to the great damage of the said I had him put in also the last two lines: " The John G. Bacon; — contrary to the form of the said parties are personally known," etc. There Act of Congress, in such case made and provi- is no statute prescribing the duties of a deputy., ded, and against the peace and dignity of the They take the same oath as the principals, and United States. do the same things. On the previous trial I G. TW. BELDEN, i. S. Attorney. did not swear that I had no personal knowvledge of this acknowledgment. Mr. RIDDLE set forth the position of the de- Anderson Jenn'ings. Saw John last about a fence, and some of the circumstances which year before I heard he had gone away. First would be shown by the testimony which they saw him in a room in Wadsworth's tavern at would bring forward. Wellington. Knew him at once. [The CouiRTr Mr. John G. Bacon was first sworn. His tes- ruled, in United States v. Bushnell, that neither timony was substantially the same as it had the acts nor the words of the negro were evibeen in the former case, and need not be re- dlence. On reflection, it was now prepared to peated. rule that the acts but not the words were eviJust before adjournment, Mr. RIDDLE re- dence.] Was administrator ofJames Jennings. marked that he understood the Court to intimate Was in Oberlin first some five or six days prein remarks made in the morning, that the Jour- vious to September 13, in search of a boy benal entry relative to the cancelling of the recog- longing to an uncle's estate. Staid a day and nizance of the accused, be struck out and they a lhlf. Did not see John, but heard of him, be released without entering any new recogni- and wrote to Bacon. (Bacon says tie letter is zance, and be considered in the same position lost.) Directed it to James Reynolds, because which they occupied prior to Friday last. The he would get it sooner than Bacon, and told COURT replied that they could go out again upon him in the letter to send it on. Went from signing new recognizances as before. Mr. Oberlin to Sandusky, and thence home. Got RIDDLE remarked that they would do nothing home on Saturday and saw Bacon on Monday. of the kind, and so the matter stands. They; May have been Sunday - was Sunday or Ionwill issue no new papers. day; can't tell which. Asked him if he had got my letter, and if he had sent the power of attorSECOND DAY. ney and witness as requested, and he said he had. Court convened at nine o'clock, Judoe WrIL- HIad sent the power of attorney by Mitchell. soN presiding. Examlination of John G. Bacon I passed Mitchell on the river. Suppose I got continued. Being in substance as heretofore home before Mitchell passed, but he didn't reported. kno-v it. Missed him. Didn't see him. I Prof. Peck and Mr. Plumb are allowed to be asked Bacon to come back. He said he in Court during its sessions, being accompanied could n't. I asked if he thought Loyd would to and from the jail by a bailiff. pay my expenses, or give me any thing if I Robert A. Cochra^n. Richardson was my brought his nigger back. He said he (lid n't deputy, and authorized (objected to and over- knowY. I studicd for some little time and told ruled) to act for me. They lay taxes on slaves him as le had sent the power of attorney at in Kentucky, but whether John was ever listed some trouble at my suggestion, I would come I do not know. Under the laws of Kentucky, back. Started back on Monday. Think I got whatever the Clerk as principal may do, that to Oberlin on Wednesday night about 9 or 10 his deputy using his (the principal's) name may o'clock. Stopped at Wack's. Asked 5M:itchell do. The deputy is appointed by the court on if he had seen John. Got the power of attormotion of the Clerk. A power of attorney to ney. Next morning sent for Warren. Had convey personal property need not be ac- got acquainted with Warren on the first trip. knowledged -for real estate it must be. I-e came. Asked him if he thought there Slave property in our State is a distinct class, would be any difficulty in trying to arrest Frank part real, part personal. A married woman or John. He said he tholught there would. owning slaves cannot part with them unless her Then asked him if he thought we could go and husband unites with her in making a deed. make the arrest after night and get out of town A man can part with slaves by giving a simple before we should be found out. I-Ie said he bill of sale. There is a mixture of habit about thought that would be a very dangerous operathe signature of deputy clerks; some sign their tion. Might get shot and never know who done own name, and some (more frequently so) the it. If we done it in the village at all, better do name of their principal.:Know of no law fix- it by daylight by all means. But he thought ing either mode. the best way was to make some arrangements to get the boy out of town. I asked who would SECOND DAY. AFTERNOON. help us do this. He thought this young BoynI distinctly remember that I came in just as ton would. Went to Boynton's Saturday Bacon and Loyd were passing out, and had night. We was all sittin' in the room together, them come back and make the acknowledg- the General and family, and Lowe and me, ment over again in my presence, as still appears and this little Shakespeare came in and went 100 HISTORY OF THE to asking his father about going to town early platform was over the front door. There was Monday morning, and looked so smart I thought a big crowd; near one thousand. A good many I would try him. So I followed him out doors men armed. I saw forty or fifty armed with by the gate, and told him my business, and guns, rifles, shot guns. Saw no revolvers. Johln offered him ten dollars if he would get John commenced telling what he had said in the out, and ten more for Frank. HI-e said he house; he mentioned that they had the papers would try. Then I thought I ought to speak for him, and he reckoned he would have to go to the old man about it and see if he approved. back. Some one hollered from the crowd, " you Hle (old man) said Shakespeare was capable to will have to go back, will you? we'll see about manage his own business, and he and me could that! " I did not know him. Just then, saw a fix it up between us. negro pointhis gun. I stepped back, gave John Staid at the General's till dusk. Then went a pull and came back into the house. The back to Wack's, and staid all night. This was crowd had stopped him from saying that he Sunday. Don't remember whether I read the wanted to back. They told him to jump down, Bible much that day. Boy came down Mon- they would protect him. I heard them say he day and tried nigger, etc. Told him to tell should n't go back. I saidlnothing to the crowd. John he had gone to the blacksmith's for his Mitchell and Lowe went out with me on the horse, and come up and tell me whether lie had platform. Don't recollect that they said any fixedl up the second arrangement. When he thing. The power of attorney and the come and told me the bargain was made, I told warrant were shown.... Told them that come Lowe and:Mitchell and Davis, that they had into the room, that I was going to take him to better fix up and go on. I had promised the Columbus, to have. him tried, and that they boy $20, if he would get either John or Frank. might send a committee, etc., and that if I could They went, and the boy come back and told not show that I had a right to take him, we me they had got him. He was gone about would let him go. Some of them said they three quarters of an hlour. Paid him the $20, could n't let him go thart, it was too far South. got dinner and went to Wellington, and there Both the warrant and the power of attorney found John. were shown in both rooms. I talked very freeAt Wellington told John I had a power of ly about them; thought that was the way to attorney for him. [The CoUrT ruled that un- succeed. I went further and told them I would less it was shown that defendant Langston was sell the nigger. Some man asked me what I present at this interview, or what passed in it would take for him. This wasthe lawyer. Isaid was brought home to knowledgle of defend- $1,400. He said that was more than he would ant, it, would be obliged to hold it incompe- bring in Kentucky. He said that was too high. tent. DISTRICT-ATTORcA NE1Y iroposed to show I told him I knew better. Mitchell suggested this. The COURT said if he failed to show it, to let them have himn for $1,200. Theyt did not this part of the testimony would be ruled out.] propose to. pay the money. A man in the Persons in upper room asked. if John was a crowd said, "there's a chance now to buy the fugitive, and they were informed that he was. nigger." He said he would pay $5; another Asked if he was a fugitive servantfrom Kentucky. man said he would pay five cents. That's the All persons in the room were thus informed. last I heard of the purse. Showed the power of attorney. The lawyer They were working at the door for some time. and others read it, and I explained it to them. I concluded at last that I would not let any Told'eml they might talk to the nigger. They more in. I held the door. TlSe nigger was in did. the room, myself, and some others also. They Several came into the lower room. I don't undertook to get me away from the door. They recollect that I showed the power of attorney struck through the stove-pipe hole; it went in the lower lroom.... MIr. Wheeler camle in through my hat - hurt my head some. [Hat and asked questions. This was on the lower exhibited.] Should have fell had it not been floor. I-e asked the nigger if he wasafflgitive. for the rope. Don't know what they struck Said he was. I-e then asked him to whom he with. A short time after this Lowe came to me belolnged. Ile said to Bacon. Asked him if alld told me it was not necessary to hold on any he wanted to go back. John said he did want longer. They were putting up a ladder to the to go back. Wheeler asked him if le knew us building. I looked around. The window was (me and Mitchell). Hle said he did. fastened. Patton came and spoke to me.... He said Mitchell lived close neighbor to his I directed the seizure of John at Oberlin. I master Bacon. Wheeler said be believed that, had charge of him at WVellington.... Saw deif he would make that statement on the plat- fendant in the upper room that evening. He form, the crowd would let him go; he thought had no arms. This was half an hour before the they certainly would let lhim off and not inter- rescue. Don't recollect who he talked with, exfere. W5e took him out; this was'from the cept with Lowe. The latter asked him to assist lower room. This was about an hour, or an him in preventing them from taking John away. hour and a half after I arrived — about three He refused to do it, and'said we might just as o'clock, or half past three. I consented, and he well give him up, as they were determined to got up and walked out. I went with him. The have him.:He said, we are determined to have OBERLIN-WELLINGTON RESCUE. 101 him. Don't think he staid in very long. Don't we had better give him up, if they would agree know whether any thing was said in his hear- not to hurt us. Lowe did command several ing about the authority by which John was held. persons to assist him, as United States Marshal, Di(l n't hear all that passed between him and to execute his papers. Lowe.... Eight or ten were in the room; I had my power of attorney in my pocket Watson among them. when Lowe and Davis went to take John. I Cross-examzined. Knew John, but did n't told Lowe of the arrangement I had made know whose son or grandson he was. lie was with the boy, and wanted him and Davis to go some five feet six to eight inches. Was a on and take him, and I would stay and settle the thrifty boy. Never saw Prof. Peck till I saw bills,:and meet them at Oberlin. They did not'him here. Heard of him before - he wrote me take dinner before they left. I left, 1 judged, a letter in the newspaper. Have n't answered at about one o'clock in the afternoon. I did it yet. Don't know as I shall. Heard my boy not suppose Shakespeare would tell. I drove Henry was at; Elyria; got there, and heard he along pretty free. Think- I was an hour and a had gone to Painesville. Went there and half on the road. Fifty people were there found'a worse place than Oberlin. Never see when I got there fiom Oberlin. The crowd so many nicgers and abolitionists in any one collected mighty fast after I got there. I did place in my life! Dayton was with me. They swear that I had difficulty in getting up stairs give us twenty minutes to leave, and then when I first got there. Mr. Smith met me near would n't allow us that! There was a crowd of the stable, and commenced talking to me. I fifty or sixty, armed. Might as well try to hunt dare not talk to him. Saw the crowd gatherthe devil there as to hunt a nigtoer. Was glad ing, and I thought it' I could get the negro out to get away as fast as I could. Kept very close of the crowd, I would slip him off. I did not at Oberlin. Didn't tell my business to many. go to Smith. I stood several minutes, ten or Dayton and Warren were at my room. Mc- fifteen minutes, before I went into the tavern. Millen had a power of attorney to take John I stood there until the old man Watson came when I wrote for one. Don't know whether tearing along. He and another nigger; each Bacon knew he had one or not. S'pose Me- had a gun. I then went into the house. Hfad Millen went and got it for his own use, without difficulty in getting into the house. Do n't Bacon's knowledge. Wrote for one fbr myself, know that I heard the word " kidnappers " that because I had nothing to do with his power of day. Sheriff' came then to arrest us. Did not attorney. Went to Columbus to get some help. say it was for kidnapping. Our own party Thought I'd need all the help I could get. were in the room, and a good many othersTried to get help from Dayton, but he refused. cannot state who. The door was shut. I This was before we went to Painesville. Went called. Lowe came to the door. Do n't know to Columbus for Lowe because I knew him. whether he had to unfasten it. Saw John. iHe Lowe told me I'd cbest Set a warrant. So I riz up and met me. Called my name first. I did. Told Lowe I'd pay his expenses up to told him I had a power of attorney for him. Oberlin, and if we got any of the niggers I Took it out of my pocket, and showed it to would grive him and Davis a hundred dollars. him. John could not read. Heard the boys This was for both between'em. I offered him say they had, showed John the warrant on the this because I knew perfectly well that Bacon road. I asked John if he was willing to go would pay all expenses. He never has paid me with us. He said he was. Did not tellJohn that any thing. Made arrangement with Shake- he would be sold after he got home. Inquired speare on Sunday. Heard what Belden said of him after my nigger. Said he did not beabout my piety. Don't often do business on lieve he had been to Oberlin. Then others Sunday. Did this on Sunday, for fear the nig- kept coming in. They all saw the power of ger might be off. Did n't say a word to Boyn- attorney and the warrant. There was not a ton about my business till after I had made the man that came in there, but that knew of the arrangement with the boy. Never offered the warrant and the power of attorney, and underold man any thing for his help. Watson and stood all about it. I told them I was acting another yaller negro come tarin' up in their under my power of attorney. -I did not hear butgty, with a gun a-piece. Did n't see more Lowe say that he had the nigger by virtue of than them two in the buggy. Did not say on a warrant. He told Scrimgeour that we had the other trial that Watson was the only man I him; then pointed to me and told him I had a could identify that was there. Soon after we power of attorney. He also said he had a wargot there, Lowe come and told me he wanted rant. Did not tell what he was doing with it. me to take charqe of the negLo; he had had no Dickson came in. Lowe told me he wanted to charge of him on the road, though always act- see our papers. I pulled out my power of atmng under me. Everybody was shown the pow- torney, and Lowe his warrant. Lowe took out er of attornley and warrant both. Scrimgeour his first. Cannot recollect what he said. and another fellow come in and tried to get Showed him his warrant, and then told him the nigger out while Lowe was in the crowd about me. We wanted him to know just how read!ing his warrant. Never said I was the we held the nigger. I told him I had him by owner of the nigger. Lowe did say to me that the power of attorney. Lowe did not tell how 102 HISTORY OF THE he had him. This was after John went on to he would assist us. He said he would n't do it; the platform. Wheeler had been in and ques- said we might as well give him up, as they tioned him before going out on the platform. were bound to have him. If Lowe said they John said several words out there. I swore might have John if they would let us alone, it that John did not say what he went out to say. was after John was gone. During the converWheeler said if John would go out and tell the sation Lowe and Langston were in the room crowd what he had told Wheeler, they would where John was. Think Lowe did proclaim let him go. John said that his master had sent himself a United States Deputy-Marshal, that for him; that they had the papers for him, and he had a warrant and ordered them to assist he thought he would have to go. A nigger him in executing his papers. He showed them pointed a gun at him, and cocked it. I did not the power of attorney and the warrant. Don't know but he was going to shoot me. I pulled remember who he called upon to help him exhim in. Patton was in before and after this ecute the power of attorney. A brick-maker too. I showed him my power of attorney. was called upon by the marshal to assist him in Don't remember about Squire Howk. I showed carrying out the law. Did not hear him say my power of attorney to a good many. To that he had a right as marshal to call for assistBennett, to Patton, and to Dickson. Lowe ance.... All the conversation to which I have went out with the papers- took the power of referred occurred in the room where John was. attorney and warrant both. Meacham told Wron't state that Lowe did not take any of them him the crowd wanted to see his papers. Lowe into anothei room. Think he did not. Did not did not want to go. Patton and IMeacham told say to Scrimgeour that Lowe held John by virhim they would protect him. tue of a warrant. Had not been in the room a great while before I took him to the garret. THIRD DAY. - MORNING SESSION. Don't know how long. It strikes me that I saw defendant in the crowd that came in at the After Lowe started, two men came to the door at the time John was taken out. Wouldn't door and knocked. I asked how many were swear positively that Langston was there. Lowe there. They said " two," and I let them in. called Langston in to see the papers. I thought One had spectacles on. They went back by he was a lawyer. Langyston said, "you might the nigger and took hold of him and led him as well give the negro up, as ithey are going to down by the door. I asked what they were go- have him any way." Hie did not tell Lowe he ing to do with him. They said they were going would not interfere. I think me and Patton out. I told them "not with that niigger." Told and Mitchell and Lowe and Davis were there. them if they wanted -to go out they could go. Think this was the first time that Langston was They then requested us to show our papers;,there. by what authority we held the negro. I did Ilichard P. Mlitchell.... I was put in posnot tell him at all that I held him by virtue of session of a power of attorney for Jennings. a warrant. I turned them round and told This is the paper. I was along when this power them "papers or no papers they could not take of attorney was executed. Cochran had an that nigger out'o' that room." This was in the addition made to it after it was made out. Baupper room. It was getting pretty well towards con was there, and Loyd. The addition was -night. Lowe got back before the negro was put to it by the deputy, by the direction of the taken away.:I did not tell Scrimgeour any clerk, Cochran. John is a full blooded negro. thing about the papers. lie knew perfectly I took the power of attorney to Oberlin and well that we had the power of attorney and the gave it to Jennings when he came. I arrived warrant. They did not ask me to go out. They at Oberlin'oi the 6th of September. It was asked Lowe to go out. I would not have gone. Monday night. Jennings.got there Wednesday Patton came to the door and wanted to T-o out. night, the 8tl. I saw John there before JenI slacked the rope to the door and let him go nings arrived. Saw him pass lWackl's house. I out and then they made a rush. Would not knew him. Was satisfied it was h7im. Had no have opened the door except to let Patton out. conversation with him then. The next mornEight or ten in all got into the window before ing after Jennings arrived he left for Columbus. the negro got away. I discovered the men get- He got back Friday nioht. He staid until some tirln in the window soon after the glass broke. time in the day, Saturday. Then he and Lowe They surrounded the nigger and hustled him went into the country. I staid at Wack's. They out. Thinkl Langston come in with the crowd came back Sunday evening to Wack's, after by the door. I saw it was no use and let the dark. Don't know what tilne it was. I staid door go. I did not tell. Patton that I was the there until between eleven and one o'clock on owner of the negro. Saw Langston there about Monday. half an hour before the rescue. Don't know as [The DISTRICT-ATTORNEY informed the he was there more than once. The only time Court that unless Prof. Peck desisted from sugI saw him to notice him was when Lowe was gesting questions to the opposite counsel he there. Patton was in the most of the time. should order him back to jail. Mr. BACKUS Lowe had sent for Langston. Don't know what begged the gentleman to quiet his fears, for he sent for him foi. Lowe asked Langston if Prof. Peck had suggested nzo questions at all, OBERLIN-WELLINGTON RESCUE. 103 and if he had, the gentleman's sensitiveness Saw a ladder put up to this window. The seemed rather out of place.] power of attorney was shown to a number of Found the boy a mile and a half, or a mile persons. I cannot say that any individual was and three quarters from Oberlin. He was in a asked to go out and inform the crowd. I was buggy with Shakespeare. Davis took hold of in the room all the time, from the time I first him first. Davis, Lowe, and I were along. We went in until the negro was rushed out. I put him in the carriage in the back seat with thought Mr. Jennings had the management of me. Lowe drove. I knew John then. I John at Wellington. talked with him about Kentucky. [After the examination of Mitchell was fin[The COUIRT ruled that for the purposes of ished, Deputy-Sheriff Whitney, of Lorain countestimony, all persons whether black or white ty, stepped forward and arrested Jennings and must be regarded as persons; and since the Mitchell on a warrant issued from Lorain Comwords of third parties were not evidence, the mon Pleas against them, upon an indictment District-Attorney could not ask what John found in that County for kidnapping. The said.] United States Deputy-Marshal then stepped Took him to Wellington. Got there about forward and exhibited a Bench Warrant, by two o'clock, P. M. Took dinner at Wadsworth's virtue of which the two were held in custody Hotel in Wellington. of the Marshal for the purpose of having them as witnesses on these trials. THIRD -DAY. - AFTERNOON SESSION. Mr. Thayer, as counsel for the Lorain County officers, stated to the Court that the arrest Left Jennings at Oberlin. Saw him next at was made subject to the claim of the Court, and Wellington, after dinner, up in the room in the he asked this Court tq order, when the witnesses second story. He came into the room. John should be discharged, that they be delivered got up and shook hands with Jennings. Jen- into the custody of the Lorain Sheriff. The nings had been there but a little while when he Court said it would take the matter under adsaid, he did n't like that room - it was too open. Ivisement. The Lorain Deputy-Sheriff made He got one in the attic.... We were in the the arrest and, with his assistants, took seat besame room about half an hour after Jennings side Jennings and Mitchell within the bar cirarrived. Then he took us to the upper room. cle. There the matter rested, and the trial A good many persons came into that room. proceeded.] Don't know whether they belonged to the Mr. Wack, the tavern-keeper at Oberlin, crowd or not. Cannot say whether defendant was then called. was there or not. A man came into the upper Chauncey Wack. Live in Oberlin. Did in room that was called Langston, but I don't re- September last. Saw something of a gathering cognize him. Don't know whether it was de- at Oberlin on the 13th of' September. Tliere fendant or not. Don't know whether he saw were a hundred in the crowd; twelve or fifteen the power of attorney or not. Heard no con- guns. This was at one o'clock. Know deversation between him and Lowe. We were in fendant. Did not see him in Oberlin at all. the upper room about two hours. John was Did not see him start for Wellington. Saw taken out into the porch before going up. Jen- eight or ten start for there. I went. Got there nings, Lowe, myself, and Davis went out with at half past two. A great many arrived at him. Said he was going home - that his mas- Wellington after I did - but few preceded me. ter had sent for him, and that he was going Saw Langston at Wellington in the crowd behome, that they had the papers for him, and he fore Wadsworth's Hotel. First saw him there, had got to go, or was going. There was a large some time before the Rescue. Think about 4,.crowd there. Cannot tell what they were say- P. Mr. Moving around in the crowd. Did not ing. Some were excited. Nothing was done hear him say any thing. He was moving around to John or the rest of us by the crowd. Saw like the rest of' the crowd. When I first saw no guns pointed. Some one called to John and him he was on the ground. There were from asked him if he wanted to go home. John said, three hundred to four hundred in the crowd, it did not make any difference whether he right about the building. wanted to go or not, the law was against him. [During the examination of Wack, Marshal This was all. We then went back into the Johnson very suddenly appeared and removed lower room, but soon went into the upper room. Jennings and Mitchell from the vicinity of the Was in the room when John was taken away. deputy-sheriff of Lorain county, and placed The railroad train had passed before. The them apart from said officer, and outside the door was pushed open. Cannot tell how. A bar circle, and at the left of the judge's seat. considerable of a crowd rushed in and right out The Marshal then removed the Deputy-Sheriff again. There were in the room, then, Mande- of Lorain county, and the officers who were ville and Sciples, I think. Jennings, Lowe, with him, from the bar circle to the right of the Davis, and myself, also. Think the window Judge's seat. was broken- could not'be positive. Think Mr. RIDDLE then asked if Mr. Lowe (who one or two came through the window which I was within the circle) was a member of the heard was broken. This window is in front. bar. Marshal Johnson replied that Mr. Lowe 104 HISTORY OF THE was his deputy, appointed that afternoon, and brought back. Don't remember any thing else had a right to remain within the bar circle. that was said. A remark was made that he The trial again proceeded.] should not call names. Was there but a short... This speech of Patton's was after the time. Think Langston was through befbre I train had passed. It was'but a little while left the meeting. I was there fifteen minutes after this that I saw the rush to take him out. or thereabouts. Saw some of the crowd that Saw Langston on the balcony above. Did not went to Wellington that day. Was there about see him in the rush. It was not five minutes 1 o'clock. Did not see defendant there. Some after this that John came down stairs. The of the persons at Oberlin had arms. Don't crowd cheered some - threw up their hats. know whether defendant lived in Oberlin then. Did not hear defendant say any thing. Saw The meeting was held on the corner of the him moving about in the crowd like the rest of square. There mighllt have been thirty or forty them. Did not see him at the meeting after there. Cannot tell what time in the evening, the rescue. but it was a little after dark. Have not Cross-examined. Knew Langston in 1844 seen John since some time before he was capand 1845. Knew him well. I could distin- tured. guish him at that distance. It was about 4, Norris A. Wood. Live at Oberlin. Have P. i. that I first saw Langston. John had for three or four years. Am acquainted with made his speech before this. The speech was defendant. Have been a year or two: He has made soon after we got to Wellington. Saw made it his holne at his brother Jolln's most of defendant do nothing except move'round. the time. Think he was in Oberlin on the 13th Saw defendant once on the balcony, but of last September. Saw hilm ill Wellington whether it was at the time Bennett was there that day; am not certain as to seeing him at I cannot say. Did not see defendant at either Oberlin. It was the middle of tihe afternoon time the rush was made. Patton wanted them or after, that I saw him at Wellinlton. When to go to Elyria to get a writ of habeas corpus. I saw him the first time, it was between the He was the only one I distinctly heard recom- buildings leading' to the barn, in the alley — mending this. Did not hear many others rec- back of the main part of' the house. I and ommend going to Elyria for papers, but urging another man (Marks, I think), welre sitting on that the papers were right. Heard John Cope- a box when he came up and shook hands. The land and Jerry Fox say they did not care for crowd was all around the house. Guards were papers, they'd have him any how. Heard stationed at all the corners. Some were armed, similar threats from twenty. Don't know who some were not. said they had better wait to see whether the It was hard telling what was said in the soldiers would come. Cannot state any other crowd. The general cry was, to get the lneglro one person that made these threats. Did not away from the Southerners. Some threats see Lowe with Patton when he was on the were made. Don't know that 1} heard stoop. The first rush was about 4, r. zr. Some which held him. Some said they had papersof the threats were about this time; some, at some that they were good for nothinlg -some the time of the last rush. Don't know that I that they kidnapped him. They had it at saw defendant before the first rush. Don't Oberlin and at AVellington, when we first got think I saw him on the balcony when Bennett there, that he was kidnapped. Some contrawas there. There were very few on the bal- dicted it - some altered their minds. Did not cony with him. Defendant might have been hear any one come out and speak to the crowd. there. I thought Davis came out with John I was at the sides of the house, its front, and its when he made a speech on the balcony. Did rear. I was there when the general rush was not see Jennings there. I was in among the made on the back side of the house. This was guns and could not see well. The crowd were fifteen to thirty minutes before the rescue. I excited. Some of them said John had come won't be certain whether Langston went in or out to say he wanted to go home. I noticed not, but he was there on the platfoibrm. Willson Davis with John on the balcony, but no one Evans, John Copeland, etc., were there. Fay, else. Should n't think John had got through I understand now, was the man that stood at with his speech from his appearance. John the door. They were as thick as they could be. Copeland called to John not to say any thing. on the stoop. Defendant was in the crowcd. I thought Davis put his hand on him and he Won't say he went in. The crowd were urgwent in. I got there at 2, P. ar. Was moving ing the man at the door to let them go in.'round. Did not stay long in one place. Some were coaxing, some said they would go George W. Ells. Live in Oberlin. Have in, some said they would shoot, some said they for eight or ten years. Remember the time would shoot the crowd. These were those at John is said to have been rescued. Was at the door..... Langston was with three or four the meeting held that night. Think likely I persons back from the door. TW. Evans, John saw the defendant there. Heard his voice. Copeland, and Jerry Fox were right in the Various topics were spoken of: Don't know gangway. Defendant was, back three or fbur but I heard him say something about what had persons from? the door. Don't know as I can beep done at Wellington. Said the slave was name any others. Evans took hold of the man OBERLIN-WELLINGTON RESCUE. 105 that stood in the door, pushed him in, and then stances under which the Southerners held John. the crowd rushed in. Did not notice that de- Butler came to me and wanted a horse to go to fendant rushed in. He was on the platform. Elyria. Hie was then speaking about the paDid not see him again that day. I then went pers the Southerners had. Said theywere good. round in front. Fifteen or twenty were on Said they could not get John without they went the back platform. The biggest part of the to Elyria to get a writ of habeas corpus to take crowd were in front. The platform is three or John. Told him I had no horse - referred him four feet wide — fifteen or twenty were on it. to Marks. He went to him. Don't know what I left soon after; went round in front. I was said. Crowd were passing back and forth. thought C. T. Marks was sitting on the box Some were saying they would have him if they with me. Defendant came up and shook hands had to tear the house down. Some said they.with me. I spoke to him. This was some fif- would get papers. The report was, that the teen or twenty feet from the platform. I said Southerners had telegraphed for the Cleveland to liim, "there is quite a crowd here." He Grays. Some wanted to go into the house and said L" yes; he thought they turned out well." take him before they came. They said if they Then I asked him what they were going to do. did not they could not get him at all. This I-IHe sail, " they have got the papers out to take conversation was aloneg at different times - not those men - the Soutlierners." I told him the at any one time. Ui was after the train came constable would n't act withoutbonds. He said, in, I think, that I was sitting on the box. Don't they would have him any way; "we will have know how defendant went to 5Wellington. The him any way." Donl't know that he said any first I saw of him, was when I saw him sitting thing about their papers. David Watson came on the box there. I came along Just as they up and asked him where his gun was. He were speaking at the meeting in the evening at opened his coat, and said Lhere's my gun." It Oberlin. Did not hear what was said. I just looked like a pistol. Watson and defendant halted. Heard nothing said about "the law," then went up to the corner of the house, at the except what I have testified. I knew John. I-Ie end of the platform. It was half an hour after worked for me once in Mlay, 1856. In June this that I saw him on the platform in the crowd. also, some, and in Aucust. lie was pretty dark. Dol't know where defendant had been in the A dark nefgro. Think he was a full-blooded nemean time. gro. He had a large leg. One that turned [Just before the hour ofadjournmentthe Co URT back when he stood up. I weighed him in 1856. said the marshal had returned the writ by which He weighed 162 pounds. He was sick in 1858; he held Jennings and Mitchell in custody; that,was bloated. Saw him at Deacon Armstrong's. unless the witnesses could give bail for their ap- Know when he came from Kentucky, only from pearance as such witnesses, the Court would be what he told me. When he was brought out obliged to commit them. The witnesses, Jen- on the platform, Jennings said any one had the nings and Mitchell, said they could not give bail, privilege to ask him any thing. I was the first and thereupon the Court ordered them into the to ask him if he wanted to go back. He said custody of the marshal. he supposed he would have to go back. He Mr. TIIAYER then renewed his request that said they had got the papers for him. Then the Court order those men to be held subject to two or three or more men spoke up. Some the arrest as made by the Lorain County Sheriff, said, "jump;" a good many hollered, "jump so that when these trials are over, they might down," "jump off." John Copeland stood right not be spirited away, and thus escape the offi- beside me, drew his gun by my shoulder, and cers of Lorain County. told John to jump, and he would shoot the The COURT remarked, that the'arrest thus damned old rascal. I stepped down. The gun made was an unheard-of proceeding, and a con- was pointed by me at the man. Soon they tempt, for which the party making it was liable turned round and went in, Jennings taking hold to arrest. of John when they went in. This was before Mr. THAYER replied, that there was no in- the occurrence in the rear, of which I have tention of disturbing the Court, but that it was spoken. Cannot tell the time exactly. Was well known that Jennings and Mitchell had not in the hall when John was rescued. There'is a been out of the building for two weeks, and no portico in front of the Hotel. The hall runs other opportunity was offered for their arrest on through the centre of the house. the indictment found against them in Lorain, Cross-examined. About 1 o'clock in the afand the intention was to make the arrest sub- ternoon I first heard of the capture. ject to the prior claim of this Court. Half an hour after this 1 left. Bartholomew The COURT remarked, that when it had got came along and said they'd got John. I went through with the witnesses, it would be time to down in front of Watson's. There were ten or argue that matter. fifteen there. Lyman was then telling that he The marshal removed the two men into the had met John on his way to Wellington. Was Judge's room, and the Court adjourned.] considerable running. I did not run. I was excited. Did not go down to rescue John. FourTH DAY.-MBORNING SaES SIOUN. I~Know that some did. Marks went with me. Heard nothing in the crowd as to the circum- Suppose he went for the same purpose I did14 106 HISTORY OF THE curiosity. Marks drove. Wack went- with us. for five or six years. Was there September He went to inquire about a counterfeit bill the 13, 1858. Saw some of the people go to Southerners had passed on him. Wack thought Wellington. I saw some of the crowd before the bill was good, but he said he had been to they started. Saw some near Watson's. Some Kellogg's, and they told him the bill was not good. were armed. I did not notice any other weapThis was about two, P. M. Don't recollect who ons but guns. They claimed that they had I heard say he was going to rescue John. John taken a fugitive slave away from there, and they Watson said John was kidnapped, and he would were going after him. This was about two or have John, dead or alive. Cannot name any half past two. I did not go to Wellington. other one that said this. John Copeland was Did not see defendant that day at Oberlin, unthere. Don't know what he said. Some said til the evening. Did not see Jerry Fox in that they had papers for John there at Oberlin. crowd nor Richard Whitney. I am a carpenSome said they were good, and some said ter and joiner. Saw defendant in the evening they were good for nothing. It might have in the street and on the corner of the public been the first time I was at Watson's that square. There was some speaking there. Saw I heard about the papers. Stopped there him at the meeting. IHe spoke there. There perhaps five minutes. Some said they might were quite a number there. Three or four have papers. 2No one - said they had pa- spoke that evening. I was in the meeting half pers. Won't be certain that it was said that an hour or an hour, I should think. Heard those that took John were the same that had what some of the speakers said in the meeting. tried to take the Waggoners. The understand- Defendant was there ten or fifteen minutes of ing was that Mi'unson was one of the men, Day- the time. Heard him speak. He said in subton one, and the Southerners. The cry was stance (cannot give the words). It was a kind that he was kidnapped. That they had got of a history of what -had occurred at WellingBoynton's son to take him out of town. Watson ton. Don't know how he came to give it. The had started before we went. We passed ten or principal thing he said was, that they had been fifteen teams. Did not pass Watson..... to Welling(ton and brouglht John home, or resWe.got a ladder and put it up. Marks helped cued him. Think he stated how it was done, me. He was standing by me when the ladder but I cannot tell how it was. Don't think I was put up. I went up the ladder. Not to could state what he said he had done at Welrescue John. Did not put up the ladder to help lington. He said he was acquainted with Lowe, rescue John. Did it for curiosity. There were and had talked with him. Don't recollect what many others, I suppose, in the same situation as he said the conversation was between him and myself. A man threatened to shoot me. Marks Lowe. Was there when he commenced speak-.followed me about half way up the ladder. I ing. Don't know what he stood on. Saw detold the man at the top of the ladder who fendant when he first got up. Think he spoke threatened to shoot me, " to shoot and be d-d." ten or fifteen minutes. Cannot give the exI went into the hall on the second floor. John pressions he made. was passed down as I stood in the hall. Cannot Cross-examined. Sheppard made the first say whether I was gone when John went off. speech. John Langston the last. Did not cheer. Don't- know as Iheard the cry, Philip Ielly. W. a. as at the meeting in "fetch hih down," before I went up the ladder. Oberlin in the evening, during part of the exDirect-examination, resumed. Langston, in ercises. Defendant was there and spoke to the his conversation with me, said, "we will have meeting. He came on the stand by request. him (John) any way." I was owing John The crowdhollered," Charlie Langston." John money. I-e came to me Sunday evening. Said Langston had been speaking just before. John he was going home. Langston said he was not at Wellington himself,- but he would call on one who was there. FOURTiH DAY. -AFTERNOON SESSION. Defendant then took the stand. HIe went on He had been talking of going home before. to state what had happened at Wellington I paid himn what I owed him. He shook hands while he was there. Said that when he got with me and left. [There was a long discussion there, Lowe sent down for him. That he went upon the admissibility of' this evidence. The up to see Mr. Lowe. That Lowe asked him to COURT, on reflection held with the Prosecution, assist him in pacifying the crowd. Said he told and received it.] He had told me before, in him he would not assist, — would have nothing the' harvest-field, that as soon as he got money to do with it; that it was no use for them to try enough he was,going home to his master in to keep John, for they would have him any Kentucky. Did not say who his master was. way. I don't recollect of any thing else that He started to go in September. he said. Don't remember that I heard him say Cross-examination resumed. Worked for me any thing else. Said they had got him and eleven days in August. Don't know what time brought him back. Did not see John there in August. Gave John one dollar a day. Paid that night. John five dollars then. This was in September, Jacob TW;heeler. About the time I got I think my two last brothers in, three men came into Wm. B. Worden. Live in Oberlin. Have the room, from the back way. These three OBERLIN-WELLINGTON RESCUE. 107 were WVm. Sciples, Walter Soules, and John twelve years. Was there Sept. 13th. Did not M15andeville. They begun to get up quite an go to Wellington. Saw the crowd that went, excitement. Saw a buggy drive up before this. in front of Watson's store. Do not remember The men in it were swinging their hats. Not to have seen Langston then. Was there when muclh excitement before this. The papers were the crowd returned. Saw defendant. Heard handed out to Sciples, Soules, and Mandeville. part of the speeches. Saw the crowd returning They came in in an abrupt way. Lowe called from Wellington. Shepherd spoke first. on theim to assist him in keeping the slave, he [Here Mr. BACiUS arose, and with most deheld, and showed them the authdrity he had termilned manner pointed to Mr. Belden, and ior takincg him.... Told the crowd that Dick- said this farce had gone far enough- he wantson said he hal been in to see the Southerners ed Mr. Belden to say whether he expected to and saw nothing wrong except he did not see show the negro John was in that crowd or not. the seal on the warrant.... Noticed defendant Mr. BELHEN thus pressed did not come to that that afel noon several times. point. The COURT held that what that crowd said FIFTII DAY.- MORNING SESSION. at Oberlin, in the evening after the rescue, was As a general thing, when I saw defendant not admissible unless the negro John was with he seemed to be conversing with Patton and them, and therefore the assemblage was a conothers on the best course and the proper course tinuous act with the doings at Wellington. to be pursued to get the slave. Langston said What the defendant said ill his speech was the best way and only proper way to get him evidence, but that only. would be to take out a writ of habeas corpus. Mr. BELDEN finally said he expected to And he proposed if they would get a horse, to prove the negro was there.] go himself to Elyria for one. I also heard him Shepherd moved for three groans for Dayton speak to others to keep cool. I saw him two and three cheers for the Rescue of John. Said or three times - three or four times, in the af- that Winsor and Bushnell had brought John to ternoon. Hle appeared to be excited, he and Oberlin and he was there then. [Which of Patton were going in when his advice was to course "Shepherd" never said.] Langston keep quiet and proceed legally. Have stated was asked if they had got John. He said "we all that I heard defendant say. have." Said Dayton had gone off on the railCh1.arles VWacdswortlh. Lived in Wellington road his coat-tail flying behind. in September last. Son of the landlord. Saw v Defendant as I was standing on the top of the As we are following the course of events portico. I went away at five o'clock. This chronologically, the spicy episode of the was about four. Langrston came out from the hall into the porch. I asked him if the papers KIDNAPPING OF A WHITE MAN which the slaveholders had were all right. He said it made no difference whether they were properly comes in here. We know that the right or not, they were bound to have John charge of kidnapping is a grave one to bring any way. Saw him walking up and down stairs against an U. S. officer, claiming to act under three or four times. I went away a little after the sanction of his oath, and with the approval the train passed. Don't know that I saw defendant in the crowd. There might; have been of his superiors. But if the facts do not support ten, fifteen, or twenty allowed to go up stairs to the charge to the reader's satisfaction, he may the room where John was, while I was there. write any phrase that seems to him more acEdmund S. Lyman. Been five years in curatelytruthful. Oberlin. Know defendant. Know his brother John well. Don't know where John Langston was on the 13th of September. About the custody of the Marshal to await its further time the crowd left I saw it, but not defend- order. The remaining nineteen who were so ant. I went to Wellington. Saw defendant summarily and causelessly imprisoned were there but not John. Noticed defendant a number of times. Saw him as I was round the ho- ordered into the custody of the Marshal, to be tel standing'round. Was at the meeting at by him conveyed to the jail of Cuyahoga Oberlin that evening Think most of the peo- county, there to await the further order of the pie that were at Wellington heard the speeches. Courtt. But the Marshal choosing to intrust Cannot tell who spoke first, nor how defendant was called out. Heard defendant say that they his prisoner to the custody of the Sheriff also, had been to Wellington and got the slave. Lin- made the same indorsement upon all the coln was mentioning inames and some one said, mittini, commanding the Sheriff in each case " call no names." Heard at Wellington in the to hold the prisoners subject to the order of crowd that the:papers were not right. Defendant was giving the particulars of what hap- the Honorable United States District and Cirpened at Wellington. cuit Court for the Northern District of Ohio, Mlarsshall T. Gaston. Have lived in Oberlin and thus parted with whatever control of his 108 HISTORY OF THE prisoner he might previously have had; the Bushnell he had only to get an order from the committal being precisely the same thing as a Court, and all would be right. The bailiff deposit of one's owfi money to the credit of urged that Mr. Johnson'had sent for the mnittianother. nmus, but was obliged to return empty-handed. This being the state of the custody, about 10 For this singular conduct, the Marshal gave o'clock on the morning of this day - Friday, at various times, and to various persons, very April 22d — one of the Court House bailiffs different and often contradictory reasons. At called at the jail and said that MIr. Bushnell first he plead the relentless order of the Districtwas wanted in Court a ftw minizutes. As Prof. Attorney; then confessed his own motion; then Peck, Mr. Plumb, and occasionally others had urged the advice of the District-Attorney, etc., been wanted, either by their counsel or'the etc. As to the deceit used by his deputy, he Court for one purpose or another, and as per- first denied that he knew any thing about it, feet good faith had been maintained on both then attempted to extenuate it, and finally exsides thus far, there seemed no reason why the plicitly refused to disown or condemn it. The Sheriff should insist upon forms, and be told underlying occasion of the whole transaction, Bushnell to get ready and go. During the however, he uniformly said was a rumor that preparation, the bailiff was careful to. repeat a writ of 7ibeas corpus had been issued by the that Mr. Bushnell was only wcanted in Court a Supreme Court of Ohio, in Bushnell's behalf, few minutes, and would be speedily and safely and he thought if he got Bushnell into his cusreturned. lMrs. Bushnell standing by, was in- tody the writ would be served on him, and he vited to accompany her husband, and together should have the pleasure of obeying it! He with the Sheriff did so. As they were passing earnestly declared that he had never once the door of the Marshal's office, which is on the thought of doing otherwise than obeying it. second floor, the bailiff said carelessly, "Mr. When asked if he supposed the writ would be Bushnell, Marshal Johnson would like to see served upon any one except the person who you barely a moment before you go up to legally had the relator in custody, his replies were Court; " and Bushnell, in his honest simplicity, seriously confused. Still he retained his man. with his wife upon his arm turned into the For six days Mr. Bushnell was kept thus indunoffice, the bailiff and Sherif Wihtman passing geoned in the Court House, with a guard at on to the Court Room. the outside door by day and by night. As his Mr. Bushnell tells us that., immediately on quarters were comfortable, so far as the mere entering the Marshal's presence, he was necessities of the body were concerned, and apart from his wife- invlited into an adjoining there was no attempt to remove him elsewhere, room, and the next moment found himself the sheriff chose to indulge the marshal in his alone, uanl t7he M.ARSIIAL'S prisoner fancy rather than precipitate what might have The Sheriff tells us that he had not reached proved a serious collision. No one could queshis seat in the Court Room before Marshal tion the illegality of the marshal's conduct, and Johnson caughlt his shoulder fiom behind, and the sherifF was not accustomed to shrink firom in quite a fluster demanded the mnitrin us by unpleasant duty; but his personal sympathies which Bushnell was coml-itted to his keeping! were known to be so strongly on the side of his He was answered simply that it was not in his prisoner, that he judged it best to permit the pocket. At once it flashed uponi the Sheriff's duress for the time being. mind that Johnson would doubtless send to the Mris. Bushnell, with her little child, was her jail for it, and some one might thoughtlessly let, husband's constant companion in this solitary it go. Hastening thither, be barely preceded confinement. sure enough -another bailiff, who demanded We return now to resume the current of Mr. "Bushnell's mittimus." Mr. Wightman then Langston's trial. explained that a mittimus could never. be surFIFTII DAY. AFTERNOoN SESSION. rendered, but must remain on perpetual file as the jailer's only protection against a suit fi'om Ai Stem.s l. alert. Lie in Oberlin. Did his prisoner for causeless detention; addinlg, for six oth is, no w defendant. Have t -.' z for six nionthls, perhaps eight.... It was not that if Marshal Johnson wanted the custody of long before some started. Watson went first. OBERLIN-WELLINGTON RESCUE. 109 Scott went. VWilson and Henry Evans, Lin- that, under this proceeding, he proposed to arcoln and Bushnell. Did not see defendant. I raign the Congressional enactment of 1850 as went to Wellington. Got there about 3, P. M. an excess of Legislative power, and an innovaSaw defendant there. Saw him first in a lane tion upon the sovereign prerogatives of the that went from the street to the barn. There State, which alone had power to regulate, by were quite a number, fifteen or twenty in the pains and penalties, the internal police of the alley.. They were talking about getting a commonwealth. paper to indemnify the constable against costs, He insisted that this tribunal was the constiif he served a warrant issued for the arrest of tutional guardian of the personal liberty of the slaveholders. Some one asked Evans if he every citizen of Ohio, and, as such, it was pewould n't sign the paper. Don't remember culiarly fit and proper that it should take cogwho it was, It was some one that was in the nizance of any infringement of this great right, alley. Evans said he would.;Vatson said he whether by the Federal Court or any other had or would sign it. Defendant was talking power. about signing it, or that he would sign. He The Court entered a rule on the United was talking about the paper: either asking States Marshal of the Northern District, and them to sign it, or said he had signed it, or Sheriff of Cuyahoga County, as well as the would sign it. I saw a paper that was handed United States District-Attorney for said Norto Evans, and he stepped to the platform to thern District, to show cause by ten o'clock on sign it. I supposed it was this. Do not know Saturday, the 23d inst., why the writ of hawhat. Some said the constable and two or beas corpus should not issue according to the three men with him had' gone up to arrest prayer of the applicants.- State Journal, 22d. them. Think I heard afterward that the papers The following is a copy of the notice served were served on them, but that they would not on the Marshal, District-Attorney, and Sheriff. come down. The crowd said that those fellows A similar notice was also served on them in the that had the slave wanted to take him to case of Bushnell: Columbus an(l then have a trial. But they said they might as well have a trial there, or at SUPREME COURT OF OHIO, Elyria. These remarks were common through December Term, A. D. 1858. the crowd where I was. It seemed to be un- To wit April 21, A. D. 1859. derstood by the crowd that they would have On motion of Charles Langston, John Wathim any way. Don't remember to have seen son, Lorin Wadsworth, Richard Winsor, James Langston after I saw him in the alley.... R. Shephard, John H. Scott, Ansel W. Lyman, When I got home and had put out my horse, William E. Lincoln, Henry E. Evans, Wilson I went to the square. Think Langston was Evans, David Watson, Eli Boyce, James Bartspeaking. Could not tell whether it was de- lett, Matthew Gillett, Oliver F. B. Wall, Daniel fendant or his brother John. Could not tell Williams, Henry E. Peck, Ralph E. Plumb, what was said. and James M. Fitch, citizens of the County of Lorain, in the State of Ohio, by Mr. Spalding, - At this juneture the DISTRTr-ArTTOr- their Attorney, and it being made to appear that they are restrained of their liberty in the NEY informed the Court that a notice had Just Jail of the County of Cuyahoga by Matthew been served upon him which would require his Johnson, Marshal of the United States for the immediate official attention, and would possibly Northern District of Ohio, and David L. Wightcaill him to Columbus before he coul~d go on man, Sheriff of said County of Cuyahoga, it is considered by the Court that notice of the penwith this trial. He therefore asked a continu- dency of this application be served on the said ance of the case until Monday, which was Matthew Johnson and David L. Wightman, and granted, and at 3 o'clock the Court adjourned also upon George 5W. Belden, U. S. Districtto Monday morning. Attorney for said Northern District of Ohio, to Monday and they and each of them appear before this The nature and grounds of this notice Court on Saturday, the twenty-third day of appear in the following extract from the Cleve- April, A. D. 1859, at ten o'clock, A. Mt. of said land Leader of the next (Saturday) morn- day, and show cause, if any they have, why a ing: - ~vwrit of habeas corpus, in this behalf, should not issue in accordance with the prayer of the applicants. Ordered, that a copy of this jourTHE RESCUE CASE - HABEAS ConRPUS. - nal entry, properly certified by the clerk, be In the Supreme Court yesterday, an applica- served on the parties as the notice of the pention was made by Judge Spalding, in behalf of dency of the above application for a habeas the citizens of Lorain County, now confined in corlus. the jail of Cuyahoga County, by order of the U. S. District Court for the Northern District THE STATE OF OIIIO, SS. of Ohio, for the writ of habeas corpus. I, James H. Smith, Clerk of the Supreme In making his application, Mr. S. remarked Court of Ohio, do hereby certify that the fore 110 HISTORY OF THE going entry is truly taken and copied from the struction to be understood now, not as conferJournal of said Court. ring on Congress power to enact fugitive slave In testimony whereof, I hereunto subscribe laws, but simply as a compact between the my name, and affix the seal of said States that they would not exercise their [L. S.] Court, at Columbus, this twenty-first sovereign power to prevent the reclamation of day of April, A. D. 1859. fugitives from service. JAMES H. SMITH, Clerk S. C. He claimed, in view of all the responsibiliBy H. S. MILLER, Dep. ties in the case, Congress had no more power to enact a law fobr the arrest and return District-Attorney Belden was not a little ex- of fugitive slaves than for the arrest and cited by the above notice. He was heard to return of' a runaway horse. Roger Sherman, threaten that the prisoners should not be taken asserted that doctrine in the convention which to Columbus on a writ of habeas corp-us from formed the Federal Constitution, and the the Supreme Court of Ohio, and that they clause which, it was claimed, authorized the could not be taken to the cars save through the law of 1850, would never have been adopted cannon's mouth! The bravado U. S. Officials in that convention, if it had not been the geneevidently contemplate making the streets of ral belief South as well as North, that slavery our peaceful city bristle with U. S. bayonets! was a temporary evil. The people would The U. S. District-Attorney cooled off enough not have ratified the Constitution containing however by evening to take the train to Co-that clause, ifleading men had not insisted lumbus. Marshal Johnson remained to guard upon it that no difficulty grew out of the anld wait upon his imprisoned witnesses, tlhe clause in question, because slavery was neceskidnappers Jennings and Mitchell, and the con- sarily a temporary institution. So strong was, victed Bushnell, who was yesterday disgrace- the sentiment in the Constitutional Convention, that the phrase "legal service" was rejected, fully decoyed from the county jail to the mar- that the phrase service" was rejected, shal's prison, a-la-fugitive John by the young and in it place the words "service under the villain ~Boynton. V laws thereof" inserted. The argument, against the position he urged, The opening of the case was delayed at the was that it -was expedient Congress should request of the District-Attorney from Saturday legislate to reclaim fugitives from service;.qus t Dsrc n, ftherefore, it must have the power - necessary morning until Monday morning. We have that Congress should legislate, because citizens been able to find no better report of the argu- of the fiee States abhor Slavery, and are ments than is contained in the next two articles, unwilling to return fugitives to their chains. the first of which appeared in the Daily Ohio There was no difficulty in reasoning upon almost any other subject than this one of negrro State Journal of Tuesday the 2Gth of April, slavery. It would seem that men were blind and the second in the same paper of the 27th. on this infernal subject, but to him, it was clear that only a fair knowledge of the English THE APPLICATION FOR HIABEAS CORPUS language and ordinary common sense was IN THE RESCUE CASES. —The application to required to understand that under the Constithe Supreme Court of Ohio, for a writ of tution of the United States, Congress could habeas corpus on behalf of the gentlemen now exercise no power imposing pains and penalin prison in Cleveland for an alleged rescue of ties on citizens of the States for doing what a fiugitive slave at Oberlin, was argued yester- was neither in violation of the laws of those day. Rufus P. Spalding appeared for the States, nor of the laws of God. Whatever prisoners, and the U. S. District-Attorney, power there was belonged to the States. They Mr. Belden, of Canton, assisted by Noah H. had never delegated any part of it to Congress. Swayne of this city, for the United States He asked that the Supreme Court of Ohio Government. should critically examine all the questions inMr. Spalding opened the case, and consumed volved in the application now made to it. Let the whole of the forenoon and a large part of the whole responsibility be met. He planted the afternoon session of the Court in a matured himself; as counsel for the prisoners, on the argument. Constitution of the United States, and of the He contended that Congress had no power to State of Ohio, and there bid defiance to any enact either the fugitive slave law of 1793, or constructionists. If citizens were to be conthe amendment of 1850, but that if it was con- fined for acts of benevolence, let it be done in ceded or decided that the Federal Constitution a constitutional manner. It was important to gave Congress power to enact a law for the re- the people of Ohio that they should know what clamation of fugitives from justice, then it tran- rule of action was imperative upon them. scended its power in the enactment of 1850. Wisconsin had boldly taken its position. The Mr. Spalding traced the history of the form- U. S. Supreme Court had reversed the de ation of the Constitution, and claimed that the cision of the Wisconsin Supreme Court, but the clause respecting " persons owing service "was Wisconsin Legislature had instructed the Court understood then, and ought by any ffair con- to maintain its position. He had no doubt of OBERLIN-WELLINGTON RESCUE. 11 the final result. There was a growing senti- the arguments of counsel on both sides of this ment that State rights must be maintained. important case. lMr. Spalding read numerous speeches and historical statements in support of the positions TIIE APPLICATION FOR HABEAS CORPUS we have reported, and concluded by demand- Ix THIE RESCUE CASEs. - The argument bein thiat as the U. S. District Court was acting fore the Supreme Court was concluded yesterwithout jurisdiction, the citizens in its custody day at noon, and the Court adjourned to Thursshould be discharged. day morning. Noah H. Swayne, Esq., on the Mr. Spalding was responded to by the Dis- part of the U. S. Marshal, occupied the foretrict-Attorney, Mr. Belden. At the conclusion noon with an able, lawyer-like argument, citing of his argument the Court adjourned till nine the cases in which the fugitive slave law had o'clock this morning, when Mr. Swayne will been held to be constitutional by both federal speak. and State Courts, and arguing that with so Mr. Belden understood that there was no many decisions in its favor, and but one, the question before the Court but the simple one of recent decision of Wisconsin, against its constithe constitutionality of the Fugitive Slave Law tutionality, the question ought to be regarded of 1850. If that law was constitutional, the as settled. prisoners were properly in custody. He argued also, the question of constitutionMr. Spalding said he rested the case on that ality, de novo, without regard to adjudications, point, but had designed to call the attention of and held that the constitutional provision, that the Court to the fact that the Ordinance of 1787 flugitives should be given up, granted to Conmade a discrimination respecting fugitives from gress all the powers requisite to carry out the service, in one of the original thirteen States. provision. While he claimed that the law was Mr. Belden said that the Ordinance of 1787 constitutional, he did not assume to defend the was superseded by the Constitution of the policy of enacting so stringent a law, nor deny United States, and had no vitality but such as that great wrongs might grow out of it; wrongs was given it by acts of Congress. He would which would be insufferable. Such was not yet not stop to argue that point. IHe would confine the case, and therefore there was no such case himself to the question - Will the Supreme for this Court to consider. When that emerCourt of Ohio allow a writ of habeas corpus in gency arrived, the emergency itself, as was alfavor of individuals held under a law of the ways the case, would beget the proper remedy; United States? He would present authorities the right of revolution was the only resort of and argue that State courts cannot interfere the people when their wrongs from this law bewith Federal officers, who held persons in cus- come intolerable. tody under the fugitive slave law..Judge Spalding, for the applicants, occupied Against the position of the counsel for the but about fifteen minutes in a forcible and eloprisoners, were authorities of State and Na- quent rejoinder. He referred to the importance tional Courts, of, Legislatures and of Execu- of the case now before the Court, involving the tives. He had but one decision in his favor, liberties of thirty-seven citizens of Ohio, while and that was by a divided Court. History was all the cases cited by the opposite counsel were against the argument of the opposing counsel as raised by the capture of some fugitive slave who well as the authority of Courts. The Constitu- was already far on his return South when the tion of the United States was obligatory alike question of constitutionality of te law was ad, in all the States, and until modern agitations judicated, and urged the Court to give it that prevailed, the exclusive right of United States consideration that its consequence demanded. Courts in cases under examination, was not He argued with great force that if wrongs questioned. Mr. Belden deprecated earnestly might grow out of the -execution of the law that a condition of things in which State Courts would justify the resort to the remedy of a revwould conflict with each other and with the U. olution, it was of the most momentous imporS. Courts in expounding the federal constitu- tance that the resources of the Courts should tion. be carefully investigated, and all legal remedies He held that Congress had no power over exhausted, before abandoning the case to so terslavery, and no power to enlarge or limit free- rible a remedy as revolution. dom — that the Scripture doctrine "do unto He referred to the standing of the citizens others as you would be done by," did not forbid now incarcerated in the jail of Cuyahoga county; slavery -that the demand of the opponents of including all classes, clergymen, prdfessors of the fugitive slave law for trial by jury was pre- colleges, doctors, lawyers, merchants, and others, posterous, and that when men turned up their representing the best people of the State; that noses and declared the law obnoxious, he had this was no case lightly to be disposed of by our only to say it is the law. It is in the Constitu- prejudice or indifference towards an inferior tion - let the laws be maintained. race, but one involving the liberty of a large The argument of Mr. Swayne will be heard number of the first citizens of Ohio; and alludthis morning with much interest. We will give ed to the announcement in the newspapers that our readers the points presented in our next the United States war-steamer Michigan had issue, but may thereafter publish more in detail been ordered by the President to the port of 112 HISTORY OF THE Cleveland to overawe the citizens with her for an alleged violation of a law of the Congress guns, and provide a prison-ship for these cap- of the United States, respecting fugitives fiom tives, beyond the reach of process from the service, passed September 18, 1850; that the State Cour-ts. relators are charged in said indictments with The case has assumed a momentous impor- the rescue, and the aiding and abetting in the tance. The fundamental principle of the law, rescue of a fugitive from service; and that the making a crime of an act which is an honor to proceedings under said indictments are still humanity, and which in such circumstances as pending and undetermined before said District existed at Wellington can hardly be avoided Court. without debasing human sentiment lower than The separate application of Simeon Bushnell, brute instincts; the odious and tyrannical sever- indeed, shows that he has been tried upon said ity of the law; the star-chamber character of indictment and found guilty, and is now in custhe indictment and the trial; the low partisan- toldy, awaiting the final judgment and sentence shipof the Judge; his coarse and indecent stump of the Court. That on being arraigned upon speech charge to the Jury; the determination said indictment before said 1)istrict Court, he, of the District-Attorney that none but a parti- by his counsel, moved the Court to quash the san Jury should try the case; the unmanly ser- samne for various reasons, one of which was, vility of the United States Marshal to the that the law of 1850, upon nwhicli it iwas based, pleasure of' a malignant President; packing is unconstitutional and void; which motion the Juries to indict and'try; not trying a man by a District Court refilsed to grant. A motion to Jury of his peers, but by a Jury of known quash addresses itself to the sound discretion of flunkies; his vanity,'which leads him to a.ra- a Court, and is never granted, except in very vate the difficulty to mlagnify his own impor- clear cases, but the defendant is left to raise tance, and which endangers a collision between tehe question in a more formal way, by demurthe citizens and the Federal officers; the offen- rer or motion in arrest of judglment. The resive attempt to intimidate the citizens by a gov- fusal to grant cannot be regarded as a fnal ernment war-vessel; all these, and many other decision of the qcuestion raised by the motion, circumstances and considerations have combincl d when the point is one which, if well taken, to excite an unprecedented feeling amono the would be available on demurrer or in arrest of citizens of Northern Ohio, and make this ques- jtndgment; indeed, such motion should never tion by far the most important ever brought be- be glranted, if the question is, in any degree,'fore the Supreme Court of' this, or perhaps any doubt;ful, but should be reserved for hearinfg on other State. Grave consequences hang on their motion to arrest the judgment. No judgment decision. We are confident that the question or sentence having be'en pronounced, and the will receive that consideration which its impor- question of jurisdiction being still an open one tance demands; that it will be decided strictly before that Court, we do not think the case of on legal principles, and that the Court will Simeon Bushnell, as to the question of jurisdicshrink from no responsibility which duty in- tion, distinguishable, in principle, fiom that of volves. the other relators. Is it then legally competent for this Court, The Court took the case under advisement, to withdraw the relators from the District and on Thursday, the 28th, rendered the fol- Court, in the custody of' which they now are, lowing decision:~- 1charged with the violation of an Act of Congress, while the proceedings against theml are still pending and undetermined, and discharge SUPREME COURT OF OrIro. them on the ground that the Act of' Congress lion. Joseph R. Sowac, Cidef Justice, and ion. upon which the indictment is based, is unconJacob Brint'erhoff, I-on. Josiah Scott, eion. stitutional and void? Milton Sutlff, anda on. eWilliam V. PecEc, The District Court now has possession of the Judges. L. J. Critchleld, Reporter. case and the parties to it, and has the legal power and capacity to hear and determine for TUESDAY, April 23, 1859. itself, the question of its own jurisdiction and In the matter of the applications of Simeon right to act in the premises. The legal preBushnell, Charles Langston, and others, for a sumption in such cases always is, that a Court writ of habeas corpus. Ithus assuming to act, will determine the quesPECK, J. It appears from the petitions filed tion of its own jurisdiction correctly, until it in these cases, that all of the relators who ask has acted finally upon it. for the allowance of' the writ of habeas corpus Hence it is a rule founded upon the comity are now in the custody of the United States which does, and for the prevention of unpleasMarshal for the Northern District of the' State ant collision, should always subsist between juof Ohio; that they are thus in his custody un- dicial tribunals, that, where a court of general der and by virtue of a mittimus regularly issued jurisdiction and legally competent to detemine by the District Court of the United States for its own jurisdiction, has acquired prior jurisdicthe Northern District of Ohio, on indictments tion dle facto over person or subject-matter, no preferred against them in said'District Court, other Court will interfere with or seek to avert OBERLIN-WELLINGTON RESCUE. 113 its action, while the case is still pending and jurisdiction which they, in the first instance, undetermined. This rule is sustained and sup- must decide for themselves. Subsequently, the ported by all the analogies of the law. See prosecution having terminated by a conviction Smith v. Iver, 9 Wheaton, 532; Hagan v. Lu- and sentence of' imprisonment, the same Court cas, 10 Peters, 400; Taylor v. Carryl, 20 How. allowed a writ of habeas corpus, and discharged 594; United States v. Morris, 2 Am. L. R., 351; Boothe for alleged defects in the indictment, Ezxparte Robinson, 6 McLean, 363; Keating v. which did not bring the counts upon which he Spink,' 2 Ohio State R., 105. IHurd on IHabeas was convicted within the purview of the act of Corpus, 199, et seq. - Congress of September 18, 1850. It is'right in principle, and preventive of We refer to these cases in Wisconsin with no unpleasant collision* between different tribu- design of expressing our assent or dissent to nals. If another tribunal were thus to inter- the decisions under the first and last writs of fere with our-action and withdraw from our cus- habeas corpus; but merely to show that a Court tody a prisoner upon trial before us, and set which had judicially decided -the law to be unhim at large, we should resist such attempt to constitutional, still held that in a case like that the uttermost. And shall we not extend to under consideration, they had no legal right or other tribunals the comlity and the same confi- authority to interfere. dence that we claim for ourselves? On the whole, we are unanimously of the In the recent cases in the State of Wisconsin, opinion that the relators, upon their own showand which' have attracted so much attention ina, admitting the law in question to be unconand remark, this point was expressly decided, stitutional and void, could not be discharged by and that, too, by the same Court which deter- us, if the writ had been issued, and:they were mined the fugitive slave law to be unconstitu- now before us for deliverance. It would be an tional. Ex parte, Boothe, 3 WTis. Rep. 155. idle and expensive ceremony to award the writ The history-of this case is as follows:- to bring the parties here, and for the time, inBoothe had been arrested on warrants grant- tercept the proceedings in said District Court, ed by a United States Commissioner, for aiding when our next duty would be to remand them in the escape of a fugitive slave from service into the custody of the officer who now holds contraryto the law of 1850. One of tie Judges them. of the Supreme Court of Wisconsin upon lhabeas The application for writs of habeas coIpUS copUS, discharged Boothe from the custody of in behalf of the relators, is, for the reasons the marshal, on the ground, that the law of stated, refused. 1850 as to fugitive slaves, was unconstitutional, This view of the case renders an examinaamong other things, in authorizing Commllission- tion' of the other propositions mooted in the arers so to act and issue warrants, and that a war- gument, as to the constitutionality of the Act of rant issued by such officer was illegal and void, Congress adverted to, and the right of the State and a majority of the Supreme Court of that tribunals to interfere with the final action of the State on certiorari, affirmed- the judgment. District Courts in that behalf; altogether unBoothe was subsequently indicted in the Dis- necessary. triet Court of the U. S. for the State of Wiscon- Swan, C. J., and Brinkerhoff, Scott, and sin, for the same offence, and arrested by the Sutliff, JJ., concurred in the foregoing opinmarshal on a warrant issued thereon. Boothe ion. thereupon applied to the same Supreme Court We return again to the U. S. Court. then in session, for a writ of habeas corplus to be delivered from the custody of the marshal; but SIXTH DAY. - (ONDAY) MORNING SESSION. the writ was unanimously refused, on the ground On th c omi n it was stated b.-at.t *~peared - rom thf al-,.lic.tlon,.dhat: - he`On the coming in of Court, it was stated by that it appeared from the application, that he was under arrest upon indictment of a Court Judge BLISS, associate Counsel for the Governhaving jurisdictioni of alleged offences against ment, that District-Attorney Belden was in atthe United States, and that the case was still tendance upon the Supreme Court at Columbus, pending and undetermined. That Court de- where was to-day to be argued the motion for a cided that they had no legal right to interfere in his behalf while the prosecution was pend- writ of habeas corpus. Thereupon the Court ing, even though the law of Congress under said a postponement of the case would be grantwhich he was. indicted, was unconstitutional ed until Wednesday morning, the 27th inst., at and void; recognizing, in its fullest extent, the 9 o'clock. principle and practice of judicial Courts to The Government then asked t which I have adverted.:They concede the The Goverment then asked the Court to privilege and right of the District Court to de- siolle the indictments found against Oliver S. B. termina first and for itself, the question of its Wall, and against James R. Shepard, for the own jurisdiction, and in reply to the claim, that reason that the Grand Jury had seriously misthe law was unconstitutional and void, and that, therefore, the District Court could not have spelled the defendants' names. The nolle as ally jurisdiction, very, aptly remarks, that that entered on each indictment, and the defendants fact, if true, amounts, after all, to a question of ordered to be released from jail. 15 114 HISTORY OF THE It is but proper to remark here that the tence might be pronounced at the earliest conMIarshal notified the Court, not only in the in- venience of the Court. dorslement upon his warrant, but onrally and The COURT replied, that the matter would dorsement upon his warrant, but orally, and be taken into consideration, and that the time with explicit emphasis, upon the first appear- he had been in jail since his conviction would ance of the defendants, that these errors in the be taken into account. indictments were so serious as to be undoubted- George B. Barber. Live at Wellington. Did ly fatal; and farther, the counsel for the de- Sept. 13, 1858. Was at home on that day. fene ata once fartered pleas c ounslfo abtemt Not far from two o'clock the crowd first cornfence at once entered pleas of abatement for menced to assemble at the Hotel. I heard this cause. The defendants were, nevertheless, about this time, that there was a fugitive then obliged to enter into recognizances for appear- in the hands of the Southerners. Some wanted ance and trial, and in all other respects put to to buy him. Some one said they brought him firoml Oberlin. Watson then came up the steps the same inconvenience and expense,andtreat- to the door of the Hotel. Saw defendant ed in the same manner as their differently cir- there, between three and four, P. M., in the cumstanced associates. When the causeless lane. He was going up stairs, or going into order to prison was given, the attention of the the house. There were a good many in the in * ^.. passage. Some standing and looling on, some District-Attorney was again called to these mias si back and forwards. khen I first saoe Inm passing back and forwards. When I first saw nomers, to which the prompt and emphatic, defendant he was ten feet from back porch. if not so elegant, response was - "Go Think he was handing a gun to another man'long!" near there, a man from Oberlin, when I first saw him. i ay be mistaken about his having Eleven days afterward, no farther or other a ghn. e had his hand on a u n and another notice having been served by the defendants, man had hold of it too. IIe may simply have but when it was expected on the one side and put his hand on the other man's gun. Defendfeared on the other, that the Supreme Court of ant then passed on to the porch towards the l a n- n... door. It may have been an hour from the time the State were about to make an official inves- Watson came up, to this time. Saw defendant tigation of the cases, a telegram came from Co- again in the passage-way. He then came out lumbus to Judge BLISS, ordering the speedy of the house, and another man with him, say discharge of the amisnomered prisoners, half an hour after the first. The man with him as he came out wore a broad-brimmed hat. The Court met on Wednesday, the 27th, Heard that his name was Patton. The other pursuant to adjournment. The counsel for the man said he had seen the papers and believed relators at Columbus having returned, every they were leTgal. This was said in defendant's thing was ready for the continuance of the hearing, I think. He was very near. This trial until Jud~e BL~ss informedtheCourtman said he "believed the papers were all trial, until Jude nformed the Court correct. That the only legal course now was that the District-Attorney had not yet returned, to send to Elyria for a habeas coripus to take and the Government found it therefore neces- John." But he said he " understood they had sary to ask a farther adjournment; which was sent to Cleveland for the military — for the granted, and the Court took recess for twenty- Cleveland Grays; and now it is in your own hands." He said " it would take some time to,four hours. go there and back, and it would then be too 0On Thursday morning, Judge BLISS pre- late." He then went out in fiont and addressed sented a letter from District-Attorney Belden, the crowd. Defendant was either ten or fifteen asking a continuance of the case until the fol- feet from this man. Thought he was talking with the crowd. Heard him say to them that lZowing Monday. No reason was assigned to the they had better pursue a legal course if they Court for so extraordinary a request; but as could. Think this man was not so fill in the Mr.lBelden spent the balance of the week in face as Patton, but he might have been. D)ethe1 bosom of his family at Canton, he doubtless fendant was at this time twenty or thirty feet from the door. This I think was an hour and desired:a-respite from his arduous oficial du-it may have been more befbre the Rescue. ties for social recreation and domestic enjoy- There was a good deal said by the crowd. ment. Some said that he should never be taken back South - that they would tear the house down Onl.Monday, May 2, the Government asking -that the "Hook and Ladder Company":of no farther, postponement, the trial proceeded. Oberlin were on the way there to pull down the house. A good deal of excitement. Saw John first through the window in the Bar Room. NINTHt.DiAY.- MIORNING SESSION. Saw a paper in De Wolf's hand. Don't know Judge SPALDIXNG asked that Bushnell's sen- what it was. OBERLIN-WELLINGTON RESCUE. 115 William Sciples. Live at Wellington. Was talked about the slave. Mr. Jennings spoke to there at the time of the Rescue. Saw defend- some one in the room, and told him he had ant there then. Saw him round at the back better go out to the crowd and tell them that door in the first place. About two o'clock, or any of them could come up and see the papers. between two and three, cannot tell the exact I was there when John made the speech to the time. It was after we came from the Court at crowd-just came up as he went out. I got the Town Hall. This was not late in the after- out doors. He came out and commenced talknoon. Saw defendant and several others. ing about going back. Said he would rather Cannot tell whom. I did not see defendant go back than have any fuss. Heard nothing doing any thing out there. Saw as many as a aboutpapers. Heard conversation in the room. half dozen'round there then. They were There were in the room then, Doland, Doctor marching back and forwards. He was then in Wadsworth,' W.'Soules, J. Wheeler, Mr. Jenthe crowd. Next saw him pretty well towards nings, Lowe, Davis, Mitchell, and, I think, Barnight on the second floor, up one flight of stairs, her. I sat down on the side of the bed. John in the hall. Watson, and two or three colored said he was a slave; belonged in Kentucky; men were there, and some white men, five or Bacon was his master; and he knew Jennings. six in all. One or two of the men with Don't remember that he said any thing else. defendant had arms. I started to go down This was before I met Langston in the passage. stairs. There were two or three talking about getting the Writ at Elyria, and thought there would NINTItH DAY. - AFTERNOON SESSION. not be time, etc. Langston said, "we will Saw these men in the hall. They were talk- have him any way befbre they come from ing about going to Elyria after a Writ. Some Cleveland, —before he shall go South." (He said they had sent to Cleveland for aid -for a used both the phrases.) I had gone to get force - that if the aid got there before they got water when John was rescued. I did not get him they would lose him. Defendant said "we it. Crowd at back door knocked down a man. will have him at any rate before he shall go Jake Wheeler threw his coat off and we would South." There was considerable said, but I not let them go up stairs. I did not see the went right along. This was about half an: hour gun taken. It was not over three minutes before the Rescue. These were mixed men; after this before the negro came down.'Ten three or four colored. I had been in the room or twelve rushed up at the first rush. where the negro was kept quite a while before James Bozney. Was at Wellington at work this. Mr. Lowe had called on, me for assist- at the Hotel on the 13th 6f last September. ance. Cannot tell when it was he called on'Saw defendant at 4 o'clock, Pj. Mn. IRe was in me for assistance, but it was right after we the hall up the first flight of stairs. Cummins came from the Lawsuit. I went to the room was with him. No one else was with him. by order of Meacham, the constable. Hie said Cummins told me if I would get the key of the he had a warrant fbr Jennings, Lowe, and front door of the hall for this man (turning to Mitchell. One of the justices of Wellington defendant), he would give me five dollars. had issued it. Don't know what he was going The door was locked. I told him I would not to arrest him for. Soules and Mandeville were sell myself for five dollars. Nothing more was with me. Meacham told them he came to said. I was coming in from the barn. arrest them. Lowe told him he had no right R. E. Thayer. Was at Wellington Septemto arrest them, as Jennings had the power ber 13, 1858. Lived there. Was at the IIotel of attorney that they had arrested the slave about three or half past three o'clock in the on, and that they were acting on. Jennings afternoon. The crowd were trying to get a showed the power of attorney. I saw it. WVe colored man out of the hotel. Heard first that then read it to all that were in the room. Lowe those who had him had no papers. Then said he was acting as an agent, that he had a heard they had. Should think there were warrant - that he was a marshal; cannot say about fifty guns in the crowd. Saw some that Meacham examined the power of attorney. pointed towards the house, and one towards Jennings said it was a power of attorney, and me. I sent a man into the house to the Conthey might read it. Soules and Mandeville stable to see what the Constable's fees were in were there. But Mandeville was in liquor, a certain case. The young man went up the and I don't think he knew much about what ladder. I pulled him back. Another negro was done there that day. I was there in: the snapped his gun at me. I got the negro by the room all the afternoon, except once when I went head, etc. Next I knew I was being carried for Watson, and twice when I went down to on some men's shoulders. I then started to go get people to examine papers. I went for to the back yard. Saw De Wolfe on the front Dickson. Did not find him. Then went down steps. Some one by his side; 600 or 700 in again for Squire Howk. Told him that Mar- front of him. He had a paper in his hands, shal Lowe wanted to see him. While I was in and said they had got a human being up there the room that afternroon, I should think twenty and we must get him.. Heard it said that they persons from the crowd went into that room. had a paper to indemnify the Constable for Blight have been twelve or fifteen of these that taking the men. Did not hear him say any 116 HISTORY OF THE thing about the'paper.. The crowd said they: for my compensation with Jennings, but calcu-.:could not get the slave. The Constable would lated I was to have two dollars a day. Arrived not serve the.papers on the..Southern men, on Friday evening between sundown and dark..nnless he was indemnified. This was what the Found Mitchell there,'standing on the porch.crowdl said the paper Was for. I, was not there.of -WackL's: hotel, -- when' — we drove - up. Rewhen John was taken away. mained: there that night. Went there to get N. H. Reynolds. Was at Wellington onn John. - We staid-there until Saturday evening. September 13, 1858. Live there. VWas up:at:Could n-t arrange to get him. Went to Boynthe hotel the most' part of the day. Got.up ton's Saturday —evening. Jennings made the before brealfast. The shop was on fire that-I:arrangement with Boynton's son, to have John then worked in. Was there all day, in front come there to work. Got the negro in pursuand around the hotel. Saw Mr, Fay there. ance of-that arrangement. Got hil two and a,He and I stood in the back: door, -between 3i half: miles from Oberlin. Davis and: Mitchell and 4 o'clock in the afternoon. I.:was tending with:me. This was about 12 o'clock, at noon. the door. Had orders to: keep: the crowd out. Took him to Wellinqgton. Arrived at WellinnCannot state at what time Fay left, but he was -tonbetween l and 2 o'clock.:Left Jennings at driven away about half an'hour before: the;Wack's. Had n't paid: our bills. rescue. He was borne back by the:crowd, as - - was I. The crowd of black: men said they TENTH DAY. — MORNING SESSION;: would go in, law or no law. Saw: defendant Cannot tell at what time Jennings arrived at before this in the alley.. He said they would Wellington.: -Might have been 3, P. M., or a have John. Did not exactly say John, but little after. We were in a room in the second meant him. Said. he w:anted the man, or, he story. Jennings appeared dissatisfied with the.would have the man,, law or no law.: His- lan- room — There was -a crowd outside, and -some guage. was, ",we will'have the man, law or no excitement. Jennings said we must get a betlaw." Saw a. number of guns that day. This ter room: t th that.- He got another rooni in. was about twenty minutes before I took my the attic.' We: -went:up there: pretty::soon. stand at the door with.Fay.'.Saw defendant Wie remainedlthere until the negro got- away. after that at the: door. Did not;see him do, or I told-;Jennings, as soon: as -he came in, that I hear him say, any thing. Saw him.last in the wanted him to take charge of the negfro.. I hall at the foot of the stairs. He apparently supposed that I had -arrested the -negro- under came in with the rush. He was fourteen or the warrant. Was aware of'the law making fifteen feet from the back door'through which me liable for a rescue, and didl not want him on the crowd: rushed in. There were a number of' my hands.:' I told Jennings I wanted him to people with, him, those who rushed in. Think take charge:of the negro. He said he supposed their aim was:to go-up stairs. Did not observe he -had charge of him- all the time. He:did them closely.' Am troubled- with:cowardice. take charge of him. then in that room;, and conThink I heard Langston say something about trolled things afterwards. Did so'unntil' the the train coming: from Cleveland, that they Rescue.. I could not hear what' was said by the had got to have him before the train.came in, crowd outside, when, Jennings arrived. Agood.or they -would not,. succeed in getting him. many thlere had guns. The only buggy I saw This was.a little after the other conversation., there fromn' Oberlin was Watson's. Saw him Cross-examined.. Am a- shoemaker. Had just in the-act of getting out of the buggy kept the door. twenty minutes when the rush A. good mlany came into the room where the was made. It was about fifteen -minutes after negro:was.; They examined-the papers we had. the rush that John was taken out. -His lan- We showed all-the papers we had, to most of guage was, " we will have him regardless of the those who came in. Cannot say they were law." What he said when I heard him the shown to all. Those who came in were at lib second time on the porch, was about the same; erty to' talk'to the:negro.: Recollect' Patton, he said, "Yes, we will go in." I stated to defendant, - have- known him two or three Judge Bliss that he said whatI. have:told you years; knew him in Columbus, - Mr. Meachhe said. There was something said about the am, the constable, and the justice -of the peace train; that they must have him before the train who issued the warrant'for us.' Think the pacame in, or they would get him away. Train pers were all shown to Bennett and to'Patton. was to come in at.5, P. M. - ~ Don't know whether the papers were all: shown Jacob K. Lowve. Live at Columbus. Am to defendant.: I told -him -that:the negro was United States Deputy Marshal. Was at Wel- a fugitive, -was the one named,'that Jenlington at the time of.the rescue; and:at Ober- nings. had a power of attorney, and I-'had a lin shortly previous.- Went there.under'the warrant, and that I had: arrested him,; or' assisprocurement-. of Anderson: Jennings. -First ted in -arresting him.. Think I explained to saw him at Columbus.:There he-.:secured my him who the owner'-was, and where' the negro services. This was three or'four days before was from. I had' sent for defendant to'come the'rescue — fbour days.. I went- with- him -to up. Had known' him in Columbus. I explainOberlin. -Davis was with us. No one- else. ed the:thing to him until he said he was satisDon't know that there was any agreed price fled. I sent for him. I told him that I would OBERLIN-WELLINGTON RESCUE. 117 like to have him go down and explain to the said it made-no difference about-: papers, -they crowd how things were. He expressed- himself made their own laws in regard to such things, satisfied that the negro was-legally held, and- or something to that effect. When John was said he would go down and tell the' peop e so.- - taken out -to the platform he commenced saying While defendant and I were talking, the train that he had been sent for, and was going home, passed by. I.heard the train. Did not see.-it.. but he did not finish it.... The crowd; told him This conversation was e after we had gone up notto say any such thing.: - Som e two or three into the attic. Cannot-say that defendant- was had been in and suggested that if he would up there more than twice. This- was the first go out and state to.the crowd, what he had time. He went down and was gone some twen- said to th them, they would. be: satisfied. I had ty minutes. He called me out of the room, to- conversed with-: defendant -pretty freely. IHe a little roomi. -He said he. had been down-talk- had been to the crowd. and tallked to them, ing with the people below, and he could do come back andtold me that he could do nothing. nothing with them. Said they wvere'deter- with them. Wanted ustogive himup. Know mined, -he believed, on having the.- boY..-He that:defendant said in the second conversation asked me if I could get -Jennings'to give him: that "we will have him: any how," because he up without: any trouble.- I remarked -to him:had talked with me as.- if he was' anxious for that there was no use to talk to them aboutthat; peace. He spoke as if he meant what he said. for we were determinec to keep him if we I was disappointed when he said so. could. He said he did not like to see any: Cross-examined. Was,Deputy U, S. Marshal. trouble there. Would prefer to have itpassoff Had known Jennings. Knewe him, say aboutquietly. There had been a proposition made'two weeks -before. -Jennings was then after before -that, by one of us,, or by some one, I another negro. Don't know where the warrant don't' know who, to Patton, to have a committee is. It was given to Chittenden when the Grand go to Columbus and see that John had a fair Jury sat. Never seen it-since. Made' no retrial, and that if he was not held legally,'he turn on it. Kept ittillI sent itl'up to: Chittenof course would be delivered up.. He also den. Got it in Commissioner's office.: Jentalked. of this plan, and he was very anxious to nines and I went together afterit., Don't know have that carmried out. But the people below which took it. I carried the warrant to Oberwould not agree to it, or hear to it. We were lin. Jennings took the power of attorney. sitting on the bed then. He got up, and just as Davis went with me from Columbus. He is. he was about to go down stairs he said, "we jailer there, and also deputy;sheriff. I am will have him any how." - -He-intimated no dan- deputy-sheriff. Don't know as there was any ger to me.'Said some of us might get hurt, and arrangement with Jennings as to compensation. that he was anxious to have it so disposed of as Had before, on other -.occasions, charged' $2 ato avoid it. This conversations was about an day, and expenses. Jenningsl offered me $100, hour and a half before the Rescue. Did not if we got-the negro.. refused it. Was intro-' see defendant after this. I was in the.room all" duced to Mitchell.:We four talked the matter the time after this. I went down to show the over. Did not tell our business'to Wack. papers to the crowd. Patton and Meacham re-;Went to see WVarren on Saturday. Also called quested it, saying that they thought the crowd on Dayton. Told them our'errand. -Never would be satisfied and leave. I told Jennings:saw John till we took him. -Spent Saturday he had better go down.-:He said,- "'you don't'round town. Jennings and Mitchell kept close. kitch me down in.that crowd." - I took down Davis went along to WVarren's. I -had been. the power of attorney and: warrant. Patton there: only-twice beforei- Both times on the and: Meacham went down and around with me.- same kind of business. Did not learn the locaWe went-to the steps south of the hotel. Pat-r tion- of many negroes. WBent to Boynton's ton said he would read the papers if they would about three or four o'clock.. Mrs. Boynton keep silence and'listen. He read all of one quizzedaround Jennings.. Told herwe wanted and part of the other. Don't know which one.:to buy cows. She said.the,General would not There was a man at the back part of the house.. be home till tea time.:Saw Shakespeare that I took the paper out of his hand and-went to:night, but said nothing to him about our plan the house as fast as I could. It was probably till Sunday P.: Mr. Had -spoken to Boynton ten minutes from this time, to that. of the Res-'about it, Sunday A-. r. I had not: talked with cue. I was out ten or fifteen minutes. I left Boynton abouthiring the boy. Think I said to in the room, I. cannot tell whom.- Saw a man Jennings the boy would do as well as anybody. there whom I have since found to be Scrimgeour. Jennings said he would see the boy; followed The attempt to lead the negro out was not in him as he went after the-. cows.: Jennings told my presence. Don't remember that I said any? me he had let the old inman know he had prothing to Patton as I took the paper from him. posed to Shakespeare.'Wentback to Oberlin Not more than one-third of the crowd was -in little after sundown. Got back little after dark. hearing of his voice. I think very little was. Did not leave our room after we -got back that said by the crowd. They kept quiet while the night — it was Sundaynight -'till wewent-away first paper was being read. As he commenced finally on Monday. None of our party went reading the second paper, some two or three away Monday morning and came back:to eat. .18 mHISTORY OF THE Found John about two and a half miles from him all the time." No more was said about cusOberlin, in a wagon with Shakespeare. Drove tody. Did not stop to make return on the war-ap on the right hand side, Davis sitting on the rant, thiat I had delivered him to his master. left hand, and I driving. Jennings had the My duties as.deputy-marshal were now through. power of attorney. I had the warrant. John Acted afterwards as aid of Jennings. Did take was seized about as soon as the buggy came to the warrant down to read to the crowd, aftera stand-still. Mitchell took hold of John, I wards, at the request of Patton. Don't know think. John first stepped on the ground. whether it was read. Showed warrant to BenMitchell got out and spoke to John, and shook nett, to show by what authority I had made the hands with him. I had before told John he arrest. Don't know as I told Bennett that I could get out of the buggy and get into my had surrendered the custody to Jennings. wagon; I would take charge of him. Did not Think I did tell him. Think I' showed both tell him I had papers for him, till we were papers, and explained what we had done. started for Wellington. Think John asked Did you say to Bennett that you arrested where we were taking him. We said, " to Ely- John by the warrant, but had handed John over ria." John said, "All right."- Whenwe got to Jennings, whoheldhimby powerof attorney? where we turned off - say half a mile - John Don't know. Think I did. asked where we were turning to. I told him I Why did you show the warrant? had a warrant, and was going to take him back Because I wanted to show why I had arrested to his master. Read the warrant to him, and him. showed it to him. Did you tell Dickson that you had only arRegarded John' as arrested by virtue of the rested John under warrant, but had afterward warrant, from the: time I got into the buggy., given the custodyto Jennings, who had John Went to Wellington, washed. Had;Vads- under a power of attorney? worth's buggy. Did not tell Wadsworth why I Think I did. went to Oberlin. Arrived at Wellington be- Are you sure? tween 1 and 2 o'clock. Started from Oberlin I asked Dickson if he would assist us: Think a little after 11 o'clock. Drove moderately to I then explained to Jsim the whole transaction. WVellington. Ordered dinnerthere. Notrouble Have definite recollection that I or Jennings with crowd before dinner. Good many peo- told Dickson that Jennings now held him under a ple in bar-room. Paid little attention to them. power of attorney. I feel positive that I told Acted before them as if travelling in company this to Dickson. Don't know that I told Wheelwith John. Can't tell when I got through din- er. I can't say that I told Patton. Can't say ner. Saw first excitement after dinner - heard whether Patton was there when Dickson was. hollering. I looked out of the north door, saw I recollect conversation with Bennett and DickWatson drive up to north-west corner. He was son. No recollection of a separate conversajust in the act of getting out of the buggy. Did tion with Patton. Told Meacham, Mandeville, not know Watson then. Watson was calling Sciples, and some other men present. Can't to people to assist him, I concluded from his tell whether Patton was there when'Meacham language. Did n't hear him use the word "kid- came in to arrest. Think this was the second napper." He might have used it. Don't know time that Meachiam was there. as I heard it from anybody. Can't tell what Was this on the upper or lower floor? word Watson used. Stepped right back. Mitch- It was on the lower floor that I had given up ell and Davis then went up into the room. Jen- custody to Jennings. Meacham said he had nings was not there then- came in half an warrant for three men who had the negro. hour. I staid in bar-room till Jennings came. I told him that so far as I was concerned, I Noticed persons came in and out before Jen- should not obey it. I referred him to Jennings, nings came - can't tell who. WVatson came saying he had charge of the negro. I told him about an hour after I did. Others were in perhaps he had better not be too fast to take room up stairs when Jennings came — came to those men; if the negro was lost he would be ask how and why we arrested John. We re- liable; he'd better ask advice. He went away plied fiankly —supposed we answered them - came back and said he should not arrest uncorrectly. Think I told them I had him under less indemnified. a warrant. Supposed myself to have him in cus- Did you not take Meacham, Sciples, and tody. When Jennings came I told him he must Soules into your posse? take charge of John. I could not, under the I called on them to help me. I did call on circumstances, have the care of him any longer. them to help, as deputy-marshal. Can't explain Could not risk him any longer with such a why I called for help as deputy-marshal when crowd. As an officer I know I can take a fu- I had surrendered custody to Jennings. Did gitive before a commissioner, when I arrest him: not know I had lost right of acting as deputyunder a warrant. Don't know as it is my duty marshal by surrendering custody to Jennings. to do so. Supposed I had the privilege either Was advised that I had not, by Stanley Matto bring him before commissioner, or surrender thews. him to the master. Jennings remarked in re- [Mr. BACKIUS: Stanley Matthews never ply, "All right: I supposed I had charge of gave such advice.] OBERLIN-WELLINGTON RESCUE. 119 Had not forgotten when I called for help that the house. Sent for him'cause I supposed he I had surrendered the custody to Jennings. Do was a reasonable man. you admit you cautioned these men against Did n't you tell him that you arrested John their course by referring to the Clarke County on a warrant and was going to take him before case, and thus showed the danger of resisting Chittenden, a commissioner at Columbus, where the marshal? he should have a fair hearing? Don't recollect any such conversation with Might have said so. Don't recollect showing Patton. him any warrant. Before this there had been'Do you recollect the conversation referred a proposition to have a committee go to Colurmto, well enough to say that you did n't make bus. Don't recollect whether Patton, Dickson, such reference? or Howk were there when I had first conversaCan only say I have no recollection of such tion. Some of the folks said Langston was doconversation. Can remember part of such con- ing all he could to pacify the crowd, but they versation. I think that in the part of the con- would n't hear. Some of the time he talked as versation which I do not remember. I did not if he was willing to have the boy taken to Corefer to the Clarke County case. Do not rec- lumbus, and see if the examination was fair. ollect conversation with Squire Howk. Can't Said he'd rather not see any trouble there or say but what I had conversation with another any of us get into trouble. I replied, " no use magistrate beside Howk. Think it was half an of talking, we are going to hold him as long as hour from the time I showed the paper to we can." Meacham, till I went down with Patton to read Did n't he say "I won't interfere any way?" papers. Went at the request of Patton and He did not - am sure.... As Langston MIeacham. Had not before this offered to go rose from the bed he said, "w we will have him to the Town House to read the warrant. Did n't any how." I was surprised. I asked no exso offer any time in the day. Did n't say any planation. I was not excited, at any time thing to any of them about going to the Town during the day. I felt disappointed when House to' show papers. Langston said what he did. Mitchell and JenWhen Meacham was in the act of arresting nings were in the other room while this converyou, did n't you say, "you can't arrest a United sation was going on. States officer discharging his duty?" Direct examination resumed. Think not- nothing to that effect. Refused [Warrants shown witness by District-Attorto go only because I thought he had no right to ney.] This is the warrant I had. arrest, because I was a deputy-marshal. May leave told hint so. Tll was the reason inCross resumed. Don't know whether I read have told him so. That was the reason in my the warrant very carefully or not; don't. kow o, wn minds why I refused to go. Wlrhen I pro- the warrant very carefully or not; don't, know posed to Jennin refused to go do henn, I proposed he whether the quirk at the end was made into an houlsed o and readnni to he papers. Thnk Patton L. S. Did not hear the warrant objected to should and read the papers. Think Patton becauseit had no seal read the papers. I might have started to read them, and Patton took them out of my hands. [The warrant was now filed in evidence Patton said to the crowd " be silent and I will subject to exceptions. We introduce it with a read the papers." Don't know that there was copy of the affidavit upon which it was based.] any explanation to the crowd that I was a deputy-#xarshal arresting under warrant, etc. War- United States of America, } rant, if read, was read as a paper under which Southern District of Ohio. the custody then was. Am sure Patton read Before me, S; -Chittenden. Am United more than one paper; read one wholly, can't States Commissioner within and fobr said Distell whether it was the power of attorney or trict, personally came this September 10th, the warrant. Hearing a noise, I made for the A.D. 1858, Anlerson Jennings, who, being house, taking the papers from Patton's hand. duly sworn to tell the whole truth and nothing Had no conversation with Patton, Dickson or but the truth, deposeth and saith; that on or Bennett, or any one that afternoon with regard about January 15th, 1857, the hegro slave to a seal being wanting to a paper. John, being the property of one John G. Did not Dickson say, "I see no defect except Bacon of Mason County, Kentucky, did esit wants a seal? cape from the service and possession of his said No recollection. Think I can swear no such owner, and is now a fugitlve within the State thing occurred. Don't recollect of any thing of Ohio; and that the said John is a person being said to the crowd between reading the held to labor in the State of Kentucky (U. S.) papers. Took two minutes to get back to the under the laws of said State; and that he is room. It was getting dusk. As I passed a person owing service to his said owner; and through, the hall was partially dark. It was that he has escaped into and is now a fugitive immediately upon hearing the noise at the back slave as aforesaid in the State of Ohio, and door that I went. At the head of the second therefore, subject to arrest under the Act of pair of stairs. I could n't tell a white man Congress in such case provided; — and further from a black. In lower stories not quite so this deponent saith not. dark.. Think I first saw Langston in front of ANDERSON JENNINGS. 120 HISTORY OF THE Sworn and subscribed by Anderson) inm the upperroom, in the room where the negro Jennings before me this 10th day was. He turned round arid said, "We will - September, A. D. 1858. have him any how." John, Lowe, myself, S. CHITTENDEN, Mitchell and Jennings were presented. I don't U. S. Commissioner, S. Dist. Ohio. know that' Lowe was there. He went out once or twice; I know that defendant was in the United States of America, Southern: room two or three- times. He came in there District of the State of Ohio, ss. ) and appeared to me to be excited. This was To the United States Marshlal and:to any; about sun-down. Jennings had charge of John Deputy United States Marshal of said Dis- during the afternoon. trict: Greeting:: Whereas complaint has been made: before TENTH DAY.- AFTERNOON -SESSION. me, an United States:Commissioner within and Cross-ELxanination. Jennins got me to go. for the -Southern' District of Ohio, upon the It was th e Friday before the Rescue that we oath of — Anderson Jennings, that the negro left. I told him that I did not know that I slave' John, late of the County of-Mason and could get off. Jennings was to give me $2 a State of Kentucky, and the: property of John day and expenses. No other bargain. I was G. Bacon, resident in said County, did on o9r deputy-sheriff and jailer. Not deputy-marshal.'about January 15th, 1857, escape from the Had had no business connection with him beservice and possession of his said owner, and is fore. Never saw him before. Lowe introduced now a fuoitive within the State of Ohio; and me to him. Asked me if I would go to Oberthat the said John is a person held to labor in lin with him to get John and Frank. the State of Kentucky, one of the United Was there any arrangement between you, States, under the laws of said State; and that Jennings, Mitchell and Lowe about keeping he is a person Owing service to his said Owner; the nature of your business private? and that he has escape:l into and is now a Objected to. fugitive slave as aforesaid in the State of Ohio, Objection overruled. and therefore subject to arrest under the law Don'tknow. Noarrangement before we got of Congress in such cases provided: — there. Not a word.. After we got there someThese are theref'ore to command you and body said we could n't get. the negro -think it each of you to take the said John, a fugitive was on Sunday this was said -think it was on and person escaped from service by him owed the steps of Wack's. hotel. The remark was to John G. Bacon as aforesaid, and one lheld addressed to the party standing about. Left to labor under the'laws of Kentucky, as afore- Oberlin about 11 o'clock, to arrest John. said, if he' be found within the limits of the Lowe, Mitchell; and I went. State of Ohio, and him, the said John, safely to At whose instance did you go to arrest keep, so that forthwith.'you'have his body John? before some United States Commissioner, Don't know. within and for the Southern District of Ohio To aid whom did you go? aforesaid, there to answer the said complaint, To aid Jennmgs in executing h and be' further dealt with'according to lawv. attorney. Given under my hand and seal at Columbus Didn't know hother JenIngsywas t this 10th day September, A. D. 1858. not. Think Jennings was to mneet us at VelS. CRITTENDEN, [L. S.] lington. Jennings was to stay behind to pay U. S. Commissioner for the bills. Supposed I was aiding Jennings in Southern District of Ohio. the arrest. Believe I first - found ut at WelSteruie Ciittenden. Was actin Commission- lingtoa that Lowie had a warrant. er. Had never issued a warrant before. Sup-d about the custo posed I had power to issue this warrant.- I put John?' the scroll there. Put it there for a seal. I Not any o thing In the room in thie third called it a seal. Do not remember any thing story somethig was said about the- enigs;ger's bebeing said about -thediscrepancy. ing put into the custody of Jennings. Anderson Jennings.being recalled swore to What makes you think he was taken into the genuineness of the warrant- and of the affi- Jenings's custody up there? davit.- - Cant te. Samuel Davis. Live at Columbus.- Have, Prosecuion Rested. off and on, for eight years. Was along at the time of the arrest,- also when John was taken out Titnessesfor the Defence.:: onthe platform. Saw defendant in the room two: E. S. Kinney.... I went to:Wellington for or three times that afternoon. Talked to the the same purpose that others did, to release a crowd in there. He wanted us to release John;,l man that had been kidnapped. I did not get to to-let him go. This was but a few minutes be- Wellington until after John was rescued.: We fore the rescue. We told him we would not. left Oberlin about 5,.. M. We'were going to hold on to him. This was Cross-examined. V Winsor was in the wagon OBERLIN-WELLINGTON RESCUE. 121with Bushnell, swinging a gun, and saying, "All vise against resorting to a writ of habeas is wvelL"' A maJority of the crowd went to- corpus. wards Oberlin, after John went, away. The: Cross-resumed. I did notadvise about gettingd cry in the crowd was, that some one.had been a writ of habeas corpus. Said that the: Probate kidnapped, It was with the understanding that Judge was the only one that had the power to John had been kidnapped that I went. issue that writ. I then understood so, and do Joseph HI. Dick-son. Live at Wellington. Am now, that the Probate Judge had such power. a lawyer. Was in Wellington the.13th of Sept. -Direct resumed. Had no conversation with last.... Was at the Town- Hall. Watson Jennings in which Mason County seal was came and made affidavit and got out a warrant spoken of. for three persons by fictitious names. Did not Isaac Bennett. Live at Wellington. Am a know who it was that was in custody. Bennett Justice. of the Peace. Between two and three issued the warrant.. Howk sat with him. Next, in the afternoon, Watson came into, the Town Meacham came for me With a messagre. Said House. Said a man had been kidknappedcl,the defendant in that warrant wished to see me. made affidavit. I questioned him as to his beHe went with me.'Was admitted to the room ing free. He said he supposed they were takwhere the negro was, by Lowe. This. was in ing him without any authority whatever. I the attic, and at about' three in the afternoon. issued the warrant. nNext, I heard that John Don't remember about Mieacham's going in with had been arrested on- a warrant. me. Lowe said, " My name is Lowe." I said, "Lowe the marshal?" He said, "Yes." Said ELEVENTH DAY.-MORNING SESSION. I, " Are you the man that has this man in cus- Thursday, May 5. tody?" He replied, "I am." I asked him by [The Court was not in session yesterday, bewhat authority. Ile said he had a warrant. ing in attendance uponthe festivities connected Took it from his pocket and showed it to me. with the marriage of its only daughter. This I sat down on the bed and read the warrant. morning the trial proceeds.] I said to Lowe, I saw.nothing irregular about Lorinog Wacdsworth, Daniel Williams, and it, except that there was no seal on it. Lowe Eli Boies have been released from jail on $500 said it was not customary for such -papers to bail each...... have a. seal. That it was issued byra Commis-.Court convened at 9; o'clock.. Before prosioner who was a very, good lawyer.. After- ceedingwith the trial of Charles Langston, ward I talked with Jennings about:l.uying John. Judge. SPALDING. presented: a: motion of the He:asked fourteen: hundred dollars.. Mitch- counsel f for the immediate senell advised him, to.take less. Nothing said tence of Simeon Bushnell, who has been convictabout Jennings being an agent for the owner ed by the jury, the special cause fbr this motionC on a power of attorney.... No other paper being that the said Bushnell desires and inwas shown me then, nor was any:thingu. said tends to apply to the Judges of the Supreme about any other paper under which he was held. Court for a writ of habeas corpuss that he may I asked Lowe for his authority, and he showed be set at liberty, that Court having, decided me his warrant. Heard nothing about a power upon the petition lately presented that the of attorney until the. indictment was. found. cases had not proceeded farpenolughtohave the Knowt that nothing was said about a power writ grantedl, the defendants not having, been of' attorney to. me, or in my hearing, that sentenced." The Court received the motion, day....:. but remarked that it was evident that when he GCross-examined. I was sent for to go to the was sentenced there would be another interruproom. Meacham came for me. Said he was tion of the proceedings of this Court, for which sent by Lowe.-: I swear that no power of at-. reason it would be better to conclude this case torney was shown me.- I drew the affidavit on before passing sentence upon Bushnell. which the warrantl was issued. I said to the Isaac Bennett. —lExanination-in-chief cozcrowd that the warrant appeared all right ex- tinueecl. The constable said they had a warrant. cept that it had no seal. I referred to a stamp Asked me about it. I told him not to send the seal. But my recollection is, that no scroll seal warrant, if they had papers. Heard of' the inwas observed by me. After leaving the room, demnifying bond. Advised against signing it. I went to a drug store and drew an indemnify- Was gone a part of the. afternoon. It was ing bond for the constable. Distance to Elyria, about a half hour or an hour before.the Rescue sixteen miles. I advised them to abstain from when I went to the room where John was. all interference. I advised tliose who talked ILowe, I think in the ante-room, showed me the with me about the bond, not to sign it.. Think warrant. I read it. Mlade the same observaLowe said to me he wanted I should communi- tion in regard to it that Dickson did. I excate what I had heard as to the authority by. pected to see an'official seal, but saw none. which John was held., The object in getting: Did sqe the small scroll seal. Lowe said(I he was out the warrant for the arrest of Jennings, etc., a Deputy United States Marshal, and had John was to arrest themn for kidkniapping. Watson under arrest. After this, I went into the room alleged that John was a freeman. where John was. There were there Lowe, Direct examination resumed. I did not ad- Mitchell, Jennings, Mandeville, I think Soules, 16 122 HISTORY OF THE and perhaps Sciples. Think Mr. Meachamwas illegal done. He told a man to keep quiet. with me at the entrance in the ante-room with This conversation took place shortly before the Lowe. Don't recollect what was said in the rescue. Just at the time of this conversation, room with John except that Jennings took a Lowe came down to read his warrant... paper out of his pocket and handed it to me,... Cross-examined. Langston said he saying it was a power of attorney. I took it — did not want any thing illegal done. But he did not read it. IHanded it back, and nothing thought it was due to the people that there more was said about it. I think this was said,' should be a trial on the magistrate's warrant. -that they would go down, and show their Did not hear him say that the negro oullgt to paper, or papers, to the crowd. Don't know be rescued whether the papers were right or but he said (Lowe) that he would go to the wrong. Don't know what the man or men Town House. He said so at one time, and I that defendant advised to be quiet was or were think it might have been then. Don't recollect doing... I have given all, in substance, that who proposed it. Lowe said nothing to me I heard Langston say. of any other paper, nor did he - say that there Direct resumed. The great majority of the was any thing but a warrant, and he said it was crowd stood looking on. There was talking that under which he held him. Not a word and laughing. I was there myself to keep the was said about the boy having been arrested people quiet. Heard Doctor Boies advising to under the power of attorney, nor about his hav- quiet. Saw no appearance of any taking the ing been arrested under a warrant and then lead.... turned over to Jennings to hold under his power Direct resumed. I was on the ground all the of attorney. Never heard of this until to-day time, from the time I left the Town House until in Court. the boy was taken. Saw what was going on. Lowe went below and commenced reading B. Meac2ham, Constable at Wellihgton. I a paper, which Patton took and finished read- was there all day. Crowd there attracted by ing. I was about six feet from them, at the the fire at 2, P. M. A man from Oberlin (Watleft. He had one paper only. I understood son) came in the Town House not far from that the paper read was the warrant. Saw three in the afternoon. Got a warrant for nothing and heard nothing of another paper arrest of' the Southerners. I went irmediately then. I never heard the claim there that the to the attic. Went alone, I think, at first. boy was held by virtue of the power of attor- There was quite- a crowd around the house ney. I dissuaded from violence, etc. A good when I first went there. They were then keepmany -the most of our Wellington folks coin- ing people out. Wadsworth told me, on telling cided with me in this. There were four hundred my business, that I could go in. Think the or five hundred in the crowd in the afternoon; door of the room the-boy was in was fastened. the most at the last. At this time about two Think a man by the name of Phelps went up thirds or three fourths of them were made up of with me.' Found Lowe, Jennings, and Mitchell Wellington people, and people from its vicinity. there. Wadsworth also was in the room. May All there then that I talked with, agreed with have been more. there. Don't remember me.:I don't recollect of conversing with any whether Jacob Wheeler was there. I applied one but our people there. Saw defendant to- to Lowe. Told him I had a warrant. Cowwards' sun-down, on the platform south of the menced reading it to him. He said I had no tavern. There was quite a crowd there, dis- authority to arrest him. That he had a wal, cussing the propriety of serving the Justice's rant that he had got at Columbus, signed by warrant. Langston said it was best to take le- one of the Commissioners. Showed me the gal measures if any, and not do any thing by warrant. Claimed to hold the man under the force. I think he expressed that opinion gen- warrant. No claim to hold him under any erally. I had some talk with defendant about other paper. None shown. Nothing said serviniug this warrant. I thought it better not about a power of attorney, nor about an agent. be served. He thought it had. I said I thought Jennings was lying on the bed. Took no part the constable had better not interfere with the in the conversation. Lowe said he was marauthority of the United States if they had a shal, and held the boy in custody under the commissioner's warrant. I think that Langston warrant. Had been in the room but a few said that a constable, if he had a process put minutes when I wvent out. Went to see Esq. into his hands was under 6bligation to serve it. Dickson or Bennett on my own motion. Saw That a constable couldn't judge of any thing Dickson. Returned with him to the room. outside of his warrant. It was somewhere in Lowe read the warrant to us. Dickson read connection with that, that he said was best to it. Said he saw no defect in the warrant expursue legal measures and avoid violence. This cept the want of a seal. Lowe said none was is the only time that I saw him that day. necessary. Dickson advised me not to arrest. William Holzc. I spoke to defendant Lang- Lowe showed'me his authority - his warrant. ston. Asked him if he was brother of J. M. Nothing but the' warrant showed to me and Langston. He said he was. He (Langston) Dickson. Jennings staid on the bed. Took thouaght it best to have a public examination. no part in the conversation. Nothling said then Said that lie didn't mean to have any thing by any one about a power of attorney, nor OBERLIN-WELLlNGTON RESCUE. 123 about his being held under any. Lowe did not late that we started. It took me fifteen minsay that he had arrested him under the war- utes to walk home, twenty minutes to eat dinrant, and had turned him over to Jennings to ner, was in my room five minutes, took five be held under a power of attorney, nor, any minutes to harness up. We passed some parties thing of the kind. I kept before Dickson. on the road. Watson got there first. Met a Heard nothingf said then about the purchase of boy coming back on horseback. Said John the negro. I returned again pretty late in the was there. Said there was a crowd about the afternoon. I had refused to make the arrest. hotel then. There was not two hundred then A good many were urging that I ouglht to make - think 150 scattered all about the -square. the arrest. As I went in the third time, either Mostly away from the hotel. There seemed to Soules, Mandeville, or Sciples asked me to go be men standing all around the hotel. Noticed in with them, or I asked them to go. I: went none at the time I arrived. Saw nothing like this time to get Lowe to exhibit his papers to organization, or any one giving directions. It the crowd. My impression, is that three men was at first said that he was a boy who had stood at the back door below and volunteered been at work on the railroad, and that he had to go. Lowe hesitated, but finally agreed to been taken while the others were at dinner. go out and read his warrant. Nothing was This was afterwards corrected by the true statesaid at that time by any one about a power of ment. First I heard that it was claimed that attorney. None showed. Jennings said noth- there was any authority for holding-him. I ing then, nor to me that day. Patton read heard it from Patton. This was an hour or more the warrant below. It was then I saw him for after our arrival. He said that he knew the the first time. I told the people befbre I went man who had him; it was Lowe, of Columbus, up, that I would go up and get Lowe to come a Deputy-Marshal had him under a warrant. down' and show his warrant. When we came Nothing more was said during the whole time, down, I think I said to the crowd, if they would as to any other paper than- a warrant. Saw listen, Lowe would read his authority. He John Watson on the porchabove, some time after commenced, but Patton took it and read it. our arrival. He came out of the house, gesticLowe was not able to read it well. But one ulated, and said the boy had been kidnapped. paper shown then. Never heard anything said Told the crowd to keep quiet, to wait. As about a power of attorney until the first trial. soon as they could have the men arrested, it Warrant was read to the crowd. Saw Lang- would all be right. That they would have ston two or three times in the afternoon. He them arrested. This was before I had heard spoke to me about serving the warrant I had. from Patton that there was a warrant. Saw Did not see him after I went to the room the Bennett on the platform after this. Among last time. Defendant said it was my duty to the first things that I heard, after my arrival, serve the, warrant. was, that John had been brought out. Mr. Cross-examined. Defendant did advise me Marks told me that the boy had been out, and to serve the warrant several times. 1 was said he wanted to go back. I told him that round in the crowd. I was trying to get sign- amounted to nothing; that under different cirers on the bond. Some signed the bond, I cumstances, he would tell a different story — think, but it did not come into my hand after that he could say nothing else, with them at his it was signed. Told defendant of this. De- back. -Intimated that he had told John to fendant, and perhaps fifty or a hundred others, come out. Said they would have had John, if urged me to sign it....Don't know what the guns had not been pointed and scared him. passed after I left the room with Dickson. Said we (Democrats) want John as much as Iowe did not refer me to Jennings, as the per- you do.' son who had John under a power of attorney. The warrant was all he claimed under. Lowe ELEVENTH DAY. —AFTERNOON SESSION. said he would take the negro to Columbus or It was the smaller portion of the crowd who to Cleveland, and have an examination, and if had weapons. Some of them that seemed to he was not legally held, he should be given up. be excited, a third or a quarter of the crowd. John G. W. Cowles. WVas at Wellington I heard a number of persons say that what and at Oberlin on the 13th. Arrived at a lit- they wanted was some one to take the lead. I tle after one in the afternoon at Oberlin. No replied, " keep quiet "-that things were goexcitement then. Went to my home, three ing well enough as it was- that Patton had fourths of a mile. Learned first of the arrest gone up stairs, and would learn how the thing of John about two in the afternoon. Had was. Some feared the train would come in, walked home and taken dinner.'Was in my etc. I was not in the attic room.. Saw Lowe room, when Patton and Scrimgeour came to-my on the steps; Patton by his side. I heard they room in haste, and told me a boy had been had come down, and were reading a warrant. kidnapped. Asked me to get up iny horse and This I learned on asking for Patton, of the go in pursuit. Did get it up. We-then started landlord. He said he had gone out, and was for WXellington. Saw a crowd at Watson's reading the warrant. WVent to him. He was store. Went right by. If it were half past reading it. I looked over his shoulder, and one that the team arrived, it must have been read it. There was no other paper read there, 124 HISTORY OF] THE or' begun to be read.:I know -there was nol versation about his gning to the Town Hall, or: other paper there.. This -was but a - few min- obeying the warrant, so as to go and' show his. utes, not more tihan from ten to: fifteen, before- papers.:- He urged that: he should not. go, bethe rescue. Lowesaid something: —:that it was:;cause,he was a- United- States;Marshal;:that not customary to have a.- seal,.in reply to Pat- they had no right to serve the warrant on him ton's remark, after he had finished reading the for that reason.:-.-.;i e objected-to going down, warrant, that he noticed- the:warrant lacked a on excuse of personal safety,. I assured him he seal. iHe said it was not the custom- to have should be safe. -He: then vwent down with me. one. Lowe then appealed to the crowd that, The constable was ahead of us. Lowe wanted as they saw he: had the proper papers, they to stop at the back door. Took him to front should -let him go on in the: discharge of his side, south:of it. I.or the marshal called the duty. Did not see Mr. Langston there; to my crowd.: Lowe took the- warrant out of his knowledge. pocket and handed it to me. I read it. I obCross-examined. -Mr. Patton began to tell jected to-it forits:want of anofficialseal. Lowe the crowd; after he had read it, that the war- said it was not customary to have one. He then rant had no seal.. The portion of the warrant said they had seen his authority, and now he' relating to the power of attorney had been read wanted them to let him go. A man whom I before I got there.: From one: hundred to two did not know, stepped up and said that he was a hundred persons near the place where the war- stranger, and what he could say would have no rant was read. Did not hear the reply to the influence on the crowd;: but. that he thought the reading of the warrant, that they " did not care crowd would- pay no attention to the papers. for the papers, they would have the boy any This address was in a tone not calculated to way." Patton and Scrimgeour went with me. reach the crowd. There was no other reply. The first intimation that I had that there was As this gentleman was yet talking with Lowe, any warrant or legal authority for holding John, we heard'a noise at the-'back door. Lowe said was from Mr. Patton, about an hour after we got advantage had been taken of his absence. We there. Hle had,been'up stairs and returned. then went to the room, and the stranger with The first information I had-was derived from us. -When we got to the door, Lowe spoke. Mir. Patton. Afterwards it was talked of in Said he wanted myself and the stranger to come the -crowd..Undelstood that there was a mar- in. We went in. After we got in, thestranger, shal there. This was after 4 o'clock, P.:lr., at Lowe, and myself, went to the other side of the least an hour and a half before the rescue. I room.. Jennings, Mitchell, and Davis were in heard it said that it was claimed that John was the room. Do not remember Sciples, Mandeville, a negro slave. Do not recollect of hearing any etc. W We -urged upon Lowe the policy of letone remark that he was a fugitive;' but some ting the boy go. — The stranger said,' You had said he should not go South, at any rate. - The better let the boy go than to lose -your life." front door was'locked. I: applied at the Lowe said, No-7- that he knew what the law backl door for admission to. go up stairs, but was was - that he could not let the boy go. without refused. Marks and WVooid said they knew being liable for the, boy, Just then there was John.; Said nothing: as to his being afugitive. a rush-the window was broken in. There These were the Democrats, who said they were was a number in the -hall -as we;passed in. Neas anxious as-we to have.John get away. Don't gotiated about.letting the boy go.' Appealed recollect but these two, -who knew-John. - to Jennings -no response. Lowe finally askJames L. Patton... The first I heard when ed if we -would.protect him if he let the boy I got into the crowd was, that John had been go.:We said we would. He said to Jennings out on the platform. I set myself to work to he did not want the house torn down —these inquire into the real state of things. Learned people had befriended them. but little, for some time. Three.quarters -of an Jennings then let the door go gradually hour after I came there, John Watson came out open.. - 1 had shouted to the persons outside on to the platform. Said he had been in- the door, and asked if they would stand by me seen the boy-, talked with him; that the boy in protecting the men if they gave up the boy. had been kidnapped.& He first: asked the crowd They said they would. As the door opened I to wait and. keep quiet';s that a warrant was be- asked where the boy was. Just then he passed ing got out for' those who hliad him in custody, by me-: with some one with him. He passed and as soon as this could'be done, and they had down. -t was getting dark then,: but I could been taklen before the magistrate the boy would see so as to recognize persons in the room, but be set at liberty. This:was not far from 4 not on- the outside. The boy went out with o'clock in the afternoon. Don't remember that one who was there when I went in. Only any thing was said in reply to this.... Lowe one was with him. No one came in. This said nothing to me about there bein- an agent was the third time I. was there. I heard nothor power of attorney, or that he had- arrested ing said abdut a power of attorney..I never him and turned him over: to the agent, or any heard of that power of attorney except as it is thing of this kind.... Lowe complained to me recited in the warrant until the former trial. It that the'5 P. M. train was gone, and he now was not read or commenced to be read when would have to wait till 8, P. M. We had a con- Lowe was below reading or having his papers OBERLIN-WELLING TION RESCUE. 125 read. There was- but one paper read there or lcommon design on the part of the people then. then. Jennings told:me at the second visit to Not more: than:fifty went from Oberlin that I the room that he owned the -boy..At the time saw.: Heard no other statement except that -of John's escape, the persons in that- room were i'John waskidnapped. Never heard defenlant's Lowe, Jennings, Mitchell, Davis, Mandeville,'character as a peaceable, law-abidinig citizen Winsor, I think, and this straner, Griffin. called in question. There were others, but:I did not-know their: ~ Cross-exantined. Character is estimated in ~names. - Langston was not in te room to -my Oberlin; sbmewhat- as elsewhere. The people -Lknwledge.- I. know him. Did:notsee Lang- of Oberlin would.n:ot -.oall it a case of' kidnapstoni. when I went up, nor:in the inside of: the pingif a slae -was: arrested un(ler papers in building at all. l-:egal form. It; was said that the crowd were Cross-examined. Saw -defendant;-on -':the,(going to rescuoe John from' the: kidnappers. I porch that afternoon. The.-negro,got - -away.hearda —a-fter-Wards: that the suspicious-looking just as I have stated.'; I did- notdeseribe in my men,:who tere- hanging about; Wack's, were testimony,-before the: manner in whichi;the Kentuckians.negro was taken out of the' room. — I-did say Johnn Watson was called to contradict the that'I saw the tmegro put into the'wagon. I testimony of'Sciples':He: swore positively, that did not go:out of the door, until:some time after hle was not:'upon the second floor of Wadsthe negro went- out. He -went out wth:that w'orth's tavern: with langston'a second time, one man alone.:: He did not go: out by the nor did he:there -have any- such conversation:order of LoWiejJennin'gs,:Mitcheltl, or myself. with him as was averred by Sciples. He went Did not know of Jennings getting the punch after Langston- at Lowe's request,- when Lowe -in his head. t There was:a good - deal of noise and Langs1ton had their first interview, and they -come. up -to the room':from': below. No: one went up to:the attic without stopping. And went out of that room to:my knowledge' before they did not:'go up together or meet' up'there John did.-'After my arrival- in the crowd I under any circumstances afterwards. heard'it reported that there was a warrant, but Mr. BACKus here remnarked:that the defence heard:it contradicted.:-I saw.the- warrant::in had but one more witness, who had been telethe room, but did not read it.' The first I read graphed for,bult,: owing to a mistake in the name it was at the time I.read- it to the crowd.': Be- telegraphed, he had not reached the city as yet; tween half-past four and- five I communicated He then recalled Mr. Cowles to inquire on one to the crowd the proposition about a committee, or two points.. He testified emphatically that made by Lowe. I may have said to them' that no' one passed up the ladder which was put up the marshal held him. there by virtue of- a- war- to' the-attic -window for. some time'before John rant issued by a court of the United States - was rescued. -':The. ladder was lifted up by sevthat I thought the marshal's papers or authority eral inch, and: pushed: against the window by were right. I. told them'that he had told mel which the window was broken.-:No one passed that he had telegraphed to Cleveland for aid - up the ladder at that time. that if they wished to proceed legally they would' have to send, to Elytria - that if they TWELFTHI DAY. -MORNING SESSION. waited. to. do that it would be too late. No On the opening of Court, District-Attorney reply. As to the Committee, some said Colum- the op e of Court, Dt-Attorney B LDEN.called the attention of' the, Court to bus was too far south. The marshal did'. not request me to assist him. I could not'swearth followingeases United States v. John Mandeville. positively:that' no one came into the window, United States v. John Mandeille because my back was turned to it for about a Same v. Daniel Williams. minute. I: never spoke: to John in my.life.- Same v.:Robert Cumi n The name of the stranger is Charles C. Griffin.gs. heard the remark from soue one the first The DI)sTRICT-ATTORNEY stated to the I. heard the remark from so oneth Court that thedefendants in the above. cases time I went- that they did n't care. any thing wished towithdraw their plea ofNot Guilty, about the papers,' they would have the negro:at and enter that of nolle contendere. ie said ihe,lly.ate. -I: S:ZPPOS~d'the and eater that of o0le contendlere. He said lhe a ny rate. I supposed the man that went.out had -carefully examined into the facts bearing witlh John to be Winsor, but could nrot swear to.v it. Tho!ught so because I had- seenl hini and -upon: the cases of these men, and that althoughl John wa lking~ together.a breach of the law had probably been coi-. John walking too~ether...H. Stevens.. R eside at~- aOberlin.:'d; *initted, he was satisfied: the defendants acted' R.'i. Stevens. Reside at- Oberlin. D impulse...e viewed Septemberlast. Was there whenthe young from impulse. le viewed the cases of these Septen werlast. gettiWas together to go-the- llngton. men in a different light from those who came men werel getting t9gether to go to on..lli,ton:. I was at tor Swenr moving bck aiid toen miles for the purpose of rescuing John. The l was at worlk. a men movlin(x lTaEC.: *. orward! As kedk what. was up. Itws repie:d' defendants were poor: men, had voluntarily* forward.:- Asked what was up.:Itwas: replied'.conime forward to answer to this indictment, had that John had been kidnapped. That he was: taken by some suspicious characters who were hanging'round Wack's tavern.s -That- they. i:A tough' story; the District-Attorney's agents ian1'"''ound Wack's taverl.- -.. Th.b.Mi.,_, had been "a-tt themn" for a number of days, givilng bad no legal authority, but had kidnapped John. thern'absolutely no rest till they coizsented to this arThis was about two in the afternoon. I saw no rangement.' 126 HISTORY OF THE borrowed money to get here with, and wished Cross-examined. I live at La Grange. I to save expense of counsel [a truly funny idea], was in Oberlin that day to make arrangements and would therefore throw themselves upon the to study - am studying there now. First saw Court. The District-Attorney hoped that in the excitement at Watson's store about one or consideration of these facts the Court would two. o'clock. Don't recollect seeing Langston make their punishment as light as possible. in the crowd. Think the remark to which I The COURT called upon the defendants to have testified was made by Mr. Lyman. rise. It then asked them if they had any thing Clark Elliot. Live- in Oberlin. Was there further to say with respect to their cases. They Sept. 13th, 1858. Was among the crowd at replied that Judge BELDEN had substantially Oberlin. It was said in the crowd that John expressed their feelings and wishes. Price had been kidnapped. Heard no other The COURT then said that in consideration representation as to the manner in which he of the arguments offered by the District-Attor- was taken away. Nearly two o'clock in the ney, it would make the punishment' light, and afternoon when my attention was first attracted would name as the penalty twenty dollars fine, to the crowd. Cannot say how many people and the costs of the prosecution, and imprison- left that afternoon. ~ment in Cuyahoga County Jail for 24 hours. Isaac A. Johnson. Live at Oberlin. About The Marshal chose to consider Bennett's For- 2, r. M., Sept. 13, 1858, persons came up to a est City House the rendezvous, and the city buggy in the street, and inquired "whose waglimzits the bounds of " Cuyahoga County Jail," on that was'? " The owner said, "What'~s and enforced the sentence accordingly. up? "Why, a man has been kidnapped and [As the precise nature of the plea of nolle we want to go after him." They took the contendere has been made a matter of consider- wagon and started after him. Bartholomew able dispute, we append here the Journal en- and Lyman it was said, had seen John in the try of the Court in respect to these defendants. hands of the Southerners. The first case will serve as the text, the entry Henry Evans. Was in Wadsworth's Hotel being similar in each case. at the time of the Rescue, in the third story of the building. There was a door leading out of Friday, May 6th, 1859. the entry into the room in which he was, swinging out towards me. I had been in this anteTh ne ta o. 79.. room twenty minutes.: Was then at the door V. f Indictment for rescuing a on the side it opened. There was no handle Joh4n Mandeville. ) fugitive from service. to the door on the side towards me. There This day came the District-Attorney on the was no person went out, of the ante-room in part of the United States, and the said defend- which I was into that in; which John was, exant being present at the bar of the Court here, cept Lowe and Patton, and perhaps another. on his motion the said defendant has leave to As soon as the door opened John passed out, withdraw the plea of Not Guilty before entered and only one man with him. Langmston was to the said indictment, and thereupon the said not there. indictment being again read to him, he protest- Cross-exanmined. There were eight' in the ing that he is not guilty in manner and form as ante-room. Linc'oln, Scott, Butler, Fox, Copehe is charged in said indictment, - for plea land, Rutledge, Nevins, and self. There was says that he will not farther contend with'the but one man armed that I have knowledge of. said United States, with which plea the Attor- (On the question as to whether the witness ney for the United'States is content. was armed, the defence urged that he should It is farther considered by the Court that the not be forced to give in any evidence that said defindant, John Mandeville, be iiprisoned imight, tend to criminate himself or be used by in the jail of Cuyahoga County, for the term of the District-Attorney when the witness was put twenty-four hours, and pay a fine of twenty on his own trial. After some discussion by dollars and the costs of this prosecution. counsel the Court ruled that the witness could And thereupon the said defendant is commit- refuse to answer if he chose, but if he did his ted to the custody of the marshal of this Dis- whole testimony would be ruled out.) trict, to be by him forthwith conveyed to the Witness had a small rifle. When Joln came jail' of Cuyahoga County, in pursuance of the out, Winsor came out with him and partly carsentence of the Court.] ried him. J. L. Wadsworth. WVas at Wellington on the ceeded xam ination of witnsses then pro- day of excitement; saw the negro come down the stairs; witness was at the head of the first Nelson Sexton. On the morning of Sept. flight of stairs; had been there a short time; 13th, heard it said that a boy had been kid- went into the house at the rear; when the Marnapped and taken off. Shortly after, a boy shal went out to read the papers, witness had a came from Wellington on horseback and re- conversation with Langston'- he thinks it was ported that the kidnappers had the boy at Wel- at that time - at the front door right against lington. I spoke to him several words. Said the door post; this conversation was either he came to infbrm the people of Oberlin. when the Marshal came out to read the papers,, OBERLIN-WELLINGTON RESCUE. 127 or it was after the boy escaped. W'as present TWELFTI DAY. —AFTERNOON SESSION only about half an hour. Win. Bryce. Lives in Cleveland; is a law- Cross-examined. The trouble about the yer; was in during trial of Bushnell, and heard gun happened after WVatson and Langston went R. A. Cochran give his testimony in that; heard up first. I was not standing at the stairway him also in this. In the Bushnell case Cochran with Sciples guarding the door there. Think testified that he was not present at the time the this was after Lowe went down, but am not sure. acknowledgment was made; think he said the Jacob K. Lowe, recalled. Was in the room first time he saw that acknowledgment was after when John was taken out. Cannot state that he came here. I saw any one come into the room just before Cross-examination. Witness has no doubt John left. From eight to twelve were in the that Cochran, in the Bushnell case, swore he room when John went out. Patton did not was not present when the acknowledgment was talk through the door of the room, nor say that taken; and in this case he testified that befobre if we would give up the negro we should be the parties left his office he: came in and su(- protected, nor any thing of the sort. gested some alterations, which were made; this Cross-examined. IWNitness recollects no condifference in his testimony surprised the witness versation about letting the boy go for fear they when he heard it. would injure iMr. Wadsworth's house; pretty Direct resumed. Mr. Cochran, in the first positive that witness had conversation with case, said he had no personal knowledge of the Patton after returning to the room; don't know acknowledgment. that Patton returned to the room with witMlr. Patton being recalledl, testified to the ness; the remarks made to witness by the above discrepancy in the testimony of Robert I stranger to the effect that the, people would not A. Cochran in the two trials.- regardl the warrant, was made before the time M[r. Cowles, being recalled, testified as to Patton says it was. Cochran's testimony in the first trial, that lie IIi: Jennings recalled by prosecution. had no personal knowledge of the acknowledg- There was no conversation between witness ment. and Patton about letting John go; Mr. Patton Here the defence rested, with the dxception halloed to the crowd outside that he would of several witnesses upon this point of the im- have the nigger soon; he asked witness to let peachment of Cochran, which should afterwards John go, and he, witness, slackedl up; the bebrought in. crowd came in and John was taken out and Patton backed out with them; Langston came Prosecution in rebuttal. in to the door with the crowd when John was William Sciples, recalled. I was at the foot taken out. of the stairs in the lower story at the time John /lIr. Bennett, recalled by defence. Witness was taken out, at the front door. As John is acquainted with William Sciples and has came down there were two had hold of him, been for six or seven years; the character of one on each side. Langston and Watson Sciples for truth and veracity is not as good as came up to where I and Jacob Wheeler were men's in general. Would believe him under standing, and went up stairs, and three or four oath in some cases. minutes after that, John came down. I was A2ir. Meac7haz, recalled by defence. Witstanding at the foot of the stairs at the request ness has,known Sciples for seven years; his of Wadsworth. reputation for truth and veracity is not as Cross-examined. Had been down but a good as men's in general; should not believe few minutes, not ten minutes. Came down him on oath. from the room where John was with Jennings, Mfir. Watson, recalled by defence. IWitness Mitchell, Doland, and Dr. D. WadsaWorth. went up stairs but once during the afternoon What I said was, that John Watson was the with Langston, this was before any paper was only man in the crowd in the hall above, who, read at all. (This contradicts Sciples). a short time before had been talking about Mlr. Gillet, sworn. Lives in Wellington; going to Elyria after a Writ. I did. not say have known Sciples six or seven years; it is before, that Watson was the only man in the generally believed he is not a man of truth; it crowd that went up in the first rush, that I is not as good as men's in general. Would not knew. believe him under oath if he were interested. Jacob Wheeler, recalled. I was in the front (This witness is one of the indicted and has of the house when John passed out. Sciplesand the snows of seventy-four winters upon his I had, a few minutes before, been standing at head. The sensation in Court, as this old the foot of the stairs to prevent the crowd from man, one of the most respectable citizens of going up stairs. About the time we were Lorain County, and of the State, came from standing there the defendant and Watson and the jail, was very decided and deep.) another colored man came there and wanted Loring Wadsworth, has known Sciples for to go up and we let them go up. It might have ten years. 7Would not believe him under oath been five minutes before the boy came down. if he were interested. Here the testimony closed, and the argu 128 HISTORY OF THE merit for the prosecution was opened by D)is- a common intent, and therefore notice to one trict-Attorney BELDEN. As in the former of the crowd was notice to all. He argued, case we can find no better reports of the argu- also, that;Langston was in fhe crowd not to ments fbr the Government than those given keep the'peace, not to punish kidnappers but in the city dailies;.- The report of Judge BEL- to rescue the negro. Co;nsel:claimed':that the DFEN'S speech is cut from the Herald, and that negro was in'the custody of Jenning~s,from the of Judge BLISS from the Leader. time Jennings arrived in Welling:ton:; the ex-District-Attorney BELDEN opened for the pressions used by:Langston were pointed out GoVernmenrit. After introductory remarlks he and' commented' upon asproving his aency iu took up the testimony in the case under the the rescue. several heads. 1st. The District-Attorney assumed that it is THIRTEENTH' DAY. - MORNING SESSION. proved that John was-a'slave of Bacon's, and District-Attorney-BEr::r;Dr e ontinued his arascaped into Ohio, -and was pursued by Bacon's gument, and made the following. proposition agent, and seized as alleged'in-the indictment. which he.claimed -to'be law,'to wit, That if a ~Those facts are so plain that he would not spend party interfere; with a Federal -offieer,' who is time upon them. That:John was rescued, he diseharging' his duty,. by arresting him under argued, was equally'plain; unless'it be true'that, legal process issued by State authority, the inas Patton says, Jennings let him go. The Dis- terference is as unlawful as the'interposition of trict-Attorney argued that, even:if the: negro violence would have been,:aid thie fact that inwas given up by fear of destruction of proper- terference was made under cov'er of legal. pro ty, ete., was just as mucha rescueas if actually cess can be plead' not in justification ofthe act, forced from them.'';'.'-but merely' for mitigation of sentence after con-::-Counsel'then commTlented upon. the power of viction. The proposition was t ssfained by'a the master to take his slave either by himself or citation from a newvspaptr (.whcth'er.one "blackagent, and claimed that the power -of'attorney ened with lie, the-:D)istrict-Attorneyy did not Was properly executed and was good; he char- say), of a recent decision in'the United -States actecrized the attempt to impeac -Mr. Cochran Supreme Court in the Booth case. This das impotent and miserable. Counsel then passed cision was pronounced-by Chief'JusticeeTaney, on to the -manner in which John was captured and the point referred to: is as follows:i' at Oberlin, arguing that the course pursued by -" And although, as "w havye'said; it'is the Jennings was the -proper one, owing to the: state duty of the marshal or other person holding of feeling at Oberlin.' him to make known by a proper return the au-: Counsel then passed on to the agency Langs- thority under whic he detainshim, it is at the ton had in the rescue, characterizing his' con- same.'ticme: imperatively his duty:td obey the duct-as very cunning and very hypocritical, very processof the United States; to hold the prisshrewd, but very deceiving. Counsel-then ar- oner -in eustody underit;,and to refise obedince gued as-to the evidence showing the exhibition to the mnandate.or. process'of any'other' governat Wellington of the power of attorney, claim- inent.'And conIseq uently is his duty'not to ing' that- it was well known'to Langston' that take' the prisoner, nor-sufer hiim to be taken, there was such powerin the hands of Jennings; bbfore' a' State Judge or; Curt upon a habeas that the' crowd knew as well about the exist- corpus issued nder State'authority. No State d eor Cort, afer th'eyire judicially inence. of the power of attorney as they did of Judge o Court, after tey e judicially inthe warrant. formed that the party is imprisored: under the ~',The District-Attorney then- said he would authority of the United States, has any right to read some law to the jury. Here Mr.: Backus, interfere with him,'or: to requlre him to be' counsel for the defene, arose and asked-if he brought before them.'Arid if the aiuthority of understood the' counsel for the prosecution was a State, in the' form of judicial proess or bthabout' to follow the-case.of the: Wanderer, in erwise, should'attempt to'ontrol:the marshal South Carolina, where counsel claimed that the or other'authorized aigenf"'bf the United States jury were'the judges of the law as well as the in any respect, in the. custody of his prisoner, it facts;' and where the Federal Court held that would be his duty to'resist it, and to call to his the jury were tlhe.:jUdges of the law:r Mtr. Bel- aid any'force'that. may:be necessary to mainden thereupon beamevery much eted,' and tain the'aut'hority of theaw againstillegal inpronouncedt Mir."Back-us' ademagogue, - said terference. No judicial process, whatever form the Court: of South Carolina did not hold any it may' a'ssume, can haiv6'any lawful authority such thing. Mr. Backus said' sucih was the itsideof the lmits Of the'juRisdicti on of the newspaper' report. And thereupon Mr. Belden Court or Judge 0 by whlom'it isissued; and an grew as black in the face as the Devil is painted, attempt to efobrieit beyondthese boundaries and'yelled out,'"Yes, newspaper reports, they is nothing lessthan lawless'violene."' are pretty authority, when the very amosphee [If the abve is:god v, ur State:Courts w~e breathe is "blackened with their lies."'The have no right'toiiquiire'into te validity of any District-Attorney'evidently hates newspapers.' process pur1porting to'issue from' the United The District-Attorney cooled down' and came States Courts.'Even if all the papers were toback to the case, arguing that the proof showed tally irregular, the fact they were issued by a OBERLIN-WELLINGTON RESCUE. 129 Federal official is sufficient, and the State Court of community, and certainly, in any ordinary has no authority to interfere. That places the case, I have no hesitation in saying I would as United States Commissioner above the Supreme soon intrust the interests of a client to your Court of Ohio; under the warrant of the for- keeping as to that of any twelve men I ever mer, even if he entirely transcends the plain saw empanelled in the jury-box. And I have letter of the Fugitive Law, and sends his war- adverted to this matter of your being selected rant out of his own District, even, the State in view of your political associations only the Court cannot interfere. According to this doc- more earnestly to ask of you to judge and detrine, Lowe could - had. he -'seen fit - have cide upon this case regardless of any sucli inheld Johln under a warrant admitted to be void, fluence or prejudice. Again, gentlemen, there and the State writ of habeas corpus would be is another consideration I feel bound for my powerless. The doctrine is as monstrous as client to call to your attention, and to press upon that of the Dredl Scott decision.] your notice. You know that this right of the The arrument of the government this morn- jury trial is one of the earliest' nstitutio'ns of the ing was onily upon legal points involved in the Anglo-Saxon race. Upon this foundationcase. upon its fairness and equity-has the superThe District-Attorney claimed that the res- structure of all our liberties been erected. To cue, was nlarde fiom Jennings, the agent of the be tried by a jury of his peers was the rio'ht of owner of the slave, aided and assisted by Lowe, the humblest man. So deeply was this princithe Marshal. pie of fair play impressed into the mind of the race (except in the case of Treason), this priviMr. GRIswoLD opened the argument forr the lege, from the early days, was. extended to all defence. aliens and denizens within the realm. An alien 1:Ay it please the Court, and Gentlemen of or denizen was entitled to be tried by a jury, the Jury: I quite agree with the Distriet-Attor- one half of wholl were of his own race or peoney in ihe desire expressed by him, that this ple, in the language of the law, by a juimy de case shoutld Ibe trlied upon its own merits, and with- mzedietate linaguae. I am aware that in the time out relfrence to any outside influence,-. It is of Philip and Miary thisright was abolished as manifebst, lhowever, that this is a case of peculiar to people called E gyptians. It was o'ing, perinterest, that considerable excitement has at- haps, to the then Spanish Alliance, and not'to tended this prosecution, and that this case has the color of those people. But this harsh probecome and still is a matter of much public re- vision, as Mr. Chitty calls it, was repealed, and mark and comment. I doubt not that the the right restored in'the reign of George III., novelty of this prosecution has in part contrib- and so far as 1 know, still exists in England.:I utced to this; fbr although we live in a District I am aware that this provision has not become contaillill o ver a million of inhabitants, and a part of' American law, for all men in this land not a daln-'sjourlne distant from a large extent of were supposed. to be equals. Slave Territory, yet this is the second case which This may have beeh theory, but my elient has ever occurred of a prosecution for the viola- can have no jury. of his race or color, or of those tion of the provisions of the Act of 1850, or of who are his peers. iNot only is he an alien,-but that of 1793. Of the other causes out of which in the view of the law which governs this Court, the public interest and excitement have arisen, I he is an outcast. I-Ie has no equality, no rights, need not speak, for I cordially unite with the except in being amenable to the penal statutes. District-Attorney in rging you to judge of this His condition is described, in the vulgar language case imlpartially and without bias for or against of the Kentucky witnesses, to whomr in every the prisoner at the bar. Yet when I heard the attribute of manhood he is incomparably supelearned gentleman urging yrou to give this case rior, as being " only a nigger." In view, therea fair and candid hearing, I could not shutlniy fbre, of this misfoitune of his birth,'- of his eyes to the fhct, that you; gentlemen, had been color and condition, - that he is one of' this selected as jurors fi'oll the ranks of one politi- outcast race,- that he has no other right but cal party. I mention this to imnugnll no man's that of being punished, I ask you the more caremotives, or to impeach the integrity of any offi- fully to consider his case, and give him a fair cer of this Court. Notwithstanding your polit- and impartial hearing. I ask you to forget his ical associations and affinities, from nmy personal race and color, and try his case as though he acquaintance with you, and my knowledge of were one of your equals; as though he were, your characters, I have confidence to believe as he is, a man, and had rights; to try him in that while acting as jurors, you will lay aside accordance with your oaths, and the well-estaball political bias or prejudice, and in nowise be lished maxims of the: law, that he must be influenced in your decision by any such consid- held innocent until his guilt is proven, and that eration. For I see among your number men guilt established beyond a reasonable doubt. *bho have filled with credit to themselves and WVith these preliminary remarks I proceed to satisfaction to the public, high offices of trust, call your attention to the charges in the indictboth in our Municipal and State Government, ment and the testimony bearing upon them. and others, who, by long lives'of industry and'The issues presented by'the indictment and integrity, have won the confidence:and esteem plea have been properly stated by the District17 130 HISTORY OF THE Attorney. And first, as to the alleged status of whether the arrest was made by the Marshal or John in the State of Kentucky: according to by the agent. But it seens to me that on this the rules of evidence prevailing in: our State point he has misconceived the law. For it is Courts, he has not been proved to be the slave one matter whether the Fugitive is arrested of Bacon; mere possession or control establishes without process by the agent or his servants, in no property in man. I do not deny, however, which case the custody is in the agent only; that according to the rulings which obtain in and quite another matter when he is arrested this tribunal, the status of John, as alleged, by virtue of a warrant, issued by a United has been sufficiently proven; and so as to his'States Commissioner or Court, in which latter escape, though we have no direct proof on that case the custody is in the officer under the warsubject. rant, by the terms of which he cannot deliver.The next point to be considered is the execu- him up to any person whatsoever until he is retion of thepower of attorney. That John G. turned before the commissioner by whom the Bacon signed the' power of attorney I' do not warrant was issued. The marshal is compropose to controvert; but that it was a legal manded by the commissioner to bring the alpower of attorney, or that it was legally exe- leged slave before him for trial. And these cuted, it seems to me cannot be claimed, and'I cases are; therefore, infinitely wide apart. If address myself to your -Honor, by any rule of however the marshal is the mere servant of the law that obtains in Kentucky or elsewhere. It afgent, it is true, as the District-Attorney has is shown in proof here that the acknowledg- said, that it makes no difference whether the mnent was taken by a deputy; and yet he has agent is at Columbus or at Oberlin. But it is signed to it the name of his principal. I do not a different matter if the marshal acts under the:deny that if he were authorized to-acknowledge warrant in his official capacity. And I claim,.instrumlllents of that class, and in doing so had therefore, that if the arrest be made by the.used his own name instead of his principal's, it marshal, under, by virtue of, and in obedience might have been legal enough; but it seems to to the warrant of the commissioner or court, he ime beyond question, that, under no circum- cannot part with the custody of the person arstances whatever could he certify with the name rested, without showing contempt of that officer's of his principal to the klnowtledge of that princi- mandate, and violating his official duty. For pal! Certainly, your Honor, no rule of law the jurisdiction of a commissioner in these cases can authorize one man to certify to another's is precisely that of a district or circuit judge. k7nowvledgel There is no question here as to Andwould your Honor say, that if your Honor the maxim referred to by your Honor, that had issued a warrant for the apprehension of a'what one does by another he does by himself; person, that warrant being in the usual form, and but can it be said that what one knowts by commanding the return of' the person to be apanother, he knows by himself?' And if not, prehended before your Honor, to answer to the how could this deputy certify that his principal complaint of the person who sued out the warrant; kne'w the persons named in this paper to be the will your Honor say that the officer could make identical persons alleged? And, Gentlemen, the arrest and then deliver the person out of and if the Coult shall thus hold, as it seems to me away from his own custody into the hands of it certainly must, then, of course, the prosecu- some other person, before he bad returned him tion must utterly fail. For although IMr. Coch- before your Honor, as the warrant commuanded, ran testifies on this trial that he came in to his without disobeyinlg the precept of the warrant, office just as Bacon, Mitchell, and Loyd were and treating with contempt the authority uner passing out, having finished the acknowledg- which he made the arrest? Is an agent ment, and that they showed him the paper, and thus authorized to override all courts and prolie said he would have an addition made to it, cesses? Will your Honor so rule? Unless your and so took it back to the deputyaansd had him IHonor does, which of course we cannot believe add two lines in. his presence, - yet there is no you.will; then, since, according to Mr. Lowe's pretence that this was any re-aclcnowledg7ent; own testimony, he made the arrest, under and and it is not denied that the acknowledgment by virtue of the warrant, the custody was in had been fully made before Mr. Cochran came him, and could not be alienated by him, until.,in; and this addition was. only an amendment the boy had been returned before the commisto the deput, y's certlficate. The acknowledg- sioner. And if the custody was in him, the ment is alleged to have been made before rescue was from him, and not from the agent. Cochran; and on the foruer trial he swore But this defendant is charged in the indictment positively that the acknowledgment was not with rescuing the boy from the a9ent, -the made before him, and that he had no other cer- District-Attorney has totally abandoned the tain knowlede. that it was ever made, than the second count of the indictment, - and the recognition of the handwriting of his' deputy Court will tell you, Gentlemen of the Jury, furnishecl him. But if the Court hold the that unless the testimony proves the indictment, acknowledgmeme nt legal, the next question is, by the defendant must be discharged. How, then, whom was this arrest made, and from whose can you find this defendant guilty? I-ow can custody was John rescued? The District-At- you avoid acquitting himl, if you must find the.torney has claimed that it makes no difference custody in the agent Jennings? OBERLIN-WELLINGTON RESCUE. 131 But I understand the ingenious District- the gentleman would not for one moment claim Attorney to claiht, that if the marshal makes that the custody of an agent could not be the arrest by virtue of the warrant, while the inquired into! agent is an hundred miles away, the agent may I desire now to call your attention, Gentleat any time intercept the marshal before he has men of the Jury, to the inquiry as to the cusreturned his prisoner to the commissioner, and tody of the alleged fugitive, by whom he was overriding the authority of the process, take held. Let us first look at the serious contradicthe alleged fugitive into his own custody; take tions and differences that exist between the him wherever he pleases, and even SELL him leading witnesses on the part of the Governon the spot!! Will your Honor so hold? And meait, as to the: facts of the arrest and custhe District-Attorney claims further, that, while tody. the fugitive is thus held by the agent, whoever Lowe swears that he made the arrest, but shall advise a legal inquiry into his authority the District-Attorney urged, and Davis and for so doing, is guilty of nothing less than Mitchell both swear that they made the arrest, and TREASON against the Government of the that Lowe sat and held the horses; and so the United States!!! What does the gentleman District-Attorney avows flatly that "Lowe had mean? Does he soberly claim such to be the nothingr to do with it." Now, doubtless, Mlr. law? I hope your Honor will not fail to ob- Lowe is correct; and verily, the District-Atserve the gentleman's position. He bases his torney cannot be mistaken! claim on the ground of joint custody; that the Again, Lowe says that he gave up his custody agent after having taken control of the pris- to Jennings, soon after they arrived atiWellingoner, takes further control of the marshal, re- ton. But no one supports him. Jennings says taining hin as his assistant, and thus invests he " supposed that he had the control of the himself with the authority of the United States; nigger all the time;" "but if there was any and the marshal, retaining his official character custody in Lowe, he probably gave it up and functions, thenceforth has with him a joint when he, Jenningcs, joined him." But neither control of the person of the prisoner, though ])avis nor AlMitchell know any thing about it; the authority of the agent is absolute; resist- they neither saw nor heard of any surrender of ance to either is resistance to both, and resist- authority-or change of custody, and pretend ance to them is " LEVYING WAR AGAINST not to have had any clear idea of what authorTHE UNITED STATES." Does the gentle- ity their superiors were claiming to act under; man propose to hang my client? No; he says they contented themselves with obeying orders. it would be perfectly proper, but unfortunately All they can say about the authority or the custhe indictment is for rescuing under the Act of tody is, that they think- they won't swear posi1850, and not for treason. But if resistance or tively — that the power of attorney was shown the rescue of a fiugitive from an agent was Trea- to Howk, Patton, Dickson, and Bennett. But son, I fear the District-Attorney would be no here they?~are contradicted, point blank, by better off, for the custody still remains with the every one of these men, who all swear positivemarshal. If the marshal have any power under ly and, explicitly that not one word was said the law, he must retain the custody of the person about a power of attorney, or a solitary referwhom he has apprehended in obedience to a ence made to it, except that it was handed at. warrant, until the officer issuing the warrant one time to Esquire Bennett, in a way that led commands a discharge. But how can the custody him to believe it was shown simply as the basis be said to be joint? If the marshal act under of the warrant - which was undoubtedly the the law, then the fugitive is in the custody of case, since it is the only hypothesis consistent the law, and that custody is exclusive. But, with the whole course of the transaction. And agtain, this joint custody is not alleged in the whereas the witnesses for the Government deal indictment. The charge is, that the alleged altogether in vague generalities, and probabilifugitive was in the custody of Jennings, assisted ties, and suppositions, and beliefs, any of which by Lowe. And this new claim of joint custody they will swear positively to when it seems nectis something different from the allegations in essary to make a point, reckless of absurdity, the indictment. It is a variance to claim that or mutual, or even self-contradiction, the witthe custody was joint. We are called on to nesses for the defence impeach them boldly, unanswer for rescuing a person alleged to be a qualifiedly, definitely; and in a frank, candid, slave, from the custody of one Anderson Jen- reasonable, straightforward way, that irresistinings, the agent of Bacon, and not from Jacob bly challenges confidence. In the midst of K. Lowe, a Deputy United States 1Marshal. these conflicting statements, you are left to What relevance, then, has the decision quoted make your ownM decision. I do not stand here at such length by the District-Attorney with ref- to question or deny that there was a rescue unerence to resisting the process of the United der the provisions of' the act of 1850, provided States in {he hands of a marshal? Does he the power of attorney was valid, the arrest leseriously c!aim that the custody of an agent gal, and the custody as charged in the indictstands upon the same footing with the custody ment; but I do claim, and I am justified by the of' a marshal? If he does, I should like to testimony in claiming, that no authority for holdhave hilm cite authorities to that effect But iing John was shown or mentioned, except the 132 HISTORY OF THE warrant; that no one but Lowe pretended to ing sounds that were never made, he the chief have him in custody, and that the actual custo- witness of the prosecution stands before you dy was in, and the rescue was firo Lowe,: act- self-impeached. ing as a Deputy U. States Marshal,'a-lnd not from It seems to me, therefore, that the government Anderson Jennings, as charged in the indict-. have failed to establish the custody in Jennings, ment. The only witnesses upon whom the. Gov- while, on the other hand, we have abundantly ernment relies to establish the custody are Lo'we proved it to have been in the marshal under and Jennings themselves. But Lowe and Jen- the warrant. nings are contradicted in almost every material I have briefly adverted to these legal points, statement by Howk, Dickson, Patton, Bennett, and the testimony bearing upon them as they. and Cowles. Take their statement as to what will be fully discussed by my learned associate. occurred in the interview with: Dickson. They But I feel authorized in saying that if the Court sent for Dickson to consult with, as a legal shall charge you as we claim, as to the custody adviser, and, of course, as they claim, made of the fugitive, you cannot hesitate for a meoknown to him the authority under which they ment in finding that he was held by the marshal were acting. They pretend that the power of and not by the agent, and that the defendant is attorney was shown, and that Jennings was clearly entitled to an acquittal. the chief actor. But Dickson swears positively But if we are wron ill our view of the law, that nothing whatever was said about any power if the power of attorney was legal, if the custody of attorney; that Lowe was the principal; that could be joint, we then come to the farther inhe showed the warrant, and claimed that he, as quiry, whether this defendant was in any manUnited States Deputy Marshal, had arrested, ner identified with the rescue of John. Is this and then held the alleged fugitive under said charge of the indictment sustainedbytheproof'? warrant. and it is upon this part of the case I propose Again, look at the circumstances connected chiefly to direct your attention. with the reading of the warrant by Lowe, in I propose to show from the testimony, that front of the building. Lowe swears he had there is no proof that this defendant, Charles both the power of attorney and the warrant; Langston, was in -any way identified with the that on'e was readl, he don't remember which; that crowd who effected the r escue at Wellington, the reading of the other was commenced; that so'as to become responsible in the eye of the when the arrest was made, he seized the paper law, either as actively or passively a participant out of Patton's hands, and hurried back into the il its acts. And in order to enter upon this inhotel. But Patton, Ilowk, and Cowles contra- vestigation, I lay aside for the time being all diet and impeach him in the most positive man- questions in reogard to the nature of the custody ner. and the guilt of the parties effecting the rescue. These witnesses ale intelligent, they testify in Assuming that the custody was legal, and the a fair and candid manner, and there is nothing rescue criminal, I propose to set my client beto impeach their truthfulness. I know the I)is- fore you in such a light, by the testimony alone, trict-Attorney' is severe upon Patton, but he that your oaths will not only warrant, but recan say nothing against Ilowk, and is forced to quire of you his acquittal. It is claimed by the respect Cowles, and I feel free to say that in prosecution, that he was a member of the crowd, point of intellect, in distinctness of recollection came there for an unlawful purpose, and acted, and clearness of statement, I never h heard MI. no matter how quietly, with the unlawful crowd, Cowles surpassed upon the witness stand. He and is therefore guilty. The fundamental prinand the others all swear that the warrant:alone ciple of common law, that a man must be held was read, and that all which:Mr. Lowe states to be innocent until he is proven to be guilty, as to the power of attorney is absolutely fklse. seems to be reversed by the District-Attorney. The purpose of the reading was to notify the I-Ie starts out with the presumption that the decrowd of the authority for holding the alle-ged fendant is of course guilty, and in the light of fugitive; Cowles and HIowk were desirous of this assumption he goes at work to set forth perascertaining the truth of the matter. It seems tions of the testimony bearing against the deto me that this must be convincing to show that fendant, in the strongest possible colors, and enthe custody was in Lowe, and not in the agent deavors, if possible, to reconcile that in his faJennings. Jennings is no more to be mrelied vor, with this hypotlesis of guilt. upon than Lowe. Why, Jennings swears posi- But you, Gentlemen, I trust, will not be mistively that he saw eight or ten,- and he thinks led by such logic. You will remember that the fifteen men come in at that" attic window," and law guarantees to the defendant the presunmphe swears to it over and over again, yet every tion of' innocence, that the entire burden of other witness, including Lowe, Militchell, and the proof is upon the prosecution, and that to Davis swears that not a soul enteied at the win- proceed in this investigation with an assumption dow. So as to the number of' the crowd and that the defendant is, or may be, guilty, is to rearmed men he is equally at fault. I have no verse the law, and disregard his dearest rights. doubt Jennings imagined he saw legions, and Not only is the defendant entitled to the prethat to his excited fears a shadow was an armed sumption of innocence, but:the proof r.ust not nman. Seeing sights that never happened, hear- only be consistent with,, and establish the guilt, OBERLIN-WELLINGTON RESCUE. 133 but it must be so strong: as to -exclude the pos- I tuous community, than such a response to such sibility of innocence, before you should find him tidings. But the skilful District-Attorney would guilty. If any act or deed of his is consistent be glad to dodgre all this, if he could, by urging with either guilt or innocence, you are bound to that the people of Oberlin are fanatics, and presume against the guilt. Again, the proof call any seizure of a colored man, "kidnapmust not be a mere preponderance of probabil-i ping." But, unfortunately, the witnesses unanity against probability, as to the question of imously disagree with him.:They none of them guilt, but must amount to such certainty that!.know of the phrase " kidnapping " being apnot a reasonable doubt can remain; and so lonegl plied in Oberlin, more than elsewhere, to the as a reasonable doubt may remain, the defenld-i seizure of a man according to any law. What ant mlust be acquitted. It is not optional with right, then, has the District-Attorney to claim the jury. This is the law, as the Court will lay I to you that, because such an alarm induced a it down for your guidance. And,. as I have no man to travel nine miles,- that an inhabitant doubt you will be governed b)y it, I am. con- of Oberlin should travel nine miles upon any fident that you will find a verdict of Not Guilty. alarm, he intimates is proof presumptive of a For, starting out, as vwe are bound to do, with guilty purpose - to look after a man's liberty, the presumption of innocence, it seems to me which is much dearer to any man than life, bie there can nothing be found in the proof to may be safely presumed to have gone about the change tbis presumption. And I feel confi- inquiry with no good intent! And yet the dent that, were the defendant accused with gentleman does gravely urge all this! When ally other charge, and were the testimony no an Oberlinite drives outof: town nine miles on stronger against him, you; Gentlemen, would an ostensibly benevolent mission, you mnay be not leave your seats, to pronounce him inno- sure he has mischief in his heart! This the cent. The District-Attorney, however, would gentlemnan urees:with no little assurance, as a have you assuune that the gathering at Oberlin self-evident pl'oposition; and thereupon the was all unlawful gathering, a gathering for an gentleman indulgedl himself in an harangue unlawful purpose; that the gathering at Wel- against Oberlin generally. lington, or at least 300 of the persons in it, were It is worthy of your notice, Gentlemen of assembled presumptively for a like unlawful the Jury, that this defendant does not appear purpose,: that the crowd were presumptively to have been at any time in the crowd at Oberassured and notified that John was a slave, and lin, befbre their departure to Wellington. Nor in the custody of Jennllings; and that this does it appear that the defendant is a resident defendant, being in some part of the whole of Oberlin; on the contrary, it is shown he crowd of 500, was, necessarily, one of those was onlyv there on a visit; that lie was a fellowseelking to effect a rescue, and presunmptively citizen of Marshal Lowe; that he has resided active in the use of unlawful means! in Columbus, and is now an inhabitant of Now was there ever before such a perversion I Cleveland. I suggest, therefore, to the Districtof law witnessed in a court of justice? Is thlat Attorney, that his diatribe upon Oberlin was the way in which the Federal Governlient entirely uncalled for and out of place. The would have its prosecuting attorneys attack gentleman's denunciations of the unlawfiul every man suspected of crime? Why, Gen- g:tthering at Oberlin fall harmless at the feet tlemien of the Jury, 1 venture to say that this of my client. It does-not even appear that the gentleman himself' never took such a'position defendant went from Oberlin to Wellinigton. before, and that he cannot. seriously intend it lie was first seen at AVellington, and when or now. But how are these things'when viewed how he came there, we are not, informed. And in the light of the testimony befobre you? were it shown that he went from Oberlin, fThie report went out at Oberlin, that a man which it is not it should still be remembered had been unlawfully seized and carried off by that as there were a number who went thus persons wlho.were identified as those that had from Oberlin, with no purposeto assist in the been skulkins in close hiding.places, or, abroad rescue, alhough with more or less interest in, under cover:of night, evidently enough with no and sympathy for:John, this man has the same honest purpose in view,. for some days or weeks claimi that they have upon the presumption of previous.i; No combination of circumnstances the law that his purpose was no guilty one, uncould warrant.stronger suspicions that a fbul til it is so distinctly proven. deed, and not a lawfill one, had been commit- And as to the excitement of the crowd, conted. The people hastily ran together, and, cerning which so much is said, it will be well being able to learn nothing more than the fact for youto call to mind the testimony of the witof the abduction, and that the seizure had been ness Wood, who, although taking great care to made through the vilest deceit, and the parties make all he could for the government, tlioughthad been miet hurrying toward Wellington, set lessly allowed it to leak out how the excitement off thither at once, without consultation or was kept up" that li he and others like himself concert, other than the spontaneous unanimity were there, not to participate in the rescue, but of the, desire toascertain the facts, and, if not to have "fun geenerally," and that they had it too late, prevent an outrage.:Surely nothing by raising such cries as, "Here he goes!" could be more honorable to the people of a vir- This way," " Look out, there,' and so kept 134 HISTORY OF THE the crowd rushing from one place to another termined to have him any way." On crosswith much noise and confusion. So, therefore, examination, the same witness says the defendit is shown a man might go from Oberlin, min- ant said, " for they are determined to have him." gle with the crowd, aid in keeping up the ex- You all recollect the difliculty we had with this citement, and still have no part in the rescue. witness in fastening him to any tolerable degree But the District-Attorney claims that going of accuracy in his statements, an(l that, in his there and remaining, no matter how short a grammar, there is no such thing as the first pertime, in the crowd, was clearly unlawful, and son. that, having once entered upon an unlawful un- Mr. Lowe stated that while he was talking dertaking, the defendant could not abandon it. with Langston the train passed Wellington. I have simply to say, that no authority is shown That this -was their first interview. Aiid by to sustain so absurd or monstrous a doctrine. other witnesses it was ascertained that the train But whether law or not, it has no'application to passed at 5:13, r. M.'Lowe further says that he, this defendant. The point for the government seeing Langston in the:crowd, and having known to establish is, Did he entertain any guilty pur- him well at Columbusas aprudent, discreet, and pose? That he went fiom Oberlin is no plroof well-disposed person, sent for him to come up, of such intent. Nor is it proved by his mere believing he could be persuaded to intercede presence in the crowd. For it is abundantly with the crowd to -re!ard the law and disperse. shown, and the (Government admits, that a large There is no proof that Langston was in this portion of the crowd had no sympathy with the room - the room where John was - with rescuers, and that numbers went fronm Oberlin, Lowe either before or after this interview, were there from first to last,.and yet took no during which the train passed. It is proved part in the rescue, nor had any intention of that he was in that room only then. And that committing any unlawful act, and cannot be when any one testifies that he thinks he was charged with any unlawful combination. The seen going up and down that house at other mere suspicion of the District-Attorney that times, such testimony is altogether unsupported. this defendant was there to commit an unlawful And Jenningsl would. be least of all reliable act, I am sure will not convince you, Gentle- upon such a point. I-Ie has been proved to have men, that was the fact. The District-Attorney made already too m-l1anly glaring mlistakes and is forced to admit that the conduct of the de- exaggerations. In the matter of the language fendant was peaceful, that he committed no Langston used, for instance, he shows well overt act of violence; but he claims the defend- enough to you that he is utterly unable to state anlt was " a snake in the grass,," that, in a secret any material point with accuracy and certainty. and' underhanded manner, he was inciting oth- At what time this talk was he is n't able to ers to violence, and was, in fact, one of the in- tell you, but thinks it was but a short time stigcators of the whole affair. But, in my view, before the rescue, not more than half' an hour Gentlemen, there is no proof to warrant any or so; while Lowe swears positively that it was suchl conclusion; but, on the contrary, his whole while the train was passing, an hour and a half conduct, so faar as the testimony shows, instead or two hours before. So lie tries to locate it of contributing, to the excitement, inciting oth- upon Langston at a time and place when Langers to perform acts of violence, he was counsel- ston could not have been there at all, andi when ing peace and a resort to legal measures. If Lowe himself swears he was not there. So that such be the result of your convictions, I do not in all this confused and worthless testimony of doubt he iwillreceive at your hands an honor- Jennings, there is nothing to implicate Langston able acquittal. at. all. Again, Lowe, who knew Langston WXere this an ordinary case, and had it been well, swears he did nl't come into the room at tried in an ordinary period, I should notlonger the time of the rescue; others swear positively dctain you. But it is something like three that no one came in; and yet Jennings is quite weeks since some. of the witnesses testified, and sure he saw Langston come in! Doubtless he the District-Attorney has so confidently claimed was one of the immortal fifteen that came in a conviction at your hands, I feel it my duty through that windorow! What confidence can somewhat carefully to review the testimony of any one place in such a witness? He soberly the witnesses of the Government bearing upon believes, he tells us, that ten or fifteen came in the conduct of the defendant. And I feel con- through that attic window, when the ladder fident that., weiahing the evidence and consid- was put up' and every other witness from outering the facts in the light of those rules of law, side and inside swears positively that no one to the benefit of which ievery man is entitled, went in at that window.: And so he thinks a you cannot but agree with me in the conclusion crowd came in at the door, - and I believe I have formed. The first witness was Jen- Mitchell does too, - and% hustled John out, nings. while Lowe and all the rest' say they saw no Jennings says, Defendant came into the room one come in; but that the two or three who and talked with Lowe: -I have taken great were in the room all the time went out with pains to give this' testimdny accurately. Lowe him! That "-lick" on the head seems to have asked him to assist him. He refused, and said very dangerously affected his optic nerves i we might as well give him up, for " we are de- Mitchell says Langston was there, thinks he OBERLIN-WELLINGTON RESCUE. 135 was there more than once; is n't certain about not for you to decide upon as jurors, but for the it, and can't tell any thing that was said. Court. But it must go to you, Gentlemen, to Wack saw Langston about in the crowd, but show you to what straits the prosecution are doesn't rememlber any thing that he (Lang- driven i And, your Honor, if that has come, ston) did. He was acquainted with Langston; to be the doctrine of the Courts, I apprehend testifies to the detail of what was said and done that it is something totally new! in law. For it by others, but can remember nothing that is not claimed that the boy was in the custody of Langston said or did, and is quite unable to the Marshal, but the charge of the indictment charge him with doing any thing to favor the is that he was in the custody of Jennings as rescue. And that nothing could give this Mr. agent, and of Lowe as his assistant. Not in the Wack so much pleasure as to testify to any custody of Lowe as marshal. And if for callthing that would seem to implicate any of these ing for the legal investigation of stch a custody, defendants, we all knew long ago. The rela- a man is to be held guilty of Treason, I undertion which he sustains to the people of Oberlin take to say that it is worse than ally construeis too peculiar to allow him any other feeling. tive Treason that was ever known in the darkHe is an important witness for the Govern- est ages of English tyranny. I will not argue ment; he was one of the first at Wellington; so monstrous a proposition, but leave it for you was there fromn the beginning to the end; saw to decide, Gentlemen of' the Jury, so far as it the whole transaction; knew Langston perfect- is for you to pass upon it, under what I am sure ly well; and yet eveln he dare not say that he must be the instructions of the Court. saw anylthing in his conduct that would impli- Vood further says that he saw Langston cate him with the rescuing part of the crowld. near the back door- shortly before the rush was A willing witness for the Government - none made, but that he was neither saying or doing could be more willingt- saw Langston often any thing, and can't say whether Langston through the afternoon, -watched him closely, went in or not. Now Wood is evidently misr -and cannot lisp a syllable against him! Is n't taken as to the time he saw Langston, if he there something si;nificant in such a state of saw him at all, in the crowd who were trying things, Gentlemen of the Jury? And Mr. to enter. Now the rush was made while Lowe WTVack says, as all the others do, that the crowd was reading the warrant. WThen Lowe came was a very promiscuous one, made up of' all down with Patton and Meacham to read the extremes of sympathies; that there was no con- warrant they passed out at this back door. cert of action even among the rescuers, but But Wood, you remember, saw nothing of that every man was acting for himself. transaction, neither Lowe's coming down nor Wood testifies that he saw Langston some the' reading. It is clear he must have been abtime in the afternoon sitting on a box, and that sent at the time of the rush, or at least for some accosting him, he asked him how things were time previous thereto. Again, Howk and Bengetting along, and he replied, " They've turned nett both saw Langston about the time Lowe out well." Then witness told defendant that came down, and he was then in front of the "there were papers got out for the Southern- hIotel, so that Wood cannot be correct as to ers, but the constable would not serve them the time. lie undoubtedly saw Langston, for without indemnity bonds," to which Langston he was perfectly ubiquitous on that occasion; replied that "they would have him any way." but even Wood can lay nothing' to Langston's Now who did he mean by him? John the ne- charge. For the purpose of testing the logic gro, about whom nothing had been said, or of the prosecution, let us suppose that this felLowe the Marshal for whose arrest the warrant low Wood was on trial instead of my client I had been issued? It is for you to infer, Gen- am doing injustice to. my client, I know, by tlemen; and you will say that the latter infer- Supposing that such a man as this Wood capaence is the only natural one. Nothing could ble of filling his place for a moment - but grant be more violent than the other. the supposition for the sake of the argumlent. And now I understand the District-Attorney In the first place, if' arraigned here, he certainly to claim, that, if a person learning that some would n't have much to brag of in the way of one has been arrested and seized inma suspicious color. And I speak of this, because in the eyes manner, and so firmly believing that the seiz- of the District-Attorney the fact that a colored ure is contrary to the laws of the State as well man,- no matter if, as in the case of my client, as unauthorized by any law whatever, -as to be the tinge in his skin is scarcely perceptible,ready to affirm such belief upon oath, calls for was in the crowd at Wellington, is proof conor advises to a legal inquiry into the facts of the elusive that he was there with an unlawful purseizure, by state process, before a state magis- pose. But it is not claimed that Wood went trate, no matter who the magistrate be or how there with any unlawful purpose, - the very suspicious the circumstances of the arrest, if the contrary is boldly asserted. And yet this man claimant proJfsses to act under United States Wood went to Wellington in great haste authority, - such call for or advisement of such among the very'first -swears he was greatly legal inquiry by such State Tribunal is nothing excited, - cannot give any good reason fbr short of TREASON, being constructively levy- going, - bustled about there wonderfully,ing war against the United States! i i This is spoke to John on the platform, - made more 136 HISTORY OF THE noise than any other man in the crowd, -'at them, but that he came there with a lawful the time the rush was made and John rescued, purpose and sought, so far as he was able, to ran across the road for another ladder after carry it out. Remember, Gentlemen, this witone had been forcibly thrown down, - says it ness is one on the part of the Government and, was a very heavy one, but it seemed light be- that when they prove his peaceful acts, the decause he was very much excited, — set it up fendant should have the whole benefit thereof. against the balcony and sprang on to go up,- The next witness was Ciharles Wadsworth. a man, pointing his pistol, threatened to shoot He says that he met defendant in the building him dead if' he did n't stop, - told him to shoot up stairs and asked him if the papers were all and be d d,- rushed right on up,- and right; that Langston replied, that it made no so on all the afternoon; helping the crowd difference whether the papers were right or not, and intensifying the excitement by every that they were bound to have him any way; means in his power; and yet he swears here and he says he thinks Langston went up and himself that he knew all the time that John down stairs three or four times. But this witwas a slave, and wanted to go back to his mas- ness says he left when the train came in. You ter; for John had worked a good deal for him will remember that the interview between Lowe apd told him all about it.! e - and Langston occurred while the train was passAnd' now I ask, if this man Wrood was on ing, and that that was the first time Langston trial at the bar, charged with participating in went into the hotel. It is therefore doubtfhl if that rescue, would not an infinitely stronger this witness saw Langston at all, but if he did, case be made out against him than against the what does the expression he claims. to have defendant?' Could not the DIistrict-Attorney heard prove? He does not state whether this triumphantly claim that W~ood was a man of wasa determination of Langston's or simply an color,- that he resides in Oberlin, that; lie expression of' opinion by him as to the feelings went nine miles to-look after a fellow-citizen, of the crowd, just such a (leclaration as Lowe that he mingled with the unlawful crowd both or Jennings or Davis or Wheeler might have at Oberlin and;Wellington,: that he moved made without any imputation. Why not Langabout in the crowd, contributed to the excite- ston as well'? Is it because he is a nigger'? ment and helped in the rescue, well knowing The District-Attorney does n't claim that Langthat John was a fugitive and held in lawful ston was openly aiding the rescue, but was "encustody'? It is clear, however; that Wood took gineering it from behind." Only by assuming no part, either in thought or deed in the res- the defendant is guilty, and that he was lying cue. His despicable brain conceived no such when he advised resort to legalmeasures. Only laudable act as that. I state the case simply to by misinterpreting his every word an(Id look can show that all the acts which the District-Attor- you by possibility find him guilty of any parney claims'as proving guilt, are consistent with ticipation in the rescue. I have no fear that perfect innocence of the charge in the indict- when a man's conduct appears fair and honest, ment. you will torture it into lying and deceitfulness. The next witness was Wheeler. I-IHe says he 1arlcs saw Langston at Wellington, but alsaw Langston, heard. him advise the crowd to ways found him quiet and still; neifher doing keep quiet and use no violence, but resort to nor saying any thing. Now Marks, too, is an legal measures, and. that the only legal way to Oberlin witness for the Government,-knew releaselJohn was to obtain a writ of habeas cor- Langston well, - was by when Wood had his pus. And:cl so impressed was Wheeler' with conversation with Langston, but it made so litLangston's conduct that: he says he testified in tle impression on his mind that he cannot, tell the former trial that if every one had acted like -any thing that was said. He camle with Wood Langrston there would have been no unlawful and Wack, anmong:the first, was there conproceedings. Now, Gentlemen of the Court, I stantly till the rescue was over, - saw Langston shall charge you, that if you find this defendant frequently, - has no more sympathy for niiggers in thus advising a legal investigation as to the or Republicans than Mr. lW.ack or Mr. rood, custody of the alleged fugitive, was guilty of an - and yet cannot say that he saw any thing in unlawful interference, as claimed by the Dis- Langston'sconduct that favored the rescue. triet-Attorney, then, indeed, are the labors of tIacbert saw Langrston at. Wellington, and this defence at an end. - thinks he heard him talking about a paper to But no authority has been shown for such a secure the constable. I-e understood thlat the monstrous doctrine, and I have no fear that object of;the warrant in the hands of the consuch will be the instruction given you. You stable was to secure an investigation merely, to are to look at this conduct of the defendant as ascertain whether or -not the custody was a leupon his other acts, for. the purpose of deter- gal custody, and that Langston was advising to minilng!lis purposes, and whether or not he was the servingf of the warrant for that purpose. identifying himself with those who were there This young gentleman. is also a Government for an unlawful object. We claim that this con- witness, brought here by no means thus to exduct of the defendant shows beyond doubt that culpate, but to convict the defendant. The Govhe was in no manner connected with the un- ernment, therefore, find themselves forced to lawful crowd, nor in any manner identified with abandon the case, or else to claim that this ad OBERLIN-WELLINGTON RESCUE. vice as to tile service of the warrant was a mere'would:come with the soldiers! And every cover or subterfuge, or was illegal and revolu- other statement he makes is equally absurd and tionary;;-but we apprehend that the Court incredible. IHe claims that langston came at will, in due time, relieve them from this latter the time the rush was made. Ve have preposition, and instruct you more inuaccordance viously shown that, at that time, Langston was with reason and law. in front of' the hotel. Barber saw Langston at Wellington advising only legal measures, and doing nothing what- TIIRTEENTI DAY. AFTERNOON SESSION. ever to excite the crowd to a forcible rescue. Mr. GRISWOLD continued: 1 was profceeding I-e thinks he saw him stand at one time with with the testimony touching thle conduct of his hand upon a gun, but has nd reason to be- Langston at Wellington. The next witness was lieve that it was Lanoston's guln, nor does he Davis. What was his testimony? Why, he know that it was not. ]it is said that when sent thinks that Langston was the man that was with for to go up to Lowe, he left the gun with, or Patton, when Patton had a conversation with handed it back to some one, and went up. uli- Lowe, which Lowe thinks was before the readamaned, and at no other time during the after- ing of the warrant, and which Patton swears, noon did any one see any arms in his possession. positively, was afterward; but Lowe and PatAnd I take it that the testimony of this witness, ton agree in contradicting Davis, that Langston Barber -called by the Government -a can- was not with theml, but it was a man by; the did and f.ir witness, whose testimony is straioht- name of (Griflin, whom neither of them knew, forward and clear, should have great weiuht and who claimled to be a stranger passing with you; and that since he swears positively throughl the l)lace on his journey. that Langston acted constantly as a peacemaker AWe -now come to the only remaininig witness when he acted at all, you should well consider who testifies as to what Langston said, and, as the remarkable concurrence of his tfestimony I take it, must be ialllmost the only witness the with that of the other Government witnesses al- Government will undertake to rely upon. And, ready illentioned. as I view it, without his testimony I refer to Sci)les swears that he heard Langston talk- MArr. Lowoe-tthere is no evidence that would ing with Watson, upstairs, about a habeas cor- weigh a feather against the defendant if this pus, and saying that it was too late to send fobr were even a citil itistead of a criminal suit. I it, because troops from Cleveland had been sent do not deny that, if MIr. Lowe's testimony were for, and would arrive by the 5 o'clock train. correct, well supported by collateral evidence, Now can you believe Sciples, when Watson and consistent with itself, it would tend strongly swears positively that le had no conversation to connect the -defendant with those engaged] in with Langston upon any subject whatsoever, in the rescue of: John. But Mr. Lowe has been any pal t of that building during that day? I proven to be so uncertain a witness, his memnee(l say notlhin about S ciples' character, when ory shown to be so utterly at fault, that, when he hlas already, in your presence upon the stand, he undertakes to charge this defendant by a acknowled-ed1 himself to be a liar, and has single expression, and that expression being at been impeachefl here by hlalf a dozen of the variance with the defendant's whole conduct, best citizens of Wellin ton, who declare him to when the whole. thing rests on the acicuracy of be notoriously untruthful and unreliable. And Mr. Lowe's recollection of a particular. word, it as to what he says about seeing Langston go up seems:to mle great. caution should be used in stairs with Watson, just before the rescue, he is taking the statement as true, and that the deas positively contradicted aain by cWatlson, and fBndant's liberty ought not to be taken away is entitled to no sort of creciti. from him on such testimony. Mr. Lowe says; Bonny says that Cummings said to him, that " I aent wordl fobr Langston to come up;, t.ink I if hlie would open that dorom-the front door exrlainedl to him all about the matter. LangLangston would give him five dollars. But ston expressed himself satisfied. I told himni I he does n't claim that Cumtling s was authorized wanted him to go down to the crowd (this was to make any such statement, or that it was any the only conversation we had when others were thing more than an expression of private oplin-, present) and inform them of what I had told ion, and what the grounds of that opinion were him. Langston said he would go down and do he does not pretend to know; nor does he say so. Think this was about 5 o'clock. The train that Langston knew or heard of the offer. passed while we were talking, -reimember this Reynolds' appearance alone is abundant im- distinctly, -it passed nearly two hours before peachment of his credibility. Full of conceit, the rescue. I-Ie vent down and was gone some overflowing with airs, and anxious only to dis- twenty minutes or more; came up and called play his wonderful self. He swears that, at a me out into the little room, -we two. were certain time, he was -guarding the back-door, there alone, - said he had talkedl to the crowd, when it was shown that, at that time, Fay and but could do nothingi with them, — they were Davis were guarding it, and he was not. And bound to have him ainy how, -asked me if I lie undertakes to make us believe that Langston could n't get Jennings to give him up peaceably. said, half an hour after the train had passed, I told himlz it was no use to talk about that; we that they must have him soon, -or. the train should hold him as long as we could. Langstonl 18 138 HISTORY OF THE said he was anxious to have a committee go to his menlory is proved to be uncertain and inaneColumbus with us, but the people below would n't curate as to transactions much more prominent, hear to it, and so he wanted me to get Jen- it seems to me that this caution mentioned by nings to give hin up peaceably, because he the writers on evidence should by all means did n't want to- see any trouble. When I told give way to prompt rejection; and I cannot Langston that we should hold on to John as doubt that your verdict will prove that you do long as we could, he rose up, and turned to go not differ with me here. away; as:he rose up, he said,' we will have Why, there is not a single occurrence which him any how.' I was surprised at this, because, Lowe has undertaken to state here in which he up to this moment, I confidently believed he has not made positive statements which were was working for us." Now this is the chief tes- contradicted by the most reliable witnesses, on timony upon which the Government relies to material points, and these have as often been show that the-defendant was identified with the witnesses for the Government as witnesses for rescuers. the defence. He says he was all the while perIt all turns upon a single word. The pros- fectly cool and collected, and ought therefbre ecution claim that he here showed "his cloven to be believed. This does but make matters foot," and expressed his own determination, seriously worse. For if he were excited, as that all his words of peace and fairness were other witnesses confess they were, and everylies, that failing to deceive he was ready to use body was, there might be some sort of apology violence. If, however, Mr. Lowe is mistaken for him; but if as he claims in the midst of all as to a single word it changes the whole face of this crowd and excitement and imminent peril the matter. If he simply said "they'll" have - as the prosecution have labored so hard to him any how, as he had before stated to Lowe, show there was- he alone was cool and colit would have been duly an expression of opin- lected, and yet can tell nothing straighter than ion and not a determination. Is a man's liberty he has done, he fatally impeaches himself as to be taken away on merely the accuracy of having the most unveracious of memories, to MIr. Lowe's recollection of exact words a mlan say the least. To say that a witness making uttered at a particular time? Did Mr. Lowe such pretensions, who is contradicted on the stand before you as a perfectly candid and plainest points by the united testimony of such trustworthy witness, it would be going a great men as Howk and Bennett and Patton and ways to stake a whole case on his recollection Cowles and Dickson, - I say when the Governof a particular statement. ment undertake to put such a witness forward Even in a civil case his testimony should be as so reliable that the liberty of the defendant received with great caution, for you all know may safely turn upon his accuracy of memory that verbal admissions are most doubtful testi- about a single word, - theyare going, as your mony. With the permission of the Court let verdict, I take it, will teach them, considerably me read to you what Mr. Greenleaf says onl too far. this subject. 1 read from Greenleaf's Evidence, I believe I have now gone through with the I. 258, ~ 200, " with respect to all verbal ad- Government's testimony in this case as to what missions it may be observed, that they ought to occurred prior to the rescue. They call the be received with great caution. The eridence, witness Ells to show that the defendant took consisting as it does in the mere repetition of part in a meeting at Oberlin, after the rescue oral statements is subject to much imperfection had been. effected. Mr. Ells says lie heard and mistake, the party himself either being Langston say something there, but he can't misinformed, or not having clearly'expressed recollect what it was, only that lie said somehis own meaning, in the witness having misun- thing about the affair at Wellington. And derstood him. It fiequently happens also that because he does n't give down to suit the Govthe witness by unintentionally altering a few ernment, he meets with not the most gentle expressions really used, gives an effect to the treatment at their hands. It is a little odd for statement completely at variance with what the counsel to abuse their own witnesses, but we party actually did say." Now the changce un- mnust remember that the District-Attorney is in intentionally of a single word, instead of a few a very tight place. expressions by Mr. Lowe, gives his testimony Warden heard Langston in the evening. He an entirely, different character. The rule I says Langston gave a statement of what took have read is applicable in civil cases, how much place at Wellington. He heard him make no more should that caution be, exercised in a reference to himself that would implicate himcriminal case.' This is the rule given when the self as having had any hand in the rescue. He witness is perfectly honest, unimpeached, and says further that there were other men there endeavors to the best of his ability to tell the who took no part in the rescue, who could give truth. But where a man's liberty is staked as clear a statement as he did. upon the recollection by a witness of a single PThilip Kelley. (And in connection with this word, when that word is inconsistent with the testimony of Kelley, I would have you refer whole conduct of the defendant, when that again to the testimony of Lowe.) Kelley says witless has been contradicted by numerous Lowe sent for Langston and asked him to assist other witnesses, on other material points, when;l him to pacify the crowd, but Langston refused OBERLIN-IWELLINGTON RESCUE. 139 and said he would n't interfere in any way;:the coulnselling; rather a resort to legal measures; crowd would have him any how. But Lowe and, when called upon by Lowe for advice, says he expressed himself satisfied with the au- told him frankly that the crowd were excited thority shown him, and promised to go down and seemed bound to rescue the boy at all.hazand see if he could n't persuade the crowd to ards. And then at Oberlin, in response to a regard it; so that Lowe believed up to the last call of the community, he gave an impartial moment of the second interview, when he statement of the occurrences which he had witheard the word " we," as he thinks he did, that nessed at Wellington. Langston was working for him, as against the Gentlemen of' the Jury, will you for one rescuers. " So neither do these witnesses agree moment: think of saying that sutch conduct together." -: makes him amenable to the pains and; penalties Lymian says that Langston made a speech at of the Fugitive Slave Law? Oberlin, and recited what had been done at In the case of Giltheri v. Gorham et al., re-'Wellington, without in any way referring to ported in 4 McLean, 402 seq., and cited by himself. I think it is Lyman, also, who testifies the District-Attorney, where the. testimony that. while Langston was speaking, some one against Gorham was vastly stronger than: in saidl "Mention no names;" but another wit- this case it has been against Langston, the ness says that this was while Lincoln was Court laid down the law thus,' 423: If speaking. from the whole evidence it shall appear that The other witness, and the one upon whom Gorham and Comstock and Herd, the other the Government place great reliance, is'this defendant, went upon. the ground with a view mlan. to preserve the peace, and they, nor either. of Gaston. Now it is some time since he testi- them, while on the. ground, said nor -did any fled, but you remenmber how confused he was thing to excite the crov'd to oppose the seizure in every thing. He said Shipherd called for of the fugitives for the purpose avowed; and certain groans and cheers, and then Langston especially if the tendency of their acts was to began to speak at once. But, on cross-exami- allay the excitelaent without encouraging the nation, it appeared that, between Shipherd's rescue of the fugitives, they are not guilty as calling for gloans and cheers, and Langston's charged in the declaration." beginning to speak, half an hour had escaped, And this, your Honor, I take to be the law during which the witness went to the post-office applicable to this case. and back, and when he came back he found The jury in that case disagreed, altlouTgh it Langston speaking on the other side of the was in a civ:i case, where'it is not required that street, in an entirely different place. And he the proof shall be "beyond a reasonable do.ubt," says that some time during Langston's speech but simply a " preponderance." some one asked, "Have you got John?" and It certainly cannot be claimed, then, that this he sid, "We have." But no one who heard defendant was there using violence, or encourGaston's testimony, confused, mixed up, discon- aginff others to use violence. But he most cernected, uncertain, self contraclictory as it was,;tainly- with whatever motive he came, and but felt sure that the witness neither knew concerning that we know rnothing — while what he had heard at the meeting, nor what he there expended all his influence to allay excitewas testifying to here on the stand. Indeed, ment and prevent violence, according to every this was evident in what the witness. said in one of the. Government's witnesses. There is regard to what he heard about Marshal Dayton another matter out of which they seek'to at that meeting. He would have you believe charge him; to wits that he implicated -himself that Langston spoke of Dayton's " putting down by expressing joy that John had escaped, - Twas the railroad track, his coat-tail sailing in the carried off froml the custody of the Kentuckiwind," to use the elegant phraseology of the ans. Now, as I consider it, Gentlemen, the learned District-Attorneiy, "like a, stub-tailed bare statement of the. District-Attorney that bull in fly-time." It is clear that Dayton. was Langston "gloried over the rescue," can hardly in no way connected with the doings at Well- go to you as testimony.; because the learned ington; that Langston at this meeting only counsel for the Government is not a witness in gave a detail of what had happened, not iden- the case. Ile says that Langston gloried over tifying himself' in any manner, but simply it-:but his witnesses have not said so. That stating what he had witnessed. there were such expressions in the crowd, is According to the testimony, then, this defend- altogether likely;'but I believe none of them ant was at We'llington; but whence he came have yet been attributed to Langston individuthere, or how, or for what purposes, the Gov- ally. The District-Attorney's favorite " coinernment do not show.. mon responsibility" doctrine can hardly be Therefore, according to the law, we presume stretched to cover as much ground as'this. them to have been altogether lawful. He And even if he had expressed himnself gratified found, on arriving there, that John was in cus- at John's escape, forgetting for the moment the tody, and embraced the earliest opportunity.to "awful wrongs done to a violated law," he inquire by what authority. Getting answer, would only have done-as the District-Attorney he advised strenuously against the use of force, himself, and your Honor, and every one of 140 HISTORY OF THE you, Gentlemen of the Jury, would have done but to see that justice was done alike to the too, if there had been a spark of humanity:left law and the prisoner. In one sense, every in your bosoms. I take it, that the impulses of person charged at the bar is to be considered as our better natures are such,. that, because a part of the nation, which is represented by the man rejoices over the escape of a brother man District-Attorney, and I trust he will not fobrget from that bondage to which;no hilgher power that -persecution is not laudable zeal in the nor greater riight than brute force has bound performance of duty. him, even if the law has been violated, he I have gone througlh with the testimony on cannot safely be set down as necessarily; an the part of the prosecution, and I need not anarchist and a traitor. Laws, t6 claim the refer to the testimony of the defendant's witrespect of good mlen, must~ be:good; as must: nesses which is fiesh in your recollections. the men that mlake and the ilen that execute From first to last it appears that Mr. Langston them, so long as nothing' of human creation is was laboring'to promlote peace, to prevent infallible. And let us thank G;od if the noblest violence, urging the ciowd not to use farce but impulses of. the human heart are so strong to confine themselves strictly to lawful mieasthat no cruelty of law' itself can:chain themi' ures. The'attempts to prove the statements of down. defendant contrary to this, and identif3yingr himI believe. theseare a6llthe testimlony-brought self with those using force, are absurd and forward by the Government. Their chief re- abortive, the alleged statements being inconliance is:upon declarations which they claim go sistent in themselves, and the witnesses either to identify this defendant with the- rescuers, contradicted or impeached. With great pleasandl yet these are' almost without exceptionl ure, therefore, Gentlemen of the Jury, I coincases in which he was advising a resort to mllit the interests of my client to your keeping, legal measures. And in no' case have the confidently believing that you will lay aside'all witnesses been willing to hold themselves re- prejudice to his color, that you will give the'sponsible for the exact language.' testimony a fair and candid examination, alnd Let us look back for a naoinent —to show, that the defendant will receive at your hands a the remarkable harmony amongr the leadlingl prompt and honorable acquittal. witnesses for the Government -to the speech [It being. already three o'clock, and the of John from the balcony. That John'went or afternoon of a Saturday, the Court adjourned was taken out there, seems to be agreed. But until Monday morning, MIay 9th, at nine bey ondl that nothirng. For Jenn'ings don't o'clock.] ~know as the boy really said any tliin-, or if he didl;,vwhat it:was. The rest agree that he said FOulnTE RT I DAY.-,. 1.o NxINxG SEcSSION. something, but diflter the poles apart as to what it, was. l Mitchell, Davis, Lowe, and WVack, Br. BACKUS openedl his argument for the each undertake to give a version of the dis- defeicce. tingrished' entleman's reinarls, and yet no one [IIe berred the indulgence ofthe Court andl hearinur the m sepparately would; in the end the Jury, as hewas labolring under sevele ilbelieve either, so ut.tely diverse: are their ie- disposition, ald lnust speak under great disadmembrandes. Somewheree I hlave collated an vantage.] - compared these differeIt'vxersions, but cannot Gentle'lmen of the Jury:lay my hand uponthe piaper now. And yet, The disposition of the issue now before you all of these uclndertae to give very nearly or will depellcnd upon the facts which have been precisel. John's words; thotuigh they differ brought out in the long examination to which almost as widely with themselves on cross-exam-i you have listened. Mluch of' the evidelce in nation as they do with ieach other on the exami- the case has been ably analyzed and cominent-nation-in-chief. And now:the prosecution ed upon by- my associa:; and so far as my own wi:il ask ryou, Gentlemen, I suppose, incredible judgclent is conceinet, I shtould be willing to as it would seem in any ordinary case; to con- submllit the case to you, and'with confidence'vict. this man upon such testimony,,'and the await at your lands' a verdict of acquittal. But confidence they expect you to exercise in the I lknowv that my client would not be satisfied; absolute integrity and infallibility of Mr.':Lowe's that those who are with hil, and whose intermemory of a single iword, in a conversation ests in this case are similar to his own, would where, no one can differ with him except the not be satisfied without a still further examinadefendant t-who is debarred from testifying — tion in accordance with the usual practice of because no one else heard it; the only instance the facts in e\vidence. I only wish that I were in which he has not been impeaached. It seems in a conidition, in rei ard to health, that would to me, Gentlemen, but I may be mistaken,:that better enable me to discharge the service which this is a manifestation- of zeal required of tlae they expect at my Iands. gentleman neither as a lawyer nor as'a prose-' It need not' be -said that this case is new; cuting officer. I cannot account for such an that around' it are clustered circumstances anxiety to convict. It is not his business to Nivhich are not usually connected with cases at convict every person merely suspected of crime. this bar. - It need inot be said that it is a peeuCourts were never instituted merely to'punish, liar case, and'that political considerations enter OBERLIN-nWELLINGTON RESCUE. 141 largely into its facts; - not the considerations aIs baseness to the: act with which: Charles'Langof commb'on partisan politics, but political ques- ston stands charged before you! tions that affect the nation at large. Now I say, that, in the case before you, the The- charge against the defendant is based statute must clearly have declared the offence, upon the statute which is claimed to have been and the proof brought to sustain the charge passed to make effective the Constitutional pro-:must be:plain. The assembled wisdom of this vision for the reclamation of fugitives from ser- country, in the Convention which framed the vice.. The offence. here charged, then, is.a Constitution, could never- have intended to say political offence. The- defendant is: charged, that it was morally wrong'for a citizen of this not with the brieach of a moral, but of a legal free country - a country whose liberties that rule. He is not charged with the commission Convention had met to secure forever -to exof one of those crimes at which Humanity: re Itend a helping hand to a mortal who had been volts. He is not charged with one of those suffering life-long the most' cruel and' galling acts upon which the whole world has always oppression, or to aid him in escaping froml such looked as immoral and infamous.: He does not bondage. They cannot have looked upon such stand befbre you accused of: the commrission'of an act as wrong: in the absolute sense, because any thincg which is in itself a. crime, but with that would have been utterly at war with the an act which is only a crime, because the law fundamental principles of the government they declares it is. And if he be found.guilty as sought to establish. But the political exicencharged, his character will not. be affected as is cies which were upon them, and which they his who has been convicted, of theft, of arson, or were compelledl to consider, obliged them to of murder. There is not one of you, Gentle- make some provision.for the pmuisuit and reclSmen of the Jury, who would look upon him mation of persons'" owing service," who might after conviction as you would. look upon a thief, escape from States where municipal regulations or one convicted of a moral wrong. made such service legally due. That ConvenThe motives which lead to the cormmission of tion did Inot advocate. the justice of such a these two classes of crisies are widely different. measure, in its discussions upon the subject. It -That of the one is selfish and base, and usually.simply provided that if in any State there were impels to action the low and degraded;.and. laws subjecting any one class to another class subserves ends base in themselves. The other though such'laws rested not'.upon any moral is good — acts upon the good- and leads only right, but only'upon physical fbrce, no other to deeds good in themselves. In one case the State should so legislate as to impair:the effect transgressor is indeed a criminal, and became of such laws.: For, as the States were all to so with that accompanying malice which you remain sovereign and independenta in matters all know constitutes the very virus of crime. not delegated to the Gelieral Government, withThe other may be a transgressor, but can never out'such a provision in the Federal Compact, be a criminal, fbr he is inspired by the noblest such laws w6uld have no validity beyond the of motives, sueh as all good men approve. I limits of the State that enacted thelm. The do not regard the duty of a jury as the same in question was one of' Union upon this fboting, or both classes of cases. In the one, the effect of no Union:at all. The "peculiar institution" the transgrression is the mere breach of a statu- had at that thnime no existence in England, and tory provision, the punishment of which is jus- was wholly inconsistent with'the theory of. her tifiable solely on the ground that the general laws; yet the mother country did not protect good requires the maintenance of the prescribed, us against the evil; — and I may' be permitted rule of action. In the other, a law of our.to say, in the lan guage of tihe illustrious Jeffermoral nature is trampled upon, at the same son, that she in truth forced it upon us, in optime that the civil law is violated. In the for- position to the remonstaances: of the colonies mer case, a jury will convict with reluctance, I themselves. although satisfied of the'truth of the charge; But why was it necessary!for a government in the latter, if in their judgment the proofis that had thrown off the yoke of forcein oppressufficient, their moral duty will cordially unite sion, and through a long and, bloody war had with the convictions of their judgment. The waded to National Liberty, and thus set an exact charged here, Gentlemen, is not one which, ample of heroism and love of justice to all maneven should you be compelled by the obliga- kind for all future generationls, a government tions of your oath to find the defendant guilty, composed of a body of:men whose every pulse would lessen him in the estimation of any good beat for liberty, - to make this hard' provision man. You would trust him as an honest man concerning those who nliht escape from another just. as readily after conviction of such a crime and a more cruel despotism? Why':It was, - for the law calls it, technically, a crime - as I' repeat, because the question of national freeyou would before. If you find him obnoxious. dom, and evenr of nationality itself hung upon to the provisions of the statute, you, will return that provision. Trusting too largely'to the love him " Guilty.". We use that odious word for of justice, intelligence, and good sense of the want of another, and in its bare technical sense; people, they confidently believed that an instiGuilt means turpitude, baseness. But I must tution so intrinsically and plainly evil, and even not be understood as applying any such epithet a greater curse to:the fiee than to the enslaved, 142 HISTORY OF THE wouId soon be voluntarilvy abandoned by the a new one, acting, not undeer that Constitution, slaveholding States themselves.; and with such but upon those principles which urnderlie all motives and such hopes, and under the pressure Constitutions. I refer to the right of revolution, of such emei'gencies and necessities, the clause the ultimate and legitimate resort of people in question was reluctantly inserted. who find their government too oppressive longer -In 1793 Congress saw fit to pass an., act for to be borne. I shall then, in the discussion of the purpose of carrying out this pirovision of the this question before you, gentlemen, look to the Constitution, as well as another clause of the issues that are made here under that law as that same instrument for securing.the recaption of law: has been construed by the Supreme Court fugitivesfrom justice. That act stood fbor long of the United States. And, looking thus at time unaltered, and was considered amply suf- these issues, I shall ask you to do that which ficient, even by the South itself; for'the purposes you would do in every other case where an init was intended to accomplish, until, in the tur- dividual is charged with crime - no matter bulent times just prior to 1850, it began to be whether that charge be for tlhe commission of claimed that there was.a defect in this legisla- an act that is a crime in itself, or whether it is tion, and, after long and heated debates, the criminal:only because prohibited by the statute amendatory Act of. September 18,- 1850, was I shall ask you to see to it that the prosecupassed.- Upon this, amendatory act the indict- tion brings'itself within the limits of the provisment against my client is based. ions of the statute. And I know, Gentlemen, Now it is not the place here to discuss the that there is lnot a man upon that Jury who propriety of' that legislation. Congress has would not pirefr to find, if warranted by the been declared by the Supreme Court of the testimony, that the evidence before you does United States to have possessed the power to make a case arainst the defendant. I know pass this law.- Unquestionably, if Congress had that there is not- a man on that Jury but would.jurisdiction over the subject-matter, it was alone prefer, sofar -as personal preferences could gofbr it to judge what: fo m its legislation should I know that the-Court itself would prefer that take.'If it have adopted an unfbrtunate: mode, this man, who is brought here for the conimisthe way is open for - its legitimate;rectification. sion of 110o act that is in itself wrong, - of no act The people of the United States have iitin their -that would tarnish the, fair fame of the best of power, whenever they will, to rectify any legis- men;- but for the icommission only of that lation of' their representatives, and I trust in which is prohibited by a statute of questionable God the day,is not far distant when that recti- character, inspired to such transgression - if fication with respect to this act shall take place, he ever did transgress it - by the noblest imin thle legitimate mole; - the mode appointed pulses of a manly heart,- I know, I say, that by the Constitution. It is not fbr me to say youi all would prefer that lie should be founil whether Congress was or was not authorized not to have been proved guilty. You can have by the Constitution to pass the Act of 1793, or no desire that a man should be convicte(l of a the mnore questionable Act of'1850.'The Sn- crime of which he is not guilty; and although preme Court, within wrhose province such ques- you may be compelled, after mature deliberations legitimately fall, has passed upon this'point; tion, to return a verdict against him- wvhlich I and so long asvwe remain: under this.Constitu- am confident you never will, whatever your tion; so long as we are content to abide by the political biases may be, if you have regfard to Government, as it was formed by the adoption the testimony -I am sure it would be with the of that Constitution so long, it seems to me, utmost reluctance that you would. find yourwe are bound by the decisions in the premises' selves thus compelled to return. Why, it canof this constitutionally appointed tribunal. not be that there is a man in that box who has a So far, then, as I mr)self' am concerned; - and ".political end " to answer by finding a oVerdict when I say this I am spealking for no man but against this defendant! - That there is a man myself; - lhatetver my own opinion may be as there so debased, so utterly prostituted, as to to the original question in regard to the con- render ai verdlict a~gainst this defendant, subjectstitutionality. of that provision, -I feel myself ing him to the penalties of such a law, for the pur-.bound to recognize the authority of the Supreme pose of beingr able to say to his brother DemoCourt of the United States, to say whether this crat, the party leaders, or to the South, that he act of Congress be law or not. And they hav- had firmness enough, that he had backbone ing pronounced it law, I must- obey it. enough, to stand up in this case, and on this ReThere is a right other than the oneto which serve, and render a- verdict in favor of Slavery J have, referred. There is a mode of redress and against Freedom." You, gentlemen, can be other than'that which l. have already indicated, actuated'by no such desire as this! You to which, of course, we have. a right to resort at are no such crawling hounds, such lickspittles, any time, when the:-terms upon which we can such craven Wvretches as that.! I have known enjoy the blessings - or, endure the curses- of you too long to believe this of you. this' union -:'whatever they'may' be — shall You have lived too long upon this free seem too onerous lmoger to be borne. WeT -_-the Reserve, to wish to inflict the pains and penalpeople of the Nothli -have the right to over- ties of this statute upon any man who may turn, if we can, this government, and to adopt have allowed his own feelings so much sway as OBERLIN-WELLINGTON RESCUE. 143 to render him obnoxious merely to suspicion, For this defendant, who can count a long that he has been violating its provisions. I line of ancestry on the one side not of African take it, therefore, that you will look at this case blood, but wealthy* and respectable Angloas at any other, and if you are compelled to Saxon sires, was brought here by his father to find that the defendant is guilty, you will so enjoy the freedom of our State. But though find with the utmost reluctance. And I know, personally moral, honorable, talented, and too, that this Court, if' compelled to pass sen- every way qualified for the privileges of cititence upon my client, in obedience to the oath zenship, by the rigor of your law, those priviadministered upon assuming the judicial ermine, leges have been wrested from him. and in obedience to the law as it is found upon And therefore it is that I say; if you would the statute-book, and construed by the Supreme reluctantly return a verdict against any, even Court, will with:no feelings of pleasure per- the meanest citizen of: Anglo-Saxon blood, form that official, act. From my acquaintance your reluctance must be tenfold greater by with this Court, and with you, Gentlemen of your verdict to shut out this man-i - emphatithe Jury, I know that nothing could be more cally a MAN- from the few privileges yet grateful to the feelings of both the Court and allowed him in this " land: of the free." the Jury, than to:feel warranted in the conclu- I)id any of you ever travel abroad, and there sion that the charge contained:in this indict- meet with an American citizen, stranger though ment is not sustained by the testimony intro- he were to you personally? and if so, was not dueed. And I think I mayi say the same of your heart irresistibly drawn to him by the even the District-Attorney himself. For I can- knowledge that he was from your country, and not believe that this man whose whole life thus was attached like you to her institutions?'At far has been char.acterized by an uncompromis- such a meeting did not your heart go out toward ing love of Freedom, can have become so your brother countryman, and did you not lay chanced within a few short months as to re- it open in unrestrained sympathy with him? joice at the conviction of a morally innocent and would you not do for him and claim of him man; nor can I think that the petty triumph it what you would never door claim at the hands might afford him to be able to report to the of one of another race?: authorities at Washington that the penalties of It may be perrnitted to me to suppose! a case this lazw had been enforced against individuals applicable to' one of our own blood. of certain political connections in this neigh- Suppose, then, that there were a State here at ~borhood, would compensate for the upbraidings the South, or at the West, or at somle other of his conscience' consequent upon an unjust place, not included in:the boundary of our own conviction. I know it is his business, as the Union, but a neighboring' State, with whom we prosecuting officer, to press the case against the had a treaty, by the terms of which that State defendant, and that it is no part of his duty to was to deliver up to us fugitives fromb service, look after the defendant's interests. That duty and we in turn were obliged to seize and send belongs to the counsel for the defence. But them back their slaves. And' suppose it were still I have faith to believe that he would not true that by some law of that State unknown, wish to go beyond his duty in the matter, and perhaps, to the makers of that treaty, every bring extraordinary and unwarrantable means man of Anglo-Saxon blood were subject there to bear fbr the purpose of securing a convic- to be reduced to slavery; that every American tion. And I believe that I may say the same citizen, findingf his way into that territory unthing is true of his learned associate. And der certain circumstances, were subjected to be though you who are not fully initiated into the reduced to bondage for life, - aind that such an language and manners of the bar, may have Anglo-Saxon, such an American citizen.- one thought the bearing of these learned gentlemen who had been a citizen and had expatriated at times severe, you must not construe too himself had been thus seized and reduced to closely or too literally the expressions they may servitude in this neighboring State,- that after have inadvertently dropped. being thus reduced, and suffering Wrong and If it be true, then, that the Court, the Jury, oppression till it was no longer tolerable, he the District-Attorney and his associate, would had fled hither into our midst, taken an' asylum rejoice in an acquittal of this defendant, unless among us; suppose farther the offlicers -of that his guilt be proven beyond a reasonable doubt, State, by virtue of the treaty had pursued af-.even if he were by law entitled* to all the ter, and captured him; and it were noised rights, immunihies, and privileges of an Ameri- abroad that one of Anlo-Saxon blood' had can citizen; then, certainly, as he is not so thus been pursued and overtaken, and the right privileged, but is, without reason, deprived of were claimed, by virtue of this treaty, to return the rights asserted by the Declaration of Amer- that American citizen to hopeless and unending ican Independence to belong to all men, the bondale; -what-would your feelings be, if the anxiety must be tenfold greater on the part ofl marshal, in the' discharge of his duty in such a all of you, that the penalty of this statute case, should summon you as his posse? should be added to the burden that is'already Would you obey that summons? It might crushing him to the earth, only in case of the be provided by statute that you should be submost conclusive proof of guilt.:ject to penalties if you refused. Would you 144: HISTORY OF THE consult even, whether you would obey or other race. And there can be nothing wrong not? in.your so doing. And suppose you and your neighbors had Now I do not call your attention to these arisen in your might to resist the execution and considerations for the purpose of asking you to return of; the marshal's process, and had res- disregard your oaths, to disregard the law, and ~cued your fellow man from the officer who had to lay aside the testimony in the case; but I seized him;- would you not justify yourselves refer to them for the purpose of enjoining upon on the ground that it was a case appealing irre- you that which the law enjoins upon you, that sistibly to your sympathies and to the noblest you shall regard this man as innocent of the impulses of your manhood? A case appealing crime charged, until he shaall have been proved.much more strongly to you than as though the to you to be guilty; and proved beyond the exprisoner had been a man belonging to another istence of a reasonable doubt. And I shall ask race? ~Vould you not expect yourlselves to be you;to give effect to that principle of the law.influenced much more powerfully in such cir- recognized by all the writers and all the courts, cumstances than in those which are now from that where:there is conflicting testimony as to time to time occurring in our midst in which acts an(l motives necessary to constitute a crime, Athe ner-o is the victim?. before you can.be satisfied of his guilt, you Wh3y, wve have seen. that recently in Italy must be satisfied that the facts in the case are there has been a capture of a young boy by an reconcilable with no other hypothesis than that ecclesiastical. society, under circumstances that of guilt. For if this defendant was at Wellingorende.r it an outrage of great enormity. That ton for any other purpose than that of illegally boy belonced to a particular race. Now there can wresting the alleged fugitive from the possesbe but:o.ne reason why one class of the people sion of those who had lhim legally in custody; if of the United States should. feel themselves the facts, I say, are reconcilable with any hypothmore outraced by this occurrence than another; esis of innocence, or with any other hypotheand that is, that the former and the captive are sis than that of guilt, and you are in doubt of one race, and boundtogether by. kindred an- which has the preponderance of probability, cestral blood. It is for this reason, that while jud,,ingo fiom the evidence, it will be yotur duty, the capture of this young MoRTARA is known as the Court will charge you, and as you doubtand spoken of by every JIcw in the' United less already know, to adopt without hesitation States, and while, probably,' there is not one of the supposition of innocence, and find a verdict that class of our citizens that is ignorant of this of acquittal. occurrence~; yet such is not the case with regard And now, Gentlemen, I wish to call your atto the.great body of the American people. tention for a few moments to:the issues which You and I condemnn the act in the abstract as are involved in this case. heartily as can any one belonging to the out- In the first place, it is charged in this indictrafged race, yet.at the same time we well know ment, that a certain person, termed here " the that it:does not tatke hold of is as it does - andt negro slave called John," "' was heretofore, to naturally does- of them; and hence petition wit, in 3Marc, 185 7 "- though the proof says -after petition has gone up to the President, January, 1856 - the slave of John G. Bacon, Vwith the name of nearly every Jew in the land in the State of Kentucky. That he owed serattached, ilmploring his interference. Why? vice to John G. Bacon in the State of Ken-.Because of this boind of kindred. Well then, tucky:; and that so owing service to Bacon, he when o;ne thus allied to this defendant, a man escaped from that service, and fled into the State belonaing to the same race with himself, has of Ohio. made his escape from this eternity of bondage That is the first statement of the indictment, to which he was doomed by the local law of WVell, now, may it please the Court, there is Kentucky - has succeeded in escaping from his no averment in this indictment expressly dle-' oppressors, and has come here into the State of clarinig that under and by virtue of the laws of Ohio, is pursuetl, decoyed, and seized, and the State of Klentucky, this individual could be is about to be hurried back to a deeper and held to slavery there. But it is claimed -that more hopeless bondage than that from which the Court will take judicial notice as a matter he fled;- do you not know, do you not un- of history that this John could there be held to derstand that the feelings of this defendant service by virtue of such laws. Now it seems would naturally be affected to a degree to to me that an averment is necessary in the inwhich you would not expect those of one of the dictment to that effect; for it certainly cannot dominant race here to be stirredl? Why, Gen- be claimed that every mlan with African blood tlemen, you know it is in human nature that it in his veins, is in such a condition that he can be should be thus! God has made us so; we can't held to service in the State-of Kentucky. That help ourselves. And you will regard the con- proposition can be deduced neither from history duct of a man thus situated, moved by such nor from law; for as I understand the law of sympathies, with a greater degree of tolerance, slavery, it is, that the child. follows the condi-you will find far more excuses for his con- tion of its mother, and certainly it is a clear duct, growing out of this sympathy of blood, proposition that a child- with African blood in and this mutual outlawry, than for one of an- I his veins may have for parents a white mother OBERLIN-WELLINGTON RESCUE. 145 and an African father. Now the fact that the of title as old Judge Payne, of Vermont, reihther of an individual in Kentucky may be a quired. He said he would be governed by the pure African, and he- the son -a mulatto, law, and remand the slave upon the making half African and half Anglo-Saxon,, does not out of the title; but nothing short of a deed constitute the condition upon which he may be from God Almilghty himself would satisfy held in bonds. him! There is no general law that this Court can I shall not go as far as that; but I shall hold take notice of which would authorize the hold- you to such proof as is required by the decising to servitude of an individual thus born and ions of the Supreme Cou'rt. of such parentage. Bacon says that all he knows of the relation Now it seems to me that before the Court can which John's mother sustained to his (Bacon's)'take notice of the fact that slavery or the invol- father is, that she lived on the plantation with untary servitude of a certain class can exist in the other slaves, obeyed her master's orders, Kentucky, there should be an averment that and worked without pay. And that all he this individual was, under the laws of Kentucky, knows of his father's title to John is, that John in such a condition that he could be held to ser- lived and obeyed and worked in the same vice or labor as claimed. I concede that if way. there be an averment that he was of African John went off in his absence, he savs. He descent on the mother's side, and then the ad- don't know what directions were given to John ditional averment that he was in fact held to by the Irishman during this absence, or what service, then you have got a case upon which else happened; but at all events when he came this rule may operate, for the Court will take home he did n't find John, and a couple of notice that an individual of such parentage may horses were missing besides. The horses he afbe held to service; and then it is for the proof terwards found in Brown County, near Ripley, to show that he was so held to service. But, in this State, but John he never found, and upon the supposition that I have already made has n't seen him to this day. I shall spend no to you, that he were a person partly of African time upon this; take the question of ownership and partly of white blood, and the African blood as it is, and you must find as you please; and were derived from the father, and not from the proof of his escape, though equivocal, is, the mother, the Court certainly could not perhaps, as good as they could make it. And then take notice that such a person might be a then as to the identity of John, - we have slave. gone into no proof on that point. And I don't How, then, can the Court assume that the law know as I could ask you to raise any question of Kentucky is applicable to this case? Now upon the identity of the boy John in Kentucky, it is necessary that the law should be averred with the boy John rescued at Wellington. But in the indictment, slavery existing only by spe- the next pointl at which we arrive, gentlemen, cial and not by general law. It is not sufficient is one about which there is a difference of opinto state it as in the case of the United States v. ion between the prosecution and the defence, Stowell, referred to by the District-Attorney. and that is as to the authority furnished to JenThe question in that case came up upon the war- nings. rant. _Now the proof would have shown that Lor- And, Gentlemen, with regard to the fact that ing, was a Commissioner authorized to issue such a this IMr. Bacon signed the paper which has been warrant, if the avernment had been made in shown to you, there is no dispute. The only the indictment. The Court there held that it question is -whether that paper has been acwas not enough to leave this to the proof. It knowledged in such form as is retquired by the must not only be shown, but it must be averred statute of the United States; for if it has not in the indictment. So we say with regard to been thus properly acknowledged, then it gave this averment with reference to the owing of no authority to IMr. Jennings, under the statute, service in the State of Kentucky. It is not and no offence could have been committed by sulficient to prove that such laws exist. Itmust the defendant in rescuing the boy John fiom be averred that they exist, and then leave it to iMr. Jennings's custody. the proof to sustain the averment, and also to 3May it please the Court, the provision of the show that this person claimed to have been a statute upon this subject is as follows. It is slave was held to service under and by virtue found in Section 8, as the act is arranged in of those laws. Briuhtly's Digest: — I know not, Gentlemen of the Jury, whether ~ "AWhen a person held to service or labor in John was legTally held to service in the State any State or Territory of the United States has of Kentucky or not. You have the testnmony heretofore or shall hereafter escape into another before you. You have the testimony of Bacon State or Territory of the United States, the that he owned John, and that his father held person or persons to whom such service or labor him, and that he came to him by division of may be due, or his, her, or their agent or attorproperty, on the decease of' his father, among his nev, duly authorized by power of attorney in children. Hie says, also, that he knew the writing, acknowledged and certified under the mnother of John, and that she was a slave also. seal of some legal officer' or court, of the State Now I shall not ask you to require such proof or Territory in which the same may be exe 146 HISTORY OF THE cuted, may pursue and reclaim such fugitive Clerk of a' Court of Common Pleas, would it person," etc. come within the requirements of this Act? Now who are empowered to take the ac- No; because the Clerk of a Court of Common knowledgment and to certify to it? Pleas is authorized to do only certain specified Why, any "legal officer or Court of the things, administer certain oaths, etc.; but it is no State or Territory " from which the fugitive part of his duties or prerogatives, as such clerk, made his escape, is authorized by the terms of at common law, to take acknowledgments of this act, your Honor, to take the acknowledg- powers of attorney, or of deeds or conveyanment and certify to it. But certainly when it ces, of any sort whatever. If the Clerk of the says " any legal officer," it don't mean a path- Court of Common Pleas, then, have any aumaster, it don't mean a constable, although thority to take the acknowledgment of powers these may be as "legal " officers as any in the of attorney, that power is not derived by virtue State. There must be some limitation, and it of, or as incident to, the office, but by special seems to me a fair construction, that any officer statute, and we have no such statute. And authorized by the laws of the State or Territory therefore the Clerk of such a Court has no to do a sinlilar act, is intended by this Act. power to take such an acknowledgment, and if For it would certainly be too broad to say that he should take it, it would, of course, be worthany legal officer - a school-commissioner, or less. If the broad construction of the letter of any other one of ten thousand " legal" officers the statute is to be followed, and any man who in the State of Kentuckv, might take this ac- is a " legal" officer may take and certify to knowledgment, according to the terms of the these aclnowledgments, then a watchman here statute. And it would seem to be not only a in the street, the Clerk in the Court of Common fair construction, but the only fair one, that the Pleas, a pathmaster, a jailer, may do it; fbr authority extends to any officer who, under the they are all " legal" officers in the strict sense, laws of the State, is authorized to take such or but this construction of the statute cannot be similar acknowledgments for use within the the right one. same State, as well as to any Court of the It seems to me, therefore, that the clerk of a State. /Now, then, if this acknowledgment be court of common pleas in Ohio, if it were a a valid acknowledgment, it must be so because slave State, from which such escape could be it was taken by such an officer as is referred to made, would have no power to take such an in this statute, or by such a Court as is referred acknowledgment; but for the purpose of such to in this statute. It is not pretended that it acknowledgment it would be necessary to go was taken before any Court, and hence Courts before a justice of the peace, a judge, or some may be laid out of the question. It was indeed similar officer, who by the laws of Ohio is authorcompetent for Bacon to have gone before a ized to take such acknowledgments. Court, as he might go before this Court to-day, Now, then, where is the authority for the and have that acknowledgment taken in open County Clerk of Mason County to take any Court; and the acknowledgment would then such acknowledgment as that of this power of be properly attested by the seal of the Court, attorney? There is no testimony to show that and would prove itself; for it would be an act the clerk of the county court of Mason County of the Court, and the attestation of the seal, as or of any other county in Kentucky is authorwe have it here, would be sufficient proof of its ized by the laws of the State of Kentucky to genuineness. But there is no pretence that it take acknowledgments similar to this. And was taken before a Court; it must, then, in will this Court say that it knows the law of order to be valid, have been taken before some Kentucky to authorize it? Does this Court such " legal offllicer" as is referred to in this know the law that will authorize it? Do the statute. The claim is, that it was taken before gentlemen know any such law? At common a certain le!gal officer, to wit, the Clerk of the law this officer has no such power. And it County Court of Mason County, Kentucky. seems to me that, this Court, unless there be a It is averred, it is true, in the indictment, that special statute, or the common law as construed the County Court of Mlason County is a legal in Kentucky, will authorize it, cannot, of its Court; but that is mere surplusage, it is not own mere motion, in the absence of any testiof.a moment's consequence, except to show, mony, by parole from an expert, or in writing perhaps, that Cochran was a legal officer, by from the State Statutes, or friom the decisions of showing that he was an officer of a legal Court. the courts of that State, - I say, in the absence On this supposition, that averment may be well of all proof, it seems to me that this Court canenough. Now, then, if I am right in the posi- not assume to lay it down that the law is so, tion I take as to what is a reasonable construe- and instruct this jury that the clerk of the tion of this statute, none but a person authorized county court of Mason County was an officer by the laws of Kentucky to take such acknowl- authorized to take acknowledglments under and edagment, would be such a legal officer as is lby virtue of the laws of Kentucky. If, then, he referred to and intended by the statute. Sup- was not thus authorized by the laws of Kentucky pose, then, that that person had fled from to take such acknowledgments, and the restrictOhio, Ohio being a slave State, and the ac- ed construction which I claim ought to obtain, knowledgment had been taken here before the shall be held to be the correct one, then I say, OBERLIN-WELLINGTON RESCUE. 147.that, if this acknowledgment had been taken No one will deny that in Kentucky, as here personally before Robert A. Cochran, it would and elsewhere, such acknowledgments may be have been taken before a person having no au- taken before Justices of the Peace. Suppose, thority under the statute to take it. then, that this acknowledgment had been so Again, this statute not only requires that the taken - had been taken before a Justice of the acknowledgment should be taken before some Peace. Now a Justice of the Peace has no oflegal officer or court, but that it shall be certi- ficial seal. Suppose, therefore, that he had fled to undcer the seal of some legal officer or taken this acknowledgment, and then, like Ml~r. court. Now, then, admitting that Robert A. Cochran, instead of attaching his own private Cochran was authorizedto tale the acknowledg- seal to it, had assumed the use of the seal of ment of this power of attorney, it clearly ap- the iMason County Court, and attested the acpears that he should have certified to it under knowledigment witl it! Would any one call his seal, not under the seal of the court, which that a proper attestation? But what better right certainly can never in the absence of express has Mr. Cochran to use the seal of the Mason lefgislative provision be used to certify any ac- County Court for private purposes, than a Justion of his which is not ans act pertaining to him tice of the Peace, or any other man? Certainly, as an officer of the court. Here is the seal of none at all. If the application had been made to co)urt, attesting his act apart from the court! a Notary Public, he, having an official seal, Now if' the court had taken the acknowledg- would, of course, have used it. And a Justice lment, then it would have been necessary to cer- of the Peace would have used his private seal. tifr to it with the seal of the court; but if the Now, has this statute been complied with? officer takes the acknowledgclent, by virtue of Has this Robert A. Cochran attempted to certify power vested in him, it must be certified to by to this acknowledgment under his seal? Not at his own seal, - not by the seal of some one else. -all. He has employed the seal of the County Why, your Honor, what better right has Robert Court of Mason County, and has thus destroyed A. Cochran to certify to his personal acts with the efficacy of the acknowledgment, granting the seal of Mason County Court than with the that he had a right to take it and to certify to it seal of this Court? What right has anyr one at all. By virtue of his office, as Clerk of the except the court to use the seal of the court? Mason Court, it mllay be, and tmdoubtedly is, What are seals good for, if they may be passed both his right and his duty to make use of the arounid so, and half a dozen or fifty different seal of tlhe Court in authenticating the acts of officers or courts use one seal, or exchange seals the Court, or his acts as an officer -of the as it mayr happen? But, aside from the ab- Court; but to use it for such purposes as sur(dity of the thing, the statute expressly for- this, even if lhe had a right to take the acknowlbidls it. The statute will not allozo the clerk to edgment, is just as absurd and illegitimate as it borrow the seal of' the court to authenticate his would be for any Justice of the Peace in that individual action with. He llustcertify alwvays State to use it to attest the acknowledgment of to his own acts with his own seal. Now, then, instruments taken before him. The acknowlif he were such an officer as has power to take edgment of this paper is ambiguous. It does not acknowledgoments of this kind of instruments, purport to have been acknowledged before the he would, in solie instances, have an official Court, and yet comes attested with the seal of seal, anid in some -he would not. Justices of'the the Court. It does purport to have been acPeace have no official seal; but Notaries Pub- knowledgced before Robert A. Cochran; but his lie have. A Judgce has none of hIis own, and a seal, official or private, is sought for in vain! clerk may or may not have. And where the Can it be claimed for one moment, then, that statute which appoints an officer furnishes him the requirements of the statute have been met, with. ilo seal, and another statute devolves upon granting - what is also unproven - that R'obhim duties which redquire the use of a seal, he ert A. Cochran had any authority to take and must use his own private seal. If Mr. Cochran, attest acknowledgments of this kind? then, had an official seal of his own- as the I think it safe enough to say, therefore, your seal of the clerk of the County Court of Mason Honor, that this power of attorney, upon which County, he should have used it: but there un- this whole prosecution rests, is worthless, bedoubtedly was no such seal; and le should, cause, in the first place, Robert A. Cochran, altherefore, have employed his own private seal. though as " legal" an officer as any pathmaster But the seal that he hlas employed is the seal, for ought I klllow, is no more qualified than not of the clerk, but of the Mason County such a pathmaster to acknowledge such instruCourt, and lhe has employed it to authenticate ments; not being such an officer as was intended his individual acts independent of the Court. - by the statute. And, in the second place, if he The District-Attorney, thlen, cannot claim were fully authorized, being altogether such an that this Air. Cochran had authority under the officer as the statute intended, the acknowledcrlaws of Kentucky, or under any other laws, to ment is defective, and not according to law, betale this acknowledgment; and if Me had, he cause he has not certified to it under his own certainly will not claim that it is properly au- seal, as the law requires, but has unwarrantably thlenticated by the use of the seal of Mason made use of entirely another seal. County Court! But this is not all. I have another objection, 148 HISTORY OF THE lying still nearer, and if possible more fatal to in the statute; but he can never certify to than either, to the manner of the acknowledg- Mr. Green's knowledge, and sign Mr. Green's ment of this paper; and that is that this ac- name to it never! knowledament was not made before Cochran I say, therefore, that whatever may be the personally. I know that I have an issue here authority of the clerk to take an acknowledgfor the jury on a question of fact; but I claim ment, the deputy cannot take the acknowledgthat it appears from the instrument itself, as ment in the name. of his principal, and certify well as fiom the testimony, that the acknowl- to the knowledge of the principal. He has no edgment was made before the deputy and power to act, except only in his own name, befbre the deputy only, and not before the and can certify to no one's knowledge but his principal clerk himself; and if the Jury shall own; and if the proof shall satisfy this Jury so find, then I claim that the instrument is' that no acknowledgment was taken other than worthless and void. that taken before the deputy, then the instruI know that Cochran testified that Richard- ment must be held by them to be null and son was his deputy, and that, by the laws of void. I have already conceded, that, if the Kentucky, the deputy is authorized to perform deputy had power under that statute, as well all the duties of the principal clerk. I am not as his principal, to take acknowledgments, then sure that the testimony went quite so far, but he could take and certify them over his own I am willing to concede that it did. Granting name; but never over the name of any other all this, the deputy could not take the acknowl- person whatsoever. But this acknowledgedgment, because, may it please the Court, ment purports to have been taken by Cochran when you have admitted all this, neither of "by his deputy." Now I am ready farther to them, according to the laws of Kentucky have admit that if the acknowledgment were taken power to take this acknowledgment. The in the presence of Cochran, and the deputy principal clerk gets his power, if he has any, to simply acted the part of an amanuensis in talke that acknowledgment from the United signing the name of his principal, in the presStates statute from which I have already read ence of his principal, by the command of his to you; the laws of Kentucky never gave him principal, then the objection to the deputy's that -power..-> Concedinrg that the deputy may part in the acknowledgment falls. But if he do, under the laws of Kentucky, any thing that acted in the absence of the principal, of his the principal may do, you have n't advanced own mere motion, and still professed to act fbr one step toward proving that the instrument is his principal, then the acknowledlgment on good, for you have n't shown, and you can't this ground, if on none other, is void. show that the principal has any power to take And now, Gentlemen of the Jury, I wish to acknowledgments himself. And it is just as call your attention for a few moments to the necessary that the power should be given to testimony as to the manner in which that acthe deputy by the act of Congress- before he knowledgment was made. The first witness is authorized to use it —as that it should be that is called by the Prosecution, to establish given to the principal clerk. If the deputy can the fact of the acknowledgment, is the owner do any thing the principal may do, under the Bacon. laws of Kentucky, this can confer no power Here is the acknowledgment of the power of upon him to take an acknowledgment under attorney: - the statute of the United States, when the taking of such acknowledgment is authorized ST OF CENTUC, s only to the principal clerk himself. I have already said that the laws of Kentucky could be I, Robert A. Cochran, Clerk of the County referred to for no other purpose than to deter- Court of the county aforesaid, do hereby certify mine what officers are embraced in this clause, that this power of attorney from Richard Loyd by showing what officers are authorized and and John G. Bacon," etc. empowered to take similar acknowledgments Bacon said in reference to this instrument under the State laws. when it was handed him: - The authority conferred is special and per- I executed it, and sent it to MIr. Jennings at sonal in its very nature, and such as cannot be Oberlin by Richard P. Mitchell. He was a delegated to an agent or deputy. Why, how close neighbor to me. He left — my recolleccan my friend Mr. Cleveland (a deputy clerk tion is n't distinct when. The instrument was of this' Court) take my acknowledgment of executed on the day of its date. Again he a fact here to-day in the name of his principal, says:Mr. Green, and certify to the personal knowledge Saw Jennings after I had forwarded the powof Mr. Green! Why the personal knowledge er of attorney, at Col. Mitchell's, a neighbor's, of MAr. Green is his own, and no other person the next day after lSMitchell had left. Mlitchell under heaven can certify to it. If Mr. Cleve- started with the power of attorney the same day land were one of the officers specified in the it was ex'Beuted. statute, then he could certify to his personal Then comes Mr. Coch7ran, who says:knowledge and sign his onz nsame, as deputy, to The certificate to the acknowledgement of the show that he was one of the officers referred power of attorney exhibited is ia the hand OBERLIN-WELLINGTON RESCUE, 149 writing of Wnm. l.Tichardson, andsifgnedbyhim. before his return. For not only was the cerMy name was signed to it by him. He was tificate completed to the satisfaction of those acting for me as clerk when the certificate was who made the acknowledgment, and they were made. I was absent at the time the acknowl- already leaving the office when tley met Cochedgment was made. Came to my office on my ran, but the acknowledgment itself, which was return just as Bacon, Loyd, and Mitchell were the presentation of the paper to the deputy by coming out. They showed me the paper; I the parties who had made it with the profession took it, and went in, and directed the deputy that they had made it voluntarily, deliberately, to put in the words that appear in the last and in good faith, and that it was their true act two lines, and he did so in my presence. and deed for the purposes therein named, must On cross-examination he says:- necessarily have been concluded before the They were at the door, just passing out as I deputy began to make out the certificate, or, in came up. Bacon showed me the paper, and I any event, before he signed it. To the comwent in and had the last two lines added. pleted certificate of this by-gone acknowledgAnd in reply to the interrogatory whether he ment the clerk proposed an amendment. For, did or did not swear on the previous trial - that I take it for granted, Gentlemen, that the ordiof Bushnell-that he hadno personalknowledge nary and only proper course was pursued in of this acknowledgment, he said: — this case; that they acknowledged the instru" I did not so swear!" ment to be their true act and deed for the pur-.Mitchell, on cross-examination, says, "We poses therein named, and that the clerk then went from the book-store to the clerki's office. made out and signed a certificate to the fact Found Richardson. Ile took the acknowledl- of' such acknowledgment. And I fancy the ment. We started out and met Cochran at the gentlemen upon the other side will not controdoor coming in. Bacon showed him the paper; vert this supposition, — will not think it would he said lie would have a little addition made; be to their credit to claim that, in Kentucky, took it, to his deputy, and had the addition public officers certify to acknowledglments first, made; be gave it to Bacon, and Bacon gave and have them made afterwards. I apprehend, it to me. I heave stated all that took place." however, no difficulty on this point. It seems, then, Gentlemen, that they went to The certificate being made out, then, effel' Richardson, the deputy; he took the acknowl- the acknowledgment had been taken, Bacon, edgment; they left the office; and just as they Loyd,.and Mlitchell started to leave the oflice, were going out the door, they met the principal and passed out of the door; but just as they clerk, Cochran, coming in; the power was shown were going down the steps, they met this MIr. Cochran, according to this statement on the Cochran: Bacon handed him the paper; he present trial, and he went back and directed looked at it, and said he would have a little the deputy to write an addition; and he points ADDITION made to the CERTIFICATE, and by to that (Mr. Backus hell the paper in his hand) his direction the deputy made the addition: - as the portion which lie had put in, commencinlr " The said parties are personally known to me after the word " eed," andl readin g," The said and thy said acknowledgment is according to parties are personally known to me; and the law."'Nothing can be plainer, then, than the said acknowledgmient is according to law;" and character of this worthless acknowledgment.' he says this was. put in by his direction. It is No one claims that the acknowledgment was said that, there is a difference in the handwrit- made before Cochran. All agree in swearing ing that shows it was put in. I am myself un- that it was not; that it was before the deputy able to see any sch l ifl'erence; perhaps my and the deputy alone. On the first trial the eyes are not as good as those of the District- veracious Mir. Cochran swears that he has no Attorney. But, admitting all this, what is knowledge of it beyond the recognition of his shown? WVhat but that the acknowledgment deputy's handwriting; now. he swears he didn't was taken by the deputy in the absence of the swear so - although wve all know he did - and principal clerk; and that, on his return, the with the help of the District-Attorney tries to principal clerk directed an addition to be made, make a great parade about a certain addition and that the deputy-clerk made that addition to the certificate which he says he directed, butby such direction'? Now Mlitchell sas'that which, if all true, you all see amotnts to noththis is all that was done. All that is claimed ing at all. Now, Gentlemen, I cross-examined by Cochran is, that he did meet them on the this witness myself. I had in mind this very steps there, did take them back into the room, point. I did n't believe then, as 1 do not beand did direct the clerk to make this addition. lieve now, that the deputy had any power to This is all the District-Attorney has yet claimed. take the acknowledgment, even if his principal Whether it will by and by be claimed that a had. With the full conviction of this principle new acknowledgment was gone into by the gen- of law in my mind as applicable to this case, I tleman who will close for the Government, I do examined the witness on this very point. I did not know. But there is nothing at all to show propound to him the question, as has been this; nothing to show that there was any ac- shown in testimony here, " whether he had any knowledlgment made except that taken by the personal knowledge of this acknowledgment or deputy in the absence of Cochran, and finished not?" and he did just as unequivocally and 150' HISTORY OF THE positively state as he ever stated any thing in I rescue of John no offence such as is mentioned his life, that he had none; and my notes and I in the statute was committed; and the defendmemory upon this point have been corroborated ant, whether implicated as an active or passive by the oaths of several witnesses who had such participant in that rescue or' not, must be acmeans of knowing that their memories cannot quitted. be at fault. Therefore, Gentlemen, as goodlooking as Mr. Cochran was, and as gentlemanly ESSION, 2 0'CLOCK. as he was, I was taken very much by surprise Mr. BACKUS continued:at this addition and amendment to his first pos- Gentlemen of the Jury: itive statement, this important — to his veraci- The testimony shows that MIr. Jennings, ty -revision of the narrative; and I have after having received this paper which he reasons for noting the significance of this new'counts upon as a power of attorney, came to vamping of the story, such as have not been this State in pursuit of the boy John. You brought into evidence here, and it is not there- well remember the testimony, of course. HIe fore proper for me to comment upon. And al- had been here, skulking about, after some runthough this gentleman was the Clerk: of the aways of his own. Not finding them in OherCounty Court of Mason County, and therefore lin, he got track of them, as he supposed, at had a right to a seat in the clerk's desk here, Elyria. Not finding them there either, he and thus exhibited his good looks to us pretty went to Painesville, and tried his hand, but much all the time the testimony in this case met with very poor success in Painesville, I was being given, - I was none the less, but all believe [laughter]; so he left [renewed laughthe more surprised, and you know I had good ter], he left there and went to Sandusky; and, reason to be. And I took it upon me to intro- from Sandusky I think he headed himself for duce several unimpeachable witnesses to show Kentucky. After he had reached home, and that he testified to one thing on the former found that the power of attorney had been trial, and then, after hearing the arguments sent forward by Mitchell to him at Oberlin, he which attacked the validity of the acknowledg- returned thither again. I shall say somethinl ment on the ground that it was taken by the by and by about the conflicting memories of deputy alone, he came forward and amended himselfand Bacon in regard to the arrangement and contradicted and denied his first assertions under which he returned; but for the present; in an effort to patch up and improve this case we'll follow him to Oberlin. He got back there for the Government. And this impeachment, at the old stamping ground, anid put up with Gentlemen, I take it, ought very seriously to'his old friend Wack. Says he arrived Wednesshake your confidence in Mr. Cochran's credi- day night at Oberlin; staid all night; and the bility. You can have no doubt that he testi- next day went to Columbus for a warrant. flied as we have proved, upon the former trial. Says he reached Columbus; applied to Lowe, And he knows perfectly well that he so testi- and also to Mar. Chittenden, the United States fled. I say therefore that the Government have Commissioner; procured a warrant; made an no right to place reliance upon any partiof this arrangement with Lowe and with Davis; with'witness's testimony. Mitchell corroborates him Lowe to go to serve the warrant, and with so far as to say that they met him. at the door, Davis to go along to assist. Here is another went back>, and the deputy made the addition. remarkable discrepancy between the recollecBut I do not understand the District-Attorney tion of Jennings and that of the men Lowe to claim that this was any thing more than the and Davis, but I pass that. He procured his witnesses declare it - an addition to the certifi- warrant, and he and Lowe and Davis repaired cate, but no new acknowledgment. [Mr. together to Oberlin, arriving there on Friday Backus addressed this in the tone of an in- evening just at dusk. They'staid all night quiry to the District-Attorney personally, with- there; spent the day on Saturday in cogitating, out interruption or reply.] Of course, nothing seeingt in what way they'd go to work; fbund else could be claimed. Mitchell on their arrival, and Mitchell told It seems, then, that the only acknowledg- them that he had had the happiness to see ment taken was that made before Richardson, John - (Jennings you know had n't had that and not certified to by him, but with the name pleasure; he had n't seen any thing of himn of the principal clerk in Richardson's handwrit- since he saw him hauling sand to build his masing; and of all this, as Cochran still swears, he ter's house with, in:IKentucky, some time before was entirely ignorant until it was finished; and he ran away). Mitchell says he did get sight the certificate is attested by the seal of neither of him. The difficulty then was, to know how Richardson nor Cochran, but by the seal of the to find John, or to get hold of him. They Miason County Court. spent most of' the day on Saturday about the Now, if this Court will accept an instrument town; Lowe and Davis perhaps going at large, thmus acknowledged as a legal instrument, Ihave but Mitchell and ~Jennings keeping in pretty: nothing more to say about it. But if the Court tolerably close. It seems that the people of shall, on any or all of these grounds, hold- and Oberlin had been put in a state of alarm by an charge with me - as it seems to me it cannot attempt a feiw days before to run off a family avoid doing- then you will find that in the by the name of Waggoner. OBERLIN-WELLINGTON RESCUE. 151,Judge BLISS. That is not in evidence in lieve this is not in evidence in this case either; this case. so I will refrain from any comments upon it; Mr. GRISWOLD. Two witnesses swear to it. it was on the other trial that the D)istrict-AttorMr. BACIUTS. It is of no particular conse- ney testified to Jennings's devout piety, and quence excepting in connection with' one/ view could wish Oberlin nothing better than that its of' this case. Well, for reasons that were satis- piety was half as sanctified as his; so we'11 let factory to themselves, these gentlemen adopted that pass:- This little Shakespeare Boynton a peculiar course, as it seems to me, in the was employed to go and decoy the boy out of arrest of John. They came here, they claim, town, under pretence of hiring hinlm to dig potaarmed with a regular power of attorney from toes, or something of that kind. So the next Bacon to Jennings, who (Bacon) claimed to be day he went and found Johnl; but he was nursthe owner of the boy John, granting full au- ing Frank, who had got cut in some wlay; either thority to arrest and take him back to Ken- in a fuss with Jennlngs trying to get him off, or tucky. To make assurance doubly sure, Jen- perhaps in some little domestic difficulty. And nings had gone to Columbus and procured a John, true to the instincts of his affectionate warrant, together with the services of a United nature, preferred to stay and care for the wants States Marshal and his assistant. Here, then, of his disabled friend, rather than to embrace according to their claim, they stood upon high the opportunity of earning the money he so legal and moral ground, having the power of much needed. But he told Shakespeare that attorney, and the warrant, and the marshal, he knew another negro who would perhaps go and his assistant, and authority to summon the and dig the potatoes. So the idea straightway posse of the county -all to aid and support took possession of Shakespeare that this offer them in making the arrest. WTell, now, one mighflt be turned to advantage, and he, receivway would have been to have found John and ing John's assurance that he would go with him arrested him. And that would have been the if desired, in search of the other man, put out legal and respectable way. But instead ofthis, fbr Wack's to consult with Jennings. Jenby going about the, town and its vicinity, and nings scratched his head [laughter] and conunder one pretence and another, getting ladies cluded the game would do to try at any rate, to keep them over night, alleging that they and Shakespeare returned to John. They wanted to " buty cowvs," they took such a course proposed to drive to Clew Oberlin, where this as necessarily to awaken the fears of the peo- other colored man resided, but were only fairly ple that unlawful designs were entertained and out of town when they met or overtook him, about to be executed against some of the and lie, pleading previous engagements, and colored people of that place. I know that if a declining the overtures, there was another standpolice officer or a sheriff has a warrant for a still. But only for an instant, for Shakespeare, man who is skulking about and keeping out of never at a loss, quickly urged, "'Well, John, the way, it may be proper that he should use you've been cooped up there so long, the fresh secrecy - and for what purpose? Only to air must feel good to you; and you may as well enable the officer to get his hands upon the have a good ride while you're about it; I'll rogue; but for no other purpose. But there bring you back again," and John being nothing could be no such pretence or excuse in this loth to accept so flattering an offer, they drove case, for John was always within sight and on. Some two miles out, the kidnappers, Lowe, reach at any time of day or night. There is Davis, and M3itchell, overtook and drew up no intimation that he took the slightest pains withl them, and Davis, springing first out, seized to keep himself out of the way, or supposed John; Mlitchell helped get him in, while Lowe himself in an}y more danger than any of the held the horses, and, whirling about, they headrest of the people of his color in that place. ed for Wellington, with their helpless victim. On the contrary, the very opposite appears Shakespeare, returnilfg to lVack's, found the from testimony, and more clearly still in the faithful Jennings awaiting him; got his twenty Yery circumstances of his arrest, and the ease dollars, and went home to boast of the exploit; by which he twas decoyed into the trap. And and Jennings, getting a hasty dinner, set out to with such assistants as WVack and Warren and join his cronies at'Wellington. This is the 7Dayton, surely these gentlemen could have no statement of the arrest briefly, as givlen by the difficulty in finding out the whereabouts of any four worthies themselves, and entirely corrob"nigger" in that town! W hy, then, should orated by Shakespeare. I believe these five all they act as though they were going to do a tell the story, so far, alike. mean and shameful thing, and thus necessarily Now I understand from the District-Attorney, awaken the suspicions of the good people of that this indictment chai'ges a rescue, not from Oberlin that foul play was brewing? the custody of the marshal, nor from the cusBut, taking their own course, they went over tody of Mitchell, nor from the custody of Davis, to Boynton's, and there cooked up a plan on nor from the custody of any person whatsoever, Sunday- I suppose that was n't commzunion day except the custody of Mr. Anderson Jennzings. with friend Jennings, or that Christian worthy This is the first count. The second count, the would not have been absent from his accus- District-Attorney tells us, has a great deal of tormed seat at the Sacred Table.-but I be- surplusage and immaterial matter in it, which, 152 HISTORY OF THE sifted out, leaves it in substance the same as the I gard to the person who swears it out. But orfirst. I shall, therefore, as in duty bound, ac- (linarily, in nine cases out of ten, the officer cept his construction of the two counts, and fbllows the advice and direction of the party argue upon the one charge, that the rescue was getting out the writ, to a very great extent; from the custody of Jennings, the alleged agent and who ever supposed a defendant, a party of Bacon, the alleged owner. charoged with crime, to be in the custody of the Now then, Gentlemen, you have heard the complaining witness, because the officer in maktestimony with regard to the issue of' this war- ing the arrest had followed the direction of the rant, and with regard to the presence of Lowe complaining witness, and because the warrant there with the warrant. You will remember was placed by him in the hands of the officer. that Jennings remained back at the tavern, with Again, whenever a process in a civil case is the understanding flint he should stay and pay placed in the hands of an officer to be served - their bill, and pay Shakespeare, and join them in the case of a levy upon property, for inat Wellington, having of course the power of stance - why, the officer is under the direction, attorney all the while in his possession. Lowe, of course, of the party for whom or in whose who had the warrant, and Mitchell and Davis behalf the writ issues; he levies in pursuance proceeded to the spot where John was. The'to the direction of the party getting out the vehicle in which John was riding, in accordance writ; and in case of replevy the same is true; withl the arrangement between them and — now, then, after the levy or replevy is Shakespeare, slacked its pace, that they might made, and the property taken into possession, it overtake him, and then stopped, that they might is undoubtedly in one sense under the control of seize and carry him off; You remember Mitch- the plaintiff in execution or replevin; and if at ell's testimony as to how John was ordered to I any time after the levy or replevy, and before change conveyances, and how they finally bail given, has been made, this party shall say transferred him from one carriage to the other, to the officer, "I want you to release that levy with the use of such physical force as was nec- or replevy," he will be most likely to do as reessaly, Lowe holding the horses, and Mlitchell E quested, taking care to indorse this direction helping Davis managee John. It issaid that the upon his writ; but who ever thought that in authority under which he was arrested was not such cases the property was in the custody of shown him, until they had got so far on the way the plaintiff in execution! Who ever heard it as to reach the spot where the Elyria road said that, while that property yet remained in branched from the one they were travelling; the hands of the officer, it was nevertheless in and then since they had thus far told him they the custody of the party in whose behalf the were going to take him to Elyria, it became writ of replevy or execution was issued! Who necessary to explain away such a representation, ever dreamed, when indicting a man for stealwhich they did by frankly telling him, as Lowe ing property thus held, of alleging that it was says he himself did, that he was under arrest as stolen from the plaintiff in execution,! W'hy, a runaway slave, by virtue of the warrant of a an indictment would not lie still a minute conUnited States Commissioner, and would be taining such an averment of ownership of proptaken back to his master forthwith. There can erty alleged to have been stolen from such be no doubt, then, in the mind of any living custody! Undoubtedly the case is the same being, that, so far as Lowe was capable of mak- here. Lowe followed the directions of Jening an arrest under that warrant, this arrest was nings, but he had a warrant in his hands, and complete. It cannot be claimed, except by very it was under and by virtue of that warrant, if fine-spun logic, that, although Lowe was there at all, that he had the custody of this negro under the Aegis of the United States, for the boy John. And it seems to me to be idle to execution of the warrant then in his hands, talk about the negro boy John's being then in when he took John into his possession by virtue the custody of Jennings, after he had thus been of that warrant, he then had not John in his arrested, and before the officer had relincustody, but that John was in the custody of quished control of him. I am -not going' to Jennings, who was back there in Oberlin, play- deny that it was in: the power - however iminag" bob nob" with his friend Wack. I know proper it might have been of Lowe to have that Lowe was set in motion by Jennings, cli- refuiisedto obey the mandate of' that writ. The rected in solme of his movemeilts by Jennings, writ commanded him to.arrest this slave John, and all that: but it seems to me that John was and to bring him before the commiissioner who just as much in Lowe's custody, as though he issued the writ, that he might then and there had acted upon a letter from Bacon alone. receive all and singular those things which Why, of course, he had Jenninas's advice. should then and there be considered of him' in Scarcely any one is arrested unless at the in- that behalf, and it gave him no authority whatstance of some private citizen: the party who ever to surrender him after arrest and before sues out the writ, as a general thing advises and return, to the agent, the owner, or any person directs the officer. It sometimes happens that whomsoever. And whenever the officer under under some circumstances a warrant is sworn such circumstances should discharge the persons out for a crime of such a character, that the named in the warrant, after arrest and befobre officer will go on and serve the writ without re- return, or deliver him into the custody and OBERLIN-WELLINGTON RESCUE. 153 control of another, he would thereby disobey ithat kind at the time Lowe alleges it transpired? the writ, and do what hehad no right to do; Lowe himself swears that such was the fact. although as there might be no one to complain IIe does not state so in his direct testimony; but except the person who sued out the writ, he on being asked in the course of the cross-examnligrht be held harmless. But so long as that ination, if he ever parted with the custody of officer of the law continued to control the per- the boy, he sees what is needed to make out a son arrested by virtue of that warrant, and case, and immed(iately " remembers" that he lil! down to the time when he should deliver him Jennings goes on to give a detail of what hapover to the control of some third party, it pened. Says he arrived there; went up into seems to me to be idle to talk about his being that room; thought the room insecure; gave in the custody of anybody else than the officer. directions, or made arrangements I for another N7ow I say, Gentleman of the Jury, that this room; saw the landlord; procured another boy John was arrested by Lowe, was taken into room in the third story, that he regarded as his custody, and remained so, under and by vir- more safe; and so on. Jennings don't tell you tue of that warrant, from the time of the arrest any thing about a transfer of the custody of the down to the time when he says he delivered boy to him by Lowe. But in the end, when he him over to Jennings, on his entrance into that was finally questioned as to whether there was room there on the second floor of the tavern. any transfer, he says that he thought he ladcl the There can be no sort of question, there can cuslody of the boy all the time! lie thought be no sort of doubt, that, during all this time at that John was in his custody all the time that least, John was in the custody of this Marshal he and his captors were on their way from the Lowe, and any rescue made during that time place of arrest to W'Tellington! But Jennings must necessarily have been alleged to have certainly has no very luminous ideas on ally been made, not from the custody of Bacon or phase of the subject. But if it be true, as of Jellning-s, but from the custody of the mar- Lowe swears, that he transferred the custody to shal having him in custody under the law. Jennings, then the custody must have been in The question of fact then arises here, as to Lowe down to that time, which contradicts the whether the custody that was taken of' this boy shadlowy impression that seems to have brooded John by Lowe, under and by order of his war- on Mr. Jennings's mind, that the boy was fiom rant, did cease upon the arrival of Jennings at the first, and all the time, in his custody 3 and it that tavern, where he found John in the second is, therefore, farther evident that the stupid Mr. story, by arrangement between Lowe and Jen- Jennings and the sa.acious Mr. Lowe were at nings; or whether that custody did continue that time acting upon entirely different views down to the time that he was in fact rescued? of the case. Now, Gentlemen, you have the And I shall claim, may it please the Court, that testimony of Lowe, and he is the only man who if that jury shall find,,that the testimony does swears to any such transfer. If Jennings comes not establish the proposition that there was a to this at all, it is by a very vague and general change in the custody of John, between the and undefined notion that he has, away up time of the arrival of Lowe with the negro in somewhere in his head, that the custody was in his custody at Wellington, and the time when hinm all the tinme. If there was such a transfer John was rescued, then the allecation in this of custody, why did n't Jennings know of it, or indictment being that the rescue was from the Mitchell, or Davis, not one of whom knows any custody —not of the officer of the law, not of thing about it now? Lowe alone swears to it, Lowe —but from the custody of Jennings; and he alone professes to know any thing about whether there were a rescue or not, this prose- it. I have heard it said that it takes two to cution must fail, because the testimony proves make a bargain, but here is an arrangemlent of one thlino and the indictment alleges another. vast importance between, two, and made only How is the fact, then, with regard to any by one! A very extraordinary kind of a barchange of custody? I claim without hesitation gain, it seems to me! and without doubt, that you will agree with me, If you are bound: to take every thing as true that, down to the time of the arrival of Jen- to which Mr. Lowe may choose to swear, then nings at the public house at Wellington, Jen- there need be no farther investigation upon any nings finding them on that second floor, John point. But if you are bound to take his testiwas in the custody of Lowe as a United States mony in connection with the testimony of' othMlarshal. ~qow, Lowe says, that, fearing his ers, then let us go over the ground and see liability under the statute, he transferred the what was the conduct of Lowe and hitchell custody of John to Mitchell, the agent of the and Jennings and Davis on that afternoon. owner, immediately upon his arrival —to Jen- By whom was it claimed to the crowd;. by nings, I would say. And from that time he was whom was it represented to those who came in no longer acting as a Deputy United States to inquire, that the boy was held? Why, they Marshal, was no longer actingr under and by tell you that the " papers" were shown; and virtue of that warrant, but was acting merely when you ask them, What papers? they tell as an assistant of Jennings, the agent of the you that the warrant was shown, and are painowner. Now, Gentlemen, is that true? Why, fully fearfiul lest they forget to add, "and the who swears to it? Who heard any thing of power of attorney too." 20 154 HISTORY OF THE WVell, now, we have an issue as to whether missloner, under whi7ch i amn actinq; I have this that power of attorney was or was not shown. boy John in mny custody, by virtue of that warThe witnesses for the prosecution-.some of rant; and now, sir, if you proceed one step them - say it was, others think it was. and others towards the execution of this magistrate's wardon't know; while the witnesses for the defence, rant of yours, you proceed at your peril." a most formidable and unimpeachable array, Now if Lowe had in fact, a little time previous swear positivelythat it was not. But there isno to that, not to exceed perhaps half an hour, controversy between the witnesses for the prose- divested himself of all authority and control cution and the witnesses for the defence, as to over the negro boy John, and changed posiwhether the warrant was shown, on any and tions, fiom that of a United States officer, exeevery possible occasion, as authority, amoong the cuting a warrant, and having the negro in cuspapers, at least. The Government witnesses tody under and by virtue of that warrant, to say the warrant and the power of attorney the position of a private citizen, assisting Jenwere both shown. They might very properly nings the agent, can you credit for a moment both be shown, although they all understood that he would have said to Meachamn, " Why, very well that John was' arrested, and was then sir, I am a United States Deputy-Marshal, actheld by the warrant alone. Why, that warrant ing uznder and by virtue of this warrant, wvhich asserts that it was issued upon the oath of An- I show to you - there it is - read it for yourderson Jennin(gs; but it does n't say that Ander- self, and it is inzder and by virtue of this warrant son Jennings was the agent of anybody. WVho that I have this negro in custody: now, sir, you Anderson Jennings was, or what power, or what must not interfbre with me? " Can it be posright he had to go and make an affidavit, no- sible that he would have used that language, if where appears outside the power of attorney he had. already made such a transfer? Can it itself. It was, therefore, in the highest degree be said that for the purpose of magnifyqing his proper, that at the same time the wavrrant was position lihe would tell this downrilght lie? If exhibited the power of attorney should be ex- so, then of what consequence is- it to what he hibited too, for the purpose of showing that not swears? But I tell you nay, Gentlemen; he only had the officer a proper warrant, but, go- told the truth, the exact truth, and utterly ing' behind it, there was a proper afida'vit, omitted to count upon any authority of Jenand authority to make such affidavit was con- nings. That power of attorney was not shown ferred in the power of attorney. But I want to Mi}eachlam; no reliance was placed upon it you to observe, Gentlemen, that in every in- by Lowe; none by Jennings, wlho was there stance, when ~Wheeler went there- and threatened momentarily with arrest by this he is apparently one of the friends of these State officer; no reference was made to it by claimants - made their acquaintance iarrme- this mlan MIitchell, who was importedl here to do diately, and sympathized with them to no the business of swearing. They stoo(1 all inconsiderable extent, having hiInself a broth- stood - upon the warrant and upon the warer down there who might some day be in rant alone. By virtue of the power of that as bad a fix, and with whom at least one warrant tlhey warned the State officer off. Now of these Kentuckians was acquainted:- what it seems to me, that, if that man Lowe should papers were shown him?'Why, the warrant standl upon that stand and swear until doomsat any rate, and I believe also the power of at- day, that he had, a little while before this intertorney. And you remember that when AVat- view with lIeacham, transferred the custody of son came from Oberlin, on the alarmn that a John from himself to Jennings, not one man of man had been kidnapped, and, knowing their you would believe one word of it. You know previous suspicious conduct, had gone before that it cannot be true, in the very nature of things. Esquire Bennett, and;made an affidlavit, charg- If such a transfer had been made, Jenlnings ing that these persons had kidnapped Jolln, would have said to Mleacham, "'Why, my dlear and got a warrant issued fbr their arrest, and sir, - have that boy in custody, as the agent of the constable Meacham, an intelligent and re- John G. Bacon, his owner, and here is the spectable man, at least so far as appearance powei& of attorney by which I am authorized to goes, and in fact, having the warrant in his hold him, andL do you let that boy alone, or I'll hands, went up and informed Jennings, and in- make you smart for it, for I am protected by formed Lowe, and informed Mitchell, and in- this power of attorney;" and Mitchell, who is formed Davis for what purpose he had comlie, - most of the time under oath without the cerethey repliedcl to him, - and Avhat was the re- mony of administering it, would have come forply? Why Lowe came forward in behalf of ward and testified to the accuracy of the inshruall —and this was in the room in the third ment and the identity of the boy; and that man story, a coinsiderable time after the transfer of would not have been allowed to go below stairs custody had taken place, accordinga to Lowe - without being fully notified of the authority by and Lowce says, "you can't arrest 2me; you which the boy was held; and he did not go have no power to take me into your custody on below witthout such a notification, for Lowe a warrant from a'State magistrate; I am an gave it to him in the most explicit terms. But officer of the United States:; I have a warrant o farther; Esquire Bennett was sent for,here, regularly issued by a United States Com- the magistrate who issued the warrant for the OBERLIN-WELLINGT ON RESCUE. 155 arrest of Lowe and his party. He went up; the crowd. They saw this, and were desirous he saw the papers; they were freely exhibited to satisfy him of the legality of their process, to him. What did he see? what was exhibited and of their right to hold John. And for the to him? what were the papers? He went up purpose of doing this, what paper did they exfor the purpose of seeing whether the warrant hibit to him? Why, this warrant, and this that he himself had issued should be executed and warrant alone! In reading the warrant, he enforced or not. He calls for the papers, and noticed that it purported to have been sworn they are shown; — what papers are shown? out by Anderson Jennings, without statingc what Why, that. warrant, and that warrant alone, was relation the said Jennings claimed to sustain to shown as authority. The power of attorney the fugitive; and when, on Patton's asking him was handed him for the purpose of showing that if he was the owner of the boy, he replied that the commissioner's warrant had a legal basis, he oas, without giving his name; and before and was legally issued, and for this purpose Patton had learned his name fiom any source, only, as Bennett himself testifies; solely for the Patton was necessarily left to infer that Anderpurpose of showing that that commissioner's son Jennings was the owner. And as he did warrant had been regularly issued. I know not —he says so-upon his oath so much as that with regard to Meacham, Jennings and hear of a power of attorney at any time during Lowe and Mitchell all swear.that the power that day, nor at any time subsequent or previof attorney was exhibited to him; but, Gen- ous, till he heard of it and saw it presented on tlemen, you will believe that man Meacham, the first 6f these trials, there was:no supposition taking into consideration the circumstances left him but that, as Lowe said, he held the and probabilities, against a great many more boy, and had the owner along as one of his such as Mitchell and his cronies. assistants, instead of acting himself as the assist-. Then again, Dickson, who is a lawyer, was ant of this man Jennings, who claims at one time sent for; a lawyer living there at Wellington; to be owner, at another to be the agent, and he too a man taking no part in this disturbance, at another to act only irresponsibly, out of pure if any disturbance there were. Tte inquires, neighborly regard, just as he thinks he can best the first thing, for. their authority. The war- carry his points. No attempt was made to exrant was shown him too, and the warrant alone. hibit to Patton any authority beside the xarYou will remember, then, that to Meacham, the rant, or any person as the custodian other than constable, threatening them with instant arrest, Lowe. Now, h6w can anybody reconcile this the warrant alone was put forward as their au- with Lowe's story of a transfer of custody? thority and protection; to Bennett, the magis- Again, as the affair progressed, and as night trate who issued the warrant for their arrest, approached, these men growing anious to get and who came up to see if he should not enforce away, it was proposed to them to go below and the service of his process, the commissioner's show their authority-to read it-to the warrant alone was put forward as their au- crowd, for the purpose of making the crowd see thority and protection, with a casual reference that if they made any resistance, or interfered to the power of attorney as its basis; to 1Dick- in any way to interrupt the return of the proson, the lawyer who was called in by them, cess, they would be acting illegally. The propand sought to be employed as their legal ad- osition was finally accepted, and then who viser, the warrant alone is spread out as the went? Joennilngs, -to whom Lowe swears he broad platform upon which he is invited to had long ago surrendered all his authority, and stand with them. Dickson read it carefully in whose custody alone the boy now was? Oh, through; observed that there was no seal; he no; but Mr. Lotte, the pompous Deputy-Marshal did n't observe that little quirk there, which thme of the United States of North America! And District-Attorney said had escaped his notice, what piper did he take with him to read? The until his attention was particularly called to it power of attorney?' Of course not; but, the the other day, and would have escaped the identical warrant which had been kept iii such notice of almost any one. Dickson remarked, industrious activity throuhout the entire afterthat every thing seemed to be regular about noon. They passedoutthebackdoor -Patton the warrant except the lack of a seal. Lowe and Meacham had promised to see hini'safely replied that it was not customary or necessary out and back- to the south of the tavern, on to have seals to this kind of papers. He, being to the steps of the drug-store [Mr. BACKUS an officer accustomed to the service of such here exhibited a diagram to the jury], and the kind of writs, might naturally be supposed to paper was read to the crowd. What paper know what was necessary to their validity. And was read? Why, if Jacob K. Lowe tells you now when Mr. Dickson came, thus sent for to the truth when he:says that on Jennings's arribe employed as their counsel, how came Lowe val he transferred the entire custody and conand Jennings to exhibit to him this warrant' trol of John to him- to Jenningys- and'after alone, if it be true that such a transfer of cus- that Jennings alone held him, and hleld him, of tody had taken place as Lowe alleges-? course, only by virtue of the power of, attorney, Other parties came up:too. Patton' was no paper but the power of attorney could have there. You saw him on the stand; an intelli-. been read, unless the intention was to perpetrate gent man, a man likely to have influence in a solemn hoax upon the crowd. Now Lowe says 156 HISTORY OF THE he can't remelmber whicl was read; that he had tion of the indictment is not met; the rescue both papers with him, and that Patton read one was a different one fiom that alleged, and the and began to read the other, and then he saw the prosecution must of necessity fail. rush into the house, and knew that foul play But, Gentlemen, there still remains to be would be used, and so snatched the second paper considered another phase of this case, and that away from Patton, and ran into the house and up has reference to the agency of the defendant in to the room. Now Patton, the man that read the rescue, be it what it may have been. NowV whatever was read( to the crowd, swears most the proof shows that there was a crowd there unequivocally and positively that the warrant at Wellington surrounding that house, comwas handed to him to read, and that he read it mencing a comparatively small crowd, called and handed it back again; and that he saw no together many of them by the fire on the oppoother paper in Lowe's possession; that none site side of the street by which the interests of; other was handed or offered to him to be read, many in that place had suffered severely - alld that he neither read, nor began to read, you see by the diagram where it was -but nor thought of reading any other. Cowles when the rumor became prevalent that,there stood next to Patton, and looked over his was a negro there in the hands of Southerners, shoulder while he read; and l he says that it on his way to the South, and that rumor was was the warrant that was read, and the warrant reiterated by the parties coming in from Oberonly, and that no other paper was offered or lin, and the word went out through the crowd shown, and this ~Mr. Cowles is a gentleman who that it was a case of kidnapping, and that a certainly has intelligence enough to know what warrant had been issued for the arrest of the he is testi'fying to, and integrity enoulgh to tell parties having the boy in custody as kidnappers, the whole truth, as any one would be satisfied the crowd began to gather about the hotel, and at a glance; which, as I have already said, is kept increasing till l think Jennings was able equally true of MIr. Patton. And Patton coi-, to count a thousand —though that is some mented on the lack of a seal in the hearing of five hundred more than any one else estimated. the crowd, and Bennett was near by and un- it at. It is undoubtedly true that the indicaderstood what was read, and says it was the tions were such as to inspire the men who had warrant and the warrant only. Can you then John in custody with the apprehension that have any doubt, Gentlemen, that Lowe was there mlighllt be a rescue. I am not disposed to mistaken about that transfer - to use the question this. And these men were thus kept mildest phrase -and that John continued to there from dinner-time till six and a half or be in his custody down to the very moment of seven o'clock. Now whether John may have the rescue? You cannot doubt which paper been forcibly withdrawn from the custody of was reacl to the crowd, or that it was the paper these Southerners, headed by Lowe the marunder and by virtue of which the boy was shal, or whether such intimidations were held; and that when Lowe, at the close of the brought to bear upon them as to induce them reading, commnanded the crowd, in the name of' to let John go, - in a legal view matters noth-. the United States, to disperse, and allow him ing. Unquestionably it would be a rescue in to complete the return of his process, he did so, either case. It may be conceded, then, on this not as a private citizen, and the assistant of testimony here, that so far as a rescue could Anderson Jennings,7 but as a Deputy-Marshal take place from the custody of the marshal, of the United States, acting - as he claimed'- under the circumstances of the case, a rescue under and by virtue of that Commissioner's did take place there. But whether such a warrant which had just been1 read. And if, rescue could have any effect upon this deat the close of the reading of this warrant, the fendant would depend first upon the question custody was still in Lowe, it certainly was at as to whether the rescue proved was the rescue the time of the rescue, which was only five or charged in the indictment. If the rescue ten minutes later, during which Patton was proved was from a custody other than that constantly with Lowe, and no transfer in the charged, the defendant must go acquit so far mean time is claimed to have been made. What- as this trial is concerned. But I propose to' ever, thenl, was true as to the party in whose cliscuss the question whether he took part in custody John was at the time of the reading of the rescue of John from the custody of any that paper down there in the crowd in front of human being there that day. And I say that drug shop, was equally true at the time without hesitation, that you must agree with John passed out of the house, ten minutes or me, that the prosecution has utterly failed to less afterwards. And I say to you, Gentle- prove the case as it must be proved on a men, that you cannot hesitate one moment in criminal trial. I know there has been testicoming to the conclusion and I care not mony here such as might lead a shrewd where your political biases are, or what your Yankee to guess that Langston might have had inclinations are - your intellect will force you something more to do with the rescue than he to come to the conclusion that John was res- ought to have had; but while he was guessing cued, if rescued at all, not from the custody of so, five others would guess that if Langston's Anderson Jennings, but from the custody of counsels had been followed, there would have Jacob K. Lowe; and if that be so, the allega- been no rescue there that day, and only legal O BERLIN-WELLINGTON RES CUE. 15T measures attempted. And although an "Afri- by a determination to adhere strictly to legal can sun may have burned upon him" or upon measures. His object was to ascertain-whether some of his ancestors, thank God, the defend- these men had seized John legally- with a ant has at least one remnant of a right yet left legal process. And we say that you will find him, and that is the same right to justice in him, if you will fbllow him step by step from this trial before this Anglo-Saxon jury that any the time he left Oberlin, or is supposed to one of their own color would have. And the have left there -there is no evidence to show jury must find him proven guilty beyond a that he came from there at all -you will find reasonable doubt, and that his action can be his course characterized all the way it is traceaccounted for upon no other hypothesis than able, by advice for the pursuit of legal means that of guilt, or else they must acquit him. If for the purpose of ascertaining by what authorthere is any other possible hypothesis, you ity John was held. What he wanted all the must accept it in preference to that of his way, and what he determined to have, was guilt, and acquit him;; and they need not be light upon. the subject, that he might know unevenly balanced to demand this at your hands; der what circumstances and by what means there must be a preponderance; and not only John had been borne so suspiciously away. I that, but the proof must be so clear that not a say, then, here are two hypotheses; the one reasonable doubt can remain. that of the Government, that he went there fbr Now there are two hypotheses here, either the purpose of rescuing John whether he was of which will account fobr his presence in held rightfully or wrongfully, - I must not use that crowd.'First, that he was there to effect these terms lest they may seem to have a moral the rescue, law or no law; and second, that he bearing, and in this case there is a very wide was attracted there as hundreds of others were, difference between the legal and the moral view. by the cry of kidnapping, having known the I will say, then, legally or illegally. And the other suspicious conduct of these parties in and about is, that he only sought to ascertain the character Oberlin for some time immediately previous. of the custody.; and we say, that his whole enYou know well, Gentlemen, that numbers of deavor was to ascertain whether these men, who men went from Oberlin to Wellington, actuated had John in custody, held him by legal or illegal by this understandling of the case; and that authority. You are to say which is the true others went out of mere curiosity; and whether hypothesis. If the testimony leaves any they hindered or not, had no sort of'purpose of reasonable doubt. on your mind as to aiding the rescue; and the Government has whether he was actuated by the one motive or been compelled to put witness after witness the other; if you should find even, upon the upon the stand, who swear that they were such whole, that the testimony going to establish the persons, and were as much in the crowd as this proposition of the Government were the strongdefendant, and, so far as their acts went, seve- er, but you could still see that there was rearal of them are vastly more open to the charge son to some extent fobr doubt; that it might be of aiding in the rescue than le. Now we say after all that what Langston professed over to you, that thesame motives which took them and over again was true, that he wished only took this defendant- curiosity; some sympa- legal measures to be pursued; - why, then, thy perhaps - much more I should hope than you are bound by your oaths to bring in a versome of these had. I say that this defendant, diet of acquittal. Yes, and much more firmly my client, went there out of curiosity, interest, bound than by that other obligation of your sympathy, and I hope, too, with a determina- oath, which will compel you under this statute tion that, if this man had been spirited away - objectionable as this statute is, outraging the unlawfully, he would bare his arm and strike feelings of every man who cares an iota for the if need, and employ physical force to any nec- rights of his fellows — this statute, which has essary extent, but that the outrage should be begotten and and n beet nothing but trouble averted. There is no proof, however, that he and turmoil and disturbance; -I say your used or advised any degree of physical force obligation to bring in a verdict of acquittal, is whatever, illegal as it has been proven here the tenfold stronger than that to bring in one of arrest and custody were. But it would seem condemnation; for the one will have only the that he supposed the custody to have the sane- approbation of the judgment,' and the other tion of law. There is no proof as to what his has superadded to this, the gratification that motives or his intentions were, but I hope, and must prevail in the breast of every man of you believe they were those of an honest MAN, that you are not forced to bring in a verdict of and that he meant to prevent an outrage if he guilty against that man who has been guilty of found one threatened, at any cost, and by the no moral crime, who has been guilty of no selfmost effective means within his reach. I should ishness, who has sinned not against his conbe ashamed of him if it were not so. You science or his God, but against the provisions would be ashamed of him. You would be of a law only, which denies to men of his color ashamed of yourselves if, in a like emergen- the rights of manhood. Well, Gentlemen,'What cy, this were not true of you..But cer- is the testimony upon which the prosecution tainly there is no proof that he meant to break relies to establish the guilt of the defendant any law, and we say his course was marked out Langston? Why, yotu must have seen that a 158 rHISTORY OF THE large portion of the testimony-perhaps it is hundred, brought there bhy the fire, were all the " nine tenths " to which Mr. District-Attor- there for lawful purposes, taking no voluntary ney alluded, and which he himself character- part in any unlawful proceedings,- then I subized as " utterly useless," in which I heartily mllit that this defendant cannot possibly be impliconcur with him - has been of no service to cated by the evidence with the rescue made by a the Government, but your time has been mostly part of that crowd. While he stood dumb and inoccupied in giving attention to what the crowd active, Wood and Mliarks and Wack were laborat Oberlin said and did; what the crowd on ing in all possible ways to increase the excitement the way to Wellington said and did; and what of the populace, by putting up ladders, by shoutthe crowd at Wellington said and did, which is ing, " Here he goes! "This way! " "Keep a of no pertinence to the issue, and has no com- sharp look-out " etc., doing much more to dispetency here unless to show that what the tuib the peace and promote such excitement as crowd said and did, Langston said and did. would prompt to the rescue, each one of them, This might be done by first showing that there than a score of men like this defendant. The was concert of action in the crowd, or in that testimony on this point is clear, unanimous, and part of the crowd with which Langston un- unmistakable. I say, then, if these were all mistakably identified himself; but you must there, thus active, and actuated only by lawful find the connection, you must find the combi- motives, then, to say the least, this deifendant nation, you must see that they had confede- m7acy have been in the same crowd and actuated rated together for a common and definite pur- with an equally lawful purpose; and, more than pose. I do not claim, and it is idle for any one that, I say the testimony abundantly shows that to claim, that to show such a combination it he was so. I say, therefore, proof of what was nmust be shown that they had an organization, done in the crowd cannot affect this defendant, a formal meeting, with a moderator and secre- Langston, without additional proof' that he was tary, or adopted any special rules or resolu- connected with {hat part of that crowd which tions. But what I do claim is, that before you had an illegal purpose in view, and that illegal can charce one man with the acts of others, purpose, the rescue of John from lawful cusyou must show that that man, whom you seek tody. Now what portion of that crowd, Gentleto affect, has united in purpose with the other men, did participate in any illegal purpose with men awhose conduct is given in evidence; for regard to the rescue of John from lawful custoseort of that it would be an outraoe on his dy, as it is claimed? I am not going into any rights to say that he was to be affected by detailed examination of the testimony on this anyll thinl that was said or clone by individ- point, for, if I did, -I -should- wake up - unls cliancine to stand within a given lnu:1- my old friend there (one of the jurors), [laughber of feet of where he stood. This testimony, tei'] which I do not wish to do! But I wish to say, then, Gentlemen, that has been permitted to go lin brief, that, so far as the evidence shows, all to y-ou by tlle Court, under the pledge of thle the persons in that whole crowd who purposed.District-Attorney that, before he closed his to rescue John, in violation of law, would not case, he would show such combination as wouldl exceed fify. Now, then, upon what testimony charge uponLangston all the acts of the crowd, does the Government rely for the purpose of - -ixhichi indulgence of the Court was right, of showing that Langston was connected in purcourse, upon the conditions made, but not oth- pose and'intent with this insignificant minority erise, - his testimony, I say, if you will scan of that crowd; - the fewz wlo were bent upna it closelyr, it seems to me, can produce in the doing what they had no legal right to do? mind of no man of you the conviction that this Why, you have heard the testimony; it has crowd, including the defendant, did confederate been detailed and presenlted to you by my by words or comimllunication of thotughts for the friend andl associate, Mr. GRISWOLD, in a very actcomplishment of an unlawful pulrpose. And, clear and able manner, and it is not necessary again, I say, the Government has placed wit- fobr me to go into it at length again. ncss after witness on that stand, who were in Jenningys is the first witness called. What is the crowd, who acted with the crowd, but who his testimony? I want you.to scan his testiwere in no combination with that part of the mony closely, and notice how poor his memory crowd that may have had unlawful purposes in is on some points, and how confusedly stubborn view. If, thllen, Gentlemen of the Jury, it be it is on others. How is it that Langston is first true that Bennett was there in that crowd for a seen in that crowd between four and five lawful purpose, that Meacham was there in. that o'clock? Where he came from or for what crowd fobr a lawful purpose, that Iowk was purpose he came, the testimony does not show. there in that crowd for a lawful pui-pose, that Now if there is any witness who has sworn that liarks was there in that crowd for a lawful pur- he saw Langston at Oberlin that day prior to pose, that Wack was there in that crowd for a the rescue, it has escaped. my notice. If any hitwful purpose, that E. S. Lyman, Halbert, one has so sworn, if it should turn out so, all Barber, and even Norris A.:'Vood, and dozens there is of it is that he was at Oberlin in the of others, all apparently more or less activeI forenoon, and at Wellington at sone three, four, participants in some, at least, of the actions of or five o'clock in the afternoonl; but how he the crowd, beside the two hundred or three got to Wellington, or for what purpose he caule, OBERLIN-WELLINGTON RESCUE. 159 does not appear. But what did he do after he requested him to give his aid in quieting the got there? I don't know but I may as well crowd and to help them get away with their take Lowe for my text. He says that after he prisoner, and Lowve swears - whatever Jenand his party got into the upper. story, he nings'or Davis or Wheeler may have dreamed looked out of the window and saw Langston in — that he said he would, and appeared to the crowd, and as he had known him for years speak candidly and honestly. And I wish you in Columbus, and knew that he was a well dis- to observe, therefore, that in this conversation, posed, law-abiding, and reasonable man, and neither Mr. Jennings nor any other man could Just such a man as he wanted at such a time - have heard Langston say to Lowe, that he just such a man, Gentlemen, Lowe swears he had would not assist him, but would have John, for years knownv him to be, as. we now claim him papers or. no papers; for if he had so told Lowe, to be - he sent for him, or'said in some one's most certainly his ears are not so short that he hearing that he wished he could see him; and would- have been left with the conviction that so John Watson —not our worthy member of Langston was acting in good faith in going the Legislature to be sure —though I thought down to the crowd for the professed purit was he that was indicted until I was intro- pose of using his influence in Lowe's behalf; duced to this other gentleman, - by no means I wish you also to notice that Lowe swears that a less respectable one, although happening to Langston was up stairs, to his knowledge, only have a deeper'colored skin, - Watson went twice on that afternoon; that the first time, down to find Langston. Barber says when when their conversation was held in the room Watson found Langston, Langston had his where John and others were, the tenor of -the hand on a gun. He can't say whether the gun conversation was such as to leave on Lowe's belonged to Langston or to some one else; but mind the most favorable impression of LangLangrston took his hand off from it, and went ston's disposition to assist him in retaining the up without it. He may have handed it to some custody of the negro, and that therefore no such one else to keep for him, or he may have re- thing could possibly have been said durinf this turned it to its owner. The Court will tell you, conversation by Langston i as has been attribuGentlemen, that you are here - as every- ted to him by Jennings and Davis, and perhaps where -bound to infer that the defendant's others. Lowe swears that in pursuance of his connection with that gun was innocent, in the own request and Langston's promise, Langston absence of sufficient proof to establish without did go down to the crowd, and that in about reasonable doubt that it was criminal. And as twenty miinutes he returned, and taking Lowe this is the only occasion during the entire day aside into the little room adjoining, where they when arms of any sort were seen at all in his two were alone together, and no one else was possession, the balance of probability alone will present or in hearing, Langston told him that oblige you to believe that this was not his gun, he had been using his influence with the crowd and that he was only temporarily leaning or to dissuade them from attempting any force or resting his hand upon it. Watson goes back other illegal measures. Did Langston tell the and Langston goes with him, up to the room truth when he said this? Do not Bennett and where Lowe was. Lowe tells you that when Howk and Wheeler, all Government witnesses, Langston came up they talked together about tell you that about this time - and to locate it, matters generally. Lowe says le explained to it is only necessary to refer to the passage of him how things were, and explained the papers the train, which Lowe says passed during their to him - can't renmnmber that he showed him first interview, and its regular time at that staany papers; it is no matter whether they were tion is said to have been 5:13 - do not these shown or not. Lowe says Langston expressed Government witnesses all tell you frankly and himself satisfied; the papers were either shown explicitly that about this time they found Langor " explained" to him; and Lowe, counting ston in the, crowd, recommending peaceable upon the knowledge that he had of'the defend- measures, and urging that there should be no ant by means of a long-standing acquaintance, appeal to force; saying that he had been up asked him to use his influence with the crowd stairs and had learned by what authority the for peace; and he says he promised he would, negro was held? And do they not further and expressed himself in favor of'legal meas- swear that he expressed his belief that the ures. At the instance; then, of Lowe, as Lowe papers were legal, and that the only proper says, Langston went down to the crowd, and course was for them, if they wanted to test the after having been gone some twenty minutes, question whether John was or was not legally returned. Now this first conversation was in held, to go to Elyria and procure a writ of the room where John was. habeas corpus; that he proposed himself, if Whether there were any persons present they would furnish a horse and buggy, to go and listening I do not now know. It is very and procure that writ? And now it is atprobable there were; but thus much is per- tempted to be established that he said it was fectly evident, that the whole tenor of that conl- too late to- go to Elyria, for troops had been sent versation, so far as John was concerned, was to. for, and before they could get back from Elythe effect that he (Langston) was satisfied with ria, the troops would be there by the train;the state of the case as shown by Lowe. Lowe'when the train had already passed, while he was 160 HISTORY OF THE holding that first conversation with Lowe! You twenty minutes before the second, and that down see, then, how utterly unjust it is to claim that to the last moment of the second, he believed he was'serving a double purpose; that he was that Langston was acting in good faith in his communicating the information that he had de- behalf, endeavoring to still the crowd and perrived up stairs from Lowe, and at the same suade them to the use of peaceable measures. time covertly advising the crowd not to follow And that he was induced to suspect Langston's those peaceful means, which he had himself all honesty only by the observation he made as he along recommended. was passing out of the room at the close of this Now, it is said that he and Patton came out second interview. He says that when Langston about the same time - or Barber, who swears had urged him, in view of all the circumstances, to it, says le saw them coming from the direc- to get himself out of what then seemed to be a tion of the back yard; that he, standing in the dangerous position, by using his influence with lane (see diagram), saw them coming along Jennings — who had declared himself to be the there, approaching him from the direction of the owner- to give up the negro, and Lowe had door leading up stairs; did n't know whether peremptorily declined making any such attempt, they came out of the door together; did n't Langston rose up and passed out rapidly, and know, in fact, as they came out of the door, as hle passed out, said, "' Well, we'11 have him, either of them, at all at that time. What he any way." Now I want you to compare this does know, is that he saw them approaching him, testimony of Lowe with that of Jennings and moving outward toward the crowd in the street, Davis. (Of Davis I know very little; but havPatton some fifteen feet ahead of Langston, and ing been privileged with a longer acquaintance that Patton, addressing himself to the crowd, with Mr. Jennings, I think he could bring himsaid, that the only legal way to inquire into the self to believe almost any thing, particularly custody was by a writ of habeas corpus from since he got that "jabble" on his head!) Elyria, but it was too late then to go for one, -Now, because Jennings testifies to a thing, I and they must do as they pleased. He says know there is no man on that Jury simple that Langston had nothing to do with this pro- enough to suppose that it must necessarily be clamlation; does n't know as he even heard it, true. Not that Jennings, in telling his absurdior was near enough to hear it. That Langston ties, would always know that he was lying; he stopped some fifteen or eighteen feet back of might have some indistinct idea that he was doPatton, and went to talking with persons there, in g( something not quite in keeping with thile advising the use of peaceable and legal mcas- Code of. Honor down in Kentucky, but as to ures. I shall not attempt to allude to all the lying, nothing is surer than that they never testimony on this point. Here you have Ben- taught him what that was in that Church of nett and Howk and Wheeler and Barber per- which he is such an exemplary member, down haps, and others who all swear to the unvaried there! [Laughter.] What possible plausibility tenor of Langston's conversation and conduct, is there for believing that Jennings and Davis as not only passively, but actually and positively heard Langston say to Lowe in the first interlaw-abiding. After having been absent some view — and at no other conversation were they twenty minutes, he returned and called Lowe present - "I won't help you; but we'll have out into the little room at the head of the stairs. him any how?" Mitchell won't swear to any They went into that room and sat down on the such thing; he was brought here for the exbed together, and there they talked, no one be- press purpose of swearing, but you can't fetch side themselves being present. There was no him quite up to that! So that either Jennings conversation on this occasion in the room where and Davis testify to what was not true, or else the negro was, but all that was said was said Lowe testifies to what is not true. And Lowe while they were alone together in the little room gives you the best reason in the world for beadjoining the stairway, and beyond the reach lieving him, for he declares that up to the time of the ears of those who were in the room with Langston left the room, at the close of that secJohn. Well, Mr. Lowe himself tells you what ond private interview, he had entire confidence transpired in this second (and besides the one that he was faithfully working for him. And already alluded to,' during which the train how is it possible to suppose, for a moment, that passed, the only) conversation they had together he could have retained such an impression if that day. I-e tells you that Langston said to Langston had met his overtures in the first inhim, "I have been below, talking to the crowd, terview with such unqualified refusal and reendeavoring to influence them to take a legal pugnance as Jennings and Davis represent? course, but without success. They are deter- But I know very well how these good easy mined to take their own course." Washe then souls, and especially my old friend Jennings, playing false to Lowe? Not unless Bennett after hearing Lowe tell of this remark of Langand Howk - and you all saw inll Mr. Howk's ston in the second interview, might actually imhonest face, at any rate, that he was a man that agine that they heard it too; and Lowe, unfordid-n't know hotw to lie - unless Jacob Wheeler. tunately, not having taken pains to impress upon swears false, he told Lowe the truth. Now, them that it would n't do for them to swear to Lowe tells you that he saw Langston but twice it, since he would have to swear that it was that day; that the first interview, broke up I made in the second and private interview, at OBERLIN-WELLINGTON RESCUE. 161 which neither of them was present, nor near the villains were forced to release their prey. enough to be within possible earshot, they out There was reason enough, then, why this dewith it before it could be stopped, and then fondant should say,; that that investigation bethere was nothing but the "jewel of consisten- fore the magistrates ought to proceed, and that cy " left to them; - so they stick to it. And the crowd should be satisfied with nothing short now with so strong a reason for believing Lowe of it. And even, Gentlemen, if, hearing that rather than Jennings and Davis, is n't your Lowe had a warrant -I am talking now about course a plain one, Gentlemen? his action in reference to the service of this There are other witnesses upon whom the warrant, which, you -will not forget, was immeprosecution rely to implicate Langston. In this diately after his arrival in the crowd, and before confusion of testimony it is next to impossible Lowe had sent for him to hold the first converto fix the time of the occurrences which are sation -if, I say, hearing that Lowe had a testified to. But it seems to be clear, that, dur- warrant, he was satisfied in his own mind; still, ing the earlier part of the time Langston was and none the less, for the satisfaction of the there, busied about the arrest of these men for crowd, and because he might be deceived himkidnapping, in order that their authority might self, and because the man's' liberties were all at be subjected to official inspection, he was get- stake, was it not his unquestionable duty - did ting up or helping to get up a bond of indem- he not owe it to humanity and justice to do by ity for the constable, who, it seems, was a lit- that boy as you would have demanded of hinm tle tender-footed about serving the warrant that to do by you in like peril - to press that official had been issued by Mr. Justice Bennett. It is investigation, and to rest satisfied with nothing said that Dickson drew up the bond, and Lang- short of' it? I know the District-Attorney has ston circulated it. This was before Lowe sent said, and his associate may reiterate it, that it for him, it is important to remember; bejbre he was not proper for the constable to obey the had any reliable intimation of the authority mandate of any such warrant, or to attempt under and by virtue of which they claimed to any such arrest. But suppose Langston honhold John. It was not Langston who swore estly thought the law authorized it, and acted out the warrant. The warrant had been sworn upon such honest belief, solely for, the purpose out, and the constable had attempted to serve of secui-ing the rights of all parties, and paving it long before Langston was seen anywhere in the way for the escape of the officer from the that crowd. On his arrival, he heard a dispute difficulties that environed him, if his papers about the legality of the custody. Patton, or were found to be right; - and if they were not others, may -have expressed, in his hearing, a right, the District-Attorney would not be seen belief that the custody was legal; but here was standing up here to claim that that crowd ought a warrant already issued, and in the hands of to have allowed a case of kidnapping in their the constable, the service of which would insure midst!-shall a man for such conduct be a satisfactory examination. Makkig use, there- branded by this Court as a violator of the.pubfore, of that common sense, which, I take it lie peace and the rights of citizens? A man upon me to say, he showed himself to be pos- intending only a lawful course, and advising it sessed of in an enviable degree, he thought it only to prevent an outrage which was equally on all accounts best to have a legal investiga- liable to be perpetrated by either or both partion, that John might neither be rescued nor ties; coming between them as. a peacemaker to carried off without any one knowing what sanc- adjust their iffiulties according to law - shall tion there might be for either course. He very he be branded a felon, I say, and punished with properly told the constable, "You have no right the enormities of the provisions of this Fugito go behind the warrant in your hands, and tive Slave Act? inquire into the legality of its issue; your sole But this attempt to get the constable to arrest business is to serve it." Bring the men before failing, afterward you hearof hin in that alley these magistrates, candid, honorable men as stating that a ]habeas: cospgus from Elyria might they are, and it will then appear whether the be obtained, and was, therefore, thei next best custody of John is legal or not, and the decision' legal and peaceable resort, and offering, if a of these magistrates will or ought to satisfy the horse and buggy were furnished him, to go for crowd. Suppose he did hear something about it. And is it not probable then, are you not a warrant, and perhaps even something of a bound to believe, that he was anxious that a power of attorney;- he none the less justly legal course should be pursued; if not for his demanded a legal, official investigation. ~Why, own satisfaction, at least for the satisfaction of some of you must have heard of the case in the more turbulent portion of the crowd? Akron, where, a short time since, a colored As I have already said(, I shall not attempt man was seized by certain scoundrels, under to go over in detail: all the testimony that has the pretence that they were arresting him for been given as to what he said and what he did passing counterfeit money; they exhibited a in connection with this: transaction. It has forged warrant, which purported to have been been accurately done by my associate, and issued by Minor, the Clerk of the U. S. Court; must be fresh in your recollection.. But I wish but some one happening to look at it, who knew to call your attention now to the conflict beMIinor's handwriting, detected the fraud, and tween the testimony of the Government wit21 162: HISTORY OF THE nesses upon several important points; for the Lowe one hundred dollars, if he got the " nig purpose of reminding you that it must be with ger," and pay his -expenses from Columbus to a great degree of caution that you give credit Oberlin at any rate; that he made the same to what they say; that their testimony is such agreement with Davis; which latter statement as plainly to show that they have either forgot- he afterwards explained by saying that it was ten what occurred, or else their inclination is to be one hundred dollars for both. But Lowe such as to debar them from credit at your comes up and swears roundly that there was hands. For instance, you have had the testi- no pecuniary arrangement whatever made; mony of Jennings and Bacon as to the arrange- but that he expected to charge his usual price, ment under which Jennings came out here in which is $2 a day and expenses; that Jennings pursuit of John. I frankly confess that I see indeed offered him a hundred dollars, but his nothing in the appearance of this man Bacon, incorruptible integrity spurned the bribe, and to authorize me to asperse his character for so there was no definite arrangement made. truth and'veracity, though I cannot but regret Davis says he never heard of the hundred that he could not employ his valuable time to dollars, and made no bargain; expected to better advantage than in hiring some wretch to charge his usual fees as deputy-sheriff. Isn't recapture the boy John, so ardently loving his it rather unfortunate that there should be such own freedom; or in being here to carry on this a difference of opinion among these gentlemen, prosecution against a man who sought only to and especially that Mr. Jennings can't get any keep and not to break the law. I know that it of his stories to jibe with anybody's else? may be, said that he is here as.a witness under Now there is another witness for the governprocess; but I know, too, that if he be, as is ment, one Sciples, who testifies that he saw the alleged, the owner of the boy. John, a wave of defendant twice on the afternoon of that day, his hand would doubtless heave prevented the and that the second time he saw him was on indictment being found. the floor of the second story with Watson, Bacon swears that he promised Jennings, as some time about the middle of the afternoon. the consideration for attempting the capture of Saw him only twice, and the second time he the, nigger,".500, or one half what the was with Watson on the second floor of the "nigger" would sell for, provided he brought hotel, and this was about the middle of the him safely back; and otherwise he was to have afternoon. But when recalled to patch up a nothing. -He says that this was an explicit lame case, he swears that he saw him going up agreement. Jennings swears that there was the stairs with Watson when the rush was no arrangement whatever about compensation; made, immediately - only a few moments — that he undertook the return of this wayward before the rescue. An important addition to youth a~ a neighborly duty, an act of pure his reminiscences, and a little remarkable that benevolence; expected that his actual ex- he could'nt think of it before. So much for penses would probably be paid —though for his consistency. And so with a large portion some reason they never have been yet —but of all the witnesses for the Government. had no idea of ever getting any thing more. But some one of them testifies that while Now why is it that these men, at the very Langston was circulating a bond of indemnity threshold of the first trial, cross each other's for the constable, he was told that the constapath in this way? Do they not impeach each ble would n't serve the writ, that he had reother, or, at least, one impeach the other? fused to do so, and he replied, "I do'nt care; What credit can they expect you to give them? we'll have him, any how." And of this the I verily believe Bacon, fbr he appears truthful, learned counsel for the Government are disand testifies to what is reasonable; but I am in- posed to make much handle. But is it fair to dlined as strongly to distrust Jennings, because do so? How impossible for any one hearing so he appears any thing but truthful, and talks equivocal and isolated a remark to fix positively any thing but common sense. WVhy does Jen- upon its meaning; to say absolutely whether nings disclaim -the influence of any definite he meant that they would have Lowe, whose number of pieces of silver upon his pious and.arrest was the sole object of his immediate neighborly heart? Can it be that that gun attention, and who might be taken with this penetrated so far into his head as to awaken warrant by any one of numerous constables, to activity some latent moral perceptions of other than Meacham, within a few minutes, the reputableness of " nigger hunting " as com- call; or whether he meant John, whom he had paredl with other walks of Christian usefulness? as yet promised no relief, directly or indirectly, It is of course of no pertinence to the issue on except by the hands of the proper officers of trial what the terms of Mr. Jennings's engage- the law and through the operations, of strictly ments were; -but it is of some importance to legal processes? And it is really remarkable how the government and to you, Gentlemen of the this single phrase seems to have been heard by Jury, whether the chief witnesses forthe Govern- every one of a certain class of the Government's ment can tell the truth when there is no possi-. -witnesses, up stairs, down stairs, out of doors, and ble inducement to lie!:everywhere,- the echo seems to haunt them On this trial Mr. Jennings swears that his all; and yet nothing can be more flimsy than bargain with Lowe -was that he was to give the statements in' connection with which this OBERLIN-WELLINGTON RESCUE. 163 phrase is quoted by every one of them. Even but a moment before the rescue took place. Lowe gives the whole weight of his testilony Ile says he:saw that. Watson is brought to a.gainst the probability of its use in his pres- tie stand, and swears straight out, with the ence; and the others are either flatly contra- emphqsis and boldness of an intelligent and dicted or impeach themselves. honest man, that he was only in that hall — And now notice this remark and its coniection, that he only passed up those. stairs - in comas Lowe says it was made to him alone, at the pany with Langston, once on that day, and that close ofthat second private interview, in the little that was when he was sent by Lowe after room up at the head of the stairs. Until this Langston, and returned with him, which was moment, every word, look, and act of Langston immediately prior to the first interview between had insp'ied Lowve with confidence that he had Lowe and Langston, during the continuance of in Langston a friend who would, at least, labor which Lowe distinctly remembers that the train against a foircible rescue. Even Langston's passed; and this, he says, was at least two hours kind endeavors to get Lowe out of the scrape, before the rescue, and that the testimony of Sciby advising him to urge upon Jennings the ples in reference to his going up with Langston expedienc y of parting with John voluntarily, immediately prior to the rescue, is utterly false. rather than risk'a defence against the excited It is said that Wheeler swears he also saw and stubborn crowd, did not shake his confi- him pass up some time before the rescue, though dence. He trusted( him confidently until, at he can't tell exactly when. But he also swears the last moment, when it became plain, as he that he saw him going up those stairs with says, that negotiations wvere wellnigh at an Watson only once, and Watson very clearly end, LanIston rose, and striding rapidly out, fixes the time and adds that they went up tosaild, " I don'it care," or "well," or something of gether only once. So Wheeler only corrobothat sort we'1! have him any how."' I need rates Watson without particularly helping the not dwell on this point, since my associate has Government. And as to Sciples, - you, Gendone so; but you woutld be silrprised if I passed tlemen, heard the testimony that was given here over so important a point, without calling your as to his life-long reputation for truth and Yeattention urlgenlltr to it. The statement was racity, and it was of such a character that I not repeated; Lowe asked for no explanation; need make no comments upon it you cannot Lang'ston wvent off, and did not return; Lowe feel yourselves authorized to give his testimony says he did noi conme up with those who took the slightest weight. John off; lie neither saw nor heard any thing I believe then, Gentlemen - afterwards on that day, that would implicate [Mr. GRISWOLD called off Mr. BAcKUs's athim with the rescuers, any more than he did tention for a few moments.] before this fatal wiord was let slip; so that the - I am reminded, Gentlemen of the Jury, whole of his conduct that day, except in the may it please the Court, that before I close I use of this ONE WVORD, was peaceful. Mr. should not pass over without comment a posiLowe, of course, though lie canthardly tell day tion taken by the District-Attorney in his openfiom n night on any other point, could not have ing remarks; and that was that any interfermisuniderstood Liangston, and thought he said ence with the parties having John in custody ":," when in fact he repeated what he had whether by way of legal proceedings or otheralready saidl ai ith impunity, " TIIY " NO; it wise was unwarrantable and inexcusable resissuits the purposes of the prosecution, Gentle- tanec to the authority of the United States; mnen, that you believe in Mr. Lowe's infallibility that it was not in the power of any magistrate on this point, since his testimony in other to order an examination of themn by arrest, or points dhoes but hlelp the defence, an(I on this in the power of a constable to serve a warrant point there is no one to contradict him but the if it were placed in his hands; and that whoever defendant. So that it appears, I say, that the advised such proceedings was equally criminal, whole of the defendant's conduct on that day, guilty, and chargeable with unlawfully particiexcept that onsx.vontD, was that of a peace- pating in attempts to rescue, with those who maker and law.-conservator. But Lowe comes appealed only to intimidation and force. It here into Court, and the anxious witnesses all seems to me that nothing farther need be said seeing what a ghostly chance the Government upon this point than was said by my associate. has left, and lhearing Lowe fix up that little I cannot for one moment believe that any one pronoun so nicely, scratch their heads and will stand up here and say that a person thus swear that they heard him say it too, and that acting in good faith to secure merely a legal inhe was saying it on all manner of inmpossible vestigation of the tenure going behind no and improbable occasions. Now, Gentlemen of paper presented-by which a presumptively the Jury, can you lay your hands on your free person is elaimed to be held in close custohearts anid say there is NO ROOM FOR A dy, under circumstances which not only justify REASONABLE DOUBT as to whether the but oblige the darkest suspicions, makes himself word used by Langston was "we," or " they?" liable to, and is to be held primd facie, as worOne word more about Sciples's testimony, or thy of condign punishment as one who'appeals that part of it in which he avers that he saw only to physical violence! Certainly, I say, it Langston passing up those stairs with Watson, cannot be that any gentleman who makes the 164 HISTORY OF THE slightest pretensions to a knowledge of law will And now, Gentlemen of the Jury, I know stand up here and risk his professional reputa- that there is a mass of testimony, which it has tion upon so reckless a statement as that!'The taken us some two weeks or more to draw out, gentleman cannot be serious. The indictment that I have left;,untouched, even after so lengthyr alleges no such resistance to authority, but re- remarks as I have already made. But we will sistance with " force and arms," and therefore let all of that pass. I feel sure that you will if it be resistance, and be proven, it cannot not lay stress upon isolated scraps or garbled come before you, Gentlemen, who sit here only words and phrases in the testimony, especially to ascertain whether the allegations of the in- such as run utterly counter to the entire drift dictment are proven. And I take it, therefore, of the whole. And that you will not do this is that the discussion of this point -if a discus- all I could wish to ask at your hands; for, unsion could be seriously maintained i - must fall less you should do it, you must render the veraltogether outside the limits of this case. diet most grateful to your own feelings, and But if it were involved in the case, I should which I am sure could not be unpleasant to my take it upon myself to say, as my associate has'client or his counsel. said, that if a person should procure such an Under the instructions of the Court, you will investigation, not for the purpose of honest and find, if those instructions shall be as I anticiimpartial investigation, but as a cover for other pate, that the power of attorney was fatally deand illegal proceedings, then the parties crimi- fective, and that all proceedings under it were nally and deceitfully acting under such cover incapable of laying a foundation for this charge. milht be amenable to this statute. But even But if the Court shall differ with me here, and then, the movers in the matter acting with dis- you travel down to the next point, I am cerhonest and criminal motives, if any other per- tainly unable' to see from what portion of the son in (ood faith should promote such issue and evidence you are to discover that the rescue service of process for the sole purpose of law- was, as the indictment alleges, from the cusful inquiry, in good faith and for the promotion tody of Anderson Jennings! But if, contrary of justice, and in ignorance of the true charac- to all my most confident expectations, under ter of the power under which the parties sought the ruling of the Court, you are forbidden to to be arrested held their prisoner, can this investigate this point, and are forced on to the Court lay down such a rule of law as it is re- next, then I know that, on this question of quested to by the District-Attorney? that my fact —from the investigation of which you canclient, thus acting in good faith, for the sole pur- not be driven, -I say, then, I know that you pose of ascertaining the truth, that he might gov- can never find - in my humble estimation - ern himself by it, is amenable to the penalties of that the purpose of this defendant, in his cona criminal statute, and chargeable with " uzlaw- nection with that crowd, was to make a breach fully, willingly, and knowingly," resisting compe- of the peace and to encourage an illegal restent legal authority'? I know that the gentle- cue. Yout must find - unless you throw away man read an authority from McLean's Reports, all this testimony and manufacture for yourin a civil case for the recovery of the value of selves that he labored for peace and fobr peace a slave, that it can make no difference what are only, - for legal measures, and for legal meinasthe motives to interference so long as the injury ures only. And I know, too, that there is not to the plaintiff is the same; but where has it a man among you who can lay his hand upon been laid down as a rule of law that a man can his heart and say that there is not ground for be guilty of crime when his motives are inno- one reasonable doubt whether the allegations of cent and absolutely submissive to Law? I ut- the prosecution in this indictment are pr-oven terly repudiate the existence of such a doctrine, or not; so that, in the case of this defendant, and I shall most assuredly take it for "'anted let the character of the rescue itself' be what that no such rule will be laid down by this Court, it may have been, you will be forced to find a till my own ears bring me the incredible proof. verdict of Not Guilty. Why, who ever heard of an individual being And now, Gentlemen, I believe I have said convicted of larceny for going into your house all that I am warranted in saying upon this and taking an article under the honest impres- subject. I have endeavored to meet the issues sion that it was his own, while in fact it was presented fairly and squarely. Whatever may yours and not his all the time? Though an be my own views of the constitutionality and action for trespass undoubtedly would lie for propriety of the statute upon which this prosethe full value of the article thus abstracted. I cution is founded, I must, for the purposes of know that it may be necessary to invoke such this trial, regard it as constitutional and of full a rule of law for the purpose of procuring a force.' But I do not wish to be misapprehended, conviction in this case, for certainly' without its and to seem to occupy a position that I do not aid this Jury can never on their oaths find a occupy.'And, therefore, I wish to say of that verdict of guilty; but I think I can risk noth- threat of the District-Attorney, that he hoped ing in saying that I know this Court will never the counsel for the defence would not be allay down such a rule as law, and that you will lowed unrebuked by your Honor to comment not take the talk of the District-Attorney as a upon the enormity of the statute itself, that I part of the Charge'of the Court. hope you will do me the justice to believe that OBERLIN-WELLINGTON RESCUE. 165 I have said what I have as to the binding force in slaves may be an unpleasant one to contemof this statute without the remotest regard to plate, and we may regret that such an instituthis mliserable menace, but with sole reterence tion exists, but it is not our sin, and the people to the interests of my client and the mainte- of Ohio are not guilty of its commission, and so nance of my own self-respect. long as it is recognized as an institution of one With these remarks, Gentlemen, I leave that portion- of the country by the laws of the counman in your hands, standing here and appeal- try, so long must we respect the right of those ing to you to deal out to him, at least, in this who hold property in slaves. The right of the onze instance, equal justice, as you would to a residents of Kentucky can no more be broken man whose complexion was of another hue. It down by such men as Charles Langston than is, as I have already said, almost the only case can the institution in the Island of' Cuba, and vwhere, under the rulings of our Courts, and why, then, should they take up arms and follow under the laws of the land, he is entitled to de- the man who seeks upon our soil to exercise his mand equal justice with a white man at the own proprietary right to secure his own prophands of his fellow men; but your oath obli- erty? gates you to deal impartially by him, and your The reasons of the adoption of the original inclinations, I have no doubt, sanction that oath; resolution for the rendition of fugitive slaves, and I leave him in your hands, therefore, with were shown and dilated upon by the Counsel, the utmost confidence, that upon neither of the and the history of the "peculiar institution" issues made, and especially upon all of them, briefly passed over. will you ever be able, under your oaths, to find In 1802 the people of Ohio deliberated upon a verdict of Guilty against him. taking upon themselves the Constitution with all its provisions and clauses, including this one - FIFTEENTIIH DAYo.-MORNING SESSION. which distinctly provides that fiugitive slaves shall be. rendered up to their owners, and hayCLEELAAND7 AIay 1071859-. illng deliberated upon it, applied for admission Court convened at 9 o'clock. Judge BLISS into the Union and were admitted, thereby commenced the closing argument for the Gov- binding themselves to support and abide by all eminent. the provisions of that Constitution. How, then, Whether the offence charged upon the de- can -they stand up to-day and repudiate and fendant, Charles Langston, was one against the impugn this same Constitution? moral ideas or simply against the civil statute, Passing then to the evidence, the Counsel it was immaterial in the consideration of this considered the testimony brought to bear against case, alnd if he was guilty of this offence, he as Langston for rescuing the slave John. The truly merited lpunishment as if it was wrong in prosecution had no possible malice against the itself, for this laxity in respect to the laws of defendant, and assuredly did not desire to have the land will lead to perilling if not subverting him wrongfully convicted, but if it was concluthe privileges and rights which the laws grant sively proved that he was guilty of the crime to every citizen. In cases like this, where the for which he was indicted, then the agents of crime is not prompted by feelings of momentary the Government asked for a punishment as a revenge, an offene is as truly committed as if warning to those who wilfully violate the laws such was the case. of the land. It was known by the defendant and his asso- Judge BLISS then discussed the nature of ciates that this negro was satisfied with his rela- the crowd which assembled at Wellington, tions with his master, for it was so said by the boy setting forth that Jennings, Mitchell, and himself. It was not, then, afeelingmof slmpathy Lowe, had gone to Oberlin for this slavefor John, that prompted Langston and his asso- had obtained possession of him by some little ciates to rescue him from the hands of the party finesse - had taken him to Wellington -that which was taking him back to the South. No, the Oberlin people pursued them, determined his purpose, fixed and determined, was to vio- to have him whether he had been taken with late and set at defiance one of the laws of the or without authority, and whether he was or land- a law which they were determined was not a slave. He then went on to show by should never be executed, and their end and the testimony that it was generally known in aim was to show that that law could be success- that crowd at Wellington that the boy was a fully opposed by force. This spirit which would slave, but that they " did not care for the law," tear down and annihilate the( Government of that they " made their own laws." these United States, and which would prostrate If Langston was ini that crowd that was dethe civil fabric of this country, was the spirit termined "to have him any how," without which actuated the defendant and his associates doing' some act or making some protestation on that day. The students who attend that against the evident design of the rest, then he Oberlin College are taught sedition and treason was guilty; and it has been shown that he was in connection with science and literature, and circulating in that crowjd and actively enoaged. they graduate from that institution to go forth He expressed himself at one time satisfied with and preach opposition and treason. The right the papers which Lowe and Jennings held. of a portion of our inhabitants to hold property [: With the scheme of the warrant which Meacham 166 HISTORY OF- THE, held, and which John Watson had caused to THE C T be made out for the arrest of the keepers of the slave, Langston was so connected by his ad- The United States;) vice to Meacham to serve it, as to make him v. one of the rescuing party, for the statute pro- Charles Langston hibits taking away a slave from the officers of the law. WILLSON, Judge. Recess taken until two o'clock. The defendant, Charles Langston, is indicted for rescuing a fugitive slave, alleged to be the AFITERPNUOO~N S~E~SSION. property of John G. Bacon, of Kentucky. His plea is not guilty, and it is upon the issue iacle Court convened at one o'clock. Judge by this plea that you are sw-oln to return a verBLISS continued his argument for the Govern- diet according to the evidence. ment, reviewing the course of Langston at There is, perhaps, no severer test to a juror's Wellington, where he pretended friendship. to integrity, or a greater demand upon his imiparLowe, but at the same time urged the execu- tial Judgment, than when called upon to act inr tion of the writ for his arrest. He claimed that a case where political partialities or prejudices from the very commencement the defendant are invoked to sway his coliduct. The very nahad had one steady aim to set the slave at ture of our Federal system is such, that all men liberty, and that he encouraged and svmpa- become more or less interested in the legislative thized with the rescuing crowd. He told Lowe policy of the Government. This has resulted that he could do nlothingf with the crowd, that in political organizations, in which, at different they were deterhmined to have the boy, and periods, the great masses of the people have afterwards made the proposition to let the boy been arrayed in parties, antagonistic to each *go peaceably. Lowe refused, when Langston other, and often characterized by strong prejusaid, "we will have him any way," and from dices and bitter animosities. Hence, confresthis moment he showed his true purpose and sional legislation often becomes distastefill to a design. portion of the people of the country. It is so Here reviewed the evidence of witnesses, at the South with reference to laws enacted to showing that Langston had said in answer to a suppress the slave-trade, and peculiarly so at remark that there was a large crowd, "Yes, the North, with reference to the fugitive slave they have turned out well." Yes, they had lav of 1850. Yet ours is a representative turned out well, for that old buzzard's nest of Government, where the people themselves coni Oberlin, where the negroes who arrive over the trol its legislation. It is indispensable to good underground railroad are regarded as dear order and to the well-being of' society, that acts children - that nest had been broken into, of Congress, placed upon the statute book, and one of the brood had escaped. And these should command obedience, and that partisan Oberlin men, who had been taught to set at feeling shouldl cease and prejudice be forgotten, defiance the laws of the United States, rushed in the observance of' the law. Courts and off to rescue the boy who had been taken; juries especially are bound to impartially adThat was an army that old General Satan him- minister and enforce the laws, and tliis sacred self might have selected from the chief spirits obligation is imposed with the most solemn sancof Hell to fight against the power of Earth and tions. Heaven. Langston said, after returning to It is the first duty of a juror, who is sworn Oberlin, " lye got the boy and brought him to determine the guilt or innocence of one home." Now, Gentlemen, has it not been charged with crime, to divest himself of any clearly and unquestionably showvn that the and all prejudices lie may have against the law defendant was actively engaged in the rescue? itself, or of any partiality or ill-will he may Leaving the question of the evidence, the have towards the accused.- It is enouhlo to counsel then spoke upon the legal questions know tllat the law alleged to be broken is the which give the right of process to owners or law of the land, and that tle accused is preagents to pursue and recover their fitgitive sumiel to be innocent until his guilt is proved. slaves, holding that the rescue was made from A jury that yields to any other influences than Jennings assiste(l by Lowe. But even if fiom those legitimately produced by the law and the Lowe, then the second count of the indictment testimony, is recreant to its trust, and unAwdrcharges that the rescue wvs made from Lowe. thy of occupying the seats of twelve honest The counsel closed with remarks upon the llen. interest which Charles Langston had in the This caution isgiven, Gentlemen, not because purpose of the rescue, being determined tlat it is feared that you will inteantionally swerve at all events and all hazards, John should be from a true and just' line of duty, but simriply rescued and should never be taken South, and that you miay guard and brace yourselves against leaving the case for the Jury to decide upon. any undue influences, while considering and The Court then gave the case to the Jury in weighing the evidence in the case. the following charge:- Wlhat, then, is the case you are sworn to try, and what are: the material facts necessary for OBERLIN-WELLINGTON RESCUE. 167 the Government to establish in order to work a of John G. Bacon, under the laws of the State conviction of the defendant? of Kentucky. The indictment is predicated upon the 6th That this negro escaped into Ohio and was and 7th sections of the Act of Congress, ap- a fugitive from Kentucky is not seriously quesproved Sept. 18, 1850. You have already be- tioned. come familiar with the provisions of this statute, But it is objected b)y the counsel for the deand a more minute reference to this law is un- fendant that there is a fatal variance in the proof necessary. from the allegation in the indictment; as to the This indictment contains two counts. The time of the escape, the allegation being that he second having been substantially abandoned by left his master on the first of March, 1857, and the prosecutor, it is only necessary to call >your the proof showing his departure from KIentucky attention to the first. to have been early in January, 1851. The first count charges that the negro in ques- This is not a descriptiv e averment, nor is the tion was a slave owing service to John GC. Ba- date an essential ingredient in the crime chargred con, in Kentucky. That said negro escaped to have been committed, to wit, the unlawful from Kentucky into the State of Ohio, and was rescue. If the precise day of a fact be a neca fuaitive from his owner, - that he was seized essary ingredient in the offence, t uunquestionaand held by Anderson Jennings and his assist- bly must be truly stated. But when the fact is ants in Ohio, by virtue of a power of attorney mere inducement to the offence, the time is imlawfully executed and acknowledg-ed by said material. S- Such is the case here. And hence Bacon, authorizing the capture of the fugitive; it is sufficient to prove the escape at any time and that the defendant actin witlh others at previous to the actual commission of-thie offence -WellinTton in this District, unlawfiully, know- charged ini the indictment. Zngly, and willingly rescued the slave from 1Ba- It is also oljected that: the power of attorney, con's agent and attorney. under which Jennings acted, was defective in its Yp1u will call to mind the evidence pertinent execution and acknowledgrment, and that it is to the first of these allegations. consequently void. -s it proved that the n1egro John owed ser- If the power of attorney, which has been provice to John G. Bacon in KIentuckly? duced in evidence, was lawfully cxecuted and -Tlhe existence of slavery in Kentucky as a acknowledged in Kentucky, where it was made, municipal regulation, is a question of law, which it is valid and eflfc-tual in Ohio to accomplish belongs solely for the consideration of the Court; the purpose for w-ihich it was (iiven. and fbr the purposes of this trial you will It is not essential to the validity of' a power regard slavery or involuntary servitude as of attorney in Kentucky that it shoull be sealed recognized and lawfully established in that by the party givino it, unlet it was executed State. fbr the purpose of autholizing the conveyxance,Whether the relation of master and slave ex- or incumbrance of' real estate, or of mixed isted between Bacon and the negro John, is a property. question of fact to be ascertained by the jury, 5We are also satisfied that tile acknowledg-.firom the testimony; anti this may be established ment was valid in law. It is sufficient that the by the Government according to the same rule acknowledgment appears to be taken before a o' evidence that obtains in other contests about leoal officer of the Mason County Court, certithe right in personal property. fied. to be -in due fobrm of law and authenticated The general rule of law is that the proof of by the seal of that Court.,The Clerk Cochran the actual possession of such property, acconi- was a legal officer of that Court. By virtue of panied with the claim of ownership, is sufficient'his office he was authorized to take this a.cto establish the priimd facie right of ownership. knowledgment, and as it was by virtue of the It is like any other question of status of the re- powers conferred on hlim by the MIason. County lation of one person to another, Twhich may be Court, that he was authorized to do the act, the shown by the facts and circumstances attending seal of that court was, by lce:)al implication, his that relation, - as for' instance that of husbandl seal to authenticate such oflci al act. It' is not and wife, parent and child, etc. It is not neces- competent to go behlind this authenticated act sary to trace the pedigree of this negro through of an officer of a court of record. The lana maternal ancestry of slaves, nor is it necessary guage of tile statute is, "acknoiwledg(ed and certo prove that he was held by deed or contract tified under the Sect of some leoal officer or of purchase, or that the ownership was acquired court." The objection that the signature of the by inheritance. clerk was made by his deputy is not deemed to If Bacon exercised that control over him be important. It is the seal of the Cozrt which -hich is ordinarily done in Kentucky by a mas- authenticates the act of ac:n aowledgl2.e.et; and ter over his slave, and if the negro had the usual hence the point is iot involved as to the authormarks of African descent, andl was held as a ity of the clerk to delegate to a deputy the slave and treated as such by his alleged master, power of doingc an oflicial act which devolves the proof of these facts, if' uncontradcicted, es- upon lhima personally.'tlis is the doctrine of tablishes the allegation in the inclictmen4, that the case of SImith v. U.S. 5 Petes, 302. the negro John was held to service as the slave You will, therefore, regard this power of 168 - ISTORY OF THE attorney, if executed by Bacon, as valid in I have been thus explicit upon tlhis point, law, and cffectual to accomplish the purpose because it is one that has been the subject of for which it was given. much discussion by counsel, and because it was This brings you, Gentlemen of the Jury, to proper that the instructions given to you upon the consideration of an important question of it should be the result of careful considerafact, namely, did Jennings hold the fuhitive, at tion. the time of the rescue, by virtue of the power Should you find from the testimony, that of attorney? Jennings held the fugitive by virtue of the When the agent acts under this law by power of attorney, and that the neg&ro was the power of attorney, the statute provides that he identical slave that escaped from Bacon, there "may pursue and reclaim the fugitive, either still remains the all-important inquiry in the by procuring a warrant from some one of the case, did the defendant unlawfully, knowingly, courts, judges, or commissioners (named in the and willingly rescue the fugitive fiom his lawfiul act), for the apprehension of such fugitive from captors? service or labor, or by seizing andi arresting The rescue could not be obnoxious to thle such fugitive, when the same can be clone provisions of' the statute, unless it implicated without process, and by taking or causing such the defendant as acting knowingly and willingly person to be taken forthwith before such court, in the matter. Thati is to say, it must appear judge," etc. in proof that he knew the negro was a fueitive The fugitive may be seized and held upon from labor, and was'lawfully held by those wrho the warrant, or by virtue of the power of at- had possession and control over him at the time torney. Both modes of capture and detention of the rescue, or that the defendant acted unhave but the single purpose of bringing the der such circumstances as to show that lie might fugitive before the Judge or commissioner. have had such knowledge by exercising ordiThe person making the arrest, has the same nary prudence. power andl authority;in the one case as in the It is claimed by the prosecutor that this knowlother. And yet the agent may, at the same edlge, on the part of the defendant, is estabtime, resort to both modes of capture and de- lished by the positive testimony of Jennings, tention. The agent may himself take the fugi- Lowe, and others, and that, upon this point, tive before the judge or coimmissioner, or he the proof permits of no doubtful inference or may cause him to be taken before such officer conjecture. by virtue of the warrant. The authority of It is asserted (and whether truly or not is for the agent holling the power of attorney is par- you to determine fiom the evidence) that Lowe, amount to that of the officer holding the war- as Deputy-Marshal, acting under the direction rant. The warrant, if obtained, is procured at of Jennings and in virtue of a Commissioner's the instance of the agent, and when used is warrant, seized and arrested the fugitive near merely auxiliary tothe authorityconferred upon the village of Oberlin; that he conveyed the the agent by virtue of the power of attorney. slave to Wellington and there surrendered the The Marshal, in executing the warrant, may principal control over him to the authorized act under the direction of the agent, and in the agent of the owner, and thereafter acted in sub-, matter of holding the fugitive when so arrested, ordination to, and as an assistant of, that asent; the agent has complete control over the whole that the defendant was fully informed by Lowe,;subject, and may unquestionably set the fugi- at two several interviews, of the relation which tive at liberty before the return of the writ. the negro bore to Bacon, and of the authority It is not the case of the execution of process, by which he was captured and held. emanating from different and conflicting juris- But the defendant contends that, notwithdictions. In such a case, the officer first mnak- standing the proof may show his knowledge of ing the seizure has, by virtue of his process, the servitude due fiom the negro to Bacon, his exclusive control and possession of the thing master, and of the authority by which be was seized. Under this statute, it is clear that the held, that yet, it fails to establish the defendwarrant is auxiliary to the power of attorney. ant's guilt as a participator in the rescue charged f, then, the proof shows that at the time of' in the indictment. And it is further insisted, the rescue at Wellington, Jennings and Lowe in view of all the evidence in the case, that, on lhad a joint control over the fuoitive, the former acquiring the knowledge that the negro was a in'virtue of a good and.sufficient power of slave and lawfully held, the defendant not only attorney for his reclamation, and the latter abstained from the commission of any unlawful assisting him as the agent of the owner of the act himself, but was, in fact, really active and slave, by means of a warrant or otherwise, such sincere in persuading others to a peaceful course proof sustains the allegation in the indictment, of conduct, and to a faithful observance of the that said negro was in the custody and under law. the control of Anderson Jennings, as agent In regard to the legal implication of the deand attorney of John G. Bacon, together with fendant's guilt and his complicity in the rescue one Jacob K. Lowe, then and there lawfully of the fugitive charged in the indictment, the assisting him in the custody and control of the instructions of the Court, given on a former said negro slave called John. occasion, may properly be repeated here, as OBERLIN-WELLINGTON RESCUE. 169 they enunciate the principle of law which is ture, is claimed as conclusive of the defendant's deemed to be applicable to this branch of the complicity in the rescue. case. In a free State like Ohio, every luman tf the peloans who constituted the assemblage being in it, whether white or black, is presumed at TWellington on the 13th of.S'eptembel, 1858, had to be free until a diflerent status is shown. comne together for the pzzurose, or when there were And hence when one is restrained of his freeenygaged in rescuizng a fugitive slave from those dom by another, a resort to the ordinary forms authorizeed to capture and hold lhin, uncler the of proceeding under the State- laws, to inquire lacws of 1850, they were enZqaged inl an rm nmlatful into the cause of such restraint or imprisonmene act, and whatever waos sail ancd doe by one in implies no wrong. But when a filitive from thle prosecutlion of the enterprise, were, to all in- labor is captured and held in any of the modes tenls andl purposes, the declarations and acts qf and under the authority designated by the Act all. But to charge one, against whom there is of Congress of 1850, any interference by the no specific proof, of things done by him, with State authorities has no justification, nor can what was done and said by others in the prose- those be justified who invoke their interfbrence, cution of the unlawful enterprise, conlcert of when they know the fugitire is thus held. action, between him and those others, for the If Jennings seized and held the fugitive by unlawful purpose, must be shown. And for this virtue of a good and sufficient power of attorpurpose it was competent for the prosecutor ney executed fbr that purpose and was lawfully to give in evidence the defendant's declarations assisted by Lowe, the Justice of the Peace at to others, encouraging the rescue befiore it was WVellington, who issued a State warirant against accomplished, and of his statements in the them for kidnapping such fuo'itive, was acting meetinlg at Oberlin, immediately upon his re- in a matter over which he had no juridiction. turn after the rescue. VWhat was sail by oth- And if the defcndant wvas informed and hacd ers that were engaged in the unlawful act, after knowledge of t1lis condition of thi.,ngs, and afterthe assemblage at Wellington had broken up wards urged the execution of the warrant for and dispersed, is not evidence against the de- the purpose of liberating the fuoitive, his confendant. Accordingly what Shephard and oth- duct in this particular implicated him as MLuch ers said at the meetifng at Oberlin on the even- in the common desion of the mob, as if he had ing of the 13th of September, is excluded from given his aid to the rescue by phllysical force. your consideration, on the ground that it is in- What,the defendant said anld what he did, in competent testimony. relation to the rescue, has been detailed in tle The inquiry, then, becomes important, Was testimony of various witnesses, and this testithere concert of action between the defendant mony has been so minutely brought to'your and those actually engaged in the rescue of the attention by the counsel on both sidles, as to refugitive? If there was, the defendant is guilty, quire no further recapitulation. and as much so as if he had rendered manual I have throurghout regarded it as an acklnowlservice in the act. edgced fact (and so conceded by the defendant's The rule of law is, that every one who enters counsel) that an unlawvful rescue of tlie negro into a common purpose or design, is deemed a was made. For, in legal contemplation, it party to every act which had before been done matters not whether he was released from cap-. by the others, without regard to the time in ture by the manual force of the imob, or which he entered into the combination, and, whether that release was effected by threats also, a party to every act which may afterwards and demonstrations of xiolence. It v ould be be done, by any of the others, in furtherance of aln unlawful rescue as much in the one case as such common design. This concert of action, in the other. on the part of the defendant with the rescuers, With these rules of law for your government, if it existed at all, is to be determined by his Gentlemen, the case is now committed to your declarations and conduct. If he advised and I hands. Treat it as you would any other case urged others into the commission of the unlaw- involving the question of the guilt or innocence ful act, he made their conduct his own in effect- i of a man charged with a criminal violation of ing the rescue. He thereby acted in concert the law. All matters of fact in this controversy with them in the common design, to wit, the are exclusively for your consideration. And if rescue of the slave. from a careful and impartial review of the It is contended by the counsel for the Gov- proofs, you come to the conclusion, beyond a ernment, that the defendant, by his words and reasonable doubt, that the defendant is guilty conduct, evinced a determined (though cau- of the offence charged, you will say so by your tious) purpose of effecting the escape of the verdict. But if the proof fails to produce that fugitive in violation of law. That his preten- conviction upon your minds, you will return a sions for suggesting a resort to the forms of law, verdict of acquittal. was but another more subtle and effiectual mo(le The Jury after being out out about half an hour of accomplishing the rescue; and his urging the returned to their seats and rendered a verdict constable to serve thle State warrant against of Jennings and his assistants for kidnapping the "GUILTY l" negro, after being informed of his lawful cap22 170 HISTORY OF THE C I-IAP T E R FO U RT. CLE~VELAND,'W~EDNESDA Y, May 11, 1859. shal to enforce the, confinement in some other Court convened at 9 o'clock. The fact that county jail within this District. sentence was to be passed upon Bushnell, and " Mlr. Marshal, you will take the prisoner into robably Langston, caused the court room to custody." be densely crowded with eager listeners and This sentence was received with quietness by watchergs of the proceelinns. A large propor- the prisoner and his friends. tion of the' audience was composed of' ladies. The COURIT then asked for any farther meJudge SPALDING announced tlat he had a tion. motion to make before the Court, that the next Mr. RIDDLE. moved to proceed with the case case of those indicted, that of John Watson, of John Watson. be immediately taken up and proceeded with. The CouRT inquired if the District-Attorney This matter was, however, deferred until after was ready in that case. No, he replied, he sentence should have been passed upon Bush- was not ready. He bad learned that the Sheriff nell. of Lorain County had that morning arrested Mr. Bushnell, who, with his wife and child, Jenningrs, Lowe, and Mitchell, on a charge of occupied seats near the bench, was told to kcidnapping, and that they were now in the cusstand up. The CouRT asked the prisoner if he tody of that officer. He believed, and could had any ithing to say why sentence should not say he knew, that all this machinery of arrestbe priorounced. iMr. Bushnell intimated that ing these men and confining them on that he had not. The CouRT then asked if he had charge, thereby delaying and hindering the any regrets to express for the offence of which business of the Court, was the work of the dehe stood convicted. Receiving another nega- fendclants who thus endeavored to put a stop to tive, it proceeded to pronounce sentence from farther proceedings against the indicted. He ilanluscrt)pt, as follows s: had also taken notice that a writ of hoC]becs cor"It is at all times a disagreeable and pailnful uzts in the case of Bushnell woul(l be applied duty for the Court to pronounce the sentence oir, which would perhaps interrupt the proceedand impose the penalty which the law demands ings of the Court. for its violation. The discharge of this duty is I-Ie also stated that he had been appointed peculiarly painful in dealing with the class of by the Government to defend these witinesses offenders to which you belong, who deem it a in the Lorain County Court in his official eapraiseworthy virtue to violate the law, and pacity. Under these circumstances it would then seek its penalties with exultation and defi- be impossible for hin to proceed at present ance. with the case of Watson. " A man of your intelligence must know, that Judge SPALDING replied that the Districtthe enjoyment of a rational liberty ceases the Attorney knew, as well as the Court and every moment the laws are allowed to be broken with lawyer at the bar, that if the Court neededc impunity, and thereby fail to afford any protec- these witnesses, a writ of hzabeas corpus ad testion to society, -that if the standard of right tificantldul would bring them at any moment is placed above and against the laws of the from any jail in the State, and keep them at land, those who act up to it are any thing else the convenience of the Court. The plea that than good citizens or good Christians. You they were carried off was a mere sham, as anymust know that when a man acts upon any sys- body could see. tern of morals or theology which teaches him The next case upon the list, John Watson, to disregard and violate the laws of' the Gov- had a right to an immediate trial, and the con-eminment that protects him in life and property, venience of no District-Attorney in the land his conduct is as criminal as his examlple is dan- was to be consulted. If the prosecution wanted gerous. the case postponed he asked that the motion be "The good order and well-being of society submitted in writing and sworn to. demand an exemplary penalty in your case. JudcleBELDEN remarked that hisofficial charYou have broken the law, - you express no re- acter would give power enough to the bare mogret for the act done, but are exultant in the tion to postpone. wrong. It is therefore the sentence of the Judge S. " Your official character canl add Court, that you pay a fine of six hundred dol- nothing to the statement." lars, and be imprisoned in the county jail of "Nor your blackguardism." Cuyahoga County for sixty days from date, and " And your private character still less." pay the costs of this prosecution. It is made the The District-Attorney then moved to the duty of the marshal to see this sentence exe- Court that the bail of the prisoners be reduced cuted; and in case any casualty should inter- to $500. Considering that this has been the fere with the security of your confinement in amount of secured bail which has been required the jail named, it is made the duty of the mar- fi-om the first, the magnanimity of the offer can OBERLIN-WELLINGTO N RESCUE. 171 be properly appreciated. He also stated that second day thereof; and the facts on which such he had been told that Mr. Plumb on Tuesday nmotions are founded, shall be verified by oath, night abused the Sheriff of Lorain county for or statement of counsel, unless they appear of not having before executed his writ. This record; and such motions shall be submitted llr. Plumb denied in toto, AMarshal Johnson also without argument. showing that it was not true. "RULE 51. On such -motion, the affidavit A recess was at length taken until 2 o'clock or official statement will be taken as true; and for the preparing of affidavits on both sides. no contradictory, supplemental, or amended affidavit or statement will be permitted." AFTEROON SESSION.. It consented to receive, however, an indeCourt convened at 2 o'clock. pendent motion from the counsel for the defence, In accordance with notice given in the morn- which -was presented by Judge TILDE N, and ing, Judge BELDEN presented to the Court a reads as follows: motion for continuing the rest of the cases dof those indicted, the motion being in substance as United States of America, s U. States I)is. follows:- Northern District of Ohio, ss. ) trict Court.'Grounds for Continuance.- lst. That An- United States, N o. 72. derson Jennings, Jacobh K. Lowe, Richard P. v. - Indict. for Rescue, etc. ]Mitchell, and Samuel Davis, necessary witnesses, John WVatson. S had this morning been arrestdec by the Sheriff The defendant, John Watson, moves the of Lorain county by a'Warrant issued on an Court that he may be put on his trial to the indictment for "kidnapping" in Lorain county Jury, on the plea of " not guilty," without furCourt of Common Pleas, and had been- or ther delay.:: would be, during the day, taken away, so that In support of said motion the said John Wattheir testimony could not be had. son upOn his oath says - 2d. That the next term ofthe Lorain count-y 1st. That he was arraigned before this triCourt of' Common Pleas would: commence on bunal on the 8th of December, A. D. 1858, and Tuesday next, and that the District-Attorney plead " not guilty," to said indictment, and dehad been appointed by the Government for their manded an:immediate trial. At the instance of defence. the U. S. District-Attorney the trial was at that 3d. That the offence charged against these time postponed, and this defendant entered into men was based solely upon the facts that these a recogrnizance in the sunm of one thousand doldefendants were engaged in seizing and arrest- lars for his appearance in this Court on the 2nd ing, by virtue of the laws of the United States, Tuesday in iMarch, 1859. Before that day arthe very fugitive from service, mentioned in rived, however, at the instance of the U. S. the indictment for rescue; and that the indict- District-Attorney, and fbr his special accommoments for kidnapping: were found, on testimony dation, a further postponement of the trial of of some of the rescuersj or on testihnony pro- defendant was had, by consent of cefendant's cured by them. Counsel, until the 5th cday of April, 1859, when 4th. That Lowe was arrested on his Way defendant duly appeared in Court, and therehere and compelled to enter into recognizance after regularly appeared from day to day until with surety for his appearance in the Lorain the 15th day of April, 1859, when, on motion county Court, on Tuesday next, which recog- of the U. S. District-Attor'ney, he was ordered nizance would be forfeited unless he appeared, into the custody of the U. S. Marshal for said apid if he a:ppeared, he mlight be detainel two Northern District of Ohio, and was on the same or three weeks. day last menti6ned, by him committed to close 5th. Cochran and Bacon were absent with- confinement in the county Jail of the county out the consent of the District-Attorney, and of Cuyahoga, in the State of Ohio, where he their testimony was indispensable. has ever since been, and is now, restrained of 6th. That writs of habeas corpus would be his liberty, and awaiting his trial, upon no other applied for in the Bushnell and Langston cases, charge than that contained in said indictment which would require the immediate attention of' of rescuing: a fugitive from service. the District-Attolney. 2d. This affiant says it is not true that, an7th. That no trial could be hadl in any of theI terior to the time when he was placed in close remaining cases, in all probability, without a confinement in the jail of Cuyahoga county as most unreasonable, delay, which would be aforesaid, he had ever contemplated a blreach of caused by the action of the defendants, or their his recognizance, voluntarily entered into as:confederates, or by advice of their counsel. aforesaid, and it is not true that he, at any time, The Court read the 50th and 51st Rules, and surrendered himself in discharge of' his said retulder them adjudged itself bound to allow the cognizance; nor yet is it true that his counsel motion of the District-Attorney. The Rules proposed to suriencler him in dischargre of his are the saime as obtain in the State Courts. recog'nizance; on the contrary, this afliant says "RULE 50. MIotions for continuance for rea- that he should, undoubtedly, at this moment be sons known to the party at the commencemenlt at large upon his' said recognizance, if lie had of the term, shall be filed: on or beforie the I not been ordered into custody as aforesaid on 172 HISTORY OF THE the 15th clay of April aforesaid, upon the motion or'probable guilt tbrounh the medium of the of' tle U. S. )istrict-Attorney as atblesaid. trial just closed. They are at present in the cus3d. This afiiant ffurther says, that the journal tody of the jailer under an: order of this- Court entry of this Court, made on the 15th clay of I think your Honor miust be satisfied; that that April, aforesaid, so fa:r as the same purports to order was made and'embodied in the Journal show that this defendant, in connection with under a misapprehension of the facts. other individuals resting.under similar charge, They are simply these.: These parties were surrendered himself in discharge of his recog- in attendance upon this Court regularly and nizance, was made under a mistaken conception constantly, in obedience to the order of the of the facts as they transpired, and, so long as Court, bound by their own recognizances in the said journal entry is permitted to stand in force, sum of one thousand dollars each; and were in this defendant will be unable, consistentry with faithful observance of all the conditions of those the preservation of his own self-iespect, to renew recognizances. iNow I need not stop here to his individual recognizance, or to give bail for discuss the rights of these defendants on the his appearance at a subsequent term of this one side, andl the rights of. the government upon Court. He must, therefore, continue to lie in the other. Ordinarily a recognizance is ample jail unless he can have the benefit of a speedy protection against custody or asrrest, so long as trial. its conditions are not;infracted. But I do not' 4th. This afilant says further,:that in addition say.- no lawyer will attempt to sustain - Qmat to the injury lilkely to be sustained by defend- when persons at large upon their recognizances ant in his bodily health, by a long-continued are here at the bar of the Court in its presence imprisonment in warm weather, he has reason on actual trial, it is not competent for the Court to believe that a farther postponement of his to order themi into custody, when it becomes trial will lose him the benefit of avery material absolutely necessary to retain their persons bewitness in the person of William D. SCrimgeour, yond the possibility of escape. Btt I do underwho is fast wasting away by means of a coI1- take to say: here, in- deference to the decision of sumption, and is by his friends expected to live the Court and to the profound learning of the but a short time. Said WV. D. Serhineour re- gentleman who appears in behalf of' the Govsides at Oberlin, in the county of Lorain, and ernment, that never b.jfore, anywohlere was a mocan be brought into Court, as this affiant is ad- tion ever made to order a man into custody who vised, during any day of the present or' the was on bail, and constantly in the most submisnext coming week. He has hitherto, since the sive obedience to every condition of his bond; commencement of this class: of trials,j been too and to every order of the Court: or such an unwell to be brought so far from his:home. order given, unless it was in such exigencies of J. WVATSON. trial as have been referred to. I know -we State of Ohlio, Cuyahoga Coinmty, ss. all know that it is customary to order, on good Sworn to before me by' the said John aWat- cause shown, an increase of the amount, or the son, and subscribed by him in my presence, the sureties of bail, even when there has been no 11 th day of Iay, 1859.' infraction of that already given. But certainly; JOSPErI S. GPRANNIS,,Vwith respect to'actual arrest, they have this Notary Public for said County. Igiht, that while they are in the full discharge SIpalding, Tiden, and lliddle, Att'ys for De- ofh the condition of their recognizances, they fenclclnt. - - have a right to expect that the Government will respect, and that every one else will, respect, The counsel upon both sides endeavored to their rights under it, and if'that bail is insuffimake some remarlks upon these two. motions, cient, an order for its increase can be made, but but the Court remarked that no explanation or an arrest nevei. comment was necessary, as' the first ni motion, Now it is said on the part of the Governmnent filed by the District-Attorney was sufficient, that these parties surrendered their recognizancld would, for the reasons set forth, be granted. ances, and hence were taken into custody. I The Court announced that the remainder of wvish'to avoid any question of veracity, comparthe cases, John Watson's included, would be ative or unqualified. continued. But that these parties did sot either intend to Mr. 1ITDDL~E then arose and remarked:- surrender their recognizances, or as a matter of Mr. BRIDDLE. With the indulgence of the fact did not surrender them, whatever may have Court I will call its attention to a matter to' been the understanding of the Government which I have already incidentally referred, and officials in the hurry andc perhaps the'excitethat is in refirence to the circumstances under ment of the occasion, I take it, your Honor, which these defendants are in the custody of the must be true.' And what'followed? Whhy, Jailer.' after they were taken ilito custody, that was Now, it makes no matter who these parties followed by an order of the Court to reinit these are, no sort of difference what the offence with parties back on their own personal recognizwhich they stand charged,'nor where they re- ances to te-e very position which they occuptied beside - of course - nor how much or how little fbre; which would seem to imply that in the may be known to your Honor of their possible judicial mind, after ordering: them into custody OBERLIN-WELLINGTON RESCUE. 173 the question had been raised whether after all refined and sensitive tastes, nor have they there was any good reason for such an order, any morbid relish for self-inflicted martyrdom. and it had been decided negatively:-for if But they do value their self-respect; they do there were such a reason it must have been a dis- prize the dignity of manhood, and they call covery of some infraction of the conditions of' upon your Honor as a man, as well as a Court, the bond, or an insufficiency in the amount or to judicially correct a judicial misapprehension in its sureties. Anid in deciding that these par- which has subjected them to this gross injustice, ties be remitted to their former standing, it and not require them to regain their freedom would seem' that the Court becamle satisfied'that at the price of their manhood. Am I askingr there neither was an infraction of the conditions too much then when I ask, as I now do, that of the recognizance, nor a deficiency in'the the Court will direct a correction of the Journal, amount of the sureties. And now, your Honor, so that it will appear that as these parties were these defendants, knowing perfectly well the placed in custody by a mistake, that miscircumstances under which they were ordered!take is corrected, and they can go forth honorinto custody; I say knowing pe.ifectll well, and ably. It seems to me that I am not asking too be~yondl the possibility of a snis!ctace, all the cir- much. It seellms to me that the Court will not cumstances under which they were ordered into hesitate to grant such a request. That it w^ill custody, - that it was done without any show gladly direct such a correction of the Journal, of cause or pretext, - they cannot with self- to be made, that it may no longer prevent the respect comply with that order of the Court truth and work gross injustice. This is not discharging them on their own recognizances;'asking any action on the part of the Court that for that is a conclusive admission that they were will:reflect upon the veracity or dignity of aly in the wron0g- an admission they cannot make, officer of the Court, and least of' all upon the and it is an outrage to attempt thus to force Court itself. It is asking silmply the correcthem. to make it. tion of a judicial misapprehension by judicial A question ihow arises upon- the propriety direction. It is aslking on behalf of these of their course; and I do not now refer to any defendants what the Court will always grant to outside discussions; vwe have nothing to do every one' else, that if a misapprehension has with opinions or occurrences outside the Court inadvertently crept into the record, it may be Room- I refer' to this question and its bear- set riolht to their advantage, and to the advanings upon the position these parties occupy tage of truth and justice, objects that Courts before this Court.- And llow we askl, will y)our have generally pretended to have in view. Honor, while always remembering, as we Judce BELDEN replied. always will, that you are a Court, also re- I wish to say a very few words with refermem}ber that you are a sac! That this pre- ence to the extraordinary request the gentlesulmption of the law, that. these parties must be man has just preferred. presumed to be innocent until they are proven b.He professes to have aslked nothing that to be guilty, is not a mere idle worthless would, if granted, compromise the dignity of formula? the Court, and yet in the same breath we have, What can these parties do'? Thiey are per- the declaration that his clients stand and have fectly unconscious of having at any time en- stood for three weeks upon the merest technitertained any intention to infract the conditions cality, upon which they are at issue with the of their recognizances or the orders of' the Courtn. Whby, where else do >our clients stand? Court, and no less perfectly unconscious of W here else have they stood ever since they having ever voluntarily surrendered their re- have been in prison? if what )you say is said cognizances. Much more than that — they sincerely. Now here are two or thlree thing's IxNow that, they never did so surrender them; about whl-lh:my friend on the other side will and they IcNow that they did ask to have them not differ with me. And I refer now to the cancelled after they had been taken into cus- circumstances preceding the commitment of tody. Nowv, is it, not plain, looking at this these individuals. He knows, I know, 3your matter'fairly, that these parties cannot come Honor knows, and he admits now, that when forward into Court, and enter into recoonizance the motion was made to changie the relative poagain without tacitly conceding, not only to the sition of these parties to this Court, it was the compromising of their own self-respect; but in very motion -which he says here would be apthe:face of the universal world, that they were propriate, and that was, that isildividuals, who, wrongl, when they knolo as this Court: must -by unparalleled leniency on the part of yfour now know that they are rig/it; I now speak Honor, had been permittedcto go at large upon of course: with reference to the manner in their own personal recognizances for so many'which they came'into custody. And now cer- months after they were indicted for crime, that tainly your Honor cannot fail to see the pre- these individuals, thus lonIg and largely priviiese position in which they -are placed, ahd leged, when a "staoe in the trial" had been Wholly through the misuniderstanding of the reached, by the conviction of one of their numofficers of the Court. They most assuredly ber, after a full and iimlpartial hearing of testihave never coveted imprisonment. There is mony and argument, in which it became my nothing in such a mode of life to gratify their duty to'look more particularly after the cer 174 HISTORY OF THE tainty of their presencec; -and when they had,own motion into the custody of the Mlarshal, already surrendered themselves into custody by and then notified the Court that they them- surrendering their recognizances, that I made selves would back out, your Honor, that: they'cl the motion that the security be raised from re- have nothing farther to do with the defence of cognizances to bail with sureties. And this is these men. And when this excitement had the very motion which the, gentleman has just passed away'and the Court was about adjournadmitted to be a proper one. ing, I did think that in the discharge of my But the gentleman was not satisfied with this, duty as counsel for the Government, it might but wished to go two or three steps in the rear. be proper for me to make' a motion, that by I-le states that upon my application the cases giving some reasonable security they might be were delayed - released from custody again. Again, your [Mlr. RIDDLE corrected the gentleman; the IHonor overruled me, and said they could go statements of which this last was the first were out as before upon their personal recognizmade in the afidavit just read by Judge Til- ances. And again, I submitted without comden.] plaint. that the cases were delayed till the 7th But I do say that when these gentlemen, of March. I say this was not so.. Not, to iin- beseeching a f'avor, stand here and put the pugn him.; I charge nothing beyond a mistake. question of grace. upon the ground that your I wished to take up the cases as soon as ten or Honor is wrong, that the Clerk is wrong, and twelve (lays from the time of their appearance. that I am alwhays wrong and they're always The Grand Jury had adjourned some two right, that they do not exactly occupy the supweeks before the bills were properly returned, pliant and respectful attitude which they claim without my heing three minutes in the Grand to your Honor that they do. And I do think Jury Room while the testimony was being given that it is my duty and my right to object, to before them, and I could not keep the witnesses protest, and to claim that these men now occupy here at the expense of the Government. I a position where they ought to be required to was willing and anxious to take up the cases so give security, and I think the amount I stated soon as I could send for. witnesses, which would was a reasonable amount. I have no disposinot be longer than ten or twelve days,; it tion to ask your Honor to demand of them unwould have been much more convenient for me reasonable bail; but I do feel it my imperious to have gone on then, but' the learned counsel duty to ask and to demand that these persons who then appeared for the defence, suggested occupy the position of other persons indicted the 8th of Alarch, to which the Court acceded. for crime, and a portion of them already conThe postponement from the 8th of March to victecl upon fair and impartial trial. And I the 5th of April was made by my request, and do this in no bad spirit. Much as I have been greatly to my own accommodation, for which abused and charged with all manner of unkindiness and indulgence on the part of the worthy motives, I have not taken any one step counsel for the defence I desire to express my which I thought in my own mind would even sincere thanks. look'like unkindness, severity, or unfairness; But now to the other matter. When Bush- and if any word or look or tone or manner nell was conlicte.d it became my duty, in be- of mine has conveyed to any of you a different half of the United States, which I represent, impression, I beg that I mav be excused here, to put hinl in custody. And wlen the verdict by these Gentlemen, and by your hionor. of the jury was brought in there was a good Now I do hope that these gentlemen will not, deal of confusion, and here our difference of here, without a'motion, ask your Honorthat understanding occurred. The confusion arose these defendants may go upon their own recogout of t-le question whether the jury could sit nizances. And whether the record be true or on the second case. I simply objected to the false, no harm is done by it to the defendants. challengce of the array. I never intimated but Mr. RIDDLE. I do not wish to press my that the jury could be clhallenged for cause. I motion, -our Honor, -but I wish to set myself believed they would nearly all excuse them- right on a point raised by the gentleman. selres. IYour Honor overruled me. I thought The COURT. MIr.: Riddle, there is no motion I was rigoht and think so still, but submitted to before the Court, and further remarks are quite the ruling without a complaint or a murmur. unnecessary. In the midst of this' confusion and excitement Mr. RIDDLE. lM~ay I not correct the error the learned counsel' for these defendants had of the gentleman, by which I am placed in a their clients called and surrendered into cus- false position? tody. - The CounT. I There is no motion before the MIr. RIDDLE.. — That's false, utterly false. Court, Mlr. PRiddle; further remarks are unneJudge SPALDING. - That's a lie. cessary. Judge BELDEN. Well, Gentlemen, I can- Mr. RIDDLE. I understand your Honor, not believe you mean to seriously insult me; then, to deny me the privilege of makiing an but if you do, I have only to retort upon you. explanation. I say it is true as I have stated it. They had The COURT. Further remarks are quite untheir clients called and surrendered of-their necessary, sir. OBERLIN-WELLINGTON RESCUE. 175 So far as regards the correction of the Jour- my life before a court of Justice, charged with nal entry, I certainly would not allow it to the violation of law, and am now about to be stand for a moment, if I did not believe it to sentenced. But before receiving that sentence be correct; and until I aim satisfied that it is I propose to say one or two words in regard to not correct, I certainly shall direct no amnend- the mitigation of that sentence, if it may be so ment of it. Aly own recollection accords with construed. I cannot, of course, and do not exit, and differs from that of the counsel. There pect that any thing which I may say will in has been no disposition on the part of the Court any way change your predetermined line of to oppress or give pain to these defendants. action. I ask no such favor at your hands. Nothing could be further from our wishes, or I know that the courts of this country, that more repugnant to our feelings; and until some the -laws of this country, that the governmental of them were convicted, we were willing they machinery of this country, are so constituted as should go at large on their own recognizances, to oppress and outrage colored men,.men of my and if there is any misapprehension upon either complexion. I cannot, then, of course, expect, side, it is a mere matter of punctilio to adhere judging from the past history of the country, to it. any mercy from the laws, from the constitution, Mr. RIDDLE. There is another matter that or from the courts of the country. I wish to speak of, your Honor. It was inti- Some days prior to the 13th of September, mated to your Honor this morning, that the 1858, happening to be in Oberlin on a visit, I counsel for the defence might be disposed, after found the country round about there, and the some consultation, to make a motion in the case village itself, filled with alarming rumors as to of Langston. I have to say to your Honor the fact that slave-catchers, kidnappers, negrothat no motion will be made; Mr. Langston is stealers, were lying hidden and skulking about, prepared to receive his sentence at the earliest waiting some opportunity to get their bloody convenience of the Court. hands on some helpless creature to drag him.-Judge SPALDING. Until when will the other back - or for the first time - into helpless and cases be continued, your IHonor? -.-. life-long bondage. These reports becoming curb. The COUIT. Until the July term, sir. The rent all over that neighborhood, old men, and Court has now been in session some two months, women and innocent children became exceedand I apprehend that the defendants will not ingly alarmed for their safety. It was not unbe particularly incommoded by so brief a delay. common to hear mothers say that they dare not.-Mr. RIDDLE. I shall take the liberty of send their children to school, for fear they saying, your Honor, if permitted to say nothing would be caught up and carried off by the way. else, that'the counsel for these defendants do Some of these people had become free by long not yet stand before this, Court in the attitude and patient toil at night, after working the of becggars! long, lonrl day for cruel masters, and thus at Judge BELDEN and the COURT Mat once. length getting money enough to buy their libBy no means; certainly not, sir. erty. Others had become free by means of iMr. RIDDrLE. The District-Attorney took' the goodl-will of their masters. And there pains so to r epresent it.' were others who had become free - to their Judg5e BELDEN. Oh, no, sir; I meant no everlasting honor I say it -7 — by the exercise of such tliing. their own God-given powers; - by escaping Court adjourned t meet next morning at' 9 from the plantations of their masters, eluding o'clock. the blood-thirsty patrols and sentinels so thicklly CLEVELAND, My 12, 1859. scattered all along their patlh, outrunning bloodhounds and horses, swimming rivers and fording Court convened at 10 o'clock.':The usual swamps, and reaching at last, through incredible opening being passed and the crowded house difficulties, what they, in their delusion, supstilled, the Court asked:..- posed to be free soil.- These three classes were MIr. Mlarshal, is the defendant Bushnell in the in Oberlin, trembling alike for their safety, behouse? cause they well knew their fate should those lMr. RIDDLE. Ml;r. Bushnell has been sen- men-hunters get their hands on them. tenced, your Honor; perhaps your Honor refers In the -midst of such excitement, the 13th to TMr. Langston.' day of September was ushered in - a day ever The COURT. An exchange of names only; to be remembered in the history of that place, yes, sir, Mir. Langston was meant. AMr. Lang- and I'presume no less in the history of this ston, you will stand up, sir. - Court - on which those men, by lying devices, Mir. LANGSTON rose. decoyed into a place where they could get The COURT. You also have been tried, their hands on him- I will not say a slave, for Mr. Langston, by a jury, and convicted of a I do not know that - but a van, a brother, who violation of the criminal laws of the United had a right to his liberty under the laws of God, States, Have you or }your counsel any thing under the laws of Nature, and under the Declato say why the sentence of the law should not ration of American Independence. now be pronounced upon you? iMany of us had believed that there would Mr. LANGQSTON. I am for the first time in not be courage to make a seizure; but in the 176 HISTORY OF THE midst of all'this excitement, the news came to followed, I have nothing to say, farther than us like a flash of' lightning that an actual seiz- I have already said. The evidence is before nre by means of fraudulent pretences had you. It is alleged that I said, "we will have been made! him any how." This I NEVER said. I did say Being identified with that man, by color, by to Mr. Lowe, what I honestly believed to be the race, by manhood, by sympathies, such as God truth, that the crowd were very much excited, has implanted in us all, I felt.it my duty to go many of them averse to longer delay and bent and do what I could toward liberating him. I tipon a rescue at all hazards; and that he had been taught by my Revolutionary father- being an old acquaintance and friend of mine, and I say this with all due respect to him and I was anxious to extricate him from the danby his honored associates, that the fundamental gerous position he occupied, and therefore addoctrine of this government was that all men vised that he urge Jennings to give the boy up. have a right to life and liberty, and comlling Further than this I did not say, either to him from the Old Dominion, I brought into Ohio or to any one else. these sentiments, deeply impressed upon my Tlhe law under which I am arraigned is an heart. I went to Wellington, and hearing from unjust one, one made to crush the colored man, the parties themselves by what authority the and one that outrages every feeling of' Humanboy was held in custody, I conceived, from what ity, as well as every rule of Right. I have little knowledg-e I had of law, that they had no nothing to do with its constitutionality; and right to hold him. And him. And as your Honor has re- about it I care a great deal less. I have often peatedly laid down the law in this Court, that heard it said by learned and good men that it in the State of Ohio a man is presumed to be was unconstitutional; I remember the excitefree until he is proven to be legally restrained ment that prevailed throughout all the free of his liberty, I believed that upon that prin- States when it was passed; and I remember ciple of law those men were bound to take their how often it has been said by individuals, conprisoner before the very first magistrate they ventions, communities, and legislatures, that it found, and( there establish the facts set forth in never could be, never should be, and never their warrant, and that until they did this every was meant to be enforced. I had always beman had a right to presume that their claim lieved, until the contrary appeared in the was unfounded, and to institute such proceed- actual institution of proceedings, that the proings for the purpose of securing an investiga- visions of this odious statute would never be tion as he might find warranted by the laws of enforced within the bounds of this State. this State. Now, Sir, if that is not the plain, But I have another reason to offer why I common sense and correct view of the law, should not be sentenced, and one that I think then I have been misled both by your Honor, pertinent to the case. I have not had a trial and by the prevalent received opinion. before a jury of my peers. The common law " "It is said that they had a warrant. Why of England l-and you will excuse me for rethen should they not establish its validity be- ferring to that, since I am but a private citizen fore the proper officers? And I stand here to- and not a lawyer - was that every man should day, sir, to say, that, with an exception, of which be tried before a jury of men occupying the I shall soon speak, to procure such a lawful in- same position in the social scale with himself. vestigation of the aduthority funder which they That lords should be tried before a jury of.claimed to act, was the part I tookl in that lords; that peers of the realm should be tried day's proceed'ings, and the only part. I sup- before peers of the. realm; vassals before vasposed it to be mly duty as a citizen of Ohio - sals, and aliens befbre aliens, and they must not excuse mie for saying that, sir- as an outlaiw of come from the district where the crime was the ULiited tcttes [mlluch sensation], to do what committed, lest the pi'ejudices of either perI could to secure at least this form' of Justice sonal friends or foes should affect the accused. to my brother whose liberty was in peril.- The Constitution of the United States guaranWh2..atever more thanl that has been sworn to on tees — not merely to its citizens — but to all this trial, as an act of mine, is false, ridiculously persons a trial before an iqzpartial jury. I false. When I found these men refusing to go, have had no such trial..according to the law, as I apprehended it, and The colored man is oppressed by certain subject their claim to an official inspection, universal and deeply fixed prejudices. Those and that nothing short of a habeas corpus would jurors are well known to have shared largely oblige such can inspection, I was willing to go in these prejudices, and I therefore consider even thus far, supposing in that county a that they were neither impartial, nor were they sheriff might, perhaps, be found with nerve a jury of my peers. And the prejudices which enough to serve it. In this again I failed. white people have against colored men, prow.Nothing then was left to me, nothing to the out of this fact: that we have, as a people, boy in custody, but the confirmation of my first consented for two hundred years to be slaves of -belief that the pretended authority was worth- the whites. We have been scourged, crushed, less, and the employment of those means of and cruelly oppressed, and have submitted to liberation which belong to us all. 5With regard it all tamely, meekly, peaceably; I mean as a'to the part I took in the forcible rescue, which people, and with rare individual exceptions; OBERLIN-WELLINGTON RESCUE. 177 and to-day you see us thus, meekly submitting myself, and that by the decision of your Honor, to the penalties of' an infamous la-w. N0w the if any man whatever were to claim me as his Americans have this feeling, and it is an hon- slave and seize me, and my brother, being a orable one, that they will respect those who lawyer, should seek to get out a writ of habeas will rebel at oppression, but despise those who corpus to expose the falsity of the claim, he tamely submit to outrage and wrong; and would be thrust into prison under one provision while our people as a people submit, they will of the Fugitive Slave Law, for interfering as a people be despised. Why, they will hardly with the man claiming to be in pursuit of a meet on terms of equality with us in a whiskey fuhgitive, and I, by the perjury of a solitary shop, in a car, at a table, or even at the altar wretch, would, by another of its provisions, be of God. So thorough and hearty a contempt helplessly doomed to life-long bondage, without have thev ibr those Who will meekly lie still the possibility of escape. under the heel of the oppressor. The jury Some persons may say that there is no dancame into the box with that feeling. They ger of free persons being seized and carried off knew they had that feeling, and so the Court as slaves.:No one need labor under such a deknows now, and knew then. The gentlemen lusion. Sir,four of the eight persons who were who prosecuted me have that feeling, the Court first carried back under the act of 1850, were itself has that feeling, and even the counsel afterwards proved to be free men. The prewho defended me have that feeling. tended owner declared that they were not his, I was tried by a jury who were prejudiced; after his agent had " satisfied the Comm7issioner" before a Court that was prejudiced; prosecuted that they -were, by-his oath. They were free by an oflicer who was prejudiced, and de- persons, but wholly at: the mercy of the oath of fended, though ably, by counsel that were pre- one man. And but last Sabbath afternoon a.udiced. And therefore it is, your Honor, that letter came to me from a gentleman in St. Louis, I urge by all that is good and great in man- informing me that a young lady, who was forhood, that I should not be subjected to the merly under my instruction at Columbus, a free pains and penalies of this oppressive law, person, is now lying in the jail at that place, wvhen I thave not been tried, either by a jury of claimed as the slave of some wretch who never my peers, or by a jury that were impartial. saw her before, and waiting for testimony from One more word, sir, and I have done. I relatives at Columbus to establish her freedom. went to Wellington, lknowing that colored men I could stand here by the hour and relate such have no rights in the United States which white instances. In the very nature of the case they men are bound to respect; that the courts had must be constantly occurring. A letter was not so decided; that Congress had so enacted; that long since found upon the person of a counthe lieople had so decreed. terfeiter when arrested, addressed to him by There is not a spot in this wide country, not some Southern gentleman, in which the writer even by the altars of God, nor in the shadow of says.the shafts that tell the imperishable fame and "Go among the niggers; find out their marks glory of the heroes of the Revolution; no, nor and scars, ma/ke good descriptions and send to in the old Philadelphia Hall, where any colored me, and I'll find mastersfo r'em." man may dare to ask a mercy of a white man. That is the way men are carried " back" to Let ince stand in that Hall, and tell a United slavery. States Marshal that my father was a Revolu- But in view of all the facts I say, that if tionery soldier; that he served under Lafay- ever again a man is seized near me, and is about ette, and ibuglit through the whole war; and to be carried Southward as a slave, before any that ihe always told me that he fought for sy legal investigation has been had, I shall hold it fireedom as much as for his own; and he wouldl to be my duty, as I held it that day, to secure sneer at me, and clutch me with his bloody for him, if possible, a legal inquiry into the charfingers, and say he had a?right to make me a acter of the claim by which he is held. And I slave! And when I appeal to Congress, they go farther; I say that if it is adjudged illegal to say he has a right to make me a slave;- when I procure even such an investigation, then we are appeal to the people, they say lie has a right to thrown back upon those last defences' of our make me a slave, and when I appeal to your rights, which, cannot be taken from us, and Honor, your Honor says he has a rioht to make which God gave us that we need not be slaves. me a slave, and if any man, white or black, I ask your Honor, while I say this, to place seeks an investigation of that claim, they make yourself in my situation, and you will say with themselves amenable to the pains and penalties me, that if' your bro'ther, if your friend, if your of the Fugitive Slave Act, for BLACK MEN wife, if your child, had been seized by men who HAVE NO RIGHTS WHICH WHITE MEN ARE claimed them as fugitives, and the law of the BOUND TO REsPECT. [Great applause.] I, land forbade you to ask any investigation, and going to Wellington with the full knowledge of precluded the possibility of any legal protecall this, knew that if that man was taken to tion or redress — then you will say with me, Columbus, he was hopelessly gone, no matter that you would not only demand the protection whether he had ever been in slavery before or of the law, but you would call in your neighnot. I knew that I was in the same situation bors and your friends, and would ask them to 23 178. HISTORY OF THE say with you, that these your friends could not penalty in your case should be comparatively be taken into slavery. light. It is, therefore, the sentence of the And now I thank you for this leniency, this Court, that you pay a fine of one hundred dob indulgence, in giving a man unjustly condemn- lars; that you be confined in the jail at Cuyaed, by a tribunal before which he is declared to hoga County,. under the direction of the Marhave no rights, the privilege of speaking in his shal, for a period of twenty days from date; own behalf. I know that it will do nothing toward and that you pay the costs of this prosecution: mitigating your sentence, but it is a privilege to and that in case any casualty br other occurbe allowed to speak, and I thank you for it. I rence should render your confinement there shall submit to the penalty, be it what it may. insecure, that the Marshal see the sentence exBut I stand up here to say, that if for dloing ecuted in any other-county jail within this Diswhat I did on that day at Wellington, I am to trict. go in jail six months, and pay a fine of a thou- Judge SHERLOCR J. ANDREWS then insand dollars, according to the Fugitive Slave formed the Court that Matthew De Wolfe, AbLaw, and such is the protection the laws of this ner Loveland, and Lorinf Wadsworth, citizens country affobrd me, I must take upon myself the of Wellington, indicted for participating in the responsibility of self-protection; and when I rescue case, wished him to enter a plea of nolle come to be claimed by some perjured wretch as coatendere, and "were ready to submit themselves his slave, I shall never be taken into slavery. to the judgment of the Court. And as in that trying hour I iwould have others Judge ANDREWS said, that he had been indo to me, as I would call upon my fiiends to formed by the defendants that they were not help me; as I would call upon you, your Honor, represented by Counsel, and he had been deto help me; as I would call upon you Eto the sired to bring their case to the attention of the District-Attorney], to help me; and upon you Court. He said they were among the oldest [to Judge Bliss], and upon you [to his counsel], citizens of Lorain county, and law-abiding so hellp me GOD! I stand here to say that I will men, enjoying in a high degree the respect and do all I can, for any man thus seized and held, confidence of their fellow-citizens, and that though the inevitable penalty of six months im- they were unwilling any' longer to occupy a prisonment and one thousand dollars fine for position in which' they were charged with a each offence hangs over me! We haye a com- wilful violation of the law. Their connection mon humanity. You would do so; your man- with this rescue was entirely incidental, and hood would require it; and no mlatter what the they had asselbled with other citizens to arrest laws might be, you would honor yourself for the progress of a fire which had broken out in doing it; your friends would honor you for do- their village, and had been hard at work in saving it; four children to all generations would ing property, and while thus engaged, were inhonor you for doing it; and every good and formed that one of their magistrates had issued honest man would say, you had done right! a warrant for- the apprehension of two men [Great and prolonged applause, in spite of the charged with an attempt to kidnap a citizen of efforts of the Court and the Marshal.] thne State. The feelings of'the people were The COURT. These manifestations cannot strongly roused before, and when this new elebe allowfed here. The Marshal has orders to ment was added to the other cause of exciteclear the room if they are repeated. Bment, the defendants admit that they yielded to You have done injustice to the Court, Mr. the impulse that moved others, and that they Langston,. in thinking that nothing you might did at first give encouragment to the officer in say could effect a mitigation of your sentence. his attempt to execute the process in his hands, You have presented considerations to which I but they say, and are abundantly able to show, shall attach much weight..that from the time they became satisfied that I am fully aware of' the evidence that was the negro was held. by lawful authority, they given to the jury; of' the circumstances that abstained from all participation in the proceedwere related; of your action in relation to the iIIgs. investigation of the cause of the detentiol of Mr. Andrews said that, whether under the the fugitive, and of your advice to others to rulings of the Court in relation to the responpursue a legal course; and although I amn not sibilities of men engaged in the execution of disposed to question the integrity of the jury, a common unlawful purpose, or in relation to still I see mitigating circumstances in the trans- the prudence and vigilance which should be exaction which should not require, -in my opinion, ercised in these cases, to ascertain the authority the extreme penalty of the law. This Court under which the fugitive is held, whether under does not make laws; that belongs to another these rulings (which he believed to be law) tribunal. We'sit here under the obligations of these men had undesignedly been guilty of a an oath to execute them, and whether they be technical violation of the statute, whether, in bad or whether they be good, it is not for us to the tumult and confusion of the hour, they were say. We appreciate fully your condition, and as careful in their inquiries, as guarded in their while it excites the cordial sympathies of our conversation and conduct as they ought to have better natures, still the law must be vindicated. been, he would not pretend to say; but this he On reflection, I am constrained to say that the would say, that they: never fibr a moment cher OBERLIN-WELLINGTON RESCUE. 179 ished a purpose to resist the law, that they nev- upon' having their protest recorded that they er did, in fact, knowingly and intentionally, are not guilty, as they stand charged in the inresist it; and that, if they were betrayed into dictment, they still instruct me to say that they conduct which amounted to a punishable of- will no longer contend with the Govei'nment fence, it was attributable solely to a misappre- in these prosecutions. hension, on their part, of what their rights and Judge Andrews concluded with saying, that. obligations were. They were desirous that their he thought the Court would concur with him in position should be perfectly understood; they the opinion that the course now pursued by the did not invoke sympathy because they had vio- defendants was one not unbecoming good citilated the law; the agitation connected' with zens, that it would go farther than any pains or these trials has brought to the surface a variety penalties to sustain the supremacy of law, and of opinions in relation to the course that should that as against such men, under such circumbe pursued when attempts are made to enforce stances, the public justice could be adequately this law. Good men among us differ in opinion vindicated by the infliction of the mildest punas to what the duty of a citizen is in such emer- ishment. gencies. Some counsel a disregard of the law The COURT inquired of the District-Attorney altogether. Some think that the unanimous de- if he had any remarks to make. cision of the Supreme Court of the United Judge BELDEN. Nothing, may it please the States, affirming its constitutionality, carries Court, but to add my voice to that of Judge with it no authority and imposes no obligation Andrews that a light punishment may be into obedience; and some, impelled by stronger flieted. sympathies, and to more intense hatred of the After Judge BeLDrN had concluded, the law, think that, when the owner of a slave Court proceeded to pass sentence upon them. comes into this State, and asserts his right un- In consideration of the facts stated, it sentenced der the Constitution and laws of the United them to pay a fine of $20 each, to pay the costs States to the person and services of a fugitive, of prosecution, and to be committed to jail for he should be resisted, even to the s7heddintgl of twenty-four hours. blood i!! Court then adjourned until Saturday morning. Now these defendants have no controversy with those who hold these opinions, but they The record of the Court is the same in these wish the Court to understand that they are the cases as in the cases of the four sentenced a few sentiments of a later school than that in which days previous on a similar plea, with the followthey were trained. They have no conception of a worse government than that would be, ing remarkable exception:which the Constitution and laws should set " And the District-Attorney stipulating that the aside, and every man should become a law unto record itn this cause shall not be used to his 1rehimself. They believe it is the duty of every judice in any civil action,." good citizen to submit to the laws of the land; The following editorial, cut from the Miorning that, when the constitutionality of a national law has been judicially determined by the'Su- Leader, conveys the sentiment which seemed to preme Court of the United States (the tribunal be general among the friends of the defendcreated for the very purpose of deciding such ants, at the time of' these sentences; and so questions), its decisions, while they stand, are to far as it ventures upon a rehearsal of facts, it is be followed by respect and obedience, and they believed to make only reliable statements. sympathize with no effort that can be made to bring the State Government in conflict with the National Government, or to cause to be depre- SUB-SAINTISM. HOW IT WAS DONE. cated or undervalued the Constitution of the Messrs. Loveland, IWadsworth, and DeWolfe, United States. TWith all its imperfections - the "old friends" of Judge Andrews, humiliwith all its compromises - even with the stain ated as they have been by their volunteer adof slavery upon it, they still esteem it a priv- vocate, deserved better treatment and a better ilege to live under such a Constitution, and be- fate. They are substantial men of Lorain, believe that, while the people of a State acknowl- long to the class of hardy pioneers who broke edge its authority and enjoy its benefits, they up the wilderness,, built the dwellings, schoolouglht, in good faith, to carry out even its ob- houses, and churches of'the county, and have noxious provisions. These gentlemen are ut- ever sustained irreproachable characters as good terly opposed to slavery and to the provisions men and good citizens. No fugitive from slavery of the Fugitive Slave Law; but they think that ever went unfed from their hospitable homes, bad laws, under our system of government, can and their hatred for the Fugitive Slave Act is be better encountered in a constitutional way just as deep seated as their hatred of the acthan by an armed resistance. These are, in cursed institution which Dred Scott Courts and substance, the remarks which I have been re- pro-slavery Administrations are laboring with quested by the defendants to submit in their true Algerine ferocity to force upon the Free behalf; and while they deny that they have States and Territories of the Republic. They knowingly violated the law, while they insist have homesteads, hard earned and dear to 180 HISTORY OF THE them, have reached the down-hill side of life, ME.SSRS. EDITORS: - After reading your reand in actingr out the noblest sympathies of marks in last evening's Ilerald, in reference to nature and religion towards a fellow man, un- me, I deem it due to myself to ask you to state wittingly found themselves in the tender mer- that I did not intend to authorize my counsel cies of a Federal Court despotism. The relent- yesterday to give my views on government, to less Government pursuers held them and their the Court; and disclaim holding to many of the homes in their grasp. The vindictive charge doctrines expressed by him. I simply authorof the modern Jeifreys in the convictions had ized him to enter for me the plea of nolle conleft them no hope. Fines andl costs- the lat- tendere, protesting at the same time that I amn ter oppressively enormous in the U. S. District not guilty of violating any law, and requiring Court- would leave them in their old age the protest to be entered on the records of the homeless and penniless. These considerations Court. ABNER -LOVELAND. pressed heavily upon them. They sought lezal advice of an " old friend " in whom they plaeed About this time the following manifesto was implicit confidence. The result, preconcerted published. It will explain itself. between the Court and counsel no doubt, was as humiliating to them, as the speech preceding STATEMENT OF TIE O I PRISONERS it was uncalled for, and astounding to the pub-NOW JAIL. lic. If the self-abasement of the Advocate to the Slave power and its Government offlicials CUYAHOGA CoUNTY JAIL } was voluntary, the "old fiiends," who have not ay i, 1859. a pulsation in sympathy wit-h either, should have To the Pebple of the Western Reserve: been spared the pain and disgrace of a like, The undersigned, citizens of Lorain county, but on their part, an involuntary degradation. now confined in this prison, under indictment The way the thing was done is a subject of for alleged violation of the Fugitive Slave Act, much inquiry by the public. A portion of the have reason to know that the history of their 2modus operandi is stated as follows: — The incarceration is quitegenerally misapprehended, ~Wellingtonites were assured by the U. S. Dis- and that this misapprehension is greatly prejutrict-Attorney that he did not consider them in dicing their cause with the public. reality responsible for the Rescue. The Ober- It is to state the facts pertaining to the imlinites are the ones the Government wishes to prisonment, clearly and correctly, and, to define punish; and he would advise them to trust the present position of the imprisoned, that this themselves to the mercy of the Court, and give article is offered to your consideration. their influence towards maintaining the law of To make the statement proposed intelligible. the land. and complete, the narration must begin with The Wellington men replied that the Fugi- the arrest which brought us befbre the U. S. tive Slave Law outraged all the principles of Court. At the rising of the Grand Jury in Deriht, and that they never could obey it, or admit cember last, Mlarshal Johnson visited Oberlin, that they had done wrongc in the case of John. and notified the indicted, who lived there, that District-Attorney Belden becomes a " sub- he had warrants for their arrest, and that he saint," and urges, it is true, that law is an out- should expect to meet thei in Cleveland at a rageous law, and I am frank to confess that even given hour on the next day. The parties on I would not obey it under certain circumstances. whom the notice was served proved their apIf a fucyitive" slave should come to me for money preciation of the politeness of the Marshal, in I would give it to him, and tell him to go on his dispensing with the usual forms of arrest, and way. Now you were on the ground, and if you their disposition to give prompt answer to whatgo to trial you will certainly be convicted. W'e ever charges the law might bring against them, shall convi t all the Oberlinites. Patton and by appearing in Court at the time appointed. Cowles will be indicted. B3eing, brought to the bar, they declared themThle Wellingtonites encouoraged by the Dis- selves ready and anxious for immediate trial. trict -Attorney's " sub-saintism," conclude that The District-Attorney, evidently taken by surhe is ready to meet them half way, and they prise at the unexpected promptness of the deconsent to throw themselves on the Court, some fence, asked delay. The defence earnestly of them, at least, understandingr that they were protested against an adjournment of their not to withdraw their plea of " not guilty; " and eases. The Court, however, granted the methat their counsel should only protest that they tion of the District-Attorney; but, in considerwere innocent, and that they had in no wise ation of the fact that the defendants had made changed their minds upon that law. prompt appearance, and that they had been Pilate kissed them, and Andrew(s) crucified refused trial, discharged them on their personal them. H1)w crucified, let the following card recognizance, instead of putting them under proclaim froml the house-tops: - bail as the prosecutor had asked them to do. The cases were set for trial on' the second TuesMR. LOVELAND'S STATEMENT. day of March. At the approach of that time The card below is inserted on personal re- the District-Attorney asked for a farther conquest made by Mr. Loveland: - Ierald. tinuance of the cases to the fifth of April. The OBERLIN-WELLINGTON RESCUE. 181 delay, altliotgh it put the defence to great with his now imprisoned brethren. The Judge inconvenience, was conceded by its counsel. replied affirmatively, and moved the Court in When the appointed time at length- came, all Mr. Plumb's behalf to cancel his recognizancee, the indicted who had'been arrested, except and allow him to join those who had been put one gentleman who was very ill, presented in custody. The motion was granted. This themselves at the bar of the Courit, nor did occurrence called the attention of counsel to any of them fail of daily attendance during the recognizances of those who were now in the Bushnell trial without the express permis- the Marshal's keeping, and Judge Spalding sion of the District-Attorney,. arose and said, "Your Honor will, of course, In the course of the Bushnell trial it was direct the Clerk to cancel the recognizances of made clear to the defence that there was a de- all the gentlemen who have been put into cussire on the part of the Court to secure the con- tody. lt would be improper that their recogviction, and a determination on the part of the nizances-should stand while they are in prisomn." District-Attorney to bringabout the humiliation " Certainly," replied Judge Willson, "it will of all the indicted. The proofs of a purpose be done of course." to make a judicial and personal war upon them The Court and some of its officers seemed to were so plain, that the defendants could not realize, at once, that injustice had been done shut their eyes to them. They felt constrained, to the parties in custody, and that some means therefore., to be on their guard and to be watch- for escape from the o:tium which would be inful against emergencies whlich might involve curred by the order for imprisonment, should them in lasting injury and reproach. Thlis be.found. Accordingly, the Marshal soon came purpose, however, did not prev;ent their con- to the party in duress, and proposed that the tinuilln the full compliance with the rules of' whole party sllhould go home, giving its promise the Court, and wibl the terms of their recog- to return on the next Monday morning. (The nizances, which they had before rendered. proposition was accompanied, however, with A'fairs bein in this posture, the Govern- the distinct statement, repeated at least once, ment evidently seeking opportunities forassault, that " Bushnell was not to be included in the and the defence looking well to its lmeans for category.") The Court, also, in reply to a parryling the assault, the Bushnell trial came to proposition firom the District-Attorney, that an end. On tlie rendition of' the verdict, con- ample security shiould be required of the perversation alose between counsel on the two sons incustody, before they should be permitted sides as to whallt case was to be tried next. It to go at large, replied that if they chose, they was finally determinedl by the Government that should go out on the same teuims on which they Lant`ston's case should be called on, and coun- had had liberty since their arliest,'iz., by givsel fbr the deflence, which had previously said ing personal recoanizance. Tlis ruling plainly that it iwas not ready to go on wv4ith that imnplied that the pirocedure -which had resulted case, silniied tfhat it would be ready by the in the commitment had originated with the time the jury was drawn. What was the sur- District-Attorney and Court (otherwise it would prise of' counsel at hlearinf th-le Court declare have been rebuked by a change of the terms of th-t the same jiry was to try all the " res- bail), or in short, that it was- warranted by no cue " cases - all of them, be it noted, involv- wrong-doing coming on the part of the persons ing the same material points. I-Iow then coutl committed, and that it was regarded by the a jury juSt having risen fiom thle consideration Court itself as being legally unjust. of one of theml, il)arially atddress itself to the Confident that the commitmnent had proconsidelration of another? A.'-ainst this re- ceeded from personal malice and a determinamarkable or1der of Court, the counsel for the tion to humble them, on the part of the DistrlictdeneIc malnade earnest protest, and finally de- Attorney, and at least a willingness to have clated that " under such a ruling, the Court them driven to the wall, on the part of the mivht go on with the cases as fast as it pleased, Court, and feeling that they would enter most the clefendants would not stultify themselves by emphatic -protest against the insult and legal either olering evidence or appearing by Couin- injustice which they had suffered, by remainino sel." Wit(i this, the District-Attorney moved in custody of the M1arshal until the Court should that the defendants be ordered into custody. amend the wrong or the law should relieve The Court replied, " The District-Attorney them, and that while the question as to the jury is entitled to the order. Let the accused be was yet open, it would be politic to let the called." responsibility of the commitment rest with the The Clerk then read the names of the in- Court, the defendants for the time refused the dicted, and those present were directed to offers both of the Court and ]Marshal. They put themselves under the control of the mar- were further prompted to this course by the shal, who cleared seats for them. While this consideration that it would permit them to was going on, 3Mr. Ralph Plumb, one of the share Bushnell's fortunes as long as possible. indicted, whose case had previously -been put They did, however, say to the'Marshal that over to the November term, went to Judge " they were under his orders, and should do, to Spalding, and asked if his recognizance would the letter, what he directed." Ile replied by not be taken up, so that he could cast in his lot sending them to jail. 182 HISTORY OF THE It was, therefore, because the Court, without have encouraged the Prosecution in the belief being justified by wrong-doing of any kind on that they were effectually humbled, and that their part, had ordered them into custody, and they had forsaken their cause as being lost. thus grossly insulted and wronged them, and be- That they were justified in believing that their cause they were unwilling to be made the scape- entering'into recognizances or giving bail at this goats of' the judicial outrage (as they would time would have been regarded in this light, is have been, had they, by making concessions or proved by the despatch which Marshal Johnson accepting favors, relieved the Court of the sent to the President of the United States on burden of the indignity which it had forced the afternoon of -the 27th, the substance of upon them) that the committed " rescuers" which was stated in the Washington Constitutiont came to jail on the afternoon of Friday, April as follows: 15th. " The President last evening received a teleBut it was expected by the imprisoned com- graphic despatch, dated at Cleveland, fiom the pany that when Court was called on Mionday Mlarshal of the Northern District of'O!io, statnlorning it would, by recalling its order respect- ing that the Supreme. Court of that State had ing the Jury, if not otherwise, open the way unanimously refusedl the writ of habeas corl]us for their restoration to liberty upon the same foot- in the case of the persons in his custody, under inig which they had occupied before their com- the fuigitive slave law, and that three of the most mitment. They were not disappointed in their respectable of them had fiven bail for their apexpectations that the Court would recede from pearance to stand their trial before the District its (as its seemed to them) exceedingly unjust Court of the United States. Every thing was ruling as to the Jury. But they were disap- quiet." pointed in finding that their way to an honora- The obvious implication of this despatch was ble release was hedged by an entry on the twofold; first, that Northern repugnance to the Journal of the Court, which averred that the fugitive slave act had received a decided blow defendants were taken into custody because from the decision of the Supreme Court, and they had surrendered themselves in discharge secondly, that the hearts of those who had enof their recognizances. They at once saw that tertained this repugnance and had actively exthis entry either grew out of a misapprehen- pressed it, were fairnting under the blow. The sion of facts, or resulted from. a determination imprisoned felt that they could'not, in honor or to compel them to remain.ini custody, or to re- in duty, justify the second intimation of this gain liberty at the expense of a plain ac knowl- sinular despatch, and that if they were ever to edmnent that they had been guilty of folly and yield it must be when the cause they loved was indiscretion which well deserved punishment. not going backward, ancl when their yielhling Hoping that the first. was the correct v~iew, they would not accelerate its decline. So they:waited made, through counsel, a statement of'the facts, for a better day, all the time longing to be at and asked that if,the Journal could not be so home and about the business which sorely corrected as to correspond with the truth, it needed their presence, and suflfering under thle should be either vacated or made to present, in irksome constraint of prison life, they eagerly a new entry, the fact that they differed with the sought the place for honorable escape. They Court in their understanding of the matter. thought they would perhaps find that place at The Court kept the request under advisement the close of the Langston trial. They assured through the day, and then announced that it themselves that the developments of that trial had dletermined( to let the recorid stand as it would prove to the Court that if the testimony was. This announcement compelled the im- for the Government was justly weighed and the prisoned to believe that their humiliation was evidence for the defence was measured as it dcterniined by the Court. Under such circum- slould be, no one of the rescuers could fairly stanlces self-respect forbade their entering into be convicted, and that the prosecution would -new bonds. be dropped. But the end only showed a judiKnIowing that the matter they had in hanl cial bias stronger than before, andcl a partisan was an important one, and that either remaining feeling on the part of the Jury, which could not in custody or giving new recognizances involv- rest short of a verdict of guilty. ed great issues to themselves and others, the Thus was the prospect'for makino honorable imprisoned took time to consider both their po- escape, which the imprisoned sought, made sition and their duty. While they were pur- darker than it had yet been. suing their inquiries, they entertained the hope But that they might leave no stone unturned, that the Supreme Court would release them the imprisoned presented, on Wednesday last, from the duress by granting them habeas cor- as fiom John Watson, one of their number, an pus. Their hope in this direction was presently affidavit setting forth the facts respecting their blighted by the refusal of the Court to grant the imprisonment, and followed it with an appeal writ, andt then they found the away to h-onorable from MIr. Rilddle, in which,.reciting again their escape from custody more effectually closed story antl asserting their riglhts, they demanded than it had ever before been. If they had en- either speedr t rial, diseharge fromn process, or tered into recognizances or given bail upon the such a correction of, or entry upon the journal heels of their defeat at Columbus, they would as would permit them to occupy, without dis OBEBLIN-WELLINGTON RESCUE. 183 credit to themselves, the position they formerly the propriety of our course, that it has been held before the Court. But,the appeal was in wisely taken. vain. A bland intimation that there was no We must not close without saying, that in all barrier to the liberty of the imprisoned but that we have done,,we have'cautiously inquir"punctilio," and a positive refusal to do what ed what is right, and what expedient? Nor was asked, was the only reply which the Court have we trusted to our judgments only. We saw fit to give. And so the incarcerated com- have invited the counsel of as wise and judipany finds itself effectually shut out from all cious men as we could reach, and our conclurelief except such, as it cannot but scorn. sions have been those to which we have been To sum up the points involved in the above, conducted by what has seemed to us the dehistory, the imprisoned are here because an cidedly preponderating opinion of the seven or order of the Court put them here; they stay eight eminent lawyers with whom we have been here because a judicial wrong under which in constant consultation. they suffer is unredressed, and because a jour- And, withal, we have constantly looked for nal entry of the Court will not allow them to direction to that Superior Intelligence, which go out without personal disgrace - the disgrace gives " wisdom to all who seek it and upbraidthey would suffer in virtually acknowledging eth not." At every step, what we have regardthat they had been guilty of a most foolish ed as manifest, Providence has pointed the way. action, and that they were ready to sneak away We still look to our Divine Guide for direction. from the dilemma in which that action had We know that if earthly tribunals deny the replaced them. The self'respect of the impris- lief we ask, the higher Court to which we look oned, the sense of honor which Heaven planted will, in due timne, send it. We assure ourselves in their souls, and which revered parents care- that the Great Arbiter will not be pleased with fully nursed, will not permit them to involve conduct on our part, which will degrade ourthemselves in such disgrace. It could never be selves, or betray a good cause; and we are with them a matter of mere "jpi nctilio" to equally confident that if we stand to our integavoid the dishonor to which their only chance rity, he will appoint an issue to our troubles, of escape exposes them, and nozo the circum- which will honor Him and fully satisfy us. We stances in which they are placed and the rela- cheerfully wait the opening of' the " door which tion which they sustain to a good cause, beset no man can shut!" and imperilled by oppressive power, make H. E. P:CIK, DAVID L. WATSON, what might, in another case, be an inconsider- RALPH PLUMB, WILSON B. EVANS, able affair, rise into a duty of the greatest CHAS. H. LANGSTON, HEINRY EV ANS, manitude. The imprisoned cannot allow it to A. W. LYMANTT 1ICIIARD WTVINSOR, be saidl that when Freedom was assailed on her J. H. SCOTT, X W. E. LrSCOLN, last field, they ingloriously dropped their JAMES BARTLETT, J. M. FITCH, banner to save themselves inconvenience and JOIIN WATSON. suffering.. They are not willing to have even aan appearance of submzission to tyrannical STATEM1IENT OF COJNSE'L. power on their part, become a pledge that the diabolical Fugitive Slave Act is hereafter Messrs. Peck anscd Others, Prisoners, etc., to work its own on the Western Re- GENTLEIrENN: The following we believe serve.. to be an accurate statement of. what transpired It will be observed that in both the histori- -in the U. S. District Court on the 15tih ult., in cal sketch, and the summary above presented, connection with the order madue by the Court, we (for we will here drop the third person) that you be taken into custody by the marhave laid special stress on the necessity for shal:Ymaintaining a protest against what we regard Upon the announcement of the verdict of as judicial tyranny, and the point of honor the Jury in the case against Bushnell, the case which prevents our liberating ourselves by of Langston was called by the Court, and ingiving bail. Nothing has been said with re- quiry was made as to whether the parties were spect to the policy of our course. This, how- ready. The District-Attorney stated that the ever, is a matter which has been constantly Governmceqnt was ready. Defendant's counsel kept in view. We have thought, and still replied that they were not ready in that case, think, that in various ways, a manly and but were in the case against Peck. The Disstraightforward course on our part, would trict-Attorney insisted upon taking up the cases promote our cause. Precisely how the main- in the order in which they stood on.the Docket. taining of our determined protests against what The Courit said the Government had the right we have regarded as injustice and falsehood, so to insist; and again asked if the defence was would advance our interests in the defence of ready in the case of Langston. His counsel our cases, it would not be politic for us to say. replied that they probably should be by the In due time we shall give to the public a full time a Jury should be empanelled. The Disdisclosure of the motives which have acted on trict-Attorney and the Court both said that the us in this direction, and we: believe that such a Jury then in the box (being the one that had disclosure will fully satisfy all who have doubted just returned the verdict against Bushnell), were 184 HISTORY OF THIE the regular Jury for the trial of all the cases. dropped. JFinding it not so easy to "drop" The counsel fbr the defendants strongly protest- them by simply opening the hand, there was ed against being compelled to go to trial in the no choice but to retreat, bolt, or plead. The remaining cases before a Jury that must have already made up its mind against them on all Coult preferred pleading. A numbcr of ildithe principal questions, except one, involved in viduals were employedto approach them fiom the cases. The Court observed that the' mere various quarters, andc with various inducefact that the Jury had tried Bushnell, would ments. The total success of these combined constitute no good reason why they should not try the other defendants, - intimating, at the forces has already appeared. Our venerasame time, that.it would be competent for the ble FATHER GILLETT still represented Weldefendants to challenge them for cause, if they lington in prison. Nothing could move him. had made up their mind as to the guilt of those An endless series of inducements were preabout to be tried. The defendant's counsel then notified the Courtthat if it was determined seated, pressed, argued, urged but to no to try the remaining defendants by that Jury, purpose. They had, indeed, met a rock in the no one of them would make any defence what- strait, and there was no getting farther. He ever, but that the Court might proceed with was finally besought to leave the Jail at least, them as it sawfit. The District-Attorney there- and offered release upon upon instantly arose, and with a: great deal of' petulance in his manner, moved the Court that zance, just after three of his neighbors had all the remaining defendants, with the exception been inflexibly held to bail' with sureties. of Loveland, De Wolfe, and some others, whom The quiet answer was: "I was ordered to jail he had permitted to go home for the time being, yu h my re w when you had ary recognizance inviolately obbe ordered into custody. To this Judge Spalding, still occupying lhis seat, said, sharply, " I served: 1 never givee you another! " -second the motion." The Court observed that Down on tlihe other knee then. the District-Attorney had the right to require V Will you give us your word to return when the order to be made, and directed the clerk to we send for you?" call the names of the defendants, with the ex- men. You have trat ception named in the motion; which was ac- ge ntlemen. You have trcated me cordlingly done, and those of them then in the like cowards, insulting my honor when it was court room were taken into custody by the pledged. I shall not allow you an opportunity marshal. As this was being done, Judge Spald- to repeat the outrage." ing asked that their recognizalices mlight be cancelled; to which the Court replied," Of course," - and directed the proper entry to be made for against the old gentleman would be next to that purpose by the clerk. Judge Spalding nothing; the indictment was only to harass; also moved the Court that the continuance in the the game with him was out, and they found case of Mir. Plumb, which had before then been themselves in entered, ight be cancelled, and he be p- themselves in decidedly the worst of it; - the lnitted to surrender himself in discharge of his old man MIUST be shaken off at any cost. recognizance, which was accordingly done. All along on their faces! irWe cannot be mistaken in the fact that you " rill you go 7ihome if you are turned out of were ordered into custody, as above stated, and jall?" that'you did not surrender yourselves, as alleged in the Journal entry. "If the choice were to sleep in the streets or Ht. P. SPALDING, gO home, I think I should go homze'!" said the A. G. RIDDLE, good-humored old gentleman, shaking his sideiS. O. GRISWOLD, F. T. BAcKEus,' with quiet merriment. as Counsel for Defendants. "And come back when your counsel advise Cleveland, May 14, 1859. it?" "I shall be likely to follow the advice of my - Great efforts had been made to rid the counsel so long as I employ thein." docket of the indicted from Wellington, as " TWell, then, go i" may already have been inferred.:., The prose- So FATHER GILLETT went. cution was fast becoming so emphatically a Fourteen Oberlin men now remained in "pursuit of" - no matter what-" under diffi- prison, twelve of them yet to be tried. The culties," that "retrenchment" somewhere grewI Court gave out- by the Court is meant, in to be a necessity too urgent for neglect, and this connection, not only the, Judge, but the the Wellington defendants were considered on District-Attorney,: the Marshal, the Clerk, and several accounts the more proper to be first all their attachdes as well, since they acted in OBERLIN-WELLINGTON RESCUE. 185 perfect unison and with a common understand- I own salaried editor thundered it morning ing in these cases —in every direction, and after morning, and the. penitent Douglas print almost under the ears of the prisoners, that if echoed it every evening; till all the country they would only knuckle handsomely and round about, as well as every dweller in the a"acknowledge the corn," they would get off town, was aware that MAR1SIIAL MATTHEW almost as easily as the Wellington men; but if JOHINSON WOULD DO HIS DUTY! So the anxthey dld n't, they should every one be.pinned to ious grew calm; half-cleaned weapons were the wcall; for it "wVas high7 time that OBERLIN, thrown aside, and nobody was surprised to the strong-hold and hotbed of Abolitionism and learn that the Marshal had " compromised " by'REPUBLICANSISAi was SUBDUED." If this had threatelning to serve a " WRITTEN NOTICE on not come time after time direct from the au- the Sheriff not to move the men out of jail; thorities themselves, it would indeed be unpar- and added that, if he did,-let the reader be donable to publish it. calm and ready for the worst, - he, Marshal SMatthew Johnson, should positively - let the TIHE SECOND APPLICATION FOR HIAFAS,. reader take breath and compose himself — ConPuS was made in behalf of the twvo who should positively - so he said - do what? - had been sentenced 7 to Judge ScorTr, of the lhad been sentenced, to Judge SCO TT, 6f the why, he should POSITIVELY take the same traint Supreme Bench, on the 17th of May. As in to ColwO25bfs! duty bound, he immediately issued the writ, he? returnable before the Full Bench, and then Of course not. telegraphed to his brethren who were just dis- e ent the night before! persed to their several circuits, requesting so the Union was once more saved. them to sit with him in Special Session. As Here is the notice: the recent assaults ma.le upon this great bulU. S. MARSTIAL'S OFFICE, Northern Dist. of war k of Freelom have awakened much inqlui- Ohio, Cleveland, May 24, 1859. ry in regard to it, we are sure of gratifying the To DAVID L. WIGHTMAN, Esq., Sheriff of Cuyahoga reader by presenting him the form of the writ. Co.: - SIn, -I am in receipt of your letter of the The State of Ohio:- 19th instant, in which you state you have writs To David L. Wightman, Sheriff of Cuyahoga of habeas colpus commanding you to have County: - -Simeon Bushnell and Charles Langston before We command you that the body of Charles f Ohio, at the Judges of the Supreme Court of Ohio, at Langston, - in your custody detained, as it is their court room in Columbus, on Wedneslay said, together with the day and cause of his the 25th day of Mla, 1859, at 10 o'clock, A. M., caption andidetention; by whatsoever name the witlhthecause of their imprisonment, and you said Charles Langston may be known or called, also state that you will obey said writs of habeas — you safely have before the Judges of our orpus. Supreme Court, at their court room in the City The Supreme Court of the United States of Columbus, on Wednesday, the 25th day of having decided that the State Courts have no May, instant, at ten o'clock in the morning, to power to discharoe persons imprisoned under do and receive all and singular those things process of the United States Courts, for violawhich the said Judges shall then and there con- tion of the laws of Congress, and it being clearly sider of him, in this behalf; and have you then your duty to return in answer to the writs, the there this writ. there th itness rt.cause of the detention of the prisoners, withitness James H. Smuith, Clerk of out producing their persons, I hereby protest (Seal.) aour said Supreme Court, at the against your removing or permitting to be reCity of Columbus, this 17th day of movedl from the Jail of Cuyahoga Co., the said Mllay, A. D. 1859. Simeon Bushnell and Charles Langston until JAS. IS. SMITHI, Clelrk S. C. the expiration of the sentence for which they By H. S. Miller, Dep. ate respectively imprisoned. Many threats had been made that the Mar- Yours, respectfully, l.l, JOHNSON, shal would adhere to the plain path of his duty M. JOHNSON, as m d ot in te B h d, U. S. Marshal of the Northern Dist. of Ohio. as markred out in the Booth decision, and repeated by special autograph instructions from Supreme Court of Ohio, Attorney-General Black, and see that under nocircmstances, was Simeon Bushnell, and no circumstance s was the order of the Supreme Charles Langston, Court obeyed in the production of the bodies.Habeas Corpus of the relators before its bar. The Marshal's David L. Wightman,J 24 186 HISTORY OF THE Present: - Full Bench. your Honors, that in approaching this grave. question of Constitutional authority, that it is ARGUMENT FOR THE ZRELATORS. claimed, that we are completely hedged inll, or MR. A. G. RIDDLE - walled out, from the consideration of it by the adjudications of the Supreme Court of the May it please the Court: — United States. This is a proceeding before the Judges of the But, your Honors, with all due respect to Supreme Court at Chambers, yet I recognize that high tribunal, I suppose it will not be conthe presence of the Court. tended that a decision of the Supreme Court of The relators by affidavit informed the Court the United States can impart any Constitutionthat at the date of their application they were al vitality to an act of Congress which that act imprisoned in the jail of Cuyahoga County, by intrinsically, and in the first instance, does not the Sheriff of said County, without legal au- possess. In other words, such a decision canthority; and thereupon one of your Honors not make an unconstitutional act a constitutionissued the writ of habeas coipus, commanding al law. The utmost that can be claimed is the sheriff to produce the bodies of the appli- that it precludes parties firom farther inquiry cants before you to-day, and show why he de- acts as a sort of judicial estoppel, concluding tained them. The sheriff returns these writs the question. It will not be my purpose in the with the persons of the applicants, and appends few remarks in the way of the opening argument to his return as a part of it, and in addition to which I shall have occasion to submit to your the statement that he held them under the mit- Honors, to enter to any considerable extent intinius of the U. S. District and Circuit Court, to any criticism or analysis of these decisions. a certified copy of the Journal entry and an That duty will fall more properly within the exemplification of the records, by which it ap- labors of' my associate. I shall barely refer to pears that they were imprisoned by that sheriff, them, and possibly make a passing remark in pursuant to an alleged final judgment, - award- reference to one or two of them. I believe the ing that as punishment of' the U. S. District leading one of them referred to and relied on as Court for the Northern District of Ohio. the parent source of all authority, and which is In the face of that record and directly meet- essentially such, is the case of Prigg v. Pennsyling that exemplification as it is witnessed by vania, 16 Peters, 611. There are also as rethat seal, we still stand here, with the permis- peaters, redchoers, the cases of Jones v. Van sion of the Court, to say that that imprison- Zandt, 5 Howard, 215; Moore v. Sill, 14 Howment is illegal; that that judgment is a nulli- ard, 13, and the famous Simms case, in 7 Cushty; that there is no such crime as the act al- -ing, 285, as also others. legred in that record; that the law by virtue of I do not know, but it will be sought to add to which and under which it is said that these pro- these, what is known as the Boothe case, receedings were had, is no law. We say that cently said to have been decided by the Suthat alleged law is not law: - preme Court of the United States, on a writ of First; because the Congress of the United error to the Supreme Court of Wisconsin. But States under the Constitution thereof had no I do not know as that has been given to the power to legislate upon that subject-matter. courts in such a form that it can be treated by Second; that the Congress of the United the Courts as: authority. I think the Supreme States under that Constitution had no power Court of Ohio will hardly find itself called to pass such a law -or such an act, as the one upon to resort to the columns of newspoapers, upon which these proceedings were based. however veracious they may be, for authority. Third; that under that law this record Res adjudicata can hardly be claimed to reside charges no crime. there. Fourth; that that claimed law is in contra- And first of the Prigg case. And while I vention of the provisions of the Ordinance of would approach this with due respect, I would 1787, which is of antecedent and paramount yield it no more deference than I would any of authority. the decisions of this high tribunal in whose presIt was not the fortune of either the Attorney- ence I stand. General with whom it is my good fortune to be This is the case cited as settling the question associated in this case, or of' myself, to hear the of the power of Congress to legislate upon the arguments recently submitted to your "Honors, reclamation of fugitive slaves; but it will be upon a prior application by these relators for found when this case is fairly analyzed, it covrelief, while the proceedings in the U. S. Court ers no such ground. were still pending. For myself, I wish merely It is difficult for the legal mind to see how to add, that if it shall be found that I do not that question could have been properly before follow the same course of argument, it is not that Court, so that its passing upon it is to be because I seek in the slightest degree to waive taken as an adjudication, in the judicial sense of the positions then taken; and if I should that expression. A party-Prigg r-was proschance to ofler some of the same arguments, I ecuted under the State law of Pennsylvania hope not to be altogether amenable to the for kidnapping, convicted, and sentenced to charge of tautology. I am perfectly aware, the penitentiary. The case was taken to the OBERLIN-WELLINGTON RESCUE. 187 Supreme Court of the U. S., and the main law of the land; and I submit that the Suquestion upon which that Court was called to preme Court of the United States can give no pass, was solely and exclusively the constitu- sanction, that shall make its adjudications the tionality of the act of the State of Pennsylvania. law of the land. The Supreme Court of the U. S. decided that May I be permitted, in the third place, to that act was unconstitutional, and unconstitu- say, that in my humble judgment there is nothtional because they settled a certain other ques- ing in that decision by which this Court, repretion, namely, that the Constitution guarantees senting the judicial sovereignty of this State to the master the right of recaption, and by vir- can be estopped? I need not detain your tue of this bare guarantee the master, or owner Honors with any pedantic schedule of the eleof the slave who escapes in another State, may ments of sovereignty which necessarily enter pursue and make manual recaption of him; and into the combination of that definition as apreturn him to the State from which he escaped; plied to States and nations; but among them I and because this is so and not otherwise, the take it that the most important will be found to law of Pennsylvania, which contravenes this be the protection of:' the rights -of the citizen; constitutional right of recaption is necessarily while he lives in strict observance of the golden unconstitutional. That disposes of the case. rule of the civil law; and "lives honestly, hurts And therefore, as I have already intimated, it nobody, and gives to every man his duo;" - is difficult to see how the power of Coyngress to and that it is going far to say that the right on legislate in aid of the master was at all before his part to demand protection, and the duty of that tribunal. It was not before them, and all the State to render it is not so imperative as to they say of it and other points, is the purest be a question involving the sovereignty of the obiter dicta. State. And it seems to me that it is a part and Andl, if not irreverent, it seems to me that parcel of the nature of such things as States, that case is amenable to just criticisms of quite that when the question of State sovereigntyj as another sort. That court commences - with between itself and its citizens, is broached, this all veneration be it said - by establishing new tribunal is the exclusive court of the last resort rules of interpreting the Constitution, and it and is not bound, and cannot be bound by the winds up that singular process by saying that decisions of any other tribunal whatsoever; no uniform rule will apply to the whole instru- unless you lay the whole sovereignty of the ment, but that each provision must dictate its State at the foot of that foreign jurisdicspecial rule of construction! tion. It is alarming, indeed, when we find that I press this with modesty. Now we may say court in such a case recasting old definitions, of States as we say of individuals, that they or reconstructing old- or manufacturing new have certain inalienable rights, with which they rules! It would certainly challenge fair criti- cannot part. That they have duties which they cism when we should find that no uniform rule owe to themselves, to their subjects, and to surcould be applied for the construction of the rounding States; that to the discharge of these Constitution of the U. S.! It would also seem duties it is absolutely essential that they should that that Court, or rather itsjudges, were obliged have, to a certain extent, inalienable rights. I to ward singly and alone the various and de- am not here to say but that they may have vious processes of argumentation by which a parted with some of these rights; if the people majority scatteringly arrived at the conclusions of the State have consented; but the presumpto which they finally gathergh in. It is not tion must be that they are all retained intact, necessary now to inquire, whether any two of until it is proven otherwise. It is not true, them came to the same result by the same pro- your Honor, that the States have grown up cess; —but it is shown that there was no place under the iron and inflexible rule of the Conupon the lecral earth to be found where those stitution, and have only by sufferance been venerable piTglrims could all finally reunite, allowed to crop out in one direction, or grow except the point from which they started. I out in another, and have been choked and remark, then, in reference to this celebrated checked, whenever the Constitution did not case, that it does not involve the question to permit them to shoot upward. The States are which I now invite the attention of the Court, older than the Constitution, and in contemplato wit; the power of Congress to legislate in tion of law were all present at its formation, aid of the reclamation of fugitives from service without reference to chronology; and if they or labor. And I wish to say that even if it have parted with any rights it has been of their shall be found in the riper and better conclu- own choice, by their own freewill, in express sions of this Court to cover that ground, that by grants; their people assenting thereto; and a single decision of these questions we are not against them no presumptions or implications bound. For I say, in the second place, that, can prevail. But approaching moredirectly the passing as it does upon these great questions,'Constitution itself, both for the purpose of ascerunder which lie great, original principles, the taining incidentally what the State of Ohio has utmost which ought to be claimed for it, is that to concede to it so far as its own sovereignty is that decision furnishes a rule for that case be- concerned; and more particularly to inquire fore that Court; but not that it furnishes the whether the State of Ohio, With other States, 188 HISTORY OF THE has given power to Congress to legislate in re- thorizing the enactment of a law, which progard to fugitives from service. vides for, and authorizes, and furnishes the Now, may I be permitted to say here, that tihe I means of recapturing fugitive slaves, is not a Constitution is not made up entirely of com- law directly sustaining slavery. Before enterpromises, as the modern notion seems to be'? ing upon this investigation I beg leave to call I certainly shall not attempt to seem to be to mind two or three so well-established propolearned, and undertake to make any new sitions, that they have become inflexible rules. schedule of the -provisions of the Constitution. And first, Slavery is not national, but local. In All this is old and hard-beaten ground. But the face of solemn platforms, and in the teeth -with reference to the compromises themselves of national politicians, I undertake to say, that we find that there was a compromise between slavery is not legally or constitutionally a nathe larger and the smaller States, resulting in tional institution; and hence, certainly the equality in the Senate; and also a compromise fostering protection of it, would not natuwith reference to slave representation; and rally fall withlin the sphere of the duties of another with reference to the Afirican slave the General Government. That it is a purely tradre;-but beyond these, will some -learned State local institution, and therefore all regulamanl tell us of another? As to the much talked tion of it, must fall outs:lde of the powers deleof third clause of the second section of the fourth gated to the Genleral Governlent, and be left Art-itle, that it is not, and that it never was in- entirely to individual States and lesser localitended to be a compromise -judicial falsifica- ties. tion of history to the contrary notwithstand- I remark, second, - that slavery - I need in - I undertake to say. That the clause. con- not refer your HIonors to authorities in support tains a compact, as do other clauses of the same of this propositidn - in tlle United States exsection, and other sections of the same article, i.ts wholly anld exclusive!l, by virtue of posi-I not only admit, but insist; but thlat there is tire law. Fartherl, that all presumptions are, any grant of power necessarily imiplied in the necessarily andl essentially,- adverse to its existnature of the compact, I emphatically deny. ence. It follows, then, that if slavery is to exIn this instrument the grants of power to the ijt only by expiress authority, it cannot exist new Government must necessarily occupy a by implied authority; and if the presumptions prominent place, and as among them the power are against slaveir, the presumptions are just to make treaties is also conferred, it was emi- as conclusively against the existence of a law nently proper that the same instrument which by virtue of wllhich slavery would exist. If it conferred it should also provide for all such cannot exist by implication, you cannot imply treaties or compacts, among the States, as aGfar- the law, or the power to enact the law; and as seeing sagacity could then provide. And hence a converse of' all this, all the presumptions are the compacts, and the fact that they are con- not only against slavery, but in favor of Flreetained in the Constitution, no more conf'ers oil dom. Then, your Honors, if slavery can only Congress a power to legislate in reference to exist by positive law, and not by implication; the-m, to enfbrce tllem; or otherwise, than as if and if we must presume against the existence the States had assembled prior to the formation of slavery, and againmst the existence of' any of that instrumlent, and had formally agreel law authorizing it,; and of course against the upon and entered into them, and had rmade them existence of any power by which such a law perpetual. could be enacted.: We unroll the Constitution, In addition and as adjuncts to the grants with an absolite presumption that it does not enumerated, there are prohibitions, stanmdina contain such a power, a ~presumption that can out in just as bold and broad relief all the way yield only to an express grant of it. WNe are along these grants, limiting their exercise on to inquire, then, whether there is in the Constithile one side; or prohibiting it altogether on the tution all express grant of power to Congress, other. Guarantees, no less important, perhaps, to legislate in fhavor of slavery; or whether than the others, occupy just as prominent a po- there is an express grant for some necessary sition; which provide for certain rights, and object or purpose; such that fbr its accomplishcertain privileges, of paramount importance - ment, such a grant in reference to slavery must standing pledges that they shall be protected. necessarily be carried with it. Equal to all, yet occupying less space, your In considering this instrument, much valuable Honors, are found in this Constitution reserva- information may be gleaned from the history of tions. Thus wherever a grant of power. is those times; as to what was the object and purmade, you find it surrounded and hedged in pose of the framers of it. But the historical with prohibitions, guarantees, and reservations, argument I leave entire to the Attorney-Genall of which are to be beaten down and anni- eral. hilated, before an usurpation can find place and In contemplating the Constitution itself, we toleration. With this outline, I am to approach find inscribed upon its portal the very objects of this instrument fobr the purpose of searching for its creation, to which alone it is solemnly dedia power, not only to legislate upon the subject cated; and under it is subscribed the names of of fugitive slaves, but to legislate in its favor. i its framers, the time, place, and date of its For it cannot be contended that a power au- erection. OBERLIN-WELLINGTON RESCUE. 189 Hear that solemn inscription and ordination: -of a master upon his fugitive slave, is a judicial "We, the people 6f the United States, in claim under the Constitution of the United order to form a more perfect union, establish States; and that being such, it necessarily called justice, insure domestic tranquillity, provide for to its aid and for the purpose of its enforcement the common defbnce, promote the general wel- the legislative power latently vested in Confare, and secure the blessings of' liberty to our- gress. Is that true, your Honors? With all selves and our posterily, do ordain and establish deference to this famous decision, if it be true this Constitution for the United States of that the legislative power of Congress is coexAmerica." tensive with the judicial power of' the Federal When we ponder upon this inscription, which Courts, then I ask what becomes of State aunot only makes the purposes of the creation of thority, legislative or judicial? For, in various the instrument itself known, and also makes ways, all.conceivable questions of right can be this solemn dedication of it to these purposes, brought before the Federal judiciary, and has and when we find named among the very first Congress so boundless a range of legislative of these objects, — " to establish:justice" and power as that? "secure the blessings of liberty to ourselves Otherwise, I submit that the proposition is and our posterity,"- it seems perfectly hopeless not true. If the legislative power granted to to- expect to find any thing within authorizing Congress, be coextensive with the power vested and protecting an institution annihilating lib- in the national judiciary, then it must follow, erty and rendering justice impossible. that every matter, which falls within the jurisdicHaving passed within the Constitution, and tion of the Courts, by necessity fills within the bringing with us the rules already mentioned, legislative power of Congress, which absolh dsly and in the strong light that flashes all over it cannot be true! For then if a party in Kenfrom the preamble, I wish to add the solemn tucky brines a suit upon a promissory note for weight of the tenth amendment " The pow- $500, against a citizen of Ohio, in the Federal ers not delegated to the United States by the Courts as he may do, Congress would necessaConstitution, nor prohibited by it to the States, rily have the power to legislate upon it, as are reserved to the States respectively, or to upon all other possible matters which might the people." constitute " a judicial claim under the ConstiThus, then, under these conditions, and with tution," which is an annihilation of the States. these lights, we must find an express grant of Yet this is the doctrine which the Court power or a grant of a subject-matter, carrying in that case unqualifiedly and in express terms with it the-grant of power; and that without lays down. And thus I do not find - a tling the aid of any implication. Now I take it that which I certainly was not very anxiously lookno one has ever yet found this power in any ing for - I cannot find in these grants of power, portion of the first article of the Constitution. that either directly or indirectly, by express In all those special grants it nowhere exists, grants of power or by grants of subjectopenly or covertly. It neither lurks under matter, that this instrument thus far conveys one, nor is appended to the skirts of another. any power to Congress to legislate in reference And if your Honors will turn yodr attention to to fugitive slaves. I pass to the fourth article. the last clause of the eighth section, which is a This article seems to contain provisions with general grant of such powers as are contained reference to certain compacts between the in it, to wit, "to make all laws which shall be. States as individual States; guarantees them necessary and proper for carrying into execu- certain rights, and provides fbr the governtion the foregoing powers and all other powers " ment of the territories, etc. - not compacts, guaranties, injunctions, or res- Section first is as follows: — ervations- "vested by this Constitution in the "Full faith and credit shall'be given in eacn Government of the United States, or any de- State to the public acts, records, and judicial artment or officer thereof" -it is no more to proceedings of every other State. And Conbe found there. Certainly it never has been gress may, by general laws, prescribe the contended, except in a single instance, and, I manner in which such.acts, records, and protrust, never will be again, that there has been ceedings shall be proved, and the effect conferred upon any department of the General thereof:" Government, any power over or in reference If your Honors will turn: back to the articles to slavery, and we have already seen that no of Confederation, you will find the first part of power not specially granted can be held to ex- this, which is a compact merely, to be almost ist. But it is said in the Prigg case, that the a literal transcript of the last clause of the warrant for legislation on this subject arises fourth article of the Confederation. from the necessity which results from a certain As it existed there it was taken to be and combination of circumstances. I understand was a naked compact, conferring no particle of'Mr. Justice Story to say that the power is power to legislate for its enforcement, and was found in a just construction of all the bearings never supposed to confer any. This last clause of this much talked of second section of the of the fourth article of the articles of Confeclefourth article. It is establishedr so far as. it can ration, now makes the. first section of the fourth be by the opinion of that Court, that the claim article of the Constitution. Ten years it stood, 190 HISTORY OF THE the last clause of the fourth of the Confede- ly had in the articles of Confederation and the ration, uncoupled with any power; whence it Ordinance of'87, and both alike, in both places, was taken, and promoted to the first section are uncoupled with any grant of power whatof the fourth article of' the Constitution. And ever. This Ordinance of'87 was, I believe, the not only that, but when it is transferred there first declaration of law or compact, in which 7is coupled with it an express grant of power, the people of the United States, as a nation, because the framers of the Constitution knew had embodied and set forth a provision for the — as everybody knows, that without an ex- rendition of fugitives from service, and this press grant, there could be no power; and clause there stood uncoupled with any grant of the experience under the Confederation, had power to Congress. It is true, that the lapse of demonstrated the necessity fobr a proper en- time between that Ordinance and the Constituforcement of this provision, and hence the tion was not so great as to afford the States any power was granted. considerable experience of its workings, but it The second clause, of the second section, of is none the less true that it was transferred article fourth, is a condensed form of the pro- without the expression of any serious desire fbr visions of the first clause, of the fourth article, its amendment, or the addition of a grant of of the articles of Confederation, which read, power; it was transferred to the Constitution, " The better to secure a perpetual friendship," and there embodied without material change, to etc. (See 4th Art. Const.) the entire' satisfaction of all the members of the Standing in that place in the fourth article, Convention, and the people of the States, where when the framers of the Constitution came to it reposes in its owin original force; and not im"' make up their jewels," and incorporated it into plying, because not expressly declaring, the their structure, they gave it the place of the power of Congress to enforce its provisions by first clause, in-:,the second section, of the fourth legislation. article. But there is no grant of power attach- Transferring it, then, as they did, and leaved to it, in the transfbr, as in the case of the ing it uncoupled with any grant of power, the first section of this article. And I claim that conclusion is irresistible that it-like its two since, as a matter of historical verity, the neces- predecessors in the same section - is to be sities arising under the provisions of that clause treated as a simple compact, conferring no more are sufficient to have invoked that power into power upon Congress, and calling Federal leglife, if it is supposed to have slumbered within islation no more to its aid, than any compact the folds of that purview. And yet no one has outside the Constitution. And when it is recontended, that I am aware of, that there is any membered that the first section of this fourth power in Congress to legislate for the purpose article has an express power appended, and of enforcing that solemn compact, -it stands when we see that the succeeding third section in remarkable contrast with its fellow section, also contains a grant of power, which is omitwhich had long remained without a grant of ted from all the clauses of section second, the pover, but when transferred into the Constitu- conclusion is perfectly irresistible that it was intion had such a grant appended to it, while this tended that no power should attend any of the remains without. clauses of that second section. The second clause, of that second section, of I do not mean to contend, your Honors, that the fourth article, is the one in reference to the the contemporaneous construction of that arextradition of fugitives from justice. This is tide is not manifest, to some extent, perhaps, in followed by the third and sorely contested -the legislation which was ventured upon under clause, which treats of the return of fugitives it, by a Congress composed in part of the framfrom service, or labor. ers of the Constitution itself; nor yet that such " No person held to service or labor in one construction is wholly valueless, but I am not State, under the laws thereof, escaping into an- aware that the presumption drawn from the other, shall, in consequence of any law or reg- flact that a law was enacted, is any stronger in ulation therein, be discharged from such service reference to the action of the national legislaor labor, but shall be delivered up on claim of' ture, than in reference to the acts of the legisthe party to whom such service or labor may be latures of the several States upon the same subdue." ject. But if this be taken as a guide, the legisIn some respects, standing together and treat- lation of the several States neutralizes, and ing of the, extradition of certain classes of per- more than neutralizes any legislation of Consons —in each case spoken of as persons - gress. Take the act of Pennsylvania alone, these second and third clauses, of this second and then group about it the dozen others, insection, of the fourth article, are proper to be cluding the States of Ohio, Indiana, Illinois. compared, to see how far they may be taken to- It is known as an historical fact that the enactgether. As the third clause was taken from the ment of 1793 did not arise out of the necessiOrdinance of 1787, so was the second from the ties of any case which sprung up under this articles of Confederation; and as the third is clause of the Constitution. But a question not materially changed, neither is the second: arose between the executives of Pennsylvania both preserve the same thoufghts and the same and Virginia, in reference to the return of a fumeaning, in the Constitution, that'they several- gitive from justice, who had fled from Pennsyl OBERLIN-WELLINGTON RESCUE.; 191 vania to Virglinia; and it is said that, in the- warranted and unwarrantable perversions of course of that debate, the Governor of Virginia it.'doubted his power to deliver up the fugitive, This brings me to my second proposition. and the matter being comnmunicated to Presi- We claim that if your Honors shall find, dent Washington, and by him transmitted to either looking at this instrument as it invites Congress in a message; for the purpose of set- your attention; or through the decisions of other tling this controversy, the legislative power of Courts, whose decisions you accept as binding; Colngress was invoked, and the Act of 1793 that Congress has power delegated to it by the passed. It is certainly true, as I think, that Constitution to legislate upon the subject in both sections of this Act are equally unconsti- question; we still claim that Cocngress had no tutional, for I see no more authority conferred power to enact this articularlr law. upon Congress to legislate in reference to fugi- And first, they had not this power because tives from justice than in reference to fugitives this act violates the otherwise inviolable ri(ght of fiom service. persons to personal liberty. It subjects a perThese two matters stand, in my judgment, as son to the actual manual caption of whoever mere naked compacts. There certainly is not, pretends to be his master. I need not stop here in either case, any grant of power, as I submit to detain, much less to attempt to;entertain this to your IHonors, by'the provisions of this instru- Court with that part of the legal argument which ment itself. None, whatever! I submit, so fBr'pertains to this point; nor to call the attention as these two clauses are concerned, - and, pre- of the Court to the fact that slaves as slaves, are eminently, so far as the third is concerned, - excluded from the Constitution by name. Nor that the text nowhere, in any form, invests need I read to you the debates in reference to Congress with any power. It is not necessary this matter, which took place in the Convention here to inquire what the purpose and object of where the Constitution was framed, as well as its creation, so far as the means are concerned those which sprang up in the various State Conwere. It is sufficient for my purpose, and for ventions which were called to discuss and pass the purpos:e for which we stand before this upon the Constitution as it was otrered to the Court, to say that if we go back to the original people. That the Constitution, if it treats of right meaning of this instrument - to which slaves at all, treats of them as persons, and we all shall go when we have the grace and hence confuses them — if such a term may be courage —no one will contend, for a solitary used -with the great mass of other persons moment, that there lurks in it, anywhere, any within the States, I think cannot be disputed. grant of power to Congress to legislate upon I do not now recollect that there are more than the subject. None, absolutely none. By three allusions in the Constitution which are the very nature of it, such a grant is impossi- supposed to have reference to slaves. The first ble. The main force of this clause is spent in is in the third clause of the second section of the prohibition. article first, which relates to the apportionment " No person held to service or labor in one of representation. The second is found in seeState, under the laws thereof; escaping into tion ninth of article first, in reference to the another, shall, in consequence of any law or slave trade. The third, and I think the only regulation therein, be discharged from such ser- remaining one claimed, is found in this third vice or labor, but shall be delivered up on claim clause of the second section of article 4th. of the party to whom such service or labor may This matter has been passed upon by the be due." It declares that the States shall not Supreme Court, in the case of Grous v. legislate adversely; and that, in my humble Slaughter, 15 Peters, where the Court, Judge judrgment, is the whole force of it, and the latter McLean, giving the opinion, expressly decides part of it seems to explain the degree of the that the Constitution treats slaves as persons prohibition:- so far are they prohibited from exclusively. legislating adversely, that the fugitive not only If this be so, then not'only is there nothing shall not be discharged from the obligation to in the Constitution which intimates what porserve, but he shall be delivered up. Tllis is said tion of the people shall be treated as slaves, to impose a duty upon the Federal judiciary;, but no Act of Congress might distinguish beand the, sweeping argument in the Prigg case tween the persons who Mnight be so classed is, that whatever falls within the jurisdiction of under it, and the great mass of other personsi the Federal judiciary is within the legislative That is not attempted on the part of this purview of Congress, which I have already dis- statute. It provides that PERno Ns - all perposed of. But it is clear enough that this en- sons - owing service or labor, in one State and joins a duty upon the States alone, and upon no escaping into another, may be seized by manual department of the General Government. I am caption- and in this, we submit, it completely perfectly firank to say - if I may be permitted violates the provisions of the Constitution itself. so far to depart from the argument -that, as a This cannot be tolerated. There is nothing citizen, I accept the Constitution with all its which designates the persons who may be seizedl, compacts and injunctions, and I stand here only but it arms every man who may choose to for the purpose of contending for the Constitu- assume to be the owner of another man, with tion in its purity, and protesting against un- power by mere brute force, to seize him and 192 HISTORY OF THE drag him away from the protection of law. the decision in the Prigg case claims to settle Can it be claimed for a moment that the Con- the rule to the contrary, but your Honors are stitution confers power to enact such a law? aware that I do not recognize that decision as In a free State the. presumption is that every conclusive of these questions. I say, then, man is a freeman. Does this presumption that this statute reduces persons to things, and cease with the approach of one who claims to is-therefore no law. be the owner of a citizen? Dos it not go I claim further that this statute directly vioon up to the ultimate point where he is legally lates the fourth article of the Amendments to proven to be a fugitive, owing service or labor, the Constitution, whic provides that,as claimed? Now it is true that third parties "The right of the people to be secure in their are to take notice* from acts and claims; the Ipersons, houses, papers, and effects, against,unclatim may be notice to them; but it does not reasonable searches and seizures, shall not be destroy the presumption of' the law, that the violated, and no warrants shall issue but upon man clainled is a freeman. I know that in probable cause, supported by oath or afi-irmathis same Pri-g, case, the Court undertake to tion, and particularly describing the place to be say that the title of the master to his slave, searched, and the person or things to be as it existed in Kentucky, is preserved intact seized." in Ohio; but I submit with all (lcebrence, that Again it is in express violation of article this is not and cannot be true. The decision of' five. "N'o person shall be held to answer for a no court can carry the municipal laws of one capital, or otherwise inflnous crine, unless on State into another, and say that when a slave a presentment or indictment of a grand jury, runs away, he wrenches from the statute book except in cases armLinm in the lafid or naval a portion of the law of the State from which forces, or in the millia, when in actual service he flees, and carries it with him, as a sort of in time of war or public danger; nor shall any legal halter upon which the master may seize, person be subject for the same offence to be and lead him back whence he came. Xwill it put twice in jeopardy of life or limb; nor shall be claimed that a man can sell and tran.fer his be compelled in any criminal case, to be witslave in Ohio? or that he may whip him for ness against himself'; no, be deprived of lif, libinsubordination to subdue him' Then slavery erty, or property, iwithoutl doue process of laov; is actually an institution ofOhlio! I say that nor shall privatesproperty be taken for public the instant a slave touches Ohio soil, he casts use without just compensation." his chains - the whole exuvice of the slave from Now am I forced, your HIonors, to stand here him, and becomes a freeman, but still owing and claim that a man cannot, by virtue of a service - not morally, not by virtue of any mere power of' attorney, or of his own unsupcontract, but by this curiously worded phrase ported claim of ownership, come here, and hayof the Constitution - "owing service orlabor;" ing already decided that a certain citizen of he brings with him this obligation as a dark Ohio is his slave - no matter what.may be his stain, a horrid contingency, and through it color, lineage, or condition —be his own bailifi may be seized as a PERSON - but never as a magistrate, jury, and sheriff, and that such a deslave- and BY " DUE PROCESS OF LAW," this privation of a man of' his liberty is not " DUE obligation being proven, may be delivered up PnocESS OF LAW? " If so, there is no constituto his master, and again resubjugated to slavery tional guaranty for the personal security of a, in the State from whence he escaped, but not man, woman, or child in Ohio. in Ohio. While here, for every other conceiv- As to what is due process of law, see 2 Kent's able purpose, he is wholly within the protection Com. p. 3. of our laws. This is the whole extent and I claim, in the second place, your Honors, force that this article of the Constitution that this act is void because it vests judicial permits. A slave cannot be claimed as prop- powers in certain commissioners, who are neierty, because nowhere in the Constitution of ther created, appointed, nor paid in accordance the United States, any more than in the Con- with the requirements of that part of the Constitution of Ohio, is any property in man stitution which defines the conditions upon recognized. The instant, therefore, that a which Federal officers may exercise judicial master in Ohio undertakes to deal with a fughi- functions. See article third. This question tive fiom his service as property, he is with- will arise in the second count of the indictment out color of constitutional right, and should be set forth in the record of Langston's case. The dealt with as a criminal. A fugitive from ser- Government therein count upon a seizure of vice cannot be held as property, not only be- the alleged fugitive John, by virtue of a process cause property in man is not recognized in the issued by one of these U. S. Commissioners. Constitution, but because with property, and I claim, in the third instance, that this statute its incidlents as such, the Federal Government is void because it not only authorizes the recaphas nothing to do, sa'e in the very limited tion of a person by an alleged owner with or manner specified. Congress can, under any without one of these unconstitutional conmiscircumstances, legislate upon slaves only as per- sioner's warrants, but authorizes the master to sons, even if it had full power to legislate in fix his status as being a slave and to return him aid of'the provisions of this clause. I know to endless bondage in violation of the seventh OBERLIN-WELLINGTON RESCUE. 193. Amendment of the Constitution, which guaran- 1'850 provides also, following that construction,' tees a trial by jury in all cases where the value that the owner, or his substituted agent, may of the matter in controversy amounts to twenty in like manner pursue and recapture; - but dollars or upwards-; and here we are not estop- for what purpose? To return him? No:ped by the Prigg case. For the question was for the sole and solitary purpose of takingr him not there made. Judge Story himself since before a U. S. Commissioner, to have, in a declared that that question was not passed qualified manner his status judicially deterupon. (See his memoirs by his son, W.Y W. X mined;' — so that outside of that law the owner Story.) may seize and return him;' but if he acts under Then we ask the discharge of these relators that law, neitherhe nor his agent can restore on the ground that the act; upon which all the him to his!domicil, but he shall talke him before proTeedings against them are based, is uncon- a U. S. Commissioner, who shall first settle the stitutional and void; and we claim that it is un- question of status, and authorize the return. constitutional because Congress had no power When your Honors come to examine. this recto enact any law upon the subject; and be- ord, you will find that the alleged fugitive John cause most emphatically it hadc no power to was sou(ght to be seized, not'outside of the law, enXact a law like this; which in its several pro- but by virtue of a power of attorney under'the visions so flagitiously tramples upon the funda- law, - and there it stops. 1Now it is not suffimental rights of the citizen as guaranteed by cient for this indictment to allege that the fugithe Constitution in explicit terms. tive was recaptured and'held; it must go farAnd now I wish to call your Honor's atten- ther, and allege that he was to be taken before tion to one point more — my third general a commissioner, which it does not. Hence fromn proposition. such a holding it was no crime to rescue him. I claim that even if your Honors should And therefore I repeat my claim, that these adjudge my previous positions unsound, and indictments are fataliy defective under this law, shold hold that Congress not only had power because they do not allege that the fugitive to lcgislate in regard to fugitive slaves, and. in said to have been rescued, was held to service aid of the master, but that it had power to in the State of Kentuckyv, "under the laws enac:t this particular law- so glaringly unjust thereof," nor that he had been seized for the and unwarranted, as we have been accustomed purpose of taking him before a commissioner, to believe it'to be;'still, in looking into this to establish his status. record your Honors will find no crime charged And lastly, I further claim that in the State under that law. The District Court of the of Ohio, and in reference to all slaves escaping United States for the Northern District of from the State of Kentucky, that law is inopeOhio, from which this record comes, being a rative. I claim this under-the preexisting, and court of limited jurisdiction, we have nothing the still existing, and the paramount authority of to suppose in its favor, and if no crime under the Ordinance ofi 787. I need not stop here to the act upon which the proceedings are claimed detail the provisions of that ordinance. But I reto be based is charged; that Court had no mark that that Congress of the Confederation, juri:sdiction of the case. Briefly on this point. representing the sovereignty of the nation, in First. It. does not appear from that record, that whom the title of the North-west Territory vestthe alleged fugitive John, was held to service ed, had the power to make that ordinance. I in the State of 5Kentucky, " under the'laws claim that it was, as it alleges to be, a compact thereof; " and if he were not held to service in for all time to come. I am not here to claim accordance with the laws of the State from that by the full consent of all possible parties which he escaped, then he had a right to es- concerned, it might not be changed; but I do cape, and no one had a right to recapture claim that ino such change, repeal, modification, him, and if any one did recapture him, no or amendment has been made. It was not reoffence could be committed in rescuing him pealed by the adoption of the Federal Constitufrom such custody. For the presumlption will tion, nor by the admission of the State of Kennot be that he was so held to service, in the tucky in 1792, for the people of the North-west absence of such averment, but always the con- Territory were not parties to those acts, nor by trary, because presumptions are always in favor the Act of Congress authorizing Ohio to form a of liberty. I claim that the allegation that he constitution, for that required the new State to was held to service in the State of Kentucky, come in pursuant to the ordinance. And cer" under the laws thereof," is material, and its tainly the adoption of the State Constitution did omlllission fatal. 5 McLean, 460-469.: not repeal it, for that embodies the provisions Second. It is decided in'the Prigg case,: if of the ordinalce in itself. When, where, how, that is to be taken as law, that in the absence and by whom have the terms of this grand old of any legislation whatever, the owner of a charter been set aside? slave has a right, without the color of any I need not remind this Court, that in a process, to pursue, recapture, and return-him solemn adjudication by this Court, it was deto the domicil of his master. That is a judi- cided that the provisions of that ordinance were cial construction of the provision of the Consti- in force. - See 5 Ohio, 419, and also in the case tution. And indeed the Fugitive Slave Act of of Spooner v; McNeil, 1 McLean, 349, thlis doe25 19t4 HISTORY'OF THE trine is solemn!l reaffirmed, and his Honor, II.'TWhere a Court has acquired prior jurisJudge M1cLeanj takes judicial pains to dwell diction or possession of a subject of litigation, upon the perpetual and inviolable freedom thus a coordinate tribunal will in nowise interfere pledged to this soil, cleclaring that nothing, short with the action of such court touching such of revolution can ever plant upon it in any subject. The tribundil which first acquires form- the accursed institution of slavery. I do, jurisdiction holds, it to the end, and it is exclutherefore, stand here solemnly to contend, that, sive. 3 Ohio St. Rep. 105, Keating v. Spink; under that ordinance, which limits in its very 16 Ohio Rep. 405, Merril v. Lake et al.; 9 terms the capture of slaves to those who escape 5Wheaton 532, Smiith v. Mcever; 20 Howard firom some one of the original thirteen States,- 594, Ta)ylor et al.. CLarrol-; 10 Peters 400, Congress had no power to authorize the recap- I-agan v. Lucas; 3 Peters 304, Harris v. tion in Ohio of filgitives from service in Kien- Dennie; 7 Howard 471, Peck v. Jennis; 8 tucky. H-loward 107, Willialms v. Beedict; 17 HowAnid now, with this'brief presentation of the ard 475, Pnllian v. Osborne; 6 McLean 365, points to which I have called attention, and ELx parte Robinson; 4 East 523; 25 Eng. Ch. leaving whole regions of argument untouched, PRep. 474; 3 Paige 199; 5 Id. 489; 7 Idem and leaving also all the grave and great con- 514; 9 Vesey 335; 1 Jacobs 572; 2 Sch. & siderations which gather about this case, and Lef. 229. strongly press for strong speech unuttered, I III. The judgment' of the District Court is submit this-weighty matter with all-interests conclusive. -It cannot be collaterally quesand consequences, to the decision of this High tioned.'1 Ohio St. Rep. 233,'Bank of AVooster Tribunal. v. Stevens; 3 Id. 494, Sheldon's Lessee v.'The Court took a recess until halfpast 2, r. ia. Newton. "The power to hear and determine a cause FIRST DAY. — AFTERNOON SESSION. iS jurisdiction; and it is coram judice whenever a case is presented which brings this power Mr. SWAYNE, in behalf of the respondent, into action." Ibid.; case last cited. declined making oral argument, for the reason See also 2 Smith's Leading Cases -'Duchess that he thought the authorities presented in his of IKingston's case -and the authorities there printed brief must, without elaboration, more IV. The validitd. of a judgment the. soundo o e IV. The validity of a judmoent cannot be than satisfy the Court of the soundness of the collaterally questioned in this way. A writ of positions therein taken, and also because but habeas corpus cannot be inade to perform the recently lie had argued before the Court similar functions of a writ of error. If' the process points at considernhle lengrth. under whllicl the relator is held be regular on Hispintebrifisthis- ^its face, this Court will not interfere in this mode of procedure., 1' Barb. 341, In the matter Supreme Court of Ohio, of Prime; 51 ELng. Coin. Law Rep; 648, 655, Special Session-May 25, 1859. Ex parte Partington; 57 Idem, 215, In re Simeon Bushnlell ] Richard Dunn; 57 lem, 1, E416x parte Cobbet; 68 Idem, 564, 567, Dimes case; 2 Greene 312, D. L. Wightan, Sheriff ofS Habeas Corpus. Peltier v. Pennington; 4 McicCord 233, Ex Cuyahoga County, Ohio. j parte Gilchrist; 1 Watts 66, Comm. v. Leakey; 5 Ind. 290, Wright v. The State; 6 McLean Statement, Points, and Authorities utnder Rule 355, Ex parte Robinson; 2 Paine 348, In the II. (for Oral Arqzument). matter of Martin; 3 Pet. 193; 7 Wheat. 38. V. When it appears, in proceedings upon a S T A T E M E N T. habeas corpus, issued by a State Judge, that the The relator has been indicted and convicted, relator is held under authority emanating from before the District Court of the United States the laws of the United States, the Judge' can. for the iNorthern District of Ohio, of ofiences proceed no farther, but must remand the prisunder the Act of Congress, upon the subject of oner. 21 How. -, United States v. Booth; 5 fugitives from labor, passed' September 18, McLean, 199, Morris v. Newton; 9 Johnson, 1850. He has been sentenced, and is in con- 239,' Ferguson's case; Hurd's Hab. Cor. 198, finement accordingly. The object of this writ Mr. Justice Nelson's charge. of habeas coiptus is to set him at liberty. The VI. The adjudications of the Supreme Court respondent's return shows these facts. of the United States, upon all questions within its jurisdiction, are binding upon the State POINTS AND AUTHORITIES. Courts, and'coiclusive. I. The statute of Ohio, in regard to writs of (2.) The Constitution of the United States Iabeas corpus, expressly excepts and excludes provides:from its operation "persons convicted of somze Art. 6. "This constitution, and the laws crime or offence for which they stand commzitted." which shall be made in pursuance thereof, ancd This is a case of that kind. 3 Howard 103, all treaties made, or which'shall be made, unde:' Ex i)arte I)orr; 3 Pet. 193; 7 Wheat.. 38. the authority of'the United States, shall be t;4,J OBERLIN-WELLINGTON RESCUE. 195 supreme law of the land; and the judges: in' 1793; aiid-the'same:grouds of argument which every state shall be bound thereby, any lthing show the unconstitutionality of one, apply with in,the constitution or laws of any State'to the equal force to thethehother, and the same answer,ontrary, notwithstanding.": must be made to:them." 7 Cushing/ 285, Sim's (3.) Art. 3, sec. 1. "The judicial power. of case; Hurd on Hab. Corp. 196. the United States; shall' be vested in one Su-: (2.) The Act of 1793 was held to be constipreme Court, and in such inferior courts: as the tutional and valid in ~the following cases: — 9 Congress may, from time to time, ordain and Johnson, 67, Glenn v. Hodges, 181.2 (Supreme establish." Court of New York- Kent, Spencer, ThompSec.- 2. "The judicial power shall extend to son, Varness, and Yates); 5 Sergeant & R.' 64, all.cases, in jlaw and equity, arising under this Wi-ight v. Deacon, 1819; 2 Pick. 11, Com. v. constitution; the laws of the Ufnited' States, Griffith 1823' 12 Wend. 314, Jack v.artin, and treaties made, or which shall be made uh- 1834;: 16 Peters, 539, Prig v. Pennsylvania, der their authority; to all cases affecting em- 1842,; 10 Barr, 517,'Kautfian v. Oliver,' 1848; bassadors, other public ministers and consuls; 5 How. 229, Jones v.Van.Zandt4 1847. The to all cases of admiralty and maritime jurisdic- Act of 1850 has beenheld'to be validin -7 Cushtion; to controversies to which the United inFg,2 94, Sim's case;'16 Barbour, 268, Henryv.. States shall be a party;- To CONTROVERSIiES: Lowell;' 21 Howard, United States v.'Booth. BETWEEN TWO OR MORE STATES; between The; case last cited was decided' by'the. Saa state and' citizens of another, state; between premee Court of the United States, last winter. citizens of'different states - between citizens of The Courrt was. unmanizous. They have been so the same state, claiming lands under grants.of upon all occasions, when;the constitutionality of diffeient states; and between a state, -or the the Act of 1 7.93 was before them. It is deemed citizens thereof, and foreign states, citizens, or unnecessary to refer particularly to the numersubjects." ous decisions of the Circuit Courts of the'United (4.) The last clause of Art. 6, provides t.hat States, -in regard to both acts.:They all agree "all executive and judicial officers, both of the \vith tie cases above cited. United States andl of the several States, shall V:III. No court will hold a law to be uncon-, be bound by oath or affirmation to support this stitutional, unless its unconstitutionality be clear constitution. - beyond doubt.: 1' Ohio State. Rep. 82, 83, 84, (5.) The 25th section of the judiciary act of! C., W. & Z. Railroad Co. v. Clinton County; 7 Congress, of 1789, gives to the Supreme Court Idemn, 548, State v. Kennon' et al.; 3 Dallas, of the United States appellate jurisdiction over 1:71; 4 Dallas, 14'; 8 Cranch, 87; 14 Mass. the adjudications of theu:highest State courts, in 345; 16 Pick. 95;'11 Penn: 70; 2 Monroe, 178; the:numerous class of cases'therein specified.: 9 Dana,:514'; 2 Yerger, 623. (6.) The proposition contended fobr on the With such a body of adjudications, and the other side, involves these consequences: - judclment of jurists of' such' learning and ability,'It would make the subordinate equal; or su- sustaining the constitutionality of the law, who perior' to the appellate tribunal. There'would can say that its unconstitutionality is clear' bebe'thirty-two independent judicatories besides yond a doubt? the courts of the Union, with equal authority: GEO.'W. BILDEN, and to expound'the constitution and laws of the N. H. SwrAYxI:, United States. of Counsel for the lesouicldent. The same property, real or personal, recov- t-h ered in a court of the United States, might be: It is but proper to say that:Iessrs. Belden recovered back in a State court. and Swayne were never employed by the ReIf a party be convicted of treason, piracy;: spndent but acted either in behalf of the U. murder, counterfeiting,. robbery of the maile 1l's,t'im. importation of slaves from Africa, or any 6thei States, or of their own motion. offence against the laws of the United States, The State of Ohio, ex rel. In the Supreme any State Judge or Con2miss'ioner?, authorizedto Simeon Bushnell et alis Court ofthe State issue writs of habeas corpus, may issue such v el of Ohio. writ, and set the prisoner free.J Vide 7 Cush. DavidL.Wi hta r 300; 12 Wend. 314, 326' 3 Cow. 753.; a:n SeCranch, 136; 21 How. United States v. Booth:; ioftheCoutyof y- bsorpus. 1 Serg'. & R. 352, Comin. v. Robinson; Hurd's Hab.'Corp. 204; 16 How. 369., State Banl v. ARGUMENT ON BEHALF OF'THE STATE, BY Knoop;'18 Id. 331, Dodge v'. Woolsey.: MR. ATTORiNEY-GENERAL WOLCOTT. VII. The Act of 1850 is constitutional and' MMAY IT' PLEASE YOUR HONORS: - It is valid. See Const. U. S.; Art. 4, Sec. 2; for the to be regretted'that the learned counsel, who Act, see Brightley's Digest, 294.' i thllis occasion represent the Governlment of 6(1.) The question of constitutionality is the the United'States, have (as one of their number saihe under this Act as under the Act of 1793 has- just announced to our' Honors) concluded aw';;e law of 1850 stands, in this respect, pre- not to argue this cause in open court, because cisely on the same gr'undr with the Act of that conclusion depfites'usof all those advan 1 96.,;-: HISTORY:-. THE tages which grow out of an orderly oral discus- thdrity bec assumed by any court, judge, or min — sion, where voice responds to v. oice, and- eye isterial officer of the eleral Government, the looks into eye, the best mode:which the wit -of State: of which the relator is a citizen, and withman has yet devised for' eliciting the truth as in which he is detained, is powerless,, to inquira, between contending parties. But while I: re- into. the -validity of that detention. In other' gret, 1 have no right to complain of their decis- wotids, it is.said -'for the claim presupposes ion. It is their undoubted!prerogative to con- and admits all this that however unwarduct the case on their part inu such way as to rantable miay be the exercise of the assumed them shall seem best, even though the result is, authority, however tyrannical, arbitrary, and unas here, to leave us utterly in the dark as to the lawful the:detention, however directly progrounds on which they rest their resistance to hibited in the particular, instance, by the plain this application;, except. so far as the same may words of the: Constitution;'yet the State tribube gathered from the skeleton "brief of points,"' nals are powerless to redress the acknowledged which was only a few moments since placed in wrong; the victim has no appeal but to the the hands of your Honors' and myself. usurper himself. NolW I submit to your Hon- Ancd now, what is the case before.your Hon- ors, that'the bare statement of this claim is its ors? The State of Ohio, in the exkercise of one own most conclusive answer. For, in efect, of its most, unquestionable attributes of:sover- the, proposition as narrowed down to this pareiFgty, and proceeding upon the representation ticular, case, is that Federal judges may, by asof' two of its citizens., presented, in the appro- Seiting in the form of an adjudication, power priate mode, that'they.r were unlawfully re- to do an act unconstitutional in' itself, bind, clall strained of their liberty by David L. Wightman, persons. whatever, and' preclude them. fromSheriff of Cuyahoga county, has sent forth its inquirin either into the validity of the act done great prerogative writ to that individual, com- or, the existence of the power to do it. manding him to produce before your Honors, But, may it please your Honors, if a Judge, as the repositdries: of the' Supreme Judicial by declaring that he has power to imprison, can Power of the State, the bodies of its citizens, estop all: inquiry into the existence of' that powand to certify to youl'the authority by which he er, he may equally, by insisting that he has so restrains them.. power over property or life, estop all inquiry Respondingv to this writ, the sheriff has here' into the existence of that power. And what is. and now produced their bodies, and for answer.'this power but lhat absolute, arbitrary dominion as to the cause thereof; returns that he. holds over all things and persons, which constitutes them in custody by vrirtue of a warrant issued:'the very essence of despotism? Now, whatever to him by the Marshal of the United States fopr pozwer these Judges may legitimately exercise, the Northern District of Ohio;' whielh warrant is derived from the Government of the United is predicated upon certain proceedings had in'States. That, Governmentis one of limitedl and the District Court of the United States-for that' delegated powers. The authority of its judisame District; an authenticated transcript. of'cial, and all other departments, is defined by -which is incorporated into his return. From. specific metes and bounds; and that there may this transcript it appears that the relators' have be -no mistaking. these limits, they are written been convicted of a violation of the act of Con- down in what. is.called the Constitution; and to gress known as the Fugitive Slave Act, ap- make assurance doubly sure, the same instruproved on the 18th of September, 1850, and mlent declares that all powers not comprehended' were thereupon sentenced to imprisonment in w| ithin these limits do not, belong to it. But to the jail of Cuyahogas county.: w What purpose is it'that this pover is thus speThis conviction and sentence. being the cause cifically bounded in, if the' power so intended to of the relators' detention, the Court are here be- restrained may at anly time.overleap these called upon to inquire into' the validity thereof. limits'? The distinction (said Chief Justice That validit is now' challenged alike by the re-!Mai-shall, in Marbury v.,'iadison) between a lators, and the State of Ohio, which latter alone governmcent of limited and of absolute power l represent-on the ground that the act of is utterly gone, if the defined restrictions do not Congress under which the conviction was had in fact restrain the power, and acts auithorized and the sentence pronounced, is iincompatible and acts prohibited are to be taken as of equal with the Constitution of the United States, and obligation_. Now it' is plain beyond all arg utherefore void. - eant.th tat any adjudication of a: Federal Judge But at the very threshold of the proeceding repugnant, to the Constitution is void, or if not I-am met'with a claim of power on the plart of vo.id that such Judge miay, by his ow n decision, the Federal Government, which, if well fbound- alter the Constitution.. From one or the other. ed, is' an insurmountable objection to any fulr- of these alternatives'there is no escape. It is ther inquiry, but which, I must add, strikes one either'an' absolute nullity to be everywhere almost. dumb with its audacity. It is insisted treated as void, or else instead of a.republican that, whenever, by a return toits writ of lhabeas government -exercising only specially delegated corpus, the tribunal of a State:is advised that the powers, w;e have one whose sway is bounded: relator is detainedl in custody under color of F:ed- only- by its own -will, and have vainly attempted eral authority,'whether the exercise of: that au- to limit a, power. which, i;n its' very nature, is OBERLIN-WELLINGTON RESCUE. 197 nlimitable. Again I ask, then, does a judgmentt But this immnunity from collateral question deof a court repugnant to the Constitution, and pends:sblely'upon the presence of these two therefore void, notwithstanding its invalidity, conditiofns; for if it has not the coistitutional;~~~~~~~~~~~l i. S ~,. la bind all persons and things within its4 apphr-:capacity to hear the cause, or if the party sought ent Scope? To ask that question is to answer to be affected has not been duly brootht into it. in this case the judicial action:of this' Court, then-its judgment concludes nothing. If court is invoked to liberate these applicants. it has this jurisdiction, its proceedings import poxn':the one hand the Constitution Whichyodu: absol'ute verity; if it has not, its judgment is an are sworn to support, prohibits these men from absolute'nullity. When, theri rei in any probeing imprisoned for the cause alleged. While'ceeding in any Court'the judgment-of another on the other hand, the Federal Judge in Cleve- tribunal, whether as between the same parties land says they shall be imprisoned. Which of or. otherwise; is inter posed, eitlier to establish these two is to command the obedience of the or defeat some'right then inlitiatin, the very Court? Is the Constitution superior to the first inquiry always is:'id:;the tribunal, renruling of that Judge, where'the two conflict, or dering this judgment, jurisdicfion? If it had, is the ip2se dinit of that Judge to Overridethe Con- it concludes in the then litiogtion of all rights stitution? That is the simple questioni.' If the'which were within its scope; if it had not, it latter is to control, then an act which, upon the is treated as mere waste paper, and the righlits very thleory of the government, is entirely oid, whlich it sought to adjudicate still remain open is yet in practice' completely' obligatory, an act for discussion'and judgment. No jidgme nts, which the Constitution expressly forbids to be civil or criminal, are exempt froillm this rule.: It done is notwithstanding the prohibition, en- is of absolutely universal applidation'; from tirely efLcrtual. To what purpose, te does the court of a justice:of th peace.up to the the Constitutionitself declare that'it is obliga- highest tribunals. Each; one, whencalled on tory upon you as judges, and why requnire you to recognize the judarmeuit: of: andther power, to swear to suppoit it if,:at the same time, you whether state or' national, ho me: or foreign, are obliged to violate it at the will of any Fed- first inquires and first determines whether it oral Judg?'' had jurisdiction.' No until now, and ii these 1ut then it is said thatlthe courts of the United cases undcir the fugitive act, has it ever been States are supreme; within their sphero;'all agree:hinted, that any court was concluded from to that; buit what then? So also are the State making this inquury because the other tribuCourts supreme within their sphere;''and the nal which render ed the judcment assertedi same argument,vhich proves that the Fedceral itself to have competent jurisdiction. Now if Courts have a right to determine the extent'of the learned counsel w!ho represents the Fedtheir jurisdiction and impose that determnina- eral Government (Col Sway ne) should bring tion on State Courts, proves equally that the' his action against me in a State Court, upon'State Coirts have also the right to determinethel a judgmeiit which he claimed to have reextent of their jurisdiction and conclude the covered acgainst me in the Circuit Court of Federal Courts by that determination. But the the United'States, and:upon the production of questibn here is not of the supremacy of the the record of that Court it should appear affirmFederal Governiment IWithin its sphere, but atively, either thdt in that Court he had sued whether it is supreme be oey o nd it; for the propo- mie to recover a penalty given only by a statute sition implies that the adjudication in the case of this State; or that thesubject-matter being supposed, w asan usurpation of power. And, within- itsjurisdiction- I had never been served may it please your lHonors, the -dogma of the'with process or otherwise brought into Court suprem-acy of the Federa l Courts within their does any lawyer within the'sound of my Yoice, sphere, and their utter impotence beyond it, sug- does even the learned counsel hiimseh, suppose ~gets the: true rule;' fbr it is only the statement, that the'State Court would hold itself oi'r me in aniother form, of the maxim that the judgment concluded by that judgment?' Surely not. of a. eourt of conipetent' jurisdiction is every- Every tyro in the law knows better. In the one where conclusive, save on proceedings directly case' the judgment would be'oid for want of instituted to review it;'while the juidgment of a constitutional'capacity to adjudge'any msuci1 counit which'has not jurisdiction, is, in law, no penalty; in the other for want'of jurisdiction judoment at all. By competent jurisdiction is over the person of myself. Nobodv doubts that. meant, that the court has constitutional and legal But, may it please your Honors, if in an action capacity to determine the subject-matter of the'touching the rights of property, you may in a litigation, and that the parties interestedin that State Court impeach the judgnient of a Federal subject-matter, and whose rights therein are to Court for the want of jurisdiction, a fortiori, be detesrmined, have been properly brought be- may you do the' same thing in every proceeding fore it. When these two conditions exist, it has which concerns'the rights of personal-freedom. jurisdiction. The right to adljudicate the case is If in an action pending before it, a State vested in the court; and, whether that right is Court may inquire whether a Federal Court exercised regularly or irregularly,'erroneousl had power to dispose of an ox or -an ass, how 6r otherwise, its judgment binds all persons and much more upon this grea't writ of habeas corthings" which fall Within its legitimate scope. pus, may it not incquire whether that s/me:court 198 HI STORY: OF THE has power -to dispose,of the liberty of the citi- renounced the.r;ht to prevent'that punishment; zen? WThen, therefore, in response to Bush- but in even these instances, she has retained nell's challenge, made in the prescribed legal the.power'to. inquire -whether this limited mode, - Marshal Johnson says he restrains him authority fbr punishing is kept within its narrow of his liberty under a sentence pronounced by.bounds. In all else, save these special instances, Hiram V. Willson, Judge of the District Court, the State reserved the power to prevent all punit is, a sufficient reply: to say. either generally! ishment not imposed by itself; and in all cases, that' Mr. Willson was no judge at all, or that his includin ig even these, she reserved the right to judicial powyer did not extend to the case in ininquire into the nature of every authority which vwhich Bushnell was sentenced. For if, as to the sought to deprive any citizen of his liberty. particular case hle ha1d no power to render judg- For' it will not be questioned that the general ment, it is precisely the same as if he were not guardianship of the citizen is confided, not to judge at all. NIow slppose he had undertaken the Federal Government, but to the State alone. to try Bushnell without a jury, or, the. offence It follows that the power to which this guardiancharlged was tha4t of. selling game out of season, sixip is intrusted must, as an indispensable conare we to be told that siniply because indoingl dition of its exercise, have the right to inquire this the JudLge claimed to act under Federal into and determine for itself the validity of any authority we are bound to shut our eyes to authority which assmunes within its limits to dethis usurpation of p6wer; that the sentence is prive the citizen of that natural right of-freean estoppel concludinc all'inquiry save onlaw ritc dom, for the security of which it has pledged its of error to review it? Looking, then, only at.most solemn' faith. Chief, and most efficient of the general principle applied daily to the most all the instr ulentalities by which the State assoleimn adjudications of every tribunal, this; serts its sovereignty, and exercises this duty of Court lmust inqulire- and deteremilne for itself plrotection, is the great writ of habeas corpus, whether Jude VW illson hladjurisdiction to award universally called the greait bulwark of frieedom, the judgiment under which these two citizens which has come down to us through many ages, are held' in custody. and which, issuing alwrays in the nallle of the But again; the right of the State to inquire sovereign, was speclally designed to inqrulre by into the v alidity oft any authority imposinl re- what authority any person was restrained of his straint upon its citizens as against every power, liberty, and to deliver. fron all unlawful imprisbe it State, natiolnal, or foreimn, stands on an onment. Tlxis was the sole office: of the -writ even firmer basis, for it'resutls froml the very when the Constitution'w as' fi amed, anci when nature' of sovereignty itself. The first and chief its make -ers s if apprihensive that possibly characiteistic of all soverei(rnty is its right to ulthority to suspend it miolt be inferred from. the allegiance and service of its citizens;. riillt some grant of power to the Fi'ederal Gove rnment fundamental to all other rights of a State, foiron.- commandingly declared that its privileges this its very cexistence. in war or peace continu- should never be suspended except in cases of ally depends. Correlative to, or rather compre- rebellion or invasion. This emphatic prolibi~hended ii this right, is the power to remove any tion speaks alike to every department of that unlawfil irestraint enforced against its citizens, Government -judicial as well as legislative and to the twofokl end that the.State may not be executive. Not only this, but the Constitution improperly deprivedlof his services, and that it of this State has thrown around this writ in like may eficiently dischargeo that supreme and im- terms the same absolute immunity. prescriptible duty of protection, which, as a re- Since, then, the power to inquire into all imturn for his allegiance every State owes to its prl isonlents belonged originally and necessarily citizens. On these two principles, allegiance to to the States; since it has never been and the State, protectionx to the citizen, lests not mere- never: could. be surrendered;. since the constily all sovereignty, but the very social compact tutions, State and Federal, alike declare that it itselef Any nation which lhas wholly surren- shall not be suspenlded, I submit to your Honors dered the alleoiance of its citizens or its cor- that there is no power in either Government to relative incidental riglit to protect them' while abridge the right of the State to inquire into within its territorial limits, has in that very act the validity of everyv authority, Federal, State, abnegated every attribute of sovereignty and or Foreign, which assumes to restrain its citibecome the mere local dependency of the power zens. to which that allegiance and righlt has been sur- Again, if it please your Honors, the right of rendered. But Ohio, thank Gotd, is still a sov- the States to inquire into the validity of every ereign State, and has. therefore never yielded imprisonment of persons held under Federal this right, as she never could yield it, and still authority has been constantly asserted and expreserve her sovereignty, to the Federal, or any ercisedl by every State since the organization of other government. In all the Constitution, I the Government. Persons arrested for alleged find no such grant. I find nothing prohibiting offences against the United States have been itscontinued residence with the States. In a frequently discharged, and you can hardly few carefully guarded, and specifically enumer- open a New York paper without finding cases ated instances, the State has delegated to the wvhere the.State Courts have discharged solFederal Gdvernment power to punish; and has diers or mariners, held in custody by virtue of OBERLIN-WELLINGTON RESCUE. 199 an enlistment under Federal laws. Metzger, draw that citizen beyond the limits of the State though arrested under a warrant of extradi- of his residence, and that no one may interfere tion, issued by the President in supp'osed con- with this forcible capture, even to ascertain the formity with treaty stipulations, and though a validity of the claim so made, except on pain Judge of the Federal Courts (Betts) had held of fine and imprisonment, if it shall ultimately the warrant to be valid, was. discharged by the turn out that the captured citizen, though born State Courts of New York; and still more re- in a free State, and originally free, was once cently this Court, in the case of Collier, has arrested in a slave -State upon suspicion of beaffirmed its undoubted power to discharge per- ing a slave, and finally, no claihant appearing sons held under color of Federal authority. for him, was sold into perpetual slavery to pay The right, then, of the State -to issue this the costs of that very arrest and detention. writ, stands on grounds as firm as the earth Bad as this is, it is not all. This Act has itself. When it goes forth, let all men know a depth of atrocity which no plummet shall that it is the State, exercising the highest of all ever sound. It provides a safer remedy for its attributes, which sends out its great preroga- the man-stealer. If lie do not choose to risk tive writ, - inquiring into the condition and the private caption, he may obtain a warrant restraint of its citizens, that no man to whom it of arrest from a Federal Commissioner, seize is directed, be he Marshal or Chief Justice, the alleged fugitive, take him before the CoinKing, Kaiser, or President, may omit to give missioner, who is to hear the case in a summary heed to its peremptory behest, that no power mianner, on such ex parte affidavits or deposion earth can absolve him from obedience to it, tions as may be produced, and if these satisfy or shield hiam from the consequences of disobe- him of the existence of the claim made against dience. the fugitive,.he' is to issue his certificate thereof, Taking it, then, as established that your which is made conclusive evidence of the claimHonors —exercising the SUPFREME JUDICIAL ant's right to remove, and confers upon. him POWER of the State, have the right to inquire absolute authority to make that removal; and into and determine the- validity of every pre- upon his mere oath that he fears a rescue, the text under which the' citizen is held in cus- Marshal himself' is to return thle alleged fugitive, tody I next proceed to ascertain the nature and may, if needful to accomplish that end,:call and authority of that adjudication upon which to his aid the whole naval and military force of the sheriff of Cuvahoga county assumes to the United States.'But even this is not the restrain these two citizens of their freedom. worst. The intending kidnapper. may go beBushnell's conviction rests upon an indict- fore some Judge of the most distant State, and ment containing a single count, which, in sub- upon ex parte evidence, perhaps his own alone, stance, charges him with obstructing the master obtain a record reciting the fact of some alleged of the allerred fugitive, without any process or slave's escape -a record which shall absolutely color of process In the exercise of the right foreclose the questions of slavery and of escape alleged to belong to the master.by the Federail therefiom, - "with a general description, of Constitution, of seizing his;runaway slave such convenient certainty as maybe," of the alwherever he may find him, and taking him leged. fugitive, and, under it, seize any nlan back -by force to the State from which he who corresponds to this description, drag him escaped. Langston's conviction rests on an befoire any Circuit Judge of that circuit, though indictment containing two counts, the first of resident in another State, and theni upon mere which is precisely similar to the single. count proof of the captive's identity with this " elin Bushnell's indictment; while the second eral description of convenient certainty," olbtain charges, in substance, that Langston had ob- a warrant for the removal of the.free citizen to structed a Deputy-Marshal of the United the State fioml which the ex parte record asserts States, in the execution of a Commissioner's he escaped (to be enforced with the whole warrant, issued to him and held by him, comin- power of the Federal Government), and there manding the arrest of John, an alleged fugitive retain hint in perpetual bondage. Not- only from service. may no man, even by a, resort to judicial proThese indictments are each founded on the cess, attempt to inquire into the lawfulness of Act of' Con(ress known as the Fugitive Slave the takingy, but no tribunal, State or Federal, Act; the provisions, of which, it is therefore may, either by the writ of habeas corpus or necessary now briefly to examine. otherwise, molest the claimant'in the exercise [Mr. Wolcott here stated the effect of each of of this power, for the prohibition of the eighth the sections of the act, which being generally section is without limitation, and includes all known, are here omitted, and then proceeded.] officers and courts, State and Federal. Indeed, From this analysis of the'provisions of' the the Supreme Court of the United States, in its Act, as it has been construed by the decisions recent opinion in the Booth case, has declared hereafter to be adverted to, it results that any that the allowance of the writ in such a case man may come into one of the free States, and Would be an- act of "lawless violence." The upon his mere claim that one of its apparently citizen is thus- not only without the means of undoubted citizens, resident here during many protecting himself, but ally endeavor to detain years, is his slave, or owes him service or labor, him long enough to ascertain the validity of his 200 HISTORY OF THE caption, is made a. criminal act. This enact- detained under a commissioner's warrantmenrt, under pretence of preventing the escape thouoh such allowance be made in the plain of bondmen, strikes down every safeguard of and nperatives discharge of your judicial functhe liberty of' the citizen. Does the citizen tions - for the same authority which made you hold his liberty by this frail tenure? Yes'! if judges absolutely requires this writ, at your your Honors do not here and now interpose. hands - are liable for this judicial act to fine Other refiume on all this earth, there is none. and imprisonment. These and not less than You or I, or the Governor who sits here, or these are the proportions of the doctrine on our Senator in Congress (Mr. Pugh), who also which the claim of the Federal Government is sits here, or any other citizen, may, at any mo- now urged. ment, be seized and rapt away to another State, This doctrine it is my duty, as-most assuredly under the provisions of this Act, for all alike it is my pleasure, to resist here and now, with are subject to its operation. Does any say that all my mind and will and strength. In the the supposition is improbable? I reply, first, name of the STATE, the sovereignty of which No. Under its provisions, freemen have not is thus assailed in its most vital part; on behalf unfrequently been adjudged to be slaves, and of its citizens, all of whose liberties are thus imsurrendered to that condition. Second, that perilled, I am here to maintain that the power since the Act itself, by its very terms; authorizes now claimed on behalf of the Federal Governseizures in the very instances just mentioned, ment has no existence, and that its exercise unthese instances may fairly be supposed to test its der color: of the authority of that Goijvernment validity, and their probability or improbability is is a gross usurpation of the powers retained by beside the question. But, beyond this, if this the States, and a flagrant violation of the natuvery fate does not befall one of your Honors or ral and guaranteed rights of the citizen. myself, it is not because of any exception or The grounds upon which the claim of this qualification in the Act itself, exclulding its appli- power in the Federal Government is fo;unded, cation to you, or me, or any free citizen, but are twofold, namely, first, that the States have because no scoundrel has either the baseness in and by the Constitution delegated to the or the audacity to attempt its application, so master of every escaping slave, authority to that we enjoy our exemption from iLs operation pursue him in any State to which he may flee, against us, not because we are freemen; not be- and there without process and by force seize cause the law protects us any more than it does him, again reduce him to the condition of *the negro against this arbitrary seizure; but slavery, and retake him to the doemicil of the merely for the reason that no one sees fit, from master; and second, that the States have also whatever motive, to assert dominion over us. by the same Constitution, delegated to the Con-:But this awful power is one not exercised P gress of the United States power to legislate in by'this State under its own control as against aid of this rigoht of reclaiming fugitive slaves. its own citizens, for the State had disabled it- Now if thlis right of recaption be not given self from that; but authority to assert it within by the Constitution itself to the master; and if the territorial limits of this State is claimed by this power to legislate for the reclamation of another distinct and independent government. fugitive slaves be not conferred on the ConThe asserters of this power, therefore, maintain grtess; very obviously the act under which not merely that the liberty of the citizen is ab- Bushnell and Langfston have been convicted, solutely at the control of every villain who may, the one of obstructing this right, the other not by ex parte and perjured evidence, swear away only of that but of resisting process issued his freedom, in a proceeding of which he has under legislative provision in aid of that right, no notice, in which he has no voice, which he is unconstitutional and void. Being void, it cannot impeach, but that the State to which the could confer no jurisdiction upon the District citizen owes allegiance, and to whom it owes Court, and the sentence against: the relators the correlative duty of protection, has not sim- under which they are now detained in custody, ply, of its own voluntary choice, submitted to would be a nullity.'the exercise of this power within its limits, but The great question, then, may it please your that it has disabled both itself and the govern- Honors, is: Does the Constitution delegate to ment to whom. it is said to have delegated this the master this right of recaption, and to the absolute dominion, from any right to inquire Congress this power to legislate in aid or for the into the propriety of its exercise in any given enforcement of this right? To determine this instance, and has also delegated authority to it is necessary to examine the provisions of that the government assuming this power to punish instrument. But before entering directly into as criminal any one who shall invoke: the pro- this examination it will not be amiss to advert cess of law, applicable to all other cases of im- to certain established principles in the light of prsonment, to inquire into that proceeding. which this examination must be conducted. PFor under the recent ruling of the Supreme 1. In discussing the powers of the General Court of the United States, the great writ of Government it must be always borne in mind habeas corpus itself is virtually declared to be that the Constitution was not formed by a unconstitutional, and your Honors for allowing people who were then living without a Governit - where vou are advised that the person is ment, but by the people' of several distinct and OBERLIN-WELLINGTON RESCUE. 201 independent States, each of which had a full gency would be fully provided for'by a simple and thoroughly organized government in opera- agreement between the States not to press the tion therein, each having full power to declare exercise of their reserved powers upon the subwar, make peace, contract alliances; establish jects indicated, beyond a certain defined limit. commerce, and do every other act which free From -the very necessity of things, then, we and independent' States may of right do. These might, a priori, -have determined that the ConStates, independent in themselves, had entered stitution would consist, first, of grants;of power into a confederation under which they had to the Government created by its provisions; formed a union for the purpose of maintaining second, of prohibitions upon powers not deletheir independence, then the subject of perilous gated; and third, clauses of compact, by which and deadly struggle. After this was achieved; each State eovenants with the other, so to exerand the outward pressure of a common danger eise or forbear the exercise of powers, neither which had largely contributed to preserve har- delegated nor -prohibited, and, therefore, still remony of relations was removed, the articles of taineld, as not to affect, in certain defined ways, confederation were found wholly inadequate for subjects which, though not of national concern, their continued government as a nation. Under were yet of importance as affecting the exterior the influence of this reason, these independent relations of the States to each other. All of States again resolved to attempt the formation the constitutional provisions do accordingly of a more perfect union, and accordingly sent range themselves under the one or the other of deleoates to a convention assembled'for the pur- these three great and natural divisions. Now, pose of firaming a Constitution which should.very evidently, no one of the constitutional secure that end. Meeting thus'as sovereigns, provisions operates to give any power to the this object could be accomplished in no other Government, unless -it range itself under the mode than the surrender by each of some por- head of grants, so that no power as-to any given tion of the power which had hitherto pertained subject is to be imputed to the Government to it in virtue of this sovereignty, while still re- simply because that subject has been made a taining all those attributes not necessary to the matter of regulation, for that regulation maray efficiency of the common government it was consist either of a total prohibition of power to designed to found. The Convention thus assem- the States over it, or of a simple compact bebled, did, in process of time, agree upon a con- tween the States to do, or omit to do some parstitution to be submitted to the several distinct ticular thing, the execution of which rests with sovereignties for their ratification; and these the States alone. But again, the: government sovereignties did, after prolonged and critical created by this constitution consists not merely examination of its provisions, and with more or of delegated and limited powers. The States, less reluctance in each instance, yield its final as if to guard against the known tendency of assent to the new frame of government created all power: to overpass:. prescribed limits, have by that Constitution. This Government, there- made no general grants' and then undertaken fore, consists simply of powers theretofore per- to hedge it in by netes and bounds, but has taining to the States, but delegated by them to specifically expressed the subjects ~and objects the new governments. But, then, it was neces- to which- the power of that government should sary to do something more than simply confbr extend. Thus, whenever it was designed to active powers upon the new Government. confer power over. any subject, that subject has Powers not at all necessary to that'would still- been selected, and calling it by its proper and -remain with the States - the exercise of which ordinary -name, the States said, "' The Congress miohlt violate the fundamental principles of jus- -shall -have power to borrow money, declare war, tice and fireedom, or be inconsistent with the to establish post-offices, to punish piracy on the exercise of the powers given to the General high seas, etc." The Federal Government is, Government- and this condition would be met therefore, one of enumerated as well as limited by simp)ly disabling the States firom the exercise -anc delegated powers. of these powers. But then there would still: - Still again, the powers granted, being granted remain a class of subjects, which, not being of by independent sovereignties, it not only folnational concern, called for the exercise -of no lows as the result of. all just reasoning that all national power, and therefore required the del- powers not granted are withheld, but the Conegation of none to the General Government; stitution, not content to rest upon a mere logical and which, on the other hand, required more or result,- however irresistible, has itself declared less of regulation by the respective States them- that, -the " powers not delegated by it to the aselves, so that they could not properly or safely United States, or prohibited to the IStates, are renounce their power over them; and yet reserved to the States respectively, or to the which at. the same time so far concerned the people." maintenance of harmonious relations between From this undeniably correct view of the nathe States, or the people thereof, as to render ture of the Constitution, it follows, First, that some common understanding necessary con- as the Government is one of limited and enucerning the extent to which each -should exercise imerated powers, and as every grant is in deroits undelegated and unrenounced powers upon gation of State sovereignty, it has no authority these subjects of common interest. This - exi- save such as is expressly granted, or as is mere26 202 HISTORY OF THE ly subsidiary to the execution of the expressly Magna Charta, - older even than the common granted powers; or, in other words, no substan- law itself, - wherever the right of man to his tive, independent power, the exercise of which liberty is the subject of question, every doubt is is one of the ends of government, can be im- to be resolved in favor of'liberty. Alike in the plied. Such a power has no existence, save as bond of the apprentice, - in the laws relating it is founded in express grant. This rule nec- to serfdom and villanage, - in the statutes and essarily results from the Constitution, and with a judicial proceedings, which deprive a person of single exception, hereafter to be noticed, has his liberty as the punishment of crime,- every been uniformly sanctioned and acted upon by word is tobe constructed strictly as against the the Supreme Court of the United States. power to'deprive him: of freedom. Even as 2. That as to all powers not thus expressly against the acknowledged criminal the law perdelegated to the United States, or expressly mits no inference or intendment or presumpprohibited to the States, or the exercise of tion, but every thing is to be construed in favor which has not been regulated by. any of the of freedom. Still more, then, must this be so in clauses of compact, each State has the complete, a constitution framed by a people who had just exclusive, unlimited, and undeniable jurisdic- emerged from a seven years' war, to establish tion and power over all persons and things with- the self-evident truth, that all men are born free in its limits, to the same supreme extent which and equal, and which the Constitution avowed has ever pertained to any;nation in any age. upon its very front in words of fire, that it was As to these powers, the States stand to each ordained to secure the blessings of liberty to other and to the Federal Government as abso- the people of the United States, and their poslutely fobreign nations. terity. Now we have these four great rules,.With these two general principles, applicable which are to guide us in discussing this question alike to all discussions of the powers of the of Constitutional power, -First, that the GenFederal Government, kept constantly in view, eral Government has no power save that there still remain two other established rules of which is expressly delegated by the Constituspecial application to the particular subject now tion. Second, that all powers, not expressly under discussion; which subject, be it remem- delegated,, or restrained by absolute prohibition bered, is the power of the master to recapture or qualified by compact, belong to the States in by force in the free States his escaping slave, all their original supremacy. Third, that and of Congress to legislate in aid of this right, slavery is of so odious a nature that the power or, more generally speaking, of the General Gov- to recognize its existence can be derived only ernment to protect the relation of master and from an affirmative, positive grant, permitting slave within the limits of those States which for- no other interpretation; and lastly, that honorbid its existence. ed maxim which requires every doubtful "The state of slavery," said Lord Mansfield, phrase to be construed in favor of liberty. pronouncing judgment in the great case of' These four rules, all converging to one result, Somerset, "is of such a nature that it is incapa- enable me tp declare, and I speak with the unitble of being introduced on any reasons, moral ed authority which has established these rules or political, but only by positive law. It is so - an authority greater and more decisive than odious, that nothing can be suffered to support can be found to sustain any other juridical propit but positive law;" and every court of every osition- that if the power has not been given State, slave and free, has echoed and reechoed to the master to recapture and resubjugate his these immortal words! And when one pauses a slave in a free State, and to Congress to legismoment to reflect on it, no wonder that even late in aid of this recaption and resubjugation; the slaveholder himself acquiesces in this state- if, I say, this power has not been delegated in ment of the sole condition upon which it can express and affirmative terms- terms of the found its existence. Looking at its bad emi- most unequivocal and imperative import -then nence, well may the jurist, no less than the mor- the power has absolutely no existence; and this alist and statesman, declare that this wrong can cruel act, which, though aimed at one race, have no existence in any system of government strikes down all, is as vain as it is wicked and except by positive and express sanction. It can cruel. This leads me directly to the one ques-.found itself on no inference, however strong; it tion to be decided: Has the Constitution, by an can derive no support from phrases of ambigu- express grant, vested in the master power to ous meaning; but he who claims its existence make a raid into every State in pursuit of a or recognition in any form, however qualified, runaway slave, and finding. him, to drag him must be able t'o show some clear affirmative en- back without process; or has it given Congress actment, which will admit of no other sense or power to enforce his surrender? This question interpretation. is to be decided, not upon argument, not on the But a second principle of the common law, weight of reasoning - for it neither requires or - applying to the judicial resolution of all ques- admits of reasoning- but simply upon inspections touching the personal rights of man, is tion, and by the use of the eyes. Does the Conalso to be kept constantly in view. By a rule stitution say, in so many words, Congress may older than the Constitution, - older than the do this thing? Let us see. I look first at the Declaration of Independence, - older than eighth section of the first article, which contains OBERLIN-WELLINGTON RESCUE.'203 the general enumeration of powers granted to the base upon'which that sovereignty rests, and Congress, and I do not find it there; nay, no the impregnable safeguards with which the libone pretends that it i.is there. I pursue my erty of the citizen has been hedged about. Now search through the other parts of the Constitu- let it be supposed, though the supposition seems tion, reading it article by article and section by quite impossible, that I am utterly mistaken as section, but I do not find it there. JIn all the to each and all of the four principles upon which Constitution the word slave or slavery is not I have asserted that the power of Congress over there; nor is there any other equivalent word -this subject is to be ascertained and determined, or phrase which aptly defines.that relation, and let it be granted that powers may be imputed nothing. else. Even those words which may, to Congress by implication, that. slavery may by construction, perhaps, be deemed to include exist in virtue of doubtful phrases or equivocal slaves, equally express the condition of freemen enactments,'and that in construing the Constivwho owe service or labor in virtue of voluntary tution no intendment is to be made in favor of contr act obligation. Nor is this omission acci- freedom, then I have to say that even if you ap-dental. All the world now knows, and I shall ply to the Constitution the same rules of interhereafter show, that every word and syllable pretation by which you would ascertain the which meant slave or slavery, and nothing else, sense of a mere huckstering bargain between -was carefully and anxiously excluded from the two traders, forgetting all narrow prejudices in Constitution, fbr the very reason avowed by favor of freedom, it is still easy to show that Mladison, who uttered the general sentiment of even upon that mode of interpretation you can the Convention, "that it would be wrong to ad- find no warrant for the exercise of this power..mit into the Constitution the idea that there All who insist upon the existence of this power could be property in man." But even in those derive it from the last clause of the second sec-.clauses of doubtful phraseology, which in one tion of the fourth article, which provides as folsense may be construed to include slave; not,'be lows:. it remarked, as property, but as persons; even "No person held to service or labor in one in those; I say, I find no mention of the rights State, under the laws thereof, escaping into anof recaption; no mention of the master, or of other, shall, in consequence of any law or regCongress, or of any other department- of tlhe ulation therein, be discharged fiom such ser~Federal Government; still less do you find any vice or labor, but, shall be; delivered up on. grant of power to either over this subject. Vain- claim ~of the party to whom such service or laly do you read the vwhole instrument in search bor may be due." of any such express grant. It is not there; and Now, upon looking at the sections of the connobody pretends to say it is there. Still less stitution which immediately precede and follow does anybody pretend that this power to reclail this clause, I find various provisions in which figitive slaves, either by the master or by the mpower is -expressly given to Congress over va-r Congress, is subsidiary to any expressly grant- rious subjects, but in this clause not only is Coned p)ower. But this being ascertained, the ex- gress.not mentioned, but there is no grant of am-nation- of the question ends. By each and power to any one. Upon the maxim of expresall the rules of interpretation I have invoked, sio umius, etc., the ordinary rules of interpretaand their correctness, no one will doubt, if the tion, andi the laws of common sense infer, that power is not expressly granted- if it do not since pover is given in relation to'other subjects sttandl out fiolnm the text of the Constitution in provided for in the clauses imnuediately before characters so unmistakable that he who runs and after this,. and lone is given as to this, none may read tihe power has no existence. was intended to be given. If they intended to Since,- then, it is not expressly granted, - give the power in this instance 3vhy not say so, since it does not so stand out, there is nothing as they said in all other cases? Si nonz dixit -left to discuss, nothing to be. done, but to de- non voluit. ]But again, upon looking at those dare the result which the settled rules inexor- subjects in -respect to which power is affirmaal1y aflix to this absence of express grant, tively given, I find them all to be either of na-.namely: -that the power claimed does not exist, tional concern, that is, affecting the General and the act is therefore VOID. THAT is the con- Government and necessary to its efficiency, or elusion, and, it is as irresistible as Omnipotence subjects in which the citizens of' all the States itself. The wit of man cannot get over or have a common interest. But here the subject around it, and here this argument ought to close. is neither of. national concern, nor is it one in Why should onle truth be demonstrated more which the citizens of all the States have a comthan once? Upon this ground alone I mightl mon interest. On the contrary, this subject well claim that tho applicantsare wrongfully de-.was. one of purely'domestic policy - it was talned in custody, and here rest their right to entirely a local affair; the institution which is an immediate and unconditional discharge. But thoulght to be intended by its circuitous phrase~ as the question now under discussion is one ology, was one to which a portion of the States which so nearly concerns, not only the sover- were utterly hostile, and this feeling was groweignty of the States, but the personal rights of ing stronger daily -and it was therefore one the citizen, it may not be wholly unprofitable in respect to which it was not proper to confer to show still farther the immovable stability of any power.:Hence no power was given. 204 HISTORY -OF THE Still again, upon loolipn,, at the langua'ge of States at a'gire.dn ti-me; and nothiing more or less! the clause itself alone, it is seen that it con- Congress is not once mentioned; no matter of templites: national interest is mooted, and least and last of First. That ini some of the States persons are all, is there -the slightest hint from which by any held to labor or service under the laws thereof. process of torture Congrressional or Federal juSo far, of course, the clause hans plain reference risdictioln can-be implied of the relations here to Stcates alone. adjusted'. Just before and immediately followSecond. That persons so held under the ing this section, three times in the same'article, laws of one State may escape' into:another:Congress has delegated to it certain powers, State. i Still again, havin reference to.States but not a mention of power here', except indionly. vidual State power. What could be more conThird. That in the State to wvlich the person clusive lupon this question? thus held to service under the laws of another Anal then, when I' go back to the true'rules State has escaped,. there may be laws or regula- by d-hich this great instrument is to be intertions which would operate to:discharge Mlim preted, and find the result to be the same as by from that labor. or service; still, again, having the most- ordinary rules, then I may say, not reference to States and State laws or regula- untruly, that this result is absolutely impregnations. ble; that this clause is one of compact merely, Fourth. Then providing that such State laws which the States alone can execute; and that or regulations shall not have the effect or con- the Coniress has no mlore power to proviie for ~sequence to discharge the escaping person firom the caption of fu'p iives from service within the the labor to whicli he is held' in another S&ate States, than the- Parliamelnt of Great:Britain, undcer its laws;;still having reference to States' or a " Pow AIrow" of the Camanche Indiamis. ancd nothing else. Now if the -section stoppedi Conclusive as tlis is, this is by no means all. here no one would pretend that the least iota The.history of this'clause confirms, with iTreof power was intended to be: conferred upon sistible certainty and foice, the result arrived. Congress. It does not, howveet,. stop here, but at fiiom an e- aiinnation of its language alone, -without break or pause proceeds: in the sanlie This provision, and the other- three which pre-'sentence to add by way of antithesis, " but celde it' in this article, are, as the C(ourt well'shall be delivered up," etc. To whom is this know', by no means new in tthe Constitution.'addressed? Obviously to' the same object That which relates to the effect of records, exwhich had before been addressed, for no new cept as to the grant of power,- that; which reone is introduced'as the subject of the corn- lates to the privileges of citizens,:and that mand. " Shall be delivered- up." By' whom? -which relates to-othe extradition of' fugitives No one is specified, but by the laws of well- from justice, were taken from the old articles speaking, not less than by the' laws of the struc- of confederation, while that which relates to the ture of langiuage, the clause has necessary ref- surrender of fugitives firomn service is'taken erence to some power which has been named from the Ordinance" of 1T787.; Whilat. did these before;. and that power is the States alone. clauses mean originally, in the places from which'Somebody "shall not discharge;" somebody they came? Were they compacts orgrants of " shall deliver upi" and the body addressetl in power,? Let us see, and first of those contained the one case is the body addressedl in the other.'in the articles of conflderation. Now who "shall not discharge?" TheStates, The first article of tle confederation estabfor so says the clause in terms. Then, who lislhes the style of the confederacy, the " United shall denliver up? The St:ats3 plainly.- But States of America."'The second article is the how manyll of the' States? N ot all, nor' any -key to the whole, and deserves special attention. two or nreo;e of them at any one time, any one It declares that, "' Each State retains its soverfuiritive, but the solitary State:whichever it be, elgnty,: freedom, anti independence, and every'into which at any time, any given fugitive may -power, right, and jurisdiction, which is not by'escape, from any other State. this confederation expressly delegated to tlhe Have I not then established my position tllat United States in- Congress assembled."' No imeven if you may resort to inferences.to attribute" plied powers here? Jealous of the Government a power to Congress, if you: may ignore the they were about'to' create, - limited as it was, great rules which apply to all questions of:per- and weak as it proved to -be; -the States' insonal freedom, and if you may interpret this in- -scmt this limitation as the first, fundamental construmenilt by tlhe same rules which you apply to dition of the confederacy, and by it sternly and any ioimmercial compact, -a contract of copart- explicitly forbid the assumption of any function nership, a constitution'of aoency, that the re- or power save tliait expressly delecgated, and suit is still the same, aid - on no rule of con- carefully retain to the States every scintilla that'struction can you-find hlere- any power in Con- is: not in terms granted. There can, then, be gress. For what can be plainer' than that here no; difficulty in' ascertaining what powers be-'is a compact between thei States upon fa mere longedl to the Congress of the old confederation. matter of comity -and good neighborhood, pro- They are carefully enumerated; we have only viding a rule for the adjustment of, certain' re- to read the sehedule; none others exist. Let lations which might' be sustained by any'two us go on. In -the third article, "The States OBERLIN,-WELLINGTON RESCUE. 205.severally enter into a firm league of friendship be subject to the incidents of ordinary leoislawith each other" for their common defence, tive enactment, the Congress, after a %Brief and "bind themselves to assist each. other preamble, reciting that for extending "the against all force," etc., — a simple treaty, com- fundamental principles of the civil and relipact, or obligation, but no grant of power to gious liberty, which. form the basis whereon Congress. these republics, their laws and constitutions By-the first clause of the fourth article, the are erected; to fix and establish those princifree inhabitants of each State, except paupers, ples as the basis of all laws, constitutions, and,vagabonds, and fugitives from justice, are enti- governments which shall forever be formed " in tied to all privileges and immunities of free:citi- said. territory," —. proceeded, not to enact an zens in the several States; still a clause of com- ordinary statute, but to ordain and declare pact, but no grant of power.. that the following articles shall be'considered The second clause of the same article is. in as articles of COMPACT between the original these words:- States and the States and people of said "If any person.guilty of or charged' with territory,:and forever remain unalterable, treason, felony, or other legal misdemeainor in except by common consent. The first five. any State shall flee from justice, and be found articles of compact define, in a few brief in any of the United States, he shall, upon de- words, the great principles which underlie all mantd of the Governor or executive power of the free, government, and then last and greatest of State from which he fledl, be delivered up, and all comes'the sixth article of compact, containremoved to the State having jurisdiction of his ing, first, the memorable ordinance which conoifence." - secrated the soil of the North-west to freedom No power is here delegated expressly or oth- forever; and Second, this proviso, " that when erwrise, to the Congress to deliver up the person any. person, escaping into the territory, from guilty or charged; but, under the, second ar- vwhom labor or service is lawfully claimed in Mtie, each State retains that power as: entire, any one of the original States, such fugitive unquestionable, as if the confederation had may be lawfully reclaimed, and conveyed to never existed. This clause was also simple the person claiming his or her labor as aforecompact, and I desire special attention, to be said." Now, this was undeniably a mere,iven to this.. compact, and it is so distinctly named; conThe third and last clause of this article pro- ferring no power on the Congress of the Con-.'ided that "'full faith and credit shall be given federation, not only because simply a compact, in each of these States to the records, acts, etc., but because.the United States is not even a of the Courts and Magistrates of every other party to it. This clause was copied from an State." No grant of power here, and Congress'old New England compact, made in 1642, therefore could not enforce or regulate this between Massachusetts Bayr and some of herclause of compact. Each State retained in -all neighbors. But it granted no power, being its fulness and vigor" every power, jurisdiction, simply an agreement to return each other's and right" over the manner in which.this agrees runaway- servants. Dane copied a familiar ment should, be performed.. So much for the provision of New England policy. In all its force and effect of these clauses as they: stood mutations it was simply compact. Now the in the articles of Confederation compacts' all substance of each of these four articles of the - no power over them in the Congress- full compact, wvhich we have been- considering, and absolute power.over them in the States, three of which existed in the- Confederation, andl in them' alone. And how was it with the..and one in the Ordinance of'87, found its way provision relating to "fugitives from servicei" into the Constitution, forming the first and as that stood in the Ordinance of 1787? That second sections of the fourth article, as we Ordinance was passed on the 13th of July, have already seen. How came these agree1787, wlhile the Convention that framed.the ments of the old compacts of'77 and'87, into Constitution,was still in session, and. in the the Federal Constitution? What change did midst of its labors. Its first provisions are they undergo in passing there?'Have they in devoted entirely to framing a temporary gov- any way been transformed from mutual coveernment which should suffice during -the condi- nants between contracting parties, into grants tion of territorial pupilage. Having.by a' few of. power by parties surrendering what they carefully-drawn provisions accomplished this had retained to themselves for ten years, to a eobject, the Congress, casting its eyes into the new government, then for the first time distant future, proceeded with a wise and createdl? If so, how, when, by what'apt words. provident forecast, to establish certain great' were these mutual stipulations transformed into principles which should forever secure to the grants of power? Let us trace the history of millions who were thereafter to inherit it, the ithe progress of these covenant obligations until rights of personal liberty, the security of prop- they became incorporated into the present erty, the freedom of conscience, the blessings Constitution. But before doing this it may be of education, and the right to self-government. well to premise that during-the whole ten years In order that these principles might not- be of the old Confederation, no complaint was deemed either to partake of the character, or made. of the non-performance by any of the, 206 HISTORY OF THE States of the clauses of this compact contained the {aith due to records, the iumunifies of citiin the articles, or any apprehension expressedi zens, or the surrender, either of fugitives from of such non-performance' in the fulture, or any service or justice, once alluded to, and this, charge as to the terms or effects of them sug- though the: very object of all these different gester as desirable from any quarter,' save -in drafts was to bring before the'Convention the a single instance. On:the 25th June,'78, views of their authors in respect to the imatters South Carolina moved to insert the word upon: which provision should be made in the "whit " after the word "free,'' in ttie clause Constitution. These plans were:stipulating for the immunities of the free inhabi- Edmund Randolph, 29th May. tants of one State in all the other States, so as Mr. Patterson (N. J.), lth5 June. to limit the' operation of the compact. to free Hamilton, 18th June. wkaite inhabitants, on which' proposition the Randolph's amended, 19th June. States voted - ayes two, noes eight, Ilividedl Committee of detail, 1 Rep. 26th July. one, and so the motion was decisively rejected. " "' 2 Rep. 4th September. Nor during this whole period of ten years was'All-of these' plans were discussed and reany desire expressed to add to these stipula- ferred to the appropriate committee, and on the tions any agree'ment for the reclamation'of G6th of August, a month after, what are called fugitives from service, though in many. other thb compromises, were settled, and all difficulrespects the articles of Confideration were the ties overcome. This committee of five- of subject of vehement disputes among the States, which John Rutledge, of South. Carolina, was approaching at times to the very verge of arbi- chairman - reported a constitution: entire, of trauilent by battle. In this coindition of ientire which the fourteenth, fifteenth, and sixteenth asrsatisfaction as to these ca uses of compact now ticles were as: follows;: uinder discussion, the convention first met at -.Art. XIV. -" The citizens of each State Philadelphia on the 14th of Mlay, 1787, and on shall be entitled: to all privilegees andi mimunithe 25th of that month oroatnized by the elec- ties of citize,in. the several States." tion of' George lVIashinug'on as its President, Art. XV. -" Any person chare l withtreac and commenced its labors. On the 2-9th of son,f-clony, or high misdemeanor in any St'ate1 May, Charles Pinckney, of South,;Carolina, who shall flee from justice, and shall be found submitted the first draft of'a Constitution,- in anlly other State, shall, on deml iand of the ecwvhich became the basis of the further action of ecutive power of the State fi om wvhich he fled, the Convention, of which the twelftlhiand be delivered up and removed to the State haythirteenth articles were as follows: - ing jurisdiction of the off'ence." X I.- " The citizens of eachl State shall be: Art. XVI.-" Full faith shall be given in entitled to all privilege's and immunities of citi-s each State to the ats of the legislature, and to zens oP the several States. Any1 person charged the records and judicial proceedings of the with crimes in any State, fleeing from.justice to courts iand magistrates of every other State." another, shiall, on demanid of the Executive of These articles ale the same as the articles of the State from which he fled, be delivered up, confederation, excefpt as to immunities of citiandl removed to the State having juirisdiction of' zens, and are in every respect idUentical With the offence." Pinckney's draft, excepft that one of his articles XII. -' Full faith shall be given: in each is here divided into two. oStill, as befbre, State to the acts of the Legislature, and to the clauses of compacte; still' no gi'ant of power records and judicial proceec(ings of the courts, asked for; still no liint fieon any source that the and magistrates of every State."' reclaeation of fuoSiti-es fi om ser s'ice should' be Except that the words free inhabitants in the provided ior in any form. This report was refirst clause was changed to 1" citizens,'" and ierred to committee of tlie whlloIe, and, August some merely verbal alteration in other respects 28th, these articles came up in their order for of the same clause, not at all changing its. effect, discussion, and. here is what transpired-: these clauses are identical in all particulars: with I read fifom the tlhird volume of Madison the provisions in the articles of confederation. Papers, page 1447, every word that' transAs to the two relating to ffigitives from justice, pirecl: - and the eff6ct of records, there is absolutely no " Article fourteen (which related to the imdifference. They are, therefore, still clauses of munities of citizens) was then taken up. Gencompact, - nothing else; and no intimation yet eral Pinckney (Charles Cotesworth)' was not of an intent to transfbrm them to' grants of satisfied with it. IIc seemed to wish some propower, nor any. suggestion yet made.fom any vision should be included in favor of property quarter, to' provide in any form, either by in slaves." grants of power or simple stipulation, for the Did any one' second this suggestion? No. surrender of fugitives from service. For, as It was received with silent contempt; for, withyet, no such provision existed anywhere, the out the utterafice of'another word fiom any Ordinance of''87 not yet having, been adopted. quarter, the Convention proceeded to vote on But let us look still farther. Six other plans the article; and adopted it as it'stood,-nine were submitted to -the Convention, but in no States voting aye, South Carolina uttering a one of' these other six was the subject either of' solitary no,: and Georgia being divided.'What OBERLIN-WELLINGTON RESCUE. 207 next? Still reading the Madison Papers, we cognizance and jurisdiction of the State wheresall see: - in the said act was done.' "Article fifteen being then taken up, the "On the question for committing article 16, words,'high misdemeanor' were stricken out, with Mr. Pinckney's motion, nine States'voted and the words,'other crime' inserted, in order aye. iNew Hampshire andl iassachusetts alone to comprehend all proper cases; it being doubt- voted no. ful whether' high misdemeanor' had not a "The motion of Mir. Randolph was also corntechnical meaning too limited. - mitted, nemirne contradicente. "Mr. Butler and Mr. Pinckney moved to re- "MlAr. Gouverneur Morris moved to commit quire' fugitive slaves and servants to be delir- also the following proposition on the same subered up like criminals." ject':"' Mr. Wilson. This would oblige the Ex- "' Full faith ought. to be given in each State ecutive of the State to do it, at the public ex- to the public acts, records, and judicial proceedpenlse. ings of every other State; and the Legislature "Mr. Sherman saw no more propriety in the shalll, by general law, determine the proof and public seizing and surrendering a slave or ser- effect of such acts, records, and proceedings i' vant, than a horse. and it was committed, izemine contradice'nte." "Mr. Butler withdrew his proposition, in or- He-Ire, then, we see that Madison wanted a der that some particular provision might be grant of power over the subject of judgments made, apart from this article. and records, and so did the majority. No one;s Article 15, as amended, was then agreed to, intimated that it was there already; but the nenzine contradicente.5' clause was recommitted, for the very purpose Here is every word- that transpired on that of giving it. This committee afterwards resubject, but still no hint that the clause should ported back a clause substantially like that be changed from compact to grant of power. proposed by Gouverneur Morris, which was the The next morning (Aug. 29), "Art. 16," same, in effect, with the clause as it now stands; (that which relates to the effect of records, etc., and then all three of these articles were sent and I still read from the Madison Papers) being to the committee of " style and arrangement," taken up, where, for the present, I now leave them. "Mr. Williamson moved to substitute, in place Now, how did the compact relating to the of it, the words of the articles of confederation delivery of fugitives from service, which was on the same subject. He did not understand taken from the Ordinance of'87, find its way precisely the meaning of the article. into the Constitution? The Madison papers " Mr. Wilson and Donctor Johnson supposed shall tell us. On the same 29th of August, the the meaning to be, that judgtients in one State reeord says:should be the ground of actions in other States, "Mr. -Butler moved to insert after article and that acts of the Legislatures should be 15th,' If any person bound to service or labor eluded, fobr the sake of acts of insolvency, in any of the United States, shall escape into etc. another State, he or she shall not be discharged "Mr. Pinckney moved to connect article 16 from such service or labor in consequence of with the following proposition:' To establish any regulations'subsisting in the State to which uniform laws upon the subject of bankruptcies, they escape; but shall be delivered up to the and respecting the damages arising on the pro- person justly claiming their service or labor,' test of foreign bills of exchange.' vlich was agreed to, nenuinze contradicente." " Mr. Gorham was for agreeing to the article, And this is every word that was uttered in and committing the proposition. relation to this clause, either on this or on any " Mr. Madison was fol committing both. IIe other occasion during the entire convention, wished THE LEGISLATURE 11GHT IBE AU — with a single pregnant exception, shortly to be TIIOIIZED to provide for the execuliois of judg- stated. A bare reading of the clause, and an. ments in other States, under such regulations immediate, unanimous assent to its provisions.. as might be expedient. He thought that this That is the whole record. might be safely done, and was justified by the This provision of Butler's, the Court has, of value of the Union. course, noticed, is substantially like that con"' Mr. Randolph said there was no instance of tained in the ordinance, and was undoubtedly one nation executing judgments of the Courts taken by Butler from that instrument w. hich of another nation. He moved the followingr had been adopted by the Congress of the Conproposition:- federation, then also in session, only forty-seven "' Whenever the act of any State, whether days before lie introduced it into the convenlegislative, executive, or judiciary, shall be at- tion. It was then still compact, and nothing tested and exemplified under the seal thereof, else. No mention of Federal Government, such attestation and exemplification shall be much less any grant of power. Havinig been deemed in other States as full proof of the ex- thus agreed to, this clause was also sent to the istenee of that act; and its operation shall be committee of "style and arrangement," to binding in every other State,. in all cases to which, as we have already seen, the other three; which it may relate, and which are within the clauses taken from the old articles of confed 208 HISTORY OF THE eration had also been'committed. The func- advert briefly to some considerations which that tion of this committee (of which Benjamin history suggests. Franklin was chairman): was precisely what-'its: If either of the clauses which now constitute name imports. Its sole duty was to see that the the;second section, contains any grant of power yvarious provisions which had been adopted by to the Congress, so did the first: section befbro the convention should, without any change of any grant was added to it. Congress already mneaning or effect, be expressed in apt lan- had the power to prescribe the efifet of records guage, "style," and then " arranged " in a nat- as the article stood originally, if it has it now - ural and orderly manner. WAVhat did this coml- power either over fugitives from justice or sermittee do with these four clauses? After set- vice, or the immunities of citizens. But so tlinr the style, but still preserving the effiect, thouoht not Madison, who desired a grant; they proceed to "arrange " the ordler in which Pinc;kney, who first' brought it before the Conthey shall be placed, and this is how they did vention, and the Convention which ordered thcat: They took the clause relating to recordls, fthe article recommitted, that the grant might which, until then, had stood last in order of the be added. All these clauses were originally fouir; but to which *a grant of' power had, in marticles of compact in confederation or ordithe mean time, been added; and put that at nance; as first reported to the Convention they the head of the list as a distinct section. They, were still articles of' compact; but on reflection, then took up the clause relating to fugitives the Convention agreed to add'to one of them a from service. Addl that clause to the one re- grant of power, and not to the other three; lating to fugitives from justice, and to that and this one clause which then stood last they again add the stipulation relating to the immu- then make the first, and say that Congress shall nities of citizens-; and these threoe stipulations have the power to deterniine the mode of provtley constituted as the second section of that in and thle effect of the public records of' the' article; thus grouping together all those clauses States. NowV why was power given them in which constituted merely articles of compact express lainguage in thleat one clause, if they had into one section, -but separating into a distinct it alreadly in all the clauses? and they had it section, and placing, at the blead of the list in all, if they had it in eitler. Did l't Madison what, though originally a compact, had been and Randolph and Franklin, and the rest of purp1osely transformed'by express words of these men, have sense enough to know if it grant into a delegation of power. was t'ere already? And if there already, But from this mere order of arrangemelt, would Pinckney and Butler and Randolplh, one sees at a glance that the committee of style theo chiefs of the slavee-hold ing interest, have and arrangement thouitht there was sornethino consented to tlle adcliionl of the express grant in the first section, ind'epenldent of its subject- as to oine of these clauses, unimnportant to the matter, which distinruished it from the other slave-holdling States as such; and by this very three which they grouped iIlto a section by, f.et of express grant iln one clause have cast themselves. What was that'? The one had a(1 doubt as to the existence of the power in grant of powoer in it; the ohers hcld none. A another clause, important to them alone? Nol very obvious and conclusive grounld for dis- nobody understood there was any power there, tinction. and if the Convention had wanted it there, it In this order, the order in which they now would have done as it did w;ih the first clause stand - these sections were reported back to - said in terms: and" the Congress shall have thie Convention. AVhat did the Convention do power to prescr;be thie manner in which such withl them? The clause relating to fihgitives delivery shall be made." They wasted no firom service, as reported back, read: " No per- words, but they never omitted any when they son legally held to service or labor ini one meant to give power to Congress. State, escaping," etc.; but the Convention And there was no reason'rwhy they should struck out the word " legally," and inserted ask the power. Judge McLean tells us in his after the word " State" the phraseoloy, " un- opinion in the Prigg case (page 6;O) that from der the laws thereof," as it now reads, for the a -very early period, fugitives from labor were reason, says Madison, that " some thouglht the claimed and delivered up by the colonies under'legally' equivocal, and favoring the idea that a spirit -of comity or conventional law.' And slavery was leCal in a nmoral point of view." this statement is confirmed by the fact that no With this single change- one by the way of complaints upon this subject were made in the the (leepest significance in its bearing on othher convention that the topic was never alluded questions yet to be discussed, - the Convention to but twice (luring its session (28th and 29th adopted these clauses just as they were reported Auoust) when. the convention had arrived back, and just as they now stand in the Consti- withlin less than twenty days of the close of tution. This is the veritable history of each of its labors, and that the whole discussion thereon the provisions which constitute the first and on both occasions could not have occupied ten second sections of the fourth article; and the minutes in all. The South, therefore, might lesson which it teaches cannot be mistaken or well have been content to secure, by comforgotten. pact stipulation, a continuance of the samo But before leaving this subject, I desire to spirit of comity which had -worked so satis. OBERLIN-WELLINGTON RESCUE. 209 factorily for them in the past, and the north- in or out of the convention, supposed in 1787, ern delegates with all their determination not that this clause contained any grant of power. to foster slavery or recognize it as a matter Had the Northern States imagined that by asof national concern, might well be equally con- sentint, t his constitution they were thereby tent to stipulate that they would continue to do conferring upon te; Federal Government the precisely -what they had been voluntarily and power to enter their territory in pursuit of a habitually doing from a' very early period of runaway negro; to employ the whole mtilitary their history, the manner of delivery being still and naval'power of the United States in that as theretofore, left to their own exclusive regu- pursuit; to subject their houses to search; to lation. That is the reason why this provision override their own municipal laws and regulawas adopted nemline contradicente. If it had tions; to strike powerless the writ of habeas been supposed that this clause gave any power corpus - to deny the right of trial by jury; does to Congress, it would have been kicked out of'any onebelieve that it would have received the the Convention. Does not all this make a clear assent of a single' State, nay even of a single case? If not, will somebody tell'me how- freeman in- all those States? Why, to speak thle language remaining substantially the saine of no other names,' Samuel Adams, thunderiig — this clause' did iot convey power in'July, out from lMassachusetts, and Patrick Henry,'87, and did grant it in September,'87 two Virginian as he was, responding from Virginia, months later? At the same time, I would like would have rocked this continent from end to to know how Roger.Sherman and -Elbridge end, till, of this elaborately contrived structure, Gerry were induced to put that power there? niot one stone should have been left upon anWhy, six days later, when the clause apporl other. And here I leave the history of this tioning taxes' and representation came up: again clause; but, before doing so, I desire to express for discussion, the word "servitude" whmich my obligations for the strongest points which it originally stood there, was unanimously strick- furnishes to the literally exhaustive argument en out, and the word " service" unanimously of the lamented Rantoul on the same topic. If inserted, on'the motion of Randolph, a Vir- there is any truth in history, any force in reaginia, slaveholder, for the avowed reason that son,.this clause is to-day what it was on the day the former'phrase was -" thought'to express the in which it first saw light, a compact stipulation, condition of slaves, and the latter the obliga- and not a grant of power. Now, if to the retions of free persons;'while, at other times, sult already attained from a consideration of Madison and Mason and other Southern men the text of the Constitution under any rule of had declared their purpose not to recognize the interpretation -known to the law, I add the coexistence of slavery in the- National Constitu- incident result attained from the history of the tion; and is it to be supposed that these men, clause itself, the conclusion that Congress has' and this convention, intended to give, or thought no power over this subject, and its corollary they were giving, power to this Government to that'the' applicant is unlawfully'detained in keep up a continual raid and foray through all custody, is established with all the completenessthe States for fugitive slaves? Is it conlceiv- and certainty of a mathematical demonstraable that they meant to constitute the catching tion. of negroes as the first function of this free But then I am told that, however absolute Government, and that that Government should and irresistible the diemonstration may be, it be broken up the moment it failed to discharge comes too late. Some of the State Courts, and that duty? Are we to believe that one half of the Supreme Court of the United States, it is' the convention, just out of the blood and fire of said, have ruled the other way. So much the the Revolution, with the smell of its gunpow- worse then, be it said with due respect, for the der and the marks of its shot upon their gar- State Courts, and even the Supreme Court of ments - a Revolution begun, colitinued, and the United States. If the result at which I achieved to establish the inalienable rights of have arrived be the true one, and I submit this personal liberty, would have so far belied their to the judgment of the Court, then'it is absoprinciples, their instincts and professions, as lutely of no importance to the success or stawithout any cause, without any inducement, for bility of that demonstration what any Court no one asked or desired that this power should has said or ruled about it. If they have debe given to Congress, as to -make themselves cided contrary, their decisions, of course, are and all their posterity voluntary parties'to an erroneous, and they beat in vain against its eternal national slave hunt? AWhere is the steadfast base. There are such cases. But is evidence for this? Not a jot or tittle can be this Court to override the CONSTITUTION, befound anywhere. Why, from all the debates in cause other courts, no matter of what rank or all the State conventions, down through all the how many, have clone so? If a wrong adjudidiscussions before the people, through all the cation is made in one case, must every other letters written or journals kept by the public like case, therefore, be also wrongly deteror private men of that day, no single word or mined? If one uman starts upon the'dow-nward letter has ever been produced from which it road, is every other manl in the universe to folcan be inferred that any man, large or small, low till the precipice yawns sheer? When and slaveholder or non-slaveholder, sane or insane, how, in this blind adherence to acknowledged 27 210 HISTORY OF THE error, is the right ever to be established? Set- then sat with closed doors, and no journal of its tiled? TWhy, no question which concerns consti- debates, if any were kept, has ever been pubtutionial freedom can ever be settled till it is set- lished. But at length it came down to the tled absolutely right. You may pile decision IIouse in the simple form of an act to provide on decision till from the summit of the mass for the extradition of fugitives from justice. you can scale the heavens, but it will avail Some astute slaveholder seeing the opportunity nothing against the inherent, irrepressible pow- for a valuable " compromise," added a second er of the Constitution to vindicate even against section, providing for the extradition. of fugijudicial chicane the guarantees with which it tives from service, and the North were coolly has fortified the liberties of the citizen. At presented with this alternative: - some time -I know not when, perhaps it may " We, the South, will protec from punishment be now- there will be found some Judge, some all your runaway criminals, unless you give up Court - oh! may it be this Court! - which all our runaway slaves." shall, by a few fit words so fitly spoken, as to Under this pressure, I am sorry to say, the carry conviction to all hearts and heads- es- act in both sections passed into the forms tablish the RIGHT at once and for all coming of law. Thus this famous (Or why not infaagges. -.. mous?) act found its wiay on the Statute Book. Let us see, however, precisely what the cases This history of its passage suggests a reflection cited are, and what it is that they are said to not irrelevant to the case. have "settled." The cases referred to by the Though the clause in the Constitution stood counsel for the Federal Government as having precisely the same in 1791 that it had been durbeen decided by the State Court, are four in ing the ten years of the confederation, and number: Wright v. Deacon, 5 Serg. & Rawl. 62, though during these ten years no State had be, in Pennsylvania; Commonwealth v. Griffith, 2 fore objected or could object to its want of power Massachusetts Rep: 11; Jack v. Martin, 12 to surrender, yet we here find it made for the Wend. Rep. 314; and 14 Wend. Rep. in New first time. Looking at the offence which the fuYorkl, and lastly, the Simms case, 7 Cushing, gitives had committed, there can be no doubt of again in Massachusetts. These are all in which the cause of the refusal. He had kidnapped a so far as my researches have extended, the negro, and it is no strained inference to add, question of the power of Congress to legislate. had reduced him to slavery; and thus Virginia, upon this matter, has been the subject of discus- in order to protect the.man-stealer against the sion by any State Court of the last resort. consequences of an act done in the interests of Other cases there are in which the Fugitive slavery, committed a direct aggression upon the Act of 1793, has been acted upon; but none Constitution, and this first aggression was cunother, I think, in which the question now made ningly made the pretext of another aggression, was discussed. Of these cases, the first three still in the interests of slavery, by inducing arose under the act of'93; the last under the Congress to usurp the power of providing for act of 1850, and this last case I shall leave the reclamation of fugitive slaves. And here, for consideration to a later period of the argu- and then commenced the first of those assaults ment. upon the integrity of the Constitntion, which -Before, however, examining these cases, it have been constantly renewed with firesh vigor will not be amiss to state the history of the act every day, until what with Prigg decisions, and the effect of its provisions. and Dred Scott decisions, all of its ramparts have In 1790, some Virginian kidnapped three free been breached, and that instrument, designed negroes from the State of Pennsylvania, and to be the great charter of freedom, has been carried them into Virginia. I-e was indicted converted into an immense' nachine, which opfor the offence in the proper court in Pennsyl- erates chiefly in two ways; one in the catching vania, and thereupon the Governor of that of runaway negroes, the other in planting this State made a requisition in due form, on the "abomination of desolation" in "firesh fields Governor of Virginia for the surrender of the and pastures new." But to recur to the act of kidnapper. The Governor of the latter State'93. The third section of the act in substance, affecting to have scruples about his power to authorizes the owner of a fugitive from service surrender, consulted the Attorney-General of to seize the fugitive and take him before any that State, and finally, upon his written opin- Federal judge residing Within the State, or ion, declined to make the surrender, on the before any magistrate of any county, city, or ground that he had no power, under the Consti- town corporate in which arrest is made; and on tion, till Congress should prescribe the manner proof being made to the magistrate that the perof its exercise. The Governor of Pennsylva- son seized doth owe service tothe claimant, it nia forwarded the correspondence to President is his duty to give certificate thereof, to claimWashington, who laid it before Congress. A ant; which shall be sufficient warrant for rebill covering this subject, originated in the Sen- moval of fugitive to the State. The last section ate; but by whom it was introduced, favored or visits with a penalty of five hundred dollars, for opposed, what was the original form, what were the benefit of claimant, any one who shall obthe changes by amendment, what the discus- struct or hinder him in so seizing fugitive, or sions upon it, we know not, since the Senate.rescue fugitive from him, or conceal or harbor OBERLIN-WELLINGTON RESCUE. 211 fugitive after notice. As before stated, all the view this judgment. This is the whole case; State adjudications cited save one, arose under and upon this simple statement it is obvious that this act which, be it noted, depends for its effi- the only question before the Court was the vaciency, wholly upon the action of State authori- lidfity ofj this act of Pennsylvania. Accordties, fbr in most of the free States you can only ingly, the very first question considered by the find a single' Federal judge, and in the great Court, was as to the effect of the constitutional proportion of the cases, it would be quite provision upon the rights of the owner of an impracticable to take fiugitive before Federal escaping slave; and the Court unanimously held jude. - that this provision of the compact so far exeNow, let us look at the cases decided under cuted itself as to confer upon the owner the this act. [Mr. Wolcott here subjected each of right of recaption; and, consequently, that the these cases to a rigid analysis, slowing the act of Pennsylvania, which attempted to proprecise facts, and questions involved, and then hibit and punish the exercise of this rifght, was prozeeded.] Thus, may it please your Honors, void. Now, when the Court had held this, the it is seen, that in none of these cases had any case was decided; and no question could posFederal functionary undertaken to execute sibly be made in that case as to the power of this act, and that each of these cases, if they Congress. No matter whether it had or had "settle" ally thing as to the power of Con- not power, when it was once held that Prigg gress, settle only the one point, that Congress had, under the Constitution, without any legishas power to devolve the duty of deliverinlg u.p lation, State or Federal; nay, in spite of legisfugitive slaves upon State mcagistrates and State lation, the right to seize Margaret, that case officers. Let this result of the cases be espe- was ended; all other questions were coram non, cially kept in mind. jdice; and every thing that is said about the Next in the order of time, we come to the power of Congress is the purest obiter'; wvhich, famous Prigg case, 16 Peters' Rep. 650, decided: however forcible as a mere argument, carries by the Supreme Court of the United States, and with it no weight as authority whatever. which it has also said, "settles" fhe question. This case, then, " settled" nothing'as to the So much stress has been' everywhere laid on power of Congress, but leaves that question this case that it must be thoroughly examined; just as open as before the case was decided. and, by the blessing of God, I mean to do it It still remains, however, to examine the obiter justice.: - opinion expressed' by the Court, not because Let us first see the precise question it in- authority, but as presumably the strongest prevolved. Pennsylvania, in 1826, at the request sentation that can be made of the argument in of the State of Maryland, passed an act pro- favor of the existence of the power. viding for the extradition of fugitive slaves, At the very outset of the case, it is openly through the action of its own State, judges, and confessed that, in order " to free the case firom officers, of which it is now sufficient to the pres- difficulty,": it is necessary to resort to a new ent purpose to state, that it punished, by the irule of construction, exclusively applicable to rmost severe penalties of fine and imprisonment, this clause, without reference to those which any person who -should - except in accordance generially apply to all of its other parts and prowith the provisions of that act, or of the Fugi- visions. But what authority had the Court thus tive act passed by Congress in'93 - carry any to ignore all the rules previously established by coloredcl person out of the State with the intent' its owan uniformly concurring decisions, as to redluce him to the condition of a slave. those alone applicable to the interpretation of Prigg and his co-defendants were indicted constitutional provisions? and why is it that before the proper courts of York county for forci- the rules which lead to right conclusions in all bly taking away Margaret Morgan, a colored other cases, are to be openly repudiated here? woman with intent to reduce her to. the condi- The truth is, and it is right to speak it boldly, tion of a slave, contrary to this act. The jury that the Court well knew that any rule heretoreturned a special verdict, finding, among Other fore recognized would absolutely exclude the things, that Margaret was formerly a slave in idea of any power in Congress, and as it had Iarylanld; that five years before the seizure predetermined to come to -the opposite conclushe had escaped into Pennsylvania; that the sion, it began its work by throwing these rules defendants, as the constituted agents of her to the winds.'Having thus liberated itself from former master, had seized AMargaret and children all allegiance to the rules of reason, the law of -one of whom was born more than a year after logic'and its own declared canon of interpretathe mnother had escaped -took them by force tion, the Court proceed directly to the oft-cited into the State of Maryland, and there delivered provision of the fourth article. the mother and her children as slaves to her Its first proposition, and one that underlies fornmer master. Upon this: verdict the court be-' its whole reasoning is,:that, " Historically, it is low rendered judgment against defeindant, pro -well known. that the object of this clause was to forma, under special legislative act, and, after secure to the slaveholder the complete right and some intermediate proceedings, not necessary to title to their slaves as property in every State be stated, a writ of error was prosecuted out of into which they might escape," -" and that the the Supreme Court of the United States to re- full recognition of this right was so vital to the 212 HISTORY OF THE laveholdling States, that it constituted' a funda- THE CHIEF JUSTICE -Mr. Pinckney, of mental article, without the adoption of which South Carolina, said he would not vote for alny the Union could not have been fbrmed." Constitution unless it protected property. in It is quite difficult to'speak of these two para- slaves. graphs respectfully, and yet with that fidelity THE ATTORNEY-GENXEnAL -This.statement to truth from the. obligation: of which no one of Pinckney did escape my attention. But the can absolve himself, - that fidelity requires me fact that no one went with Pinckney, is of the to say, that no greater mistake, as to undeniable last significance. I do not understand your historical fact, was ever committed, than is em- Honor to say that there was any one save bodied' in those two assertions. - Pinckney took this ground, and this solitary reAll the world now'knows, and I have already mark of a solitary man upon a solitary occasion, shown, with what painful and anxious care the certainly furnishes no justification for the broad framers of the Convention - slaveholders and assertion of Mi\r. Justice Story, that the adoption all -Madison and Mason; and even Randolph, of such a provision was fundamental to the forthe special and ablest advocate of the slave- mation of the Union. holding interest - excluded from the' Constitu- But to:proceed. Upon this twofold mistake tion'the idea that there could be property in of fact, the Court assume that this clause must man. be so constructed as to etfcct the object erroneBut, again, so far is it from. being' true that ously imputed to the convention in adopting it, this clause was deemed vital to the slaveholding and so they afflirm " that it manifestly conteminterest, that it was not even named in the Con- plates the existence of a. positive unqualified vention till it had been in session. more than right on the part of the owner of the slave, three months, and within less, than sixteen days' which no State can in any way restrain,- qual-:of the time when the Constitution was reported ify, or control," and that any State law or State complete; that the subject was never men- regulation, which interrupts, limits, delays, or tioned save by two slaveholders - Butler and postpones the right of the owner to the immePinckney; — that it never came before the diate possession of the slave, and the immediate Convention except on two succeeding days;'command of his service and labor, operates, pro that the whole discussion on it could'not have tanto, a discharge of the slave therefrtom. The occupied ten minutes; that no complaint was question can never be how much the slave is made that any State had: hitherto refused to discharged from; but whether he is discharged surrender fugitives; and that it was agreed to from any, by the natural or necessary operation neni. con. for the obvious:reason that it only em- of State laws or State regulations. The quesbodied a stipulation to continue that spirit of tion is not one of quantity or degree, but of comity which the States had theretofore volun- withholding or controlling the incidents of a postarily observed in respect to the same matter. itive and absolute right. This matter was in no sense one of the compro- Just consider this, proposition for a moment. mises of the Constitution, and was never hinted If a State, undertaking to discharge the obligaat till long after all those compromises had been tions of this compact, arrest one supposed to be definitely settled; and not, indeed, unitil after a fugitive,: gives notice to the supposed master, all the provisions deemed essential to be incor- and when he comes, says to him, "Sir! we have porated in the Constitution had been agreed on, arrested this'"man as your fugitive slave, and and referred to a committee to report back in now you have only to satisfy us that he is your due form. The compromises were five:- slave, and we will deliver him over to you; but 1. Power to regulate commerce. we can't give him till you do show that." This 2. Prohibition of duties upon' exports., condition of delivery, it is said, " operates pro 3.'Weight to be assigned to the States. t t anto a discharge," because it detains him from 4. Basis of taxationand'representation. the "immediate possession of his master." You 5. Power to prohibit Af'ican slave-trade.' cannot, it is said, detain a man claimed as a And' this subject had nothing to do with either.' fugitive' slave, even to, inquire whether he is a Founding'imyself on these undeniable facts, I slave or not; for if it' shall turn out that he is am justified in affirming that: the assertion, that such slave, then you have been discharging him the adoption'of this clause was a fundamental pro tanto from the service and labor he owes his condition of the Union, has no foundation what- master! Shall: I stand here and beat the air? ever. - Shall I' waste my strength and your Honors' paTHIE CHIEF JUSTICE - -MrlWoleott, I think tience over such a proposition as this? But you have omitted one statement that was made this is the foundation of the conclusion that the in the Convention. States.have no right to legislate. TTIIE' ATTORNEY-GENERAL - By sheer in- But again, this arguluent, if good fbr any advertence, then, if your Honor please! i thing, cuts up: by the roots the power of ConCHIEF JUSTICE- Of course, sir; but there gress to legislate.:No one will pretend or admit is a statement which: I think you will find has that Congress has any more power to discharge, escaped your attention. absolutely or pro tanto, the claim of the master, THE -ATT'OiNEY-GENERA. --- Possibly; will than have the States. But if the power to legyour Honor please mention it? islate,.when vested in the States, implies the OBERLIN-WELLINGTON IRESCUE. 213 power to, regulate, that is, to prescribe condi- erty, a chattel, aied nothing else. In Ohio, tions, so also does the like power when vested then, by this decision, John was not a person; in Congress; and if the provisions of a State it was therefore no offence to rescue him, for enactment, requiring the master to prove his the fugitive act speaks of "persons" only, and claim.before a local magistrate, are, pro tanto, these applicants having committed no crime, a discharge, so also are the provisions requiring must be discharged. Thus, this Prig cease, in like proof before a commissioner pro tanton aclis- its holding that an escaping slave is still a slave, charge;;and if the one is for that reason income as he was in the slave States, falls into the inpatible with the Constitutioi, so:equally is the evitable absurdity of Withdrawing such slaves other. from the operation of this clause, which applies Having in this way arrived at the conclusion to"' persons" only. Such is its suicidal conthat the States have no power to legislate, the struction. But to proceed. Court next proceed once more to affirm "that This decision to the contrary, I affirm that the clause puts the right to the service of labor John was' a'" person "' here - still owing serupon the same ground and to the same extent vice, if you please,'to his former master in Kenin every other State'as in the State from wvhi'ch tucky, but yet a person and nothing else. The the' slave escaped, and in which he was held to Federal Constitution calls him a "person," the the service or labor. If this be so, then all the fugitive act calls him a "person," the indictincidents to that right attach also; the owner ments now before your Honors call him a must therefore have the right to seize, and re- "person," the conviction under which these possess the slave, which the local laws of his applicants are confined is void' if he is not a own State confer upon him, as property; and we " person," and most of all, God made him erect all knoiw that this right of seizure and recap- and stamped on him every attribute and chartion is universally acklnowledged in all the acteristic of manhood. The laws of Kentucky slave-holding States. Indeed, this is no more may deny his personality, and treat him as than a mere affirmance of the principles of the property, but these laws have no extra-territocommon law applicable to this very subject." rial operation. When, therefore,, John left Then, after quuoting Blackstone, he proceeds: Kentucky he left that local stcatus which the "' Upon this ground we have not the slightest local laws alone gave him while there. The hesitation in holding, that, under and in -virtue laws of Kentucky -were left in Kentucky, for of the Constitution, the owner of a slave is certainly. they could not cross the Ohio rivclothed with entice authority, in every State in er. The moment, then, John touched Ohio the Union, to seize and recapture -his slave he became invested with the characteristics whenever he can do it without any breach of which the Constitution of this State and the the peace, or any illegal violence, In this Federal Constitution impressed upon him, with sense, and to this extent, this clause of the Con- these and none other, since these alone bear stitutiol maay properly be said to exclude itself, sway on the soil of Ohio.. and to require no aid from legislation, State or How do these regard him? The Constitution NationaL." of Ohio pronounces him a man, and, save as to Now of this monstrous proposition I have to the:single right of sufi-a.ge (anid even that he say again, not only what everybody now knows may acquire by residence, if he be less than to be true - that the Constitution nowhere re- half black), he stands here. on an equality with cognizes property in man, and therefore no- the Governor of your State. Subject to the where.recognizes the right of private recaption, clause in question, which I will presently conwhich is incident only to property- but that sider he has all the rights and is entitled to this very clause affirmatively excludes all pos- all the protection which our laws "extend to sible idea of such recognition. - For upon whom any of our citizens. He may sue and be sued; does -this clause, by. its very terms, operate? contract and be contracted with; acquire, hold 6Persons," not property - MEN, not chattels. and enjoy. property which: even his master may vWhy, if this man whom Bushnell undertook to not touch; give and be given in marriage, and rescue, and whom Lang ston undertook to res- rear up children which, thank God, are all his cue, was not a man, a "PERSON," within the own. How does the Federal Constitution reordinary meaning of that, phrase, then he is gard him? Still as a man, a "person:but as iot comprehended by this clause; and how is a person owing labor and service i~n Kentucky, it that they have been indicted, tried, and con- and under its local laws, to his former master. victed of an attemnpt to violate, this clause, by. All that the Constitution of the United States rescuing a:. person'".- so the indictment calls requires is that Ohio.shall not discharge this the fugitive "John "- - ithin its operation:? person from the obligation of labor.and service I know, that according to the Dred Scott case, which le owed in Kentucky under its laws, and still more emphatically by this very Prirrgg and shall, on "claim" of the party to whom, case, John is not a "person," but a " thing,". by those laws, his labor' is due, deliver up this -for this Prigg case declares his status in the " person " this man. It does not recognize free States to be precisely what it was in the the fugitive as bound to labor here in, Ohio for slave States. But in the slave States, John his master, but as still owing it in Kentucky, was not a " person," he was an article of prop- not elsewhere, and it requires Ohio to deliver 214 - } HISTORY OF THE him up, that he may be returned to Kentucky, local law follows the fugitive here, so do all. and there, in that State — render the service AVhat some of these incridents are, we have wvhiich he owes thelre and there alone. seen. Again, I say, NEVER I.W1e won't have Like Archilles, he' is invulnerable, save in a the whipping-post in Ohio. We won't have single spot. Subordinate only to the single, but the knife, and the brandino-iron, or the revolver awful contingency of a claim properly proven here. Are won't have the barracoon here. by the very party - no one else to whom in We won't legalize murder here. If a slaveKentucky he owed service; and of his return holder whip his fugitive slave in Ohio, it is a to the condition of a slave, when he shall agrain battery, and he shall go to jail for it. If ha come within the territorial liimiits of that State; slit his ears, it is maiming, and he shall go to subject, I say, to this one awful hazard, John, the Penitentiary for it. If he kill the slave for in Ohio, was, to all intent and purpose, a free- resisting the lash or the branding-iron, it is man. Thius, this richt of recaptioll, which has murder, and he shall hang for it, though there no existence, save as against slavues in the slave were a thousand Prigg cases, as Georgia hung States, cannot be asserted in the free States. Graves and Tassells over the writ of error of Here this point might be left, but let us look a this same Supreme Court. God bless Georgia little farther at this proposition of the Prigg case. for that valiant and beneficent example! The master, it is said, has, as against his And here I leave to the just contempt andt escaping slave in the free States," the same just indignation of all freemen this hideous right," to the " same extent," and with " all the dogna of the asserted power of recaption. IL incidents" which he had under the local laws has no existence; and this point is of vital imof the State from which the slave escaped. So, portance, for Bushnell is convicted only of then, all the local laws of all the slave States, obstructing an attempt at a mere private rewith all their hideous enginery of cruelty and caption, and if this power has no constitutional torture, follow a slave fleeing into Ohio; and warrants, then Bushnell is unconstitutionupon its FREE soil do all these slave codes bear ally restrained of his liberty, and mlust be dissupreme sway? The same right? All the charged. incidents? Never, never! The very first inci- The next proposition of the Prigg case is, dent of that right, nay, the very essence of that that the simple right of recaption must, in many right, is to constrain by force the labor of the instances, prove unavailing; the owner may slave! May the master erect the -whipping- not be able to lay his hands on the slave; perpost before your capitol, and use the lash upon sons may secrete him; local legislation may his fugitive woman slave in Ohio, if she refuse limit him as to the proofs of ownership; or the here to work for him? Another incident of Courts in which he shall sue or the process lihe that right is, to brand the slave or slit his ears may resort to, or fail to aid him in any way, to mark him as his property! May that be so that it is said if the Constitution gave nothine' done in Ohio by the owner of a runaway but the power of simple recaption, it would negro? Another incident is, that on the rule prove a delusion and a snare; and the inferof partus sequitur ventrum, the offspring of a ence is that the Congress must have power to slave mother is. also a slave, though the father legislate. Now, all this supposes that the States be free. But may the slave-owner claim'as his would wantonly refuse to fulfil their solemll property the issue of a fugitive slave woman compact.' But what right had the Court thus who was here intermlarried'with a freeman? to insult the whole community of free States? Still another incident is the righlt of the master What, in their past history justified this calumto sell him! Can he olen a slave auction here niation? On the contrary, I say that,'in spite for the fugitive? - of the odious nature of the duty which this Another incident is the right by the law of compact imposed upon the free States, they the slave States, to kill the slave if he- resist'by fulfilled it with too much alacrity, too iluch force the master's attempt' to punlish him? fidelity - too few safeguards to protect the citMay that be done here? Is the'right guaran- izen, until this very Primg case withdrew the teed by the Constitution to the master to Arun- subject from their control; and Congress, folDER in' Ohio'his fugitive slave? Don't let it lowing its lead, endeavored to give the force of be said that this is exaggeration. For by pre- law to an act which:not merely humlbled the cisely the same process by which yotu establish' sovereignty of the States, but struck down, by here the right of recaption, you equally estab- a single blow, all the constitutional guaranties lish here every other incident of this system. of the liberty of the white citizen; an act No1 matter how hideous it may be. Indeed, which no man can read without the utmost inthat is the verymajor proposition, for, say the dignation. Court, the master has'here "the same right But, again. If that was the theory - if the as to a runaway slave, which- he had in the Convention did not mean to truist to the legisslave States, "with all the incidents" which'the lation of the States, just as little would they local law gave, that local law (such is the de- have trusted'to the legislation of Congress, duction) confers the right of recaption, there- controlled as that has always been, in one fore that right exists in the State to which the'branch,' at least, by the Northern States; aniid Slave has fled. If one incident given by the the Constitution itself would have prescribed OBERLIN-WELLINGTON RESCUE.'215 the specific mode, and leaving nothing to the is, therefore, to be intended that the duty is to States either in or out of Congress. be enjoined upon and the power given to ConBut still, again, when, before, was the falsely gress. The bare fact that it' is found in the imputed infidelity of the States made the Constitution is of no significance, for there are grounds for implying in Congress power to many provisions there which do not grant aemnedy such assumed possible or probable neg- power to Congress, and the rule is, that if lects? power be not given in terms, it is not given at And how, and where, in the Constitution, do all. Still less important., that it does not point you find any power in the Congress to assume out State functionaries; for if the States thema duty belonging to the States, because the selves were to execute the clause, the selection States refuse to dlischarge it? Nowhere! of means to execute must, of necessity, be left The Court next proceed to assume that this to the States themselves. But neither, on the clause " implies at once a guaranty, and enjoins other hand, does it point out Federal function, a duty, that it contemplates" some remedial aries; and this very omission is of stern signifih measure "beyond the rights of recaption; that cance, and conclusively proves that it is the -many questions arise as to the natule of this States who are to execute it; for the rule of contemplated remedy; that legislation alone the Constitution itself is, that all aencies and could determine these questions; that where a powers not granted to the Federal Governduty is enjoined, the ability to execute it is im- ment, are reserved to the States and the people plied; that the I" clause is found in a National And for the Court to assume that wherever Constitution, not that of a State;" that "it' Stateauthority is not'specially mentioned, Feddoes not point out any State functionaries who eral authority is to be implied, is not only a flashall execute it," and that " the natural, if not Vgrant violation of all the principles heretofore the necessary conclusion " is, that in the absence asserted by itself, but a plain NULLIFICATION of all express provision to the contrary, the — I mean just what that word imports- of the General Government is charged with the exe- tenth amendment, which declares all powers cution of the duty, and has therefore power to not deleogated, to be reserved - that amendexecute it. ment which Jefferson so emphatically and so It will be found quite diflicul. to find, else- truly said was the " foundation corner stone of where, a course of reasoning which violates so the Constitution." This reasoning of the Court many canons of constitutional interpretation. I also leave to the judgment and common sense It not only starts out with a pure assumption, of this Court. But next:(for where is the foundation? the assertion im- The Court next proceededl.to say that the plies a guaranty? and who is the guarantor, " claim " mentioned in this clause contemplated who is the guarantee? and where are any a derandl " made by the owner of possession words of guaranty?) but oven with the aid of for the delivery of' his slave," and must of this assumption, can it derive power of legisla- course be made against some person (I add pation in Congress, only by a series of implication renthetically that it must be against the slave of not less than four successive gradations, in himself; since usually lie is in our possession), utter contempt of its own settled r-ule'that the that this claim involves " a right of' property Congress had no implied power, save that which capable of assertion in a Court of justice beis purely auxiliary to those expressly granted. tween adverse parties;" so that it " constitutes For see, it is just said that a guaranty and a in the strictest sense a controversy between the duty is implied (implication 1); next, that the parties, and a' case' arising under the Constinature of the duty implies the necessity of leg- tution of the United States, within the express islation to its effective discharge.(implication delegation of judicial power griven by that in2); that, as the States are not specially named, strument." " Congress then may call that powand the clause is found in the National Consti- er into activity" so as to "give efllect to that tution, it is to be implied that the duty is rilght," and "if so may prescribe the mode and enjoined upon the Federal Government (im- extent to which it maybe applied, and how and plication 3); that a duty enjoined implies the under vwhat circumstances the proceedings shall power to execute it (implication 4); and afford a complete protection and guaranty to hience the Congress has power to legislate upon the right." Still, again, implication on implicathis subject. Need I stop here to argue that tion. this process can never be resorted to in order Now I agree, nay I insist (and I mean to to create a power in the Federal Government, prove it before I close), that the claim menor that if this piling of implication on implica- tioned in this clause constitutes a controversy tion is permitted, that the Federal Government between adverse parties - not as to a right of may be proved to have power over every con- property, but a right of liberty -the master ceivable object? But again, the great step in being one party, the alleged fugitive the other, this reasoning, by which the Court attempts to and therefore that it is a suit, a suit at law, to show that Congress has the power, consists in be determined by some judicial power. Let the assertion'that because the clause does not this point in th6i Prigg case not be forgotten. specially devolve the duty on the States, and But I stop here. I do not agree that this suit designate State functionaries for its discharge, it is to be determined by the Federal judiciary, 216 HISTORY OF THE' for in all the Constitution I find no power over. is said, was passed immediately after the ado'p this subject granted expressly to that judiciary; tion of the,Constitution by Congress, composed none even by necessary implication. But with- in part i{t least of its fiamers, has since been out stopping now to controvert this at lengfth, I uniformly acquiesced in and executed by the have to say that this position proceeds upon the States. theory, for that is the argument of the Court, But of this I have just to remark, first, that that a grant of power to the Federal Courts to this act did little more than organize the States determine certain cases implies a co-extensive themselves to execute their constitutional duties power in the Congress to legislate upon the under this compact, that'the cases which arose subject-matter of all these cases. Surely, sure- were only few in number, that though objectionly this cannot be. By precisely the same pro- able in some of its features, it was not opprescess of reasoning, heaping inferred power on sively enforced, that it had none of the infainferred power, the Federal Government would mous provisions which characterize the 1)rasoon absorb all the powers of all the States. conian Act of 1850, so that public attention Thus jurisdiction is given to the Federal was not roused, and that since the execution of Courts over suits, and appellate jurisdiction the act was thus mainly left to the States themover the.State Courts in certain cases between selves they might well acquiesce in it, not as citizens of different States. The subjects of having any binding force, but as furnishing a these suits are as various as litigation itself, land convenient mode of performing a duty which titles, notes, bills, policies of insurance, tres- they had stipulated to discharge. passes, frauds, matters of copartnership, and if Again, however, this contemporaneous cona power of legislation over these subjects can struction and long usage prove entirely too be grafted by implication upon a judicial pow- much, for so far were the States from supposing er, Congress may assume the whole power of that they had no power over this subject, that regulating these matters within the States, and most of them legislated upon this very point. accomplish at a blow the overthrow of State If the fact that Congress passed the Act of sovereignty.:'93 is of any weight as touching the construc-.Whatever power the Federal Judiciary may tion of the Constitution, surely the contemporahave over this subject is preventive, not active neous action of State Legislatures is entitled to to restrain, not compel. If a State should no less weight. Now every slave State, at an by legislation attempt to emancipate all fugitive early period, passed laws providing fobr the surslaves within its limits, perhaps the Supreme render of slaves escaping from other States into Court of the UTnited States, exercising its ap- our limits. pellate jurisdiction, might declare such hostile Nor were the free States themselves unmindlegislation void, so far as respected the rights of full of this obligation; nor odious as was the the parties to the case then before it for, adjudi- duty,, did. they seek to shelter themselves firom cation. But this is the utmost scope of its pow- its performance behind the miserable pretence er, - and, as for Congress, that I have shown that they had no power. has none. The truth is that whatever power Thus Connecticut enacted an extradition the Federal Government has in this class of law uponi this subject. NewY:.'ork, New Jercases, if' indeed it have any, is just the power sey, Pennsylvania, Indiana, -and Illinois each of the judiciary of determining any case in passed one, and perhlips each.of the- other which the question of the validity of unfriend- States, though as to them I have no knowledge. ly State legislation may be involved; and, see- Ohio, too, responding to the request of Ke]nond, power in Congress to provide an avenue tucky, presented in a most imposing form, by which such -a case may reach the Federal enacted a most stringentstatute in fulfilment of tribunals; but not all power to legislate upon this compact. The contemporaneous constructhe subject-matter of the litigation. tion and usage of' the States then prove that In fine, of this whole opinion, it may be said the power belonged, not to the Federal Governthat all' of its reasoning consists either in an ment,:but to the States. unfounded and pure assumption of the very But still more, the Supreme Court of the question to be decided; or if the premise does United States has again and again ruled that not, in every instance, go to quite the length of no part of the powrer of the Federal Govern. beoging the entire question, it does in every ment,, judicial, legislative, or executive,-could instance assume as its predicate some position be devolved on State legislators, State judges, false in fact or false in logic, and even upon or State ministerial officers. Nay, in this very this unstable basis is driven to the accumulation Prigg case it was established, if any thing was, of implication on implication, in order to show that Congress had no power to compel Stato power in Congress. authorities to execute the duties imposed on The argument of the Court next becomes them by the Act of'93, and if no power to conagain historical, and a most unfortunate attempt pel, then it has no authority to devolve the is made to show that contemporary construction duty on them;. for authority to prescribe a and continued usage have practically settled duty implies power to enforce'its discharge. the question in the same way. Now the only feature of the Act of'93 which And, first, the Act of 1793 is cited, which, it had any efficiency, the only one, therefore, OBERLIN-WELLINGTON iRESCUE. 217 which was generally called into action, was States. But:of the four whol held it was that which devolved. its execution on State exclusive, three delivered separate opinions, judges and State officers. The only. usage each stating that he could not concur in the underand acquiescence in its provisions, was reasoning by which his brethren had arrived at in that provision which enjoined powers on that result; of the three'v who held that the State authorities... But in this irespect, say the States had concurrent power, each delivered Court in this identical case, the Act of'93, the separate opinions, differing from his brethren contemporaneous exposition, the usage and long in its reasoning; while of the eight who thought acquiescence -prove nothing. In spite of all Congress had power, either exclusive or conthese, we now affirm that Congress had no au- current, six delivered, distinct opinions, each thority to devolve the execution of this. power one demonstrating. that, the principles upon on State authorities. If contemporaneous con- which the others place their opinion are ldtostruction and usage can't prove that a supposed gether wrong. Thus five arrive, each in his power has been rightfully exercised, still less, I own separate way, at the result that this clause submit, can this judicially condemned -exposi- enjoins a duty on Congress, and then upon the tion and'acquiescence be used to prove the principle that where duty exists, power to exever existence: of the -power. Here, then, the cute is implied - and that is their main arguargument drawn:from this source is shattbred ment —hold that the power is in Congress; to fragments by this very Prigg case, though in while.the other three, each in his own mode, the same breath cited by it as -authority, and is arrive at the opposite result, namely, that the buried beyond the reach of resurrection. Let Constitution enjoins this. precise duty on the no one who respects that tribunal, or who re- States. These latter three thus demolish the spects the dead seek again to invoke its false position on wvhich the other five erect their and ghastly presence. But the decisions of the argument; while the logic of the five applied State courts which I have already criticized, are to the premised of the three - that this duty is next cited by the Court to fortify its conclusion. enjoined on the States - destroys utterly the But as we have seen, the question in each of common conclusion of thle whole eight, by these cases vwas solely as to the authority of demonstrating that the power belongs excluCongress to confer this power and impose this sively to the States. And this obiter opinion, duty on State authorities, and the one point which, beginning with a gross mistake as to the decided by them was that Congress had that facts of history, without persisting in which its very power. conclusion cannot be sustained, and proceeding These very cases are overruled, therefore, on this mistake to erect a fabric of reasoning distinctly by this same Court, not only in which utterly overthrows evtery rule of' constiMlartin's Lessee v. Hunter, but in this identical tutional interpretation hitherto declaredl to be Prigg case, and yet the Court, while in the unalterable; which. ignores the maxims that, very act of so overruling theim upon the only every presumption is to be made in favor of point affirmed by them, cites them as authority liberty; which not only overrules the authorifor its own opinions. Let these cases, slain by ties on which it assumes to rely for support, the same relentless hand-be buried, too, in but in which each judge who aiicled in declarthe same grave where their kindred-" contem- ing it, is pronounced by his brethren to 11have poraleous'exposition and long usage," now been wholly wrong in his reasons for so declarSleep their last sleep. ing it, thus literally devouring itself- this I have thus considered every position upon extra-judicial opinion, it is now said, has which the obiter dicta in the P'iggo case are "settled" the rights of' thlirty-three States, and foundled. As authority it has no weight what- grave question; touching the liberties of twentyever. How far will your Honors deem it pru- three mtillions of peopld IAs IT? iut.I am dent voluntarily to commit yourselves to its remiincled that the PliAiog case has since been opinions; for you must'do it voluntarily if at twice affirmed by this same. Court in the'Jones all? Let the result answer. and Van Zandt, and' the Booth case. Of WNTith a few more words which seem needful course it has. Did anybody. knowing how that to its just appreciation, I take leave of that case Court is constituted (and I must allude to that forever., presently) expect them to do ouglht but affirm While all the judges concurred in reversingt i? Did n't they decide the I)red Scott case the judgment of the Court below, yet Bald- too? Now how did they affirm it? When win, J., did so only on the ground that the these two subsequent cases came before them verdict found Margaret to have been a slave; and in one of them the obiter of the P'rigT. case and the owner could not. be punished as a kid- was utterly demolished by counsel, did the napper in reclaiming her. He dissented from Court again consider the question. according to the obiter that the States -had no power, or that the invariable custom, where a question deCongress had any to legislate upon this subject. pends on a single decision, which is assailed? This left only eight judges, of whom five held No! but seizing hold of the extra-judicial opinthat the power was vested exclusively in Con- ions in the Prigg case, they say adroitly, if not gress.; while three (Taney,, Thompson, and truly.; that decides the' question; thus giving.]cLean,) held that it was concurrent in the their own simple obiter the force of aiR abso28 f218:HISTORY OF THE lutely conclusive adjudication!l This is res that Congress had exclusive power to legislate adjudicata with a vengeance. for the delivery of fugitives from service. Of These, may it please your Honors, are the Mr. Justice Nelson, it is no disrespect to say cases in which this question has been considered that in'none of the qualities which go to make by the highest Federal Court. Before, how- up the great judge;, ould either Spencer or ever, taking leave of that Court, there is one Walworth suffer by any comparison with him. consideration affecting the weight which ought The Senate did coqfirm JUstice Nelson. Still to be given to its opinions, on this class of ques- again, wuhy? tions. It pains me that the fact to which I am These undeniable facts warrant me in declarabout to allude is so; but my sense of duty will ing, as I do here and now emphatically declare, not alloTw me entirely to suppress it. that this Supreme Court of the United States When the extra-judicial opinion of any Court is a sectional court, composed of sectional meln, is passed upon ine as foreclosing by' its simple judging sectional questions upon sectional influ, assertion any question which concerns the soy- ences. And here I take:leave of the Supreme ereignty of the State, or the natural and consti- Court of the United States and its opinions,A tutional right of the citizen, I cannot refrain the question. from considering tlhe claim to confidence which Still again, however, it is said' that solme of the dictum of its individual members nMight pos- the State Courts have, since the Prigrg decision, sess. Miy inquiry would not be limited to their declared their adherence to' it. This is true, learning and ability, but I should ask of the but every one has so adhered on the assumption school of government, in which they had been that the questions discussed inl tht case were trained; of their personal independence; of res adjudicata. HIow ulifounded that assumpl their freedom from bias or extra-judicial influ- tion was we have seen. These cases all re. ences; antd of their general fidelity to the great volve about the Prigg case, leaning on that fo)' principles which underlie all free governments. support, not fortifyiug- it; and if tliat can't stand Let me, then, barely, andi with as'mluch reserve alone, these zmust fall with it. as the truth will permit, allude to the manner in Let us sum up, nOw, the authority relied on which this Court is constituted; givhing -voice to support the power of Congress. Three or only to what is in every man's head, and oil four cases in the State Courts prior to the Prigg every man's tongue, when the relations 6f this case, andl virtually overruled by that; then tho Court to any question connected with slavery are case of Prigg; then the cases of Van Zandt mentioned. low, then,- is this Court constitu- and Booth, and a few cases in the State Courts; ted? Five of the nine Jud(ges who compose it but every case standing on the pretended au, are themselves. slaveholders., andt therefore, di- thority of:Pri g alone...,rectly and personally interestedl'in all these Now, if, instead of these few scattering cases, questions. The other four are selected from resting on a single extra-judicial assertion, the Free States, but upon what motives anti mistaken in its facts and erroneous in its law, by what influences are these. selections gov- and on an intermittent usage pronounced to be erned? Let one or two well: known facts an- wholly wi'rong, I had found a thousand cases' swer. and the continuous,'unbroken usage of centuI)uring the administration of President Tyler, ries,.I should still insist that the question was Mr. Justice Thompson, then resident in New not settled; if, upon examining the settlement, Yok, a very able and learned Judge of that it was clearly proved to be wrong. I repeat, Court, died. As his successor, the President again, that no question which concerns the libfirst. nominated John C. Spe1ncer, also of New erties of the citizen can be settled till it is set; York, one of the most learned, able, and emi- tled exactly right. The pathwvay of' judicial nent jurists in this or any other country., The lhlstory is strewn w-ith wreck upon wreck of'deSenate did not:confirlll the nomlination of Spen- cisions,:and with the broken fragments of usage cer. Why? The President next sent in the on usage, by which Power'has attenmpted - and name of that accomplished judge, Chancellor though successful for a time- vainly attempted V~alworth, the man, be it remembered, who, as to fetter or underiine the rights of property, Chancellor of the State of New York, had, many liberty, and life. years before, when the case of Jack against In adverting to this subject, I cannot forget MIartin was before the Courtof Errors' of that that the raising of ship-money was practisedcl fbr State, declared that the Congress had no years, and the validity of that practice recogpower to provide for the reclamation of fihgitive nized time and again by Courts,:till the days of slaves. II'almpden, when its illegality was' so stron gly Of AWralworth's fitness, there could be no delonstrated that the same Courts, composed manner of qluestion. The Senate dicl not con- of different juidges, were obliged. to decide that, firm the nomination of Walworth. Again, why? in spite of usage and precedent, the power was President Tyler then noininated Mr. Justice an usurpation of the ancient and undoubted Nelson, who, when this same case of Jack against privilees of Parliament. I remember, too, that Martini, was blefore the "Supreme Court of New Generl W~arrants, though plainly prohibited York, had, as onle of tie judges thereof, deliv- by MlIazna Chalta, had been'constantly resorted ered al elaborate opinion in which he: affirmed to in every reign of every kin: for centuries; W. b OBERLIN-WELLINGTON RES CUE. 219 that, upon elaborate argument and considera- gress has some power to legislate upon this mattion, all the English Courts had, by a series of ter, still, the act of 1850 is in its essence and decisions, which you can almost count by the structure, a violation of the Constitution. And score, judicially affirmed their lawfulness, until now I go back again to the clause itself, which Sir John Pratt, afterwards Lord Camden, by provides "that the fugitive person who owes lal his great judgment in the case of Wilkes, over- hor or service, shall be delivered up on claim of turned from its foundations this usage, hoary the party to whom such labor or service is due." with the age of centuries, entrenched behind By the preceding section, a fugitive person who almost countless precedents, and in a single mo- is simply charged with crime is to be delivered ment, forever established for the Anglo-Saxon up. Here, the person who is to be delivered up race an unalterable exemption from the exer- is not a person who is charged with owing labor cise of this arbitrary power. More, and most of or service, but only one who in very yfact, owes all, I remember that, though the Congress of the it. The first condition of delivery then, is, that United States had, from the very foundation of' he owes labor and service; the second, that he the government, and forb an uninterrupted pe- has escaped. When is he to be delivered up? riod of sixty years, asserted and exercised the Of course, not until it is shown that he owes power of legislating for the territories; though that labor or service. How is the delivery to every President, from Washington to and in- be made? On cliaim of the party to whom that cluding Polk, had officially approved its exer- labor or service is due. Iere, then, are three cise; though the Supreme Court of the United questions of fact to be determined before the States had by a solemn and unanimous judg- obligation to deliver becomes operative. 1st. ment, pronounced by the revered Marshall, af- That the person owes labor and service. 2d. firmed the undoubted existence of this power, That he has escaped; and 3d. That he owes and though, during all this time, no man had such labor or service to the very person who dehinted a doubt as to its validity, yet we all saw mands his delivery. But how is the existence in this same Supreme Court tle temple of free- of these conditions to be ascertained? 1Why a dom, which, by the exercise of this power, we claim that such service or labor is due must be had been almost twice forty years in building, first made, and the claimant is denominated by torn down in a single day! No,- I am wrong. the Constitution itself a " party." But the It was not torn down, but only not, because of claim — and I here quote from the Wisconsin the impotence of these judges to shake its sta- case - must be made of some one, and ordinable base. And now, when I am pressed with rily can be made only of the fugitive himself, any decision of that court as concluding any who, if he resists, becomes the other party. If right of the citizen, I reply simply and only,- he really owes labor and service to the party "Dred Scott'! " Shall that Court extort more and has escaped, he must be delivered. If this respect for its decisions than itself yields to claim is unfounded, or he has not escaped, he them? If so much usage and precedent may cannot be delivered up. Now, what can be be overturned in the interest of slavery, surely, plainer than that here is suspended a legal surely, an extra-judicial opinion may be well right, upon issues of fact and law? That the disregarded in the interest of constitutional lib- determination of these issues involves the exerty. ercise of'judicial power, and that consequently If, then, your Honors, looking to the text of here is a suit or action to be tried? The Conthe Constitution, shall be clearly, decisively sat- stitution itself has arranged the issue and made isfied that the Congress has no power to legis- up the parties. The Supreme Court of the late in aid of the reclamation of fugitives from United States has itself passed upon this very service - and that, I submit, has been demon- point twice. In Cohens v. Virginia, 6 Wheat. strated- then, in the name and by the au- 407, they define a suit "to be the prosecution thority of that Constitution, the SUPrErIE LAW, of' some claim, demand, or request "- and in binding alike Judges and Presidents and Con- this very Prigg case, as we have seen, they rule gresses by its absolute power, I invoke of your that this "claim," whenever made, constitutes Hoilors -nay, I might not improperly demand "in the strictest sense, a controversy between — the restoration of these applicants to that the parties, and a ease within the judicial liberty of which they are now restrained only power." by a flagrant usurpation, on the part of the The power, therefore, to adjudicate upon this Vederal Government, of the undelegated power "claim," to decide this "case" is — the Sudistinctly reserved to the States. preme Court itself being witness - an exercise And here, if my own personal convenience of the judicial power- and if exercised under alone was consulted, I should leave this case. the Federal Government, of the judicial power Perhaps it ought to be left here; but the appli- of the United States. But the Constitution in cation involves other questions of the gravest terms, ordains that the whole judicial power of moment, which it seems to be my duty yet to the United States shall be vested in one Suconsider. preme Court and in such inferior courts as the My next proposition is, that if- against, as Congress may from time to time ordain and esit seems to me, all human probability and rea- tablish -that the judges of the Supreme and son —your, Honors shall be of opinion that Con- inferior courts shall hold their offices during 220 HISTORY OF THE good behavior, and shall at stated times receive attaint his blood. Riht here let me ask, WTill for their services a compensation which shall some one tell how the function of the commisnot be diminished during their continuance in sioners and their manner of' proceeding differse office." And in Martin's Lessee v. Hunter, the in kind or degree fMomi that of the commissionSupreme Court held that the power here given ers under the Fugitive Act? was the whole judicial power, and that Con- It was in consequence of these arbitrary pro. gress had:no authority to vest any part of it ceedings, by which this great barrier of the! elsewhere than in courts constituted of judges subject against the usurpations of the sovereign holding their offices by this tenure. The act of had been broken down, that it was again de1850, however, attempts to vest some portion of clared in the Petition of Right during the time this very judicial pover (so held to be by the of the first Charles, and still again affirmed in Supreme Court), in certain officers called corn- the " Bill of Rights" at the revolution in 1688.: missioners. But these connmissioners are unde- This great provision was obviously intended to niably -not "judges," within the language and protect Englishmen against such arbitrary seplain meaning of' the Constitution. A conmmis- cret ex palte proceedings; and it was put into sioner does not hold his office during good be- the Constitution, by-way of amendment, to prohavior, but at the will of the circuit court which tect all men against the same thing here. " Due appointed him, and he does not at stated times process of law," then, means that careful, receive a fixed compensation, but is paid by- guarded, precise, and strict proceeding known fees, getting (O shanme!) thrice as much from to the English law, which is had in open and the claimant if he decides for him as if he de- regularly constituted Courts, and which secures cides against'him. To this extent, then, the to every person due means and opportunity of act of'50 is a clear violation of the Constitu- defending his life, liberty, and property. But tion. This point is fairly before the court, if it we are not without judicial authority on this shall fail to recognize the power of private re- point. caption; (and who can doubt that.?) for then " The better and larger definition of due pro.the only offence charged against Langston cess of la2," says Kent, "is, that it means law; is that of resisting the process of a comnmis- in its regular course of administration, through sioner. courts of justice." But I proceed to a still more serious objec- "The law qf the land "- (which is always tion. The Constitution by one of its amend- held equivalent to due process of law) "inments declares that "no person (mark that bills of right," says Chief Justice Ruffin, of word' person'), shall be deprived of life, lib-:North Carolina, in the elaborate opinion deliverty, or property'without due process of law." ered in Hoke v. Henderson, 4 Dev. N. C. IRep, What do these words, " due process of law," 15 (and one replete with sound Constitutional mean? What did they mean, when they were doctrines), "does not mean merely an act of incorporated into the Constitution? They the legislature, for that construction would abameant the trial of any right asserted against rogate all restrictions on legislative authority. a man's liberty, life, or property, by a regularly The clause means, that statutes which would constituted judicial tribunal,: sitting in the light deprive a citizen " —(in the Federal Constituof day, proceeding after established rules, con- tion the word is "person ") -" of the rights of fronting the man with the witnesses against him, person or property, without a regular trial; acsecuring to him the right of cross-exanlination, cording to the course and usage of the common and due opportunity to produce evidence in his law, would not be the law of the land in the own behalff: sense of the Constitution." That is what the words, "due process of law," The Constitutlon, then, intended to secure to mean. It was what they meant in Magna every "person" a regular trial in due course of Charta, for there they were first used. But in law, before regularly constituted courts of jusspite of Magna Charta, it was the practice of tice, the party being allowed to be present, Engclish sovereigns, backed up by the servility confront his witnesses, cross-examine them, of:English Judges, down to the revolution of and due time and opportunity of making his 1688, to seize men and try them before irregu- defence. But in all these respects the act of lar tribunals, unknown to the common law, such 1850 violates this provision of the Constitution. as the Star Chamber, and which proceeded in Now suppose ~ou seize a man here in Columsecret, and in the absence of the accused. Or bus to-day, upon claim that he is a slave. When not unfrequeitly, when a man became obnox- seized he is at liberty. The very first question. ious to the Crown, it would appoint commis- is, shall this man, then at liberty, be deprived sioners, constituting irregular courts, not the of this liberty? Whether he is white or black, regular courts of the common law, with stated you start out with the presumption in his favor, terms, but often commissioned to try a specifi- that he is free; a presumlption older than the cally-named person, and they went down and Constitution, older than the: common law, older tried the case in'secret, without a jury, without even than Christianity itself, for it was a maxconfronting witnesses, Without the presence of im of the Roman law before Christ was born, the accused, and upon ox parte evidence would and it is to-day a maximu engrafted on the laws take away his property, liberty, and life, and of every civilized country, all the world over, OBERLIN-WELLINGTON RESCU. 221 except the slave States of this Christian Re- nately, not simply general principles but the public. Supreme Court itself has illuminated this parThe question then is, shall he be deprived of ticular question so as to exclude all possibility his liberty? How shall this question be deter- of mistake. To determine what is a suit at mined? The Constitution says, " Only by due common law, we have only to look at the proprocess of law." It says that you shall not ceedings authorized and conducted under its deprive him of that liberty in which you found own rules as distinguished from cases in equity him —that liberty to which the law presumes or admiralty. Now looking back to no very him entitled- you shall not hold him as a slave remote period at common law, we find that unless you first establish that he is your slave, there existed a system of slavery known unby the judgment of a regular judicial tribunal, der the apt name of villanage, the* slave'bein a proceeding regularly instituted and duly longing to the lord of the soil. This relation, conducted in open court, confronting him with all its incidents and the mutual remedies with the witnesses against him, or yielding him given to master and servant, was duly reruthe opportunity to cross-examine them, and lated by the common law. Slaves then as now giving him reasonable time and opportunity to escaped from their masters. What was the produce the evidence, if he have such, of his remedy of the lord? Without undertaking freedom. This is what the Constitution says here to enumerate them or the precise nature you shall do before you shall take him away as of each, I may say generally that the lord could a slave. But how does tile act of 1850 say you not seize and retain his slave, except in virtue may do this? Let its provisions answer. By of some common law proceeding which involved its very terms the judge or commissioner is a trial by jury before one of the Superior specially enjoined to determine the case in a Courts. Your honor will find the variouts prosummary manner, and he is specially authorized ceedings enumerated and explained in H-arand required to receive as evidence, ex parte grave's notes to the case of ". Somerset," 20 affidavits taken in a distant State. Or by Howell's State Trials, 38. still another provision, upon the production Thus, as determined by that law itself, the of a record, made upon ex parte proof, in a remedy of the lord for a fugitive slave, was a distant State, perhaps years before, which cer- suit at common law, a suit to be tried by a tifies that the fugitive owes labor and service jury; and the forms of the writs, counts, pleadand has escaped -containing a general de- ings, verdicts and judgments, in these suits are scription of the person with such convenient still to be found among the precedents of the certainty as may be - upon the bare produc- common law. But this is not all. I come tion of this ex parte record, coupled with simple back again to the Supreme Court of the evidence of "identity," the judge or commis- United States, and fortify myself with its aLusioner is required imperatively to ajucldge hin a thority. In Parsons v. Belford (3 Peters, 456), slave and deliver him up to the claimant. And considlering this very constitutional provision, now I desire the court, by their judgment, to that Court says: say, whether this is the "]DUE PrOCESS OrF "By' common law,' the firamers of the ConLAW," without which no man's liberty can be stitution of the United States meant what the taken away -whether this is the tenure by Constitution denominated in the Third Article, which we all hold our property, liberties, and'law,' not merely suits which the common law lives. But the safeguards for the liberty of the recognized among its old and settled proceedperson do not stop here. ings, but suits in which legal rights were to be Another provision ordains that "in suits at ascertained and determined in contradistinction colmmon law, where the value in controversy to those where equitable rights alone were reexceeded twenty dollars, the right of trial by garded, and equitable remedies were adminisjury shall be preserved." This provision has tered; or where, as in the admiralty, a imixture been repeatedly discussed and passed on by of public law and of maritime law and equity the Supreme Court of the United States, so that was often found in the same suit. its effect is no longer the subject of question. "The amendment to the Constitution of the To the operative effect of this provision three United States, by which the trial by jury was conditions must co-exist: 1, a suit; 2, at com- secured, may, in a just sense, be well conmon law; and 3, the value of the matter in liti- strued to embrace all suits which are not of gation must exceed twenty dollars. Now, as equity or admiralty jurisdiction, whatever mlay we have already seen, the Supreme Court in be the peculiar form which they may assume to Cohens v. Virginia (6 Wheat. 407), hold that settle legal rights." the prosecution of a claim was a suit, and that Now, since the proceeding to recover a fugiin the Prigg case, that the claim for the sur- tive slave is not a suit in equity or adlmiralty, render of a fugitive slave constituted in the but is a suit to settle the legal right of the masstrictest sense a "case," that is a " suit," "for ter to his custody and possession, it must be a the exercise of the judicial power." The pro- suit at common law, within the meaning of this ceedingf then under the act of 1850 is a suit provision. Here, then, whether we look back beyond all doubt or cavil. But next this suit to the common law itself to see what suits it is a suit at common law, and here again, fortu- embraced or to this exposition of the Consti 222 HISTORY OF THE tution, the' proceeding to reclaimi a fugitive is have the effect here attributed to them, thean a suit at common law. This point is " settled." the learned counsel for the Government canIf, now,'the value of a man's freedom is worth not deny — this Court cannot deny - that more than twenty dollars; or if, supposing him the Fugitive act of 1850 is void. to be a slave, he is worth more than twenty dol- The act of 1850 is also void on the further lars, he is entitled as of right and under the ex- ground that it protects or assumes to protect press sanction of the Constitution, to a trial by the asserted right of private recaption - for an jury. And here again we have an exposition alleged obstruction of which Bushnell is now of tlie clause in this respect, by the Supreme restrained of his liberty. The absolute nonCourt of the United States. In the case of Lee existence of this pretended right has, I think, v. Lee (8 Peters, 44), which was a petition for been already demonstrated, and might, perhaps, freedom, instituted by the appellants in the be left there. But I am yet to show that the Court below, and there decided against them, exercise of any such power is not simply not objection was made that the value in contro- authorized, but e0plieitly and affirmatively v:ersy was not one thousand dollars; and there- prohibited by three distinct constitutional guarfore the appellants were not, under the statute antees. NoWv if, as I take it to have been alof the United States, entitled to appeal the case ready established, the master may not, by virto the Supreme Court. Now what did the tue of the adjudication of a commissioner which Court hold on this question? I read from preserves some semblance of trial, seize and the report: — carry off this allegec fugitive slave, because "By the Court The matter in dispute in that adjudication is the exercise of a judicial this case is the freedom of the petitioners. The power, which cannot be vested in a commisjucldgment of the Court below is against their sioner; still less may a private person assume claims to freedom; the matter in dispute is, the exercise of that power and determine for therefore, to the plaintiffs in error, the Value of' himself his own rights. If the master cannot their freedom, and this is not susceptible of a retake under the summary adjudication of a pecuniary valuation. Had the judgment been judge, because though it has the fbrm of legal in favor of the petitioners, and the writ of error proceedihgs, it is not due process of law; and brought by the party claiming to be the owner, because it deprives the alleged fugitive of a the value of thceslaves as property would have jury trial; still less may he do it constituting been the matter in dispute, and affidavits migaht himself judge, jury, and ministerial officer, be admitted to ascertain such value. But affi- without the intervention of any process, withdavits, estimating the value of freedom, are en- out the color of any adjudication. Still more, tirely inadmissible; and no doubt is enter- even, than such an adjudlication, is this infatained of the jurisdiction of the Court." mous doctrine of recaption incompatible with the This case, then, foundin g itself on principles two constitutional provisions which secure the of universal justice and humanity, afflirnms that trial by jury and protect liberty against every the right of a man to his freedom is worth, not thinlg but due process of law. merely one thousand dollars, but is above all This doctrine is also pointedly prohibited by pecuniary valuation. that other amendment which declares that " the Summll ing up these results, what are they? right of the people to be secure in their perMIark: I appeal now to no " new-fangled radi- sons, houses, papers, and effects, against uncal " doctrine; to no wild utterance of some reasonable searches and seizures, shall not be fanatic, "'crazy" on the subject of freedom; violated." but to res tdjudicalta; to the Supreme Court Now I beg' to know whether the seizure of a of the United States, whose decisions are person, white or black, on the mere claim that claimed by the other side to "conclude" ev- he belongs to you, unsupported by oath, affirmacry question within their scope. That Court tion or evidence, without'the color of process first declares that the "claim" for a fugitive or pretence of trial, and the transportation of slave is a " suit." The same Court next de- him to another State, where he is presumed to clare that it is a " suit at common law." The be a slave if he have a taint of negro blood in his same Court next declare that " the value in veins, though no trace of it in his sskin, I beg to controversy in any such suit exceeds twenty know whether this is not just such' a seizure as dollars;" exceeds all valuation. All these re- this clause meant to prohibit; and if it does not sults are "concluded" by the Supreme Court forbid this, wvhat, in the name of freedom, does of the United States, if that Court can con- it forbid? In answer to these objections, it is elude any thing. The Constitution, then, as sometimes said that neither the power of recapconstrue(l by'the tribunal - here asserted to tion, or the adjudication of a commissioner, debe its final expositor —ordains- that upon prives him of his liberty without due process, every claim for the reclamation'of a fugitive or of the right of trial by jury, but that when slave, he shall have the right of trial by jury. he has been taken into a slave State all these How do the learned counsel for the Federal rights shall be accorded to him. I reply, First, Government like this res adjudicata? and how, that the very act of caption deprives him of his upon their own reasoninrg, do they escape its liberty. Second, that the adjudication of the force? If the decisions of the Supieme Court commissioners not only in terms, pronounces OBERLIN-WELLINGTON RESCUE. 223 him to be a slave, and delivers him as such to it is beyond all price, it takes away the trial by the absolute control of the claimant, but that jury. adjudication, though rendered on an ex parte 3. It deprives all persons subject to its operarecord, or eo parte evidence, is, by the act of tion -and every person, white or black, is so 1850 itself, declared to be everywhere conclu- subject -of their liberties, without due prosive, in the slave as well as free States. I re- cess of law. ly, thirdly, that the moment the master gets 4. It openly contravenes that right of the his fugitive, even without process, into a slave people to be secure in their persons against State, the maxim which presumed him free, is unreasonable searches and seizures. changed, and he is from thence. intended in law Against this arraignment what do you find to be a slave; and possession of him is primna interposed? Denial of its truth? No What facie evidence of slavery; and, lastly, of those is the answer? Still and only still res adjudiwho babble about his instituting, there a suit for cata. But what is meant by this res adjudihis freedom, II desire to know how a freeman, cata?. Has any Court, Federal, or otherwise, sent as a slave to the rice swamps of South ever passed upon the application now before Carolina, in the custody of one who, in virtue your Honors? No such: thinig is pretended. of that very possession, is his presumed master, Assuming the Fugitive act to be unconstituand who, as such, holds by law the power of life tional- and this plea virtually admits thatand death over him, - I desire to know how, has any competent tribunal ever- passed upon tnder this absolute duress and with all these the rights of Langston and Bushnell in this artificial and cruel presumptions against him, behalf? No, for the proceedings in the Disthis free man is to assert his title to freedom? trict Court a nullity. it be claime and if this is not depriving a man of his liberty, that. the judgment in the Prigg case, or the what act of forcible seizure can be defined as Booth case, operated by its own force to bind such? This paltry subterfuge is an insult not these applicants, that it estops them? Surely less offensive to common sense than to common not. How then can the Prigg case or any humanity. other be set up here against them? Why, say Finally, then, if the Court please, I arraign the counsel, that case "settled" or " declared" this ACT of 1850 as a FLAGRANT USUhR- as the law of the land, a certain rule which PATION BY CONGRESS OF WHOLLY applies to these cases, and by which the righllts UINDELEGATED POW\ERS. of the relators must. be determ-ined.; With 1. Upon the argument drawn from the his- deference I begl leave to say that Courts don't tory of the Constitution, the truth of which and can't sett&e or'declare' the law of the history no man can gainsay, and the strength land.'In a constitutional government that of which argument no.man can resist. function belongs to the law-inaking power, the 2. Upon the authority of the Supreme Court legislature, alone.'If Courts can usurp that of the United States itself, which, times without function, it would be wise economy to abolish number, and everywhere, save in the Prigg the Legislature and get that useless machine case, in the Booth case, and in the Van Zandt out of the way. What then do Courts settle? case, has declared the great principle that Con- The rights of the parties litigant in each case, gress has no powers save those expressly grant- nothing more, nothing less, nothing else. In dis-,ed, and such as are purely subsidiary to the ex- charging this vitally important duty Courts enpressly granted powers, so that obedience to deavor to ascertain the principle of law which the Supreme Court in the Prigg case, is diso- applies to the particular state of fact then before bedience to its judgments in a thousand other them, and ascertaining that or supposing themcases. selves to have ascertained it, they decide the 3. Upon the TEXT of the Constitution itself, rights of the parties to that particular suit, acwhich not only confers no power on Congress cordingly. Obviously the only thing which has over the subject; but leaves all power with the been adjudicated, is that one or the other of States, in language too plain to be mistaken, these parties shall have such judgment in his too clear to admit of misinterpretation. favor as the Court deems it proper to render, But if, notwithstanding these seemingly irre- and that judgment becomes a law to those parsistible grounds for that impeachment, the ties and the law of -that case..Now a single Court shall nevertheless be of opinion that decision or a series of decisions settling the Congress has some power to legislate upon that rights of parties litigant, according to some subject- then I arraign this act as transcend- supposed general rule, are evidence more or illg those prohibitions of the Constitution which less strong, depending entirely on the strength circumscribe and- limit all Federal powver, of the reasoning, and the justice of the concluwhether executive, legislative, or judicial, sion, that the rule acted upon in those cases is within impassable bounds. the right rule, and ought. to be applied to all 1. It vests a vital portion of the judicial eases similarly circumstanced. But still such power of the United States in tribunals not adjudications are only evidence, and the known to, and inhibited by, the Constitution. weight of their testimony, in favor of any sup2. In a suit at common law, where the value posed rule, must be determined for itself by In controversy exceeds twenty dollars, where every Court when called on to apply that rule 224 HISTORY OF:THE: to the resolution of any casepending before'it. by the very Constitution which has been thus Every day's practice in every Court illustrates violated, to acknowledge the existence of this this. Judges sometimes err as to the correct- asserted right? On the contrary, these formal ness of a rule by which they decide a particu- recognitions and guarantees by the Constitular case, sometimes the error becomes invete- tion, of an original action of man, cannot be rate, but -finally it is found to be erroneous. subverted, by even thejudicial power, without Do even the same Courts, therefore, persist in uprooting "the holding, radical principles " of deciding all future cases, by-this wrong rule? the Government, nay, even of the SOCIAL Not at all. If the error involve any important COMPACT: ITSELF. question, touching property, liberty, or- life, the But then, I am asked, where is this to end? Court applies' the right rule, or what it con- If the State courts refuse to recognize the genceives to be such, to the very next similar case eral principles of constitutional interpretation that. depends before it.'Every:Court, "this declared by the highest Federal Court, which of Court, the Supreme Court -of the United the diverse interpretations, which, it is said, States, lhabitually disregards'any rule affecting must then' ensue, shall prevail? The question, important interests by whichl they have' de- though not pertinent, admits of several answers, cided previou's cases, whenever satisfied that but one shall suffice. "Every court'must, from the rule is'not the rilght one. On no other the necessity of things, determine every case condition is improvement'inithie law possible. befbre it, upon' its own view of law. If the But holw could Courtls disregardl any such prey- given case be not within the appellate jurisdicviously accepted rule,'if it becamie -the law of tion of the Supreme Courtof the United States, the land? For it is a mere triism to say that the decision of the State Court is final, and Courts are as much bound by the law of the there the matter ends. If, on the contrary, the land, have no more power to change or:disre- case be within the appellate jurisdiction of that gard it than the humblest citizen. Court, it will decide lthat - ase on its own notions Your Honors, then, are not bound to follow of the law, and as that decision will be' final as the rule on:which the Prig., or the Booth, or to the case, there the case will end. This is any other case was decidedl if;'on careful ex- the rule of the'- Constitution, and while it leads amination -and reflection, that rule'is, in'your to no conflict of jurisdiction, it yet devolves on judgment, wrong. Especialy are you -bund each system of courts its own proper rights by your solemn oaths to disregard it if exercis- and duties, and holds it to its own due responsiing your best judgment- and it is youUr judg- bility. mlent alone that must be'exercised —od o n- B efore leaving this topic, I desire to ask of scientiously believe it to be repugnant to the those who insist so strongly oil res acljudicata,'Constitution. To that you owe your first and which of two differing res'adjudical shall the last and chief alleoiance; and if any case con- -Court obey? Shall it follow Maitin's Lessee flicts with it, you must- throw that case to the against Hunter, Cohens against Virginia, and winds. W'rhy, to what encl were' the limitations that long bead-roll of cases in which the Suand prohibitions of the Constitution to whvliich I prinem Cotlrt has declared that Congress has have adverted and upon which I claim the' dis- none but expressly delegated powers, or the charge of these applicants -tovwhat'end, I say, Prigg, and Booth, and Van Zandt cases, three were they made? For the ver1y purpose of sE-'by tale, in which it has declared an exactly opcurinl the natuirtl:bithright- ofC man to his posite conclusion? And again, by the four freedom, a -ri lht in itself avery'sacred thing,'caseswhii:li I cited when considering that sub-'by the most explicit and absolute recognition'of ject, the Supreme Court declare in elfect that its inviolability, so that- I quote fromi Burke: no fugitive slave shall be delivered up until the to the inherent sacredness of'the right itself, master has established his right by the verdict is added the sanctity of that solemn public faith of a jury. On the contrary, by the Booth case, so fornmally pledged- for its security;. Against that samie court declares that he may be dclivwhom -were these limitations and prohibitions ere d up without such verdict. You cannot foldirected? Undeniably against every depart- low all of these cases. Pulled in opposite ways ment of the Federal Government, since they by these contending forces, to which'shall your'are opei-ative only against that Government.' Honors yield? GO BACK, I SAY, TO They were meant to secure this great nartural, THE TEXT OF THE CONSTITUTION, sacred right, not only against usurpations by PLANT YOURSELVES ON ITS PRIMAL the Executive and Legishtivie Departments, but GRANITE, ~AND FOLLOW THE RULE especially as their subject-matter -indicates, to ~WHICH YOU SHALL FIYND SO PLAINprotect them against the' chicane of the judicial LY AND INDELIBLY GRAVEN THERE. power of that Government. But can your Hon- That'rule needs no authority Other than its own, ors be made to believe' that these very inhibi- fbr it is supreme. But if you still desire the tions, designed expressly to:hedge in this judicial authority of adjudged cases, I lave shown them power, may be overpassed by it at its' own pleas- to you. - I ask the Court to tread no new path. ure;' andl thiat if in one or more cases, it has Let it stand super antiqtias vias. Let' it follow asserted its right to traniscedcl these limits, this the ancient makim upon which I liave insisted, Court, and all other coiurs are forthwith bound, coming as it does from Paandom dom down to OBERLIN-W'ELLNWGTON RESCUE. 225 Christendom, Survivlng, by its inhlereint vtality and all the great interests which it i involvesof justice, the overthrow-6f empires and the Weaightier consequences never'hung on the arwreck of civilization, — let it follow the track bitrament of any tribunal. The strain of the blazed out for it by the Supreme Court of the Federative System has come, and your Hondrs United States itself in the earlier -and it may aie to determine, at least for the citizens of not unfitly: be added-the better days of the Ohio, whether under that system there can be Republic. any aidequate protection, for the reserved Righgts There still remains a single topic of Wvhich it of the States, or any efficient'safeguards fbr the is difficult to determine how much or how little Liberty of the" citizens..' THE CAUSE OF Ought to be said. No man h dared to breathe CONSTITUTIOAL'GOVERNJMENT IS, it in this presence, anid yet the Federal fune- HERE, AND NOWV, ON TRIAL. GOD tionaries have filled tihe air with it, so that I SEND IT A SAFE DELIVERANCE. hear and.you hear it openly said, that if this: court - following these:ancient landmarks, fol- SEcoNDiD-'AY. — MORNING SESSION. lowing the track of the Supreme Cou't:before The:masstery argfimnet off the& Attorneyit became a sectional court —shall, in the exer-;General occupied fthe entire afterboon of yescise of its highest and most imperative function,. terday, and the' morning of to-day. Thl Court enilarge these relators, there will be a collision' adjourned'till afternoon tdo heai argument in between the State and the Federal Govern-'another and somewhat smilar'case. ment. WHAT T1TEN? Ae we echildrean; are. we old womnien, that we shall be frightened from Si ScoD DAYx. - AFTERNOON:SESSION. duty by this menace? Are the court, coerced After 1haring aro-umernt in the case of the by these tlhreats, to pronounce a decision which relator foni Cinncinati, the Court took' recess shall stultify their judgments and blast their iuntil Saturda)/ morning, to inake up its opinion. consciences?' Has Come:to thi thalt the Federal authorities, instead of invoking the ap- TIrrD DAY.:SATURDAY. pellate power of' the Supreme Court to review The'Chief Justice, p' ening the "Court, an-' your procee-ding, are to trample your judgment t nounced that as the cash was one-of much imuncder foot in your very presene? And are portance, and the authorities cited by cocinsel you, therefore, to remand these applicants to an wer e numerous, the recess had been consumed unlawful imprisonnient?'If these be the only in sidustriouslabor, without finishing the work alternatives -'if collsion c(an be'avoided only's thioly as it seemed' to the Cdurt desiraby striking do wn ever..safeu:ard with:whfic:h hie, and, doubtless; would als0 to all -parties the Constitution has:hedged.about'the libei inte ted.: The Court would, tlierefore, take of the citizen, LET COLLISION COME'- further adljournment until Monday afternoon, coME Now. Let the ciestion be settled whiile at 3 o'clock, when it was hoped the decision I live. I don't want to leave the alternative of would'be renidered. - collision or f the absolute deslpotisi of the Fed- eral Governmentas.alegacy tomychildren. But, FoUnTH DAY.- M.IONDAY, IMAY:. 30. do not misunderstand me. It -is not in a judi- At 3:24 the' Tdges took'their seats. The cieal tribunal that one should hold te law as opinion of the majority was:read -by Chief naught., or undervalue the inestimable blessing J J stic'e SWAN,' only: a syllabus -of which his of order and peae. LAW. I revrence;'' bt Inor waswillin to furnish for ublication:not thie ". law of King Bomba.":'OQir:,' I stand i by that, but not the "order" which reigned JUDGE SWAN'S OPINION. in Warsaw." PEAcE - that I would preserve at almost any cost - but not that peace which Judges SWAN, SCOTT, and PECKr held'is only the quiet of the grave. I. That the provisions of Article'4, Section Bit there will be no collision. These threats 2, of the Constitution of the' United States, and fearsare alike idle. If this court shall by:No person held to servie or labor in one its judgnment dischairge"the relators, the Federal Stath under the laws thereof, escping' into Government will acquiesce in that judgmemht another, shall,' in consequence of any law or until it shall have been reviewed in the 1mode regulation tlih'erein, be diseharged -firom such: contemplated' by the Coastitution.'Whenever Service or labor, but shall be delivered up on another like case shat again arise, tle:State claim of the party to'whom such service or la Court will again dischare, and this' process bIor may''be due,, giiarantees to the owner of must be continued unt il theFederal Govern- an escaped slave thie right of reclamation. ment, listening toreason;shall voluntarilyreturn II.'That a citizen, who, knowingly and inagain to the'sphere of its legitimate functions tentinally,- interferes'With, for the purpose of...... ~., ~.~..,......t..-:... ere. wi..po and duties;'or until the PEOPLE, roused to rescuesfr the owner anesae othb~on utoi r ort resue from the owner aonestapetio action, and exercising the constitutional remedy', slave is guilty of a violation of.the Constitution shall constrain its return by' a will only less of the United States, whether the Acts of 1793 sovereign; and' with' reverence be it:said - and 1850, commonly called the fugitive slave only less divlne than the WILL OP GOD. laws, are constitutional or not.' id here I:leave With your I-bost'hiis case III. Tlat the question il this case,'is not 29 226 HISTORY OF THE whether the Fugitive Act of 1850 is unconsti- of the national and State governments, in the tutional in respect to the appointment and pow- power of Congress to provide fbr the punishers of Commiissioners, the allowance of a writ ment of rescuers of escaped slaves, that power of habeas co-ius, the mode of reclamation, etc., is to be disregarded, and all laws *hich may be but whether Congress has any power to pass passed by Congress on this subject fiom lienceany law whatever, however just and proper in forth, are to be persistently resisted and nuilliits provisions, for the reclamation of slaves, or fled, the work of revolution should not be to protect the owner of an escaped slave from begun by the conservators of the public peace. interference, when duly asserting his constitutional rights of reclamation. Judge SCOTT orally assented to the foreIV i That-Congress, from the earliest period going, saying that he agreed with its logic in of the government has, by legislative-penalties, the main, and with its conclusions altogether. vindicated the constitutional right of the owner of slaves against unlawful interference. He might or might not write out his opinion V. That such legislation was adopted in 1793, hereafter. by the second Congress elected under the Con- Judge PECl delivered an elaborate written stitution, composed of many of the members of the Convention who framed the Constitution,'has, from that day to this, been in active ope- Scott, comprising a review of the decisions of ration, and has been acquiesced in by all de- the courts, and particularly of the State courts, partments of the Government, National and upon.the questions involved in the case, and' State; and the legislative power of Congress treating the whole matter as a res adjudicatc. on this subject has been recognized by the General Assembly of the State of Ohio in their We were not able to procure either the opinion Statutes; by the Supreme Court of the United or a synopsis of it. It was mainly an elaboraStates, and by the Supreme: Courts of Massa- tion of the brief of Mr. SWAYNE.. chusetts, Now York, Pennsylvania, Indiana, llinois, California, by the Supreme Court of JUDGE BRINKERHOFF'S OPINION. Ohio on the circuit, and, indeed, by the Supreme Courts of every State in the Union, BRINKIERIIOFF, J., said: — where the question has been made, and has Since the close of the argument of these never been denied by the Supreme Court of cases - Sunday and a visit to my family interany State - the Courts of WVisconsin, notwith- vening - I have not had time to do more than standing the popular impression, not forming an hastily to sketch a brief outline of my opinion exception. on the questions they present. This I give; Vi. The right to rescue escaped slaves from and I may and may not, as leisure or inclinatheir owners being denied to all citizens of the tion may prompt, commit them to paper, with United States by the Constitution; Congress the reasons on' which they rest more fully and having prohibited it and enforced the prohibi- in detail hereafter. tion by penalties; the Supreme Court of the I. Under the advice of the District-Attornev United States and Courts of the free States of the United States, the indictments under having recognized and acquiesced in such leg- which the relators were convicted, are appended islative prohibition and punishment, if the to, and form a part of the return to these writs. question is not thus put beyond the reach of The question whether they charged a crime or the private.personal views of Judges, and if not, is therefore before us. Both indictments they possess judicial discretion or power to are fatally defective in this, to wit, that neither overrule on the authority of their individual of them aver, that John was held to service or opinions, this unbrolen current of decisions labor in the State of Kentucky "under the laws and this acquiescence of the States of the thereof." 2d section, 4th article, Constitution Union, and change the settled interpretation of United States. the Constitution of the United States; then 1. This defect is not a mere error or irreguthere is no limit, and no restraint upon Judges larity. If it were, so far as this point is conat any time and under any circumstances, their cerned, we should be obliged to remand the own individual' opinions, the arbitrary inter- prisoners; for the writ of habeas corpus cannot preters of the Constitution. be made to perform the functions of a writ of VII. Whatever.differences of opinion may error. But, 2d. This defect is an illegality. now exist in the public mind, as to the power The averment omitted is of the essence of the of Congress to punish rescuers as provided in crime; without the fact omitted to be averred, the acts of 1793 and 1850, no such vital blow is there is no crime; for it is no crime to rescue given either to constitutional rights or State from custody a person held to service or labor *overeignty by Congress, thus enacting a law in another State otherwvise than" under the laws to punish a violation of the Constitution of the thereof." If there was no crime charged in United States, as to demand of this Court the the indictmelmt, the judgment of' the District organization of resistance. If, after more than Court of the United States under which the sixty years of acquiescence by all departments relators are held is cotram nol judice and void; OBERLIN-WELLINGTON RESCUE. 227 they are illegally restrained of their liberty, land, be a crime; and therefore the imprisonand they ought to be discharged. ment of Langston'by way of punishment of II. 1. The indictment against Bushnell con- such pretended crime, is an ille_,al restraint of tains but one count, which charges the rescue his liberty, and clhe, too, ought taerefore to be of John from the custody of an agent' of the discharged. claimant of his labor and service in Kentucky III. These relators onght to be discharged, -John having been arrested and held in cus- because they have been indicted and convicted tody without warrant or any color of legal pro- under an act of Congress upon a subject-matter cess. in reference to which Congress has, under the It appears, then, on the face of the record Constitution of the United States, no legislative which is made a part of the return to this writ, power whatever. that here was a person domiciled or sojou'ning As to the correctness of this proposition, there in Ohio, a free State, and therefore presumed does not rest on my mind the shadow or glimin law to be a free mlan, " ulnreasonably seized " mer of a doubt. and "deprived of his liberty," not only " with- The federal government is one of limited out due process of law," but without the pre- powers; and all powers not expressly granted tence or color of any process whatever. This to it, or necessary to carry into effect such as arrest and custody was in direct contravention are expressly granted to it by the terms of the of the fourth and fifth articles of the amend- Constitution, are reserved to the States or the ments to the Constitution of the United States. people. Amendments, Art. 10. The rescue of a person thus " unreasonably "No person held to service or labor in one seized" and "deprive-d of his liberty without State, under the laws thereof, escaping into due process of law," cannot be a crime; and another, shall, in consequence'of' any law or any statute or judicial procedure which at- regulation therein, be discharged friom such sertempts to malke or treat it as a crime, is nncon- vice or labor, but shall be delivered up on stitutional and void. claim of the party to whom such service or 2. The indictment against Langston has two labor may be due." Art. 4, Sec. 2. counts; the first of which is entirely similar to This is the only clause of the Constitution that against Bushnell; and the second of which frolmwhich anybody pretends to divine, or in alleges a similar rescue of Johbi while arrested which anybody pretends to find a grant of and held in custodly under a warrant issued'by power to Congress to legislate on the subject of a Commissioner of the Circuit Court of the the rendition of fugitives fr-om labor. I can United States, authorized by act of Congress find in it no such grant. The first part of it to issue such warrant, and, under the authority simply prohibits State legislation hostile to the thereof, to arrest, hold, and remove the person rendition of fugitives firom labor. Such fugidescribed therein to a foreign jurisdiction as a tive shall not be discharaed " in consequence slave. of any law or regulation" of the State into The acts of Congress referred to clearly at- which he shall escape. "But shall be delivered temlpt to confer on these commissioners the up." By whom? By Congress? By the powers and functions of a court; to hear: and Federal authorities? There cre 1no such words; determine questions of law and of fact; and to and no such idea ishintecld at. This is evident clothe their findings and determinations with firom an inspection of the whole of the precedthat conclusive authority which belongs only to llng portion of this article. judicial action. And the issue of the warrant Art. 4, Sec. 1: "Full faith and credit shall mentioned in the indictment was a judicial act. be given in each State to the public acts, reTho,se provisions of the acts of Congress re- cords, and judicial proceedings of every other ferred to, and all warrants issued under them, State. And thle Cotfngress may by gyeneral lazws are unconstitutional and void, for the following prescribe thle mcanner in which such acts, records, reasons:-' and lpoceedings shall be proved, and the eclect These commissioners are appointed by the the'eq'" Here, in the first place, is a compact Circuit Courts of the United States only; hold between the sCtates respectively- an agreetheir office at the will of sucli courts; and' are ment of the several States to and with eac~l paid by fees. Whereas, by the express provis- other, that the "public acts, records, and judiions of the Constitution of the United States cial proceedings" of each shall have " full faith (Art. 2, See. 2, and Art. 3, Sec. 1:), the judicial and credit" given to them in all. Had this seefunctionaries of the United States must be: ap- tion closed here, would any one claim that it pciated by the President, by and with the ad- embraced any grant of legislative power to Convice and consent of the Senate, hold their offices grcss? I thinik not. But the framers of the during good behavior, and receive a fixed. cobm- Constitution thought that Congress ought to pensation which may'not be diminished or in- have the power "to prescribe the manner in creased during their continuance in office. which such acts, records, and proceedings, should The warrant of such a commissioner, there- be provedl, and the effect thereof; " and hence fore, is a nullity; it could afford no authority to they gave the power in express terms. When hold John in custody; and to rescue him from they intended a grant of power to Congress, such illegal custody could not, by the law of the and not a mere contract stipulation bY, or in 228 -HISTORY OF THE junction'of duty'upon: the - States, thiey say so, article of the Constitutioll above' quoted, was and leave us no room for cavil on the subject. borrowed and transferred, with but slight verBut let us go on- bal alterations, from the carticles of confedlera Sec..2. " The citizens of each State shall be tion and the ordinance of 1787 - the first three entitled to all privileges and immunities of citi- froin the former, and the last from the latterzens in -the several States.". with this- exception only, that to the first of " A person charged in any State with trea- these clauses was added a grant of power to son, felony, or other crime, who shall flee from Con gress to prescribe the manner of proof and justice,' and be found in another' State, shall,' effect of public acts, records, and judicial proon demand of the executive:authority of the ceedings. Here; then', we have certain articles State from which he fled, be delivered up, to of compact —admitted or declared'to be'such, be removed to the'State having jurisdiction of and nothing more borrowed and'transferred the crime.". from.one instrument to another, with no intiThat these clauses of section two are mere: mation of any' ehange of their character as ararticles of compact between the States, depemid- tidees of compact, except in a, single instance ent on the good faith of the States alone for, where the change is' expressly declared.'' The their filfilmlent, I suppose no one will dispute. inference seems to me to be:irresistible, that, They do not confer upon Congress any power except so far as the change is -expressly dewhatsoever to enforce their observance. Then'clared, they'remained, after the, transfer, the follows the last clause of section two, in respect same as they were befobre articles of compact, to fuiitives from labor or service, first quoted. and nothing else. And this, like all the other preceding clauses of I conclude, therefore, that the States are this- article, except the first, is destitute of any bound, in fulfilment of their plighted faith, and grant of power, or even allusion to Congress or through the medium of their laws, legislation, the Federal Government;. Now, if' a grant of and fnctionaries, to deliver. up the'fugitive from power to Congress was, here intended, why this service or labor, on claim of the party to whom silence? If the framers of the Constitution in- such service or labor may be due' under the laws tended a grant of power to Congress in this of another State from which the fugitive has clause, why did. they not say so; as they did say fled. ~ But the:Federal government has nothing in the first' section, in. respect to"" public acts, to do with the subject, and its interference is records, and judicial proceedins?" - sheer usurpation of a power not granted, but It seems to me that no rational answer can reserved. be given to this question, except by a denial of But, it is said, the question is settled, and such intentions. Expressio6 tnius excl'usio alte- our argument comes too late. I deny that it rius, is a legal maximn as old as the common is settled. law. The express mention of one.thing implies - The federal legislature'has usurped a power the exclusion of things not mentioned. It is not granted by the Constitution, and a federal the dictate of reason and common sense. It judiciary has, through'the medium of reasonings is a maxim which applies' alike in the interpre- lame,'halting, contradictory, and of far-fetched tation of contracts, statutes, and constitutions-. implications, derived from unwarranted assumpIts application was never' more obviously tions and' false history, sanictioned the usurpaproper than' to the question before us; and tion. I deny that the decisions of a usurping when applied, it seems to me to bring with party in favor: of the validity of its own assuimpit a force little shoift of mathematical dlemon- tions, can settle any: thing. It is true that the stration.'. courts and legislatures of several of the States Thus far I have reasoned as if we were ignorant have decided in the same way; but they have of the liistory of the Constitution. But a glance been decisions of acquiescence rather than of at that histor'confirms.the conclusions to' which original and independent inquiry. The fact -we are brought by the ordinary rules of inter- that such jurists as Hlornblower, Walworth, and pretation, and'makes "asstlrance doubly Webster thought, on this. subject as I think, sure.".. - shows that the question is not settled. The fact h Thei Articles of Confederation, under-which that.a majority' of my brethren, as I understand the struggle for Independence was'carried them, admit' that if this were a new'questiOn throulgh and for which the'present Constitu- they- would be with me, and that they yield the tion of the United'States is a substitute con- strong leanings of their own minds to the force tained notlhinq but articles of compact. The of'the rule, of res adcljdicata alone, proves that fulfilment of its obligations was dependent upon -this question i:s not settled. The truth is, it is the faith of the States alone. The Congress not until recently that the mass of intelligent could make requisitions, but had no power to and:inquiring mind in this country has been enforce them.' - blrought t'o bear upon this question. It required Again: Certain provisions of the ordinance the enactment and enfoi-celenit of thie fugitive of 1787, for the government of the' territory slave act of 1850, overriding the most sacred North-west of the Ohio. River, were: in express and fiundamental guaranties of the Constituterms deciared to be " Articles of Compact.". tion, and disregarding in its provisions even the N.ow, every one.'of the clauses-of the fourth decencies-of legislation,-as if for the very pur OBERLIN-WELLINGTON 1RESCUE. 229 pose of irritation and humiliation, and the fine ment, the sole possessor of the only means of and imprisonment under it of white men for the revenue, in the employment of whiich the peoexercise of the instinctive virtues of humanity, ple can be kept ignorant of. the extent. of:.their to awaken. general inquiry. — That inquiry is own burdens, and with its overshadowin_,. patnow going'forwardc. And so surely as. the una-:ronage, attracting to its. support the ambitious tured convictions of the nasslof intelligent mind by means *of its honors,. and the mercenary in this country must ultimately -control the through the lllediuml'of its emoluments, will operations of government in allits departments,, speedily become, if it be not'already, practically so surely is this question not settled..Wheni omnipotent. it is settled right, then it will be settled, and not. These were my opinionsj freely. declared, for till then... years before I had the: honor of a seat on this But contemporaneous construction is. aup- bench;.,and, having learned nothing during the pealed to. I admit its weilght, and its title to -pendency of these cases to change,but miuch.to respectful consideration. But contemporane- confirm them, I know. no. reason why I should ous construction_ speaks - with a divided ptice.- hesitate to avow them. now. It is true, Congress as early as 1793 legislated. I give my voice in'favor:of the discharge of for the return of fugitives from labor. Buti the relators. nearly if. not quite every one of, the old States had also legislated on the same- subjectin ful-' 9 Judge SUTLIFF agreed with Judge BrINfilment of what they deemed a matter of con- KERIIOFF in- dissenting. fro-the opinion of the stitutional. obligation resting on them. And majority. H-is opinion- was very elaborate and such legislation on the part -of the' States, old anLd new, continued until the Supreme Court of fill, but professional cuties forbade his prepa - the United States, in the Prigg case, so late ass in season for this work,.and be 1842. (1.6 Peters, 539), assumedl-for the federal therefore favoredl s with the following syllagovernment exclusive authority over the -sub- bus:ject. And those who appealed to eontemporaneous construction should tlhemselves respect it.. JUDGE SUTLIFF'S. OPINION. From the foundation of the government until SUTLIFFm, J., held -. -within the last ten years, Conoress claimed and That- the. return to tlhe writs, necessarily exercised without question, full and complete presented for consideration the constitutionality legislativel power over the territories of the Uni- of the Act of.-Congress- of- 1850, called. the ted States; and as early as 1828, in, American,Fugitive Lawv. H-e thought that if-the. Court Insurance Company v. Cantels (1 Peters, 546), were satisfiedl. beyod. reasonable doubt, that the Supreme Court of the United States, Chief Congress. had no power to legislate for the Justice Mlarshall delivering its. opinion, unani- extradition of fugitives -friom service; or even, mnously decided that in the territories Congress.if havinf such power, the law under which the rightfully exercises the "coimbined -powers of prisorners were. held was clearly repugnant' to the gelneral and of a State' government.":Yet, express provisionsof the Constitution. In either in the. recent case of - red. Scott v., Sanford case thle return -to tlhe writ was insufficient. (19 Hoaward, 393), all this is overturned and After a careful examination. of-the whole disregarded, and the: whole. past theory and subject, he could. not say that he had any practice.of.the governmelnt in. this respect at- reasonable doubt.that this Act of Congress was tempted to.be revolutionizedl by force of a judi- unconstitutional upon both grounds. cial ipseldixit. We are thus -invited by that Upon the first ground he insisted upon the Court back to the consi(leration of first princi- consideration that the legislative power being ples; and neither it nor those who rely on its in: the States respectively prior to the ladoption authority have a right to complain if we accept of the. Constitution, tihereasonable presunlption the invitation. as well as the, express.provision of the tenth. I know of.'no way, other.than through the amendment of. the Constitution,. showed -.that action of the State governments, in.whi~ch. -tle power still remains with. the, States,: unless delereserved rights and clpo:wers of the States can be gated under the Constitution. to:tle Federal Preserved, and the guaranties. of individual Government. And if the power elaimed by the liberty be vindicated. The history of this.coun- Federal Government, to. legislate, it is.inculntry, brief asit is, already shows -that the federal. bent to show title thereto, by.pointing:out; the; judiciary is never behind -the other departments clause under which,-th te -same:had been: ceded. of that government, and often foremost, in the bythe States.-~ assumption of non-granted powers. And let it HeI then referrectlto the rules given by cornbe finally yielded, thlat the.federal governlent'mentators, which were applicable.to the. conis, in the last resort, the authoritative judge of the. struction.of the Constitution.:. 1st. That-the extent of its own powers, and the reservations meaning of the instrument was. to be sought, and limitations of the Constitution, which the: for- according to, the sense of. the terms and framelrs of that instrument so jealously endeav- ulnderstandingl of the parties:.; that where -the ored firmly to fix. and guard, will soon be, if they terms are clear and the.sense distinct from the. are not;already, obliterated; and that governl- langualge, recours e to..other.means is. not' ad-. .230 HISTORY OF THE missible to ascertain the meaning. 2d. Where vided for the surrender of fugitives from service the words are not plain and clear, but the in other cases than that mentioned in the Conmeaning ambiguous or uncertain, is the only stitution; that while the provision of the Concase where interpretation is allowable; that stitution was only for the delivering'up of fugicontemporaneous history, or interpretation, can tives " held to labor in one State under the laws only be resorted to, to escape some absurd con- thereof," the act provides for the surrender of sequence, or guard against some fatal evil, etc. fugitives " held to service or labor in any State," He insisted that the meaning of the clause,. merely. The act was as general in its terms as "No person held to service or labor," etc., any law upon the statute book, and its provisunder which the power to legislate was claimed ions were applicable to all other general laws, for Congress, was neither uncertain or doubt- to every person within the State. It was, thereful; and that the maxim, "It is not allowcable fore, not only unconstitutional, in that it was ellnto inter;pret what ha no ne0 ed of initerpretation," acted without power, and in authorizing unreaought to apply; that the clause was a naked sonable seizures, and in cases not provided for compact, the same as the two precedlin clauses, by the Constitution, withlholding due process of which, while standing in the Articles of Confede- law, and denying a right of trial by jury, etc., ration, had been named and regarded as mere but was, in its provisions, a flagrant suhversion compacts. HIe urged that power to Congress of the munlicipal laws of the States for the pro-being expressed in section first and section third tection of the personal rights of their citizens. of article four, and not expressed in section In determining the constitutionality of the fuisecond, the maxim exlpressio lunius, etc., applied tive law under consideration, and upon which -with double force. He insisted that the plain the conviction and sentence rest, the act is to and obvious sense of the clause was simply a be regarded as one equally applicable to any treaty stipulation, the same as the one providing free citizen of the State against whom a claim that"' The citizens of each State shall be entitled for service may be preferred by the provisions to all privileges and immunities of citizens of the thereof. several States," and was never intended, and Hoe referred to the various judiciaI opinions could not have been understood, to be a cession expressed, some incidentally, and others directly of powers to Congress to legislate. He denied in favor of the authority of Congress to legisthat contemporaneous history was admissible, late upon the subject of fugitives. The case of inasmuch as the people adopted the Constitu- Prigg v. Pennsylvania (16 Peters, 539), is the tion, not upon history which was not submitted only case relied upon in which the Supreme to them, but upon the letter of the text which Court of the United States has ever attempted was; and when submitted to them, they'must to offer any reason for the claim of power iil be presumed to have read and understood it Congress on the subject. The question was not according to its obvious meaning. then necessarily before the Court for decision; Referring, however, to contemporaneous his- their opinion expressed in that case was, theretory, he showed Yery clearly that nothing fbre, necessarily, only an obiter dictumn; andl could be gained from that source, even if though expressed in favor of the power, it was allowable to refer to it, to show that it was only by an acknowledged disregard of the gemseither understood or intended that power should eral rules of construction, applicable to the Conbe delegated to Congress to legislate in rela- stitution, and upon a mistaken statement of contion to fugitives from service. The'Fugitive temporaneous history,' and this, too, when reflaw of 1793 was passed for the proposed object erence to contemporaneous history was not of reclaiming fugitives from justice, with very admissible, even if correctly stated. The Van little attention given to the bill at the time, Zandt case' (5th Howard, 229) was only a rethat the question of power was not considered. affirmance of the former opinion; as is the But the States, on the other hand, claimed a.lnd opinion recently pronounced in the case of the exercised the power of legislating upon the United States v. Booth. same subject; and the States continued to IIe also referred to the contrary opinions as legislate upon the subject until the decision of maintained and expressed by TMr. Jefferson and the Prigg case in 1842. Mr. Madison, in their resolutions of 1798, inHe then remarked upon objectionable features troaduced into the legislatures of Virginia and of the Fugitive Law of 1850; the commission- Kentucky, in relation to the power of Congress ers were vested with judicial powers unconsti- to pass "an act concerning aliens." iHe also tutionally. By the provisions of the law the referred to the opinions of Chancellor WTalright of trial by jury and due process of law worth, Chief Justice Hornblower, Judge Baldwere denied in violation of express provisions win, and Mr. Webster, maintaining that Conof the Constitution; that the provisions of' the gress had no power to pass a fugitive law, inConstitution guaranteeing these rights, being sisting.' that the power belonged, under the contained in the amendments of the Constitu- Constitution, to the States alone to legislate tion, they must have full force, however they upon the subject. may qualify the tight of the claimant to a sum- Speaking of the previous decisions of the mary removal of the person owing service. He Supreme Court upon the subject, and the relaremarked that the Fugitive Law of 1850 pro- tions of the State Judiciary to the Federal, he OBERLIN-WELLINGTON RESCUE. 231 insisted that the State and Federal Judiciaries convicted and imprisoned, that, in his judgment, were each, by the Constitution, left independent, they ought to be forthwith discharged. and ought to act with perfect independence; that it was not only the right but the duty of' The petition- of the relator from Cincinnati the Supreme Court of the State-in a case was dismissed, as the return showed that the clearly of importance to the State or its citizens, sufficient to justify such a course, and under proceedings against him in the United States circumstances which would dictate such exer- Court were still pending and undetermined. cise of their discretion - not to suffer a ques- The case was similar to the first application in tion to be settled, as to any case coming before behalf of Mr. Bushnell. them, against their clear convictions of the con- - The opinions were scarcely read, be stitutional rights of the State, or its citizens. He urged that they would not suffer them- fore Marshal JoHNsON and District-Attorney selves to be thus governed by any adjudication BELDEN called upon Sheriff WIGIITMIAN to made by the Federal Court in another case. This say, that, as, according to the Booth decision, was notjudicial insubordination, but the judicial all interference of State Courts with United independence contemplated by the Constitution of' the United States, and which he believed it States prisoners, by hlabeas corpius or otherwise, the duty of the Supreme Court of the State to was unwarrantable and illegal; the journey of exercise in this and all similar cases. It was the Bushnell'and Langston to Columbus was cononly position, in his judlgment, peacefully and structive escape from jail, and he must therewith due respect towards the Federal Judiciary, to maintain the independent State sovereignty ore add six days eah to their sentences, to contemplated bythe rainers of the Federal Gov- compensate for the time they had been "at ernment, and to avoid an unconditional surren- large " before the Supreme Court. der of the constitutional powers belonging to th The Sheri? be ing otliiorwse aSvised by his States whenever usurpcd by the Federal Gov- counsel, and assured that such conduct would reneminent. Entertaining these views, he added, and, af- der him liable for false imprisonment as wellasfor ter carefully examining the Constitution and "constructive" contempt of the Supreme Court, the Act of Congress in question, with the aid declined obedience to this order, and discharcged of all the reasons and light alobrded by the va- Langston on the following Wednesday, twenty rious opinions and authorities referred to, hayins no reasonable doubt of the unconstitutionality days having elapsed since the date of his senof the act upon which the prisoners had been tence. CHAPTER FIFT H. hN gratifying contrast with the charge of this State; or to attempt to kidnap or forcibly Judgye WVillson to the Grand Jury that indicted or fraudulently carry of or decoy out of this the Rescuers, we place on record here, as intro- State, any suc free black or mulatto with the intention of having such person cahrried out of ductory to'the this State, unless in pursuance of the laws thereof. INDICTBIENT AND ARREST OF THE thereof. It also (Sec. 2), makes it an indictable misdemeanor, to kidnap or forcibly or fraudulently, the manly charge of Judge Carpenter to the carry off or decoy out of this State any black Lorain County Grand Jury. or mulatto, within this State, claimed as a fugitive from service or labor; or, to attempt to CHARGE OF JUDGE CARPENTER. kidnap or forcibly or'fraudulently carry off or Gentlemen of the Grand Jury: — Your Pros- decoy out of this State, any such black or muMuting Attorney, as a very pertinent part of latto, without first taking such black or mulatto his duty, has requested me to call your atten- before the court, judge, or commissioner of the tion to the acts to prevent kidnapping. There proper circuit, district, or county having jurisis a statute against kidnapping white persons. diction, according to the laws of the United Its provisions are plain and I need only men- States in cases of persons held to service or lation it. I bor in any State, escaping into' this State, and The Statute passed April 17, 1857, Sec. 1, there, accordingl to the laws of the United makes it an indictable misdemeanor, to arrest States, establislhing by proof the claimant's and imprison or kidnap, or decoy out of' this property in scih person. state, any free black or mulatto person, within It will be seen that this statute contemplates 232 HISTORY (O1 T.HE. two classes of blacks. and mulattoes, the free State, and stop there. For, giving to the Coiiand the' not free: — that the first section pro- stitution of the United States the'loosest conp vides for the protection of free biacks:and'mu- structi6n, the utmost latitude: for slavery, which lattoes, and that the second section provides, has ever been given it by. any authoritative first, for the security of the public peace against decision, the only possible case. of a legal liabilall provocation to break it in revenge, or pre- ity to be. arrested and returned into slavery vention of any abduction from this State of any from within the boundary of Ohio, is that of a black or mulatto not yet legally proved to be a fugitive slave escaping out of a slave State into slave - and, secondly, for the protection of all Ohio. He must come intoo Ohio.in the act of free blacks and mulattoes in this. State, aainst escaping; a fugitive, - and this fugitive charthe hopelessness of proving' their freedom in aeter mutst belong to -him'at-the moment he enanother State, where complexion is presump- ters the confines of Ohio,: or he leaves the status tive of their legal enslavement,- and against ofa slave where lie leaves'the slave State. For, the hopelessness of any immunity to them from by the decisions of all civilized nations, slavery force, in a State where the legal status claimed is against natural rights, and can exist only by against them, has' its origin and maintenance, positive law.' This,. until very recently, lias not in the law of nature, but in force alone.: - been the authoritative doctrine of our slaver The misdemeanor here' defined, tlien, is'the holding. States, as well as of all others. Slavery, claiming of any black or:mulatto,.within Ohio,h then, being against the law of nature- and exwhether free or not free, to be a.fugitive from isting only by positive'local' law, it is clear that service or labor, and the getting, or attempting this positive local law cannot extend beyonclthee to get'him out- of Ohio before such claiii has jurisdiction of the power which makes it. It is been legally proved, with intent to enforce such equally clear, that the right of -this local law to claim. The' gist of the. offence is the getting,l hold a slave cannot go farther than this law can or attempting to,get him out of the. State be- go itself; that the slave, having a. natural rigiht fore he is proved to be a fugitive slave, with in- to freedom, and being held -a slave only-by a tent to holl him as such.' local law' which violates that right, thie momenl The'Constitutioni of Ohio inhibits slavery, he is beyond the arm of that local law, his and re,,ards all persons as free except crirminals. natural ioht to fi eedom resumes its emlirCe. -No doubt, however, the legislative intendment The -instant, tlherefore, the slave, by anlly means of the second section of this statute refers to not as a fugitive, crosses our boundary, he is slavery as the condition of certain persons in baptized in the air of freedom;.and that bapother' States, and' as the possible'condition of tism is irrevocable. such pertsons in Ohio, for the purpose of'recap- The law of Kentucky -cannot of itself reach tion and return only, in case of' their escape into Oelio.h.The.C6nstitution of the United from that condition in another State into this. States, aecordino to the construction adopted This, being a criminal statute, must be con- by this statute, extends the slave law of Kenstrued somewhat strictly against the State. tucky into Ohio, for the sole purpose of recapPassing over the question, then (upon which tion and return in case of the slave's escape much might be pertinently and strongly said), into Ohio, and only in such case - and that too, whether any person in Ohio, not charged with with suich executory motlifications as the State crime, can be legally otherwise than free, we of Ohio has found it prudent to enact for the must give to. any one indicted under this statute, safeguard of its. own citizens. But, that A is the benefits of this strict construetion. admitted to have.been a slave "yesterday in But'thlis statute iecognizing the possibility of Kentucky and is found to-day in Ohio, raises finding a fuiitive in"'.hio liable to be seizedi nopresumption that lhe came into Ohio by an and returned into slavery, it imay become im-' illeal ecape. Whatever a man does which in portant'in'-our inquest, to know when there himself is not unlawful, the law presumes bim to arises a lecal presumption. of this liability, and do innocently. WTe caninbt, therefore, legally what are the legal presuinmptihs to the contrary. presume because he was yesterday a slave in Who, then, is presumed to be free? Every- Klentucky, and to-day is in Ohio,:that he came body. Every man, woman, anid child, in Ohio, lere in violation of law.-even of the slave of whatever birth, descent, parentage, col- Ilaw. The legal presumption is rather that he plexion, or conformation, is presumed in law to came here, as lawfully he. might, by consent of be fiee. WVhoever interferes with this freedom his master. Or, if that presumption should, be is presumed to do it in'violation of law. Who — rebutted by evidence, then the leoal presumpever is charged with. suclh interference'must tion would be that he cam hee herby. the act of deny the charge, or show his'authority for the God - by te winds or the waves, in spite of interf'rence, or be held g-ulity., if the inte- hiimself —- unless'thbre were some evidence ference is proved against him, the legoal pre- pointing t o a' different conclusion. For, I cansumpption then is, that he has violatedi tie law; not hold tthe mere facts that a man was a prisonand it devolves on him to show his right to in- er in Kentucky yesterdlay, and is at large in terfere. Ohio to-day, to be any evidence that his enlargoe It would not change this presumption, to show ment is illeal.. that the prisoner had been a slave in a slave Certainly7 the slave's coiing here by the act OBERLIN-WELLINGTON- RESCUE. 233 of God, is not an escape. And since thle slave have the people of'Ohio -distinguished any status can exist only by the concomitancy of other resident person in respect of' color, than the Slave law, and since the Slave law can be whites, blacks, and mulattoes. By necessary concomitant with his person here only by the implication, those male citizens of the United slave's escai hithr hhe, iscoming here by the States in Ohio who are not entitled to vote act of God must leave his status as a slave be- at all elections, are not whites, but are blacks hind him, and invest him' with the inevitable or mulattoes. Did the people of'Ohio, in status of a freeman. adoptilng their Constitution, mean to exclude Nor ouIght the master to complain of this in- from their Bill of IRights men whom, in the evitable necessity. Oudght he to ciomplain of same instrument, they declared to be citiinevitable death'? And, if not, he ought not zens of the United States! Not at all. This to complain of an act of God which releases construction is confirmed by article nine, sechim with no worse result to the master, but a tion one, -" All white male citizens residents result al ays dclue a-slave by the law of nature? of this State.... shall be enrolled in the Should the whirlwind which releases the slave militia," etc. Now, here it is providled that by death be bhlameless, and the whirlwind which those who are to be enrolled shall be made citistops short of death, but drops him in a free zens, be residents, be whites. But this necesState, be blameable?; In each case, the Slave sarily implies, first, that there are male citizens law would end beerause the slave was beyond its here who are not residents of'this State.; and, jurisdiction by the act of God. therefore, this word " citizens," must heure probaIs there any thing, then, in the case, which bly mean citizens of the United States: and, secshould palsy our law, whenever the man thus ondly, that there may be citizens of the United fieed migiTht claim its protection? Neither the States here who are not whites, and, therefore, law of nature, nor the common law, nor any are either blacks or mulattoes. Or if the word enactment, nor any comity of State, indicates " citizens" here means citizens of Ohio, then any such thing. blacks and mulattoes may be citizens of' Ohio. If, then, the evidence should convince -you This presumption of universal fieedom is supof an attempt forcibly or'fraudulently to carry ported by the common. sentiment whlich gave off or decoy out of this State any b!lackor mu- our nation birtllh'; and which, therefore,.may latto, or to arrest-or imprison any such person, well be regarded as a part of' our common law. with intent to have hlim carried out of this State), It is expressed in our Declaration of Ilidependnot in pursuaince of the laws of Ohio, and'c i' ence, - a declaration of no ne-w discoveries. you do not find from eviden/ce that lie came ill- It was but the utteranceC of principles so colllto Ohio:by an actual escape from service or mon, so pervasive and so long felt that they labor, whatever the proof may be that he had were there, set forth as an indmisputable law of been a slave, you Will hold him to be free, and hunman nature. I kno.w that tllere is a puerile that the'act described was a misdemeanor, fbr cavil, that the language-" All men are crewhickh you will indict whomsoever you find to ated equal, and are endowed lbr their Cieahave committed it. tor with certain nulalienable'rigolhts -. among In this position, that the law presumes every these are life, liberty, and the, pursuit of -hapman in Ohio to be free, I am uplheld by the piness "-was not intended to include black Constitution of this State, as well as by that of men. It requires more than ordinary patience the United SLates. to answer this cavil, when we remember that Our.Bill of Rights beins, " Sec. 1. All men the very point in dispute between the colonies are by nature free and: indepenldent. Sec. 2. and the mother country was whether the sovAll political power is inherent in the people. erleilty of Great Britain was illimitab!le, or was Government i iinstituted for their equal protec- liited by tlie e(qual: and unalieable rights of tion and benefit."' all malnkind; the' administl ation claimiin' that Does any caviller pretend that the words, the sovereio'nty of the Kin, uand Parliament " all men," in the first section, and in the second, wvas without limitation over its subjects, and the "people," for whose equal protection and bene- colonists replyinf that human sovereignty was fit goverllnment has been instituted, were meant always limited by the equlal:lights of'all its suibto exclude blacks ancld mulattoes? In darticle jects, - the unalienable rights of all mankind. five, section one, we find, " Every white male Tiey elammiel tait w henever human sovercitizen of the United States of the age. of twen- eignty so overstepped its lawful sphere as to ty-one years, who shall have been a resident of trample upon these unalienable rights, it was the State one year,... shall.... be enti- itself a rebel against the law that liilits it, and tled to vote at all elections." light be lawfully overthrown. And when arNow the word 1" white" here describes cer- aument was exhausted, and they stood upon tain male citizens of the United States, and their rihlits, they held forth these self-evident distinlluishes them from certain male citizens truths,'and madce their appeal uppn them to all of the Ullited States of some other color. the world. If, from these unalienable rights, This conclusion is inevitable from the lan- their lanauage had excluded any part of the. guage. But neither, in their legislative nor in human race, their appeal would have been a their judicial acts, nor in their common speech, mockery. 30 234 HISTORY OF THE The second section of this statute, as before nine days, when I brougcht them before the stated, provides for the case of one claimed as Court as within I am commanded. a fugitive from service or labor, and prohibits H. E. BURIn, SherifT. any attempt to get him out of the State, except as prescribed by the laws of the United This indictment being found defective in the States. Sjtates. orthography of M1Vr. Mlitchell's first name, a It is very probable the highest judicial au- orthography of Mreturned as foll's first nae, a thority of Ohio would hold so much of that new one was returned as follows: Uniitd States statute, known as the Fugitive Slave Law, as authorizes the recaption and Lore S tate of Ot, return of one claimed as a fugitive without the trial by jury, to be unconstitutional. But, as At a term of the Court of Common PleTs, this criminal statute seems to recognize that begun. and holden at the Court House, ia provision of the Fugitive Slave Lawv as valid, Elyria, within and for the County of Lorain, we pass by that question, to note what, if it is and State of Ohio, on the seventeenth day o, not more favorable to liberty, is, at least, less Mlay, in the year of our Lord one thousand favorable to tyranny. The only person au- eight hundred and fifty-nine, the Jurors of the thorized by that act, to pursue and reclaim Grand Jury, good a;nd lawful men of the such fugitiive, either by warrant, or by seizing count)y aforesaid, then and there duly returned, him without warrant, is, first, the master, or, tried and sworn, and charged to inquire within secondly, "his agent or attorney, duly author- and for the body of the county aforesaid, at ized by power of attorney, in writing, ac- the term of the Court aforesaid, upon their knowledged and certified under the seal of some oaths aforesaid, and in the name and by the legal ofIicer or court of the State or Territory authority of the State aforesaid, do find, and in which the same may be executed." present, that Anderson Jennings, Jacob IK Any person but the master of the actual Lowe, Samuel Davis, and Richarl P. Mitchell, fugitive, or his agent or attorney, authorized in on the thirteenth day of September in the year every particular as above stated - by power of one thousand eight undred anil fifty-eight;, attorney, in writinff, acknowledged and certi- with force and arms at the county afoiresaid, fled under seal strictly as prescribed by the unlawfully did arrest and imprison one John statute - any person, but the master, not thus Price, the said John Price then an-ld there being fortified as agent, who, claiming such fugitive, a free black person then and there within the has, within this county, done or attempted as State of Ohio, with intent then and there and expressed in this criminal statute by process of thereby of having said John Price carried out the United States or without it, violated the law of the said State of Ohio; the same not being of Ohio, and should be indicted at your hands. in pursuance of any law of the State of Ohio, He who handles edge tools lmst run the contrary to the form of the statute in such risk of cutting his own flesh. Thel severity of cases made and provided, and against the peace that old judge, who, if the extortioner would and dignity of the State of Ohio. have his pound of flesh, because it was so nom- And the Jurors aforesaid on their oaths inated in the bond, would hold his life the for- aforesaid do farther present and find that tle feit if he shed one drop of blood, was but the said Anderson Jennings, Jacob K. Lowe, Samseverity of simple justice. uel Davis and Richard P. Mitchell on the thirteenth day of September in the year one On tile 15th of F]ebruary, 1859, the Grand thousand eight hundred and fifty-eight, at the county aforesaid, one John Price tlien and Jury, thus charged, returneed a true bill ag;ainst there being, the said John Price being a black Rufus P. Mitchell, Anderson Jennings, Jacob person then and there within the State of Ohio, K. Lowe, and Samuel Davis, for kidnapping and claimed as a fugitive fiom service, did then and attempting to carry out of the State in an and there with force and arms unlawfully and unlawflmannerto ary oegr boyte ntamed Jon a.forcibly attempt to kidnap and carry off out of unlawful lmannerz, a negrro boy named John the State of Ohio, without first taking him, the Price. said John Price, before the Court, Judge, or Upon this a w arrant was issued to the sheriff Commissioner of the proper circuit, district, or of Lorain count-, which he returned indorsed county having jurisdiction according to the thus - laws of the United States in cases of persons held to service or labor, in any of the United State of Olhio, )States, escaping into the State of Ohio, and Lorain County,S. then and there having jurisdiction according to said laws in the case of said John Price so I executed this writ by talking the body of claimed as a fuaitive from service, and then the within named Anderson Jennings, Samuel according to the laws of the tTnited States Davis, and Rufus P. MIitchell, {May 11, 1859, establishing by proof their property in him the and Jacob Ki. Lowe, April 4, 1859, and re- said John Price, without the consent of the tained them in my custody for the period of said John Price, and against his will, and conrv OBERLIN-WELLINGTON RESCUE. 235 trary to the form of the statute in such cases due acknowledgments, we avail ourselves of the ma(le and provided, and against the peace and results of their labors. dignitv of the State of Ohio. We quote from the columns of the Leader WV. W. BOYNTOrN, Prosecuting Attorney. q without alteration;And hereupon a new warrant was issued:TRUTH OF HISTORY VINDICATED. The State of Ohio, I} Being fall accounts of U. S. District Judge Will.Lorain County, son's connection with the Kidnapping of a To the Sheriff of said County of Lorain, colored boy in the year 1841 —a copy of the GRErETING: i Indictment found against Jackson, LindenberWe command you that you take An- ger, and Villson, for Kidnapping and a'[SEAL.] derson Jennings, Jacob K. Lowe, copy of the Requisition made by the Governzor Samuel Davis, and Richard P. Mitch- of New York on the Governor of Ohio for the ell, if they be found in your bailiwick, and lfidnappers! them safely keep so that you have them before our COUnRT OF COMMON PLEAS at the Court [From the Akron Beacon.] House, in the Town of Elyria, in and for said FUGITIVES FROM JUSTICE AND FUGrCounty, on the 18th day of May, 1859, to an- TIVE}S FROM SERVICE. -At the term of the swer an indictment for kidnapping John Price. United States District Court, at Cleveland, as Herein fail not, but of this writ and your our readers know, some thirty-seven citizens of service thereof imake due return. Witness Lorain county, were indicted for rescuing, or Roswell G. I-Iorr, Clerk of our said Court, at aiding and abetting in the rescue of a man Elyria, this 18th day of May, A. D. 1859. claimed as a fugitive slave at AVellington. It is ROSWELL G. HIORR, Clerk. charged that one of the Grand Jury was the person who through thle agency of' his son, en-wlhich was indorsed in due form as hav- trapped the negro in question, decoyinu himi Ing been served and returned on the day of its under pretence of employing him to work. The charge of Judge Willson to the Grand Jury was published in the Cleveland papers, and furThe Journal entry of the Court is as fol- nished the subject of not a little comment. The kows-:- Leader, in connection with the proceedings, observed that " a tale could be unfolded touch-'The St~ate of Olhio,) ~Hs i, i~jling an indictment in Erie county, New York, v. May 19, 1859 for violating the laws of that State, by aiding Anderson Jennings. and abetting in kidnapping a colored man from Buffalo, for the purpose of returning him This cause came up, for hearing, upon de- to slavery." fendants' motion for a continuance, upon con- facts referred if fully sidlerationl of wvllichl the Cotlrt overruledl said The facts referred to by the Leader, if fully sideration of which the Court overruled said motion, and set the case down for trial at the narratecedents" to throw livit uponiesoe of erta present term on the 6th day of July next. persons who have been and are prominent beAnd thereupon camoe the defendants and moved pber the public. the Court to grant them a separate trial, on In 181 enr.t aynendpublirac. consideration of -which thl Court overruled In 1841, IleryB. ayne and eiral V. Willsaid motion. It was farther ordered that said son were pactising law in Cleveland, under the firm. niamne of Payne & Willson. J. AV.; defendants be released from custody on enter- the firm name of th e Cleveland illson J was a ingr inltO bail for thleir appeaiance with good Gray, now of the Cleveland Plaindeater, was a in(g into bail ~ for their appearance with good student of law in that office. and sufficient surety i the SU of eiht hu- student of law in that office. daned dollars each. Henry Jackson, a mulatto, kept a barber shop in Cleveland. In the summer of that year, two 0. S. W:Vadsworth, Joselph L. Wrhiton, and fugitives from service, from Louisiana, we beWa theplieve, were staying with Jackson, in his. employ. M~Ialachi'Warren thereupon became surety in They had confideld their story and the name of the sum of $3,200 for the appearance of the the party from whom they escaped, to their elrdefendants for trial on the day named. ployer, Jackson. To Roswell G. Horr, Esrq., Clerlr of the In consequence of sonle disagreement, they Co urtwe' are. indebted fo. Certfdci of the left Jackson and sought employment elsewhere; Court, we are indlebted for certified copies of oe of them, Alek, a likely llulatto, as a barber all the proceedings in this case. in Buffalo; the other as a cook on the steamer Wre have next the history of another kid- De,Witt Clinton. napping case, which is of interest in this par- Enraged at their leavinlr him, Jackson went ficular connection. It was compiled from orig- to the office of Payne & Willson, and disclosed their entire story, and, perhaps hoping to get a inal documents, or certified copies, by the rewvard, procured a letter to be written to their Editors of the Cleveland Leade;r and, making owner or claimant in Louisiana. 236. HISTORY OF' TT HE The State. fugitive law was then in force in errand. Mr. Rogers, of Buffalo, was then DisOhio: -" An Act in relation to.fugitives from trict-Attorney. A bill of indictment was found service and labor ". passed bythe ~Legislature of against Vernon Littenberger, Henry Jackson, 1838-9. (In the iPrigg case it was afterwards and Ili'aim V. Willson,' for kidnapping "or aiddecided that all such leaislation by the States ing and assisting in the kidnapping of Alek. was unconstitutional, and this act was re- A requisition was made by the Governor of pealed.) It was then a cheap and convenient New York upon the Govern6r of Ohio for the.process of rendition.' surrender of these three " fuhgitives from jusIn due time,Mr. Vernon Lintenberger, of tice," and about the.15th day of September an Louisiana, appeared in Cleveland with the evi- officer camne up friom Bufflalo to receive them. - dences of title, and with authority to reclaim By some means- supposed to be by a friiendly the fugitives. The public mind' uwas somewhat whisper. from one iof the Deputy-Sheriffs -.sensitive at such transactions then, and it was Lintenberger got. wind of the proceedings, and desirable to secure. the. tawo in the samled boat, disappeaied.. Jackson also vamosed. He afand dispose of both cases at'once. Linten- terwards.located at Cincinnati, where he resided berger ibund shrewd advisers. A warrant for up to the. time of his death, a year or two since. the arrest of the boys was issued by Justice The proceedings as to. Mr. Willson were drop-Ioadley,_ and placed.in the hands of an officer, ped, the principal in the affair having escaped. we believe, named Wait. In a general jail breaking, Alek, who had To get Alek.from Buffalo to Cleveland.re- been again put in jail, escapecl without waiting quired dextelous nmanaement.. But Linten- for the.hearing in habeas corpus. The otherbTeger, the barber,.Jackson, and the attorneys, if we mistake not - was discharoed on account were equal. to the emmerency. The two first of some informality or defect in the title papers naamed and H. V. Willson, Esq., went to or proceedings. Bufialo. Arriving there, Jackson went to per- Nothing is known of their fortunes thereafter. suade Alek.to coine back- t~o Cleveland rwith Lintenbelger is equally unknown to present him on. the De WVitt Clinton; assuring him fame.:. that lMr. Hanks, the painter, was anxious to -I. V. VWillson is now, Judge of the United take him as an appirentice, andltlat if he would States District Court for the Northern District go ait once he would secure this. desirable situa- of Ohio. tion, aid that the opportunity was too good to _Jackson,. as alreadly stated, is dead. be lost by delay. The tale is told fairly, though, perhaps, in Alek's objections. were overcome, Jackson some points imperfectly. We do not know that promising to pay his passage. money, etc., and it demands any comment from us,. further than thus he was deco ed on board -the De Witt to say that it shows that the " figritive from jusClinton,. his fellow fu'itivte being a. cook on the tice" clause, like the " fugitie -friomn service same boat, and the whole party returned. Ar- and labor " clause, has sonmetimnes, through conriving at Cleveland, Jackson in a friendly way iivalnce, failed of.colplete execution. conducted Alek up, the street, where, by preconcert,. the oflicer was. waiting for' him, and securing him, they proceeded to the boat and From the Cincinnati Philanthropist, of Nov. 10th, 184k. arrested the other.., Thus tlhey were captured BASENESS. together, which was an important point gained. They wvere placed in the jail for safe detention, Cleveland, Oct. 12, 1841. and the jailer was directed -so it was. reported Dr. Bailey: —-,As.imuch interest lihas been to allow no person access to them.- The excited in the case of the two colored personsj arrest was made about the third.of September, recentV lykidnapped in the. State of New Yorkl; 18341 I now forward1 you a short account of this.atroA 7abeas corpu s.was sued out on their behalf cious transaction, with the namles of tllose conby Thomas Bolton, Esq., nlow President Judge cerned. of the Common Pleas, who being then prosecu- In August, a fellow by the name of Lindentor of the. County, had no difliculty.in gaining berger, from Louisiana, an expelled officer fr-om access to the prisoners. The habeas co, pus was thle United States army, and a regular slavereturnable before Judges Josiah Barber: and hunter, came to this city. He called on one Fred. Whittlesey. For some reason,. we do Jackson, a mulatto barber, and presented him not recollect precisely wvhat, thle hearino upon with, two dollars, thereby obtaining his confithe habeas copus.was postponed, and the tboys dence, and filom him learned that he, Jackson, held iln.$1,000 each. OIne of thlem, Alek, was had employed a yellow boy by the name of bailed out teniporarily by John Brow-n, a well- Williams, then living in Buffalo, and also that known barber in Cleveland, for thie purpose, the barber had'assistedcl fitives on the way to we think, of enabling him to go to Buffalo, to thelahd of liberty. The hunter now sought make complaint before the Grand Jury of Erie for and foundt:suitable persons to aid him.in his County,.New:Yoik,- against his abductors. vile prqiect, in the firmll of. Pane & WPillspn Two gentlemen, whose names it is nieedless to ((H. B. Payne and H. V. Willson, technically give, went also to buffalo upon the same known by the name of "' Foggz & Dodson.") y co~~'DT OBERLIN-WELLINGTON RESCUE. 237 @.. * i,..,,............ It is declared when he- read the black law of Ohio, unnecessary to detail the black tissues of false- "that if a man should return to him one of his fuhood with which tihe yellow boy Williams, and gitive slaves under this law, he should watch him, another colored man were inveigled. to this while in his house, for fear he would rob. him!" city. Upon landing, the yellow boy was di- The lil, who was on the boat, a pious and derected to some distance, where he was seized voted member of the Baptist Church, says that by the jailer, whose christian name is "Lib- Payne there told him that he had got fronim Linerty!" [WaXite.] The victims w:ere put. into a denberger $100, and that he had done with carriage, and hurried to the house of Associate'the suit, thus violating the old adage, "-honor -Jude Barber, who it was expected would order among..," etc. Another colored man the boy into bondage. Fortunately, the Judge who was on bard the boat, said that Payne was gabsent. The: county jail, built by the mistook him for.Villiams, and advised him to money of freemen, was now opened to secure flee to Canada and forfeit his bail. Was not these kiditappecd victims of tyranny. eOn the Judge Clay correct in his opinion? filowiing day they were brought before Judge On theappointed day the parties again apBarber,'wvhen the Court adjourned for a fort- peared in Court, and by their counsei prayed hnight. Messrs.'Bolton, Foote, Stetson, Wade, for an adjournment for one month, which was and Welles appeared for the defence.: Payne & granted. Willson, and' Horace Foote for the kidnappers. The' counsel for the prisoners thei' applied A demand in cduie form had in the mean time to the Court for permission to visit the jail, a been inade by the proper authorities in. Buffalo, privilege they claimed., but one that had been for the'slaive-hlinters and their accomplice, denied them. The Sheriff then arose and deJackson. A writ of' habeas co'ps was issued'nied that permission had been refused themby -Judge Barber, and the iwarrant of the Messrs. Bolton, Welles, and John A. Foot then magistrate for the arrest of ithe-defendants, de- declared that. they had severally applied for'dared to be defcienlt, contrary to the'opinion permission to enter, which was denied them. of both Associates, who.advised with him, one A few nights after this, while "-Liberty," the of whom is a gentleman of legal attainments. turnkey, was entering the cells; a white prisoner This' cause' was now abandoned by the counsel seized him and endeavored- to escape. In the for the oppressed, for obvious reasons, and Wil- confusion, one of the fugitives' escaped, and is Iams gave ball inthe sum of one thousand dol- now a free man in Canada.' lars.for his appearance on- the following Friday. The cashiered officer of the army'felt it to be The bail were three colored men. One -was his:duty, as well as his interest, to'help the ample. It was thought best to release the boy wretched Jackson.away, Ignorant and: iunable i'n'the evening, when lo! " Liberty" [Waite], toread, this miserable dupe of a designing the turnkey; refiused to let himl out without the knave, frightened into a course of kidnapping, -order of the Sheriff; and the Sheriff demanded was.obliged to flee to avoid the walls of the a special order friom Judge Barber. The Clerk New York Penitentiary; a punishment richly made o0it and gave ain order fol' carrying out merited by his employers and deceivers. the'dec(ision of the Court, regarding the boy, Yours,' etc., - Kox. but Payne, the lawyer, opposed it so violently, that he finally took it back.- The Judge was Copy of the Indictment. then called in, when he said that since he hadrder's Court of the accepted the bail, he had'learned that they were colored persons, but that he.:would attend to it City of Buffalo,; holen at the Court House in on Monday mornin at 9 olk, lthouh hthe city of Bufalo, in and for the said city, on had previously approved of the bailas also had the 15th day of September, in the' year of our Ju(dge ~WlilittleseJy, and tlie Plrosecutinsg Attor- Lord one thousand eirght hundred and fobrty-one, netyorl the countty. By thlis measure,two days before the Honorable Horatio J. Stow, iRecorI@~~,~: fbr'th county, ~ e)Z$I ~l~iS rneasnre twp der of the City of Buffalo, assigned to keep the out of six were lost, which the boy.expected to keep the have to undertake a journey of 400'miles and peace iin the said city, and also to hear and deappear before a grand- jury in Bu4ffalo, and termine divers:felonies, trespasses, and other have his wrongs redressed, a nd is'oppressors isde.meanors in the said city perpetrated. punisihed. On ionday morning, Williams's firiends disdaining to have himn liberated. by a Countyof Ere, s man whose conduct every candid lawyer in the City of Buffalo, ) community deiemied infamous, obtained a- writ The Jurors for the people of the State of of'habeas corpus from,Judge'Whittlesey, and INew York, in and'-for the said city of Buffalo, obtained'his discharge on bail,'when he and in the County of.Erie aforesaid, to witt Harry one of his bail started fbr Buffalo. It. happened IDaw, Cornelius. A.- Waldren, Nelson B. Palthat Payne embarked in the same boat, and lmer, Charles S. Pierce, Samuel C. Smith, Veaccompanied them to theirplace'ofdestination. lones Hoedge, John Prince, Albert J. Stow, An incident occurred on the boat which fully William Haws, Hamilton'Rainey, Daniel F. illustrates the correctness of the opinion.of Judge Kimball, Heni'y Scun, John D. Beinm, Morris Clay, of Kentucky. The Judge is said to have O. Barnes, Giles'G. Tliomas, and' George WI 238 HISTORY OF THE Valentine, then and there being empanelled, the said Jarvis F. Hanks, and learn to paint sworn, and charged to inquire for the People portraits, by means whereof, the said Alexanof the State of New York, and for the.City of der Williams was induced to and did go to the Buffalo, in the Cou'nty of Erie, upon their oath said city of Cleveland, to wit, on the same day liresent, that Henry Jackson, Vernon H. Lin- and year aforesaid, whereas in truth and in fact, denberger, and Hiram V. Willson, late of the the said Jarvis F. Hanks did never at any time city aforesaid, heretofore, to wit, on the first say to the said Henry Jackson, or to any other day of September, in the year of our Lord one person, that he wanted, nor did he want, the thousand eight hundred and forty-one, with said Alexander Williams to go to the said city force and arms at the place in' the county afore- of Cleveland and live with him, the said Jarvis said, feloniously and without lawful authority, F. Hanks, and learn to paint portraits, all did inveigle one Alexander Williams, then and which was then and there well known to the there, being with intent to cause him, the said said Alexander Williams; and so the jurors Alexander Williams, to be sent out of the State aforesaid, upon their oath aforesaid, do say that of New York, against his will, contrary to the the said Henry Jackson feloniously and withform of the statute in such case made and pro- out lawful authority, and by the deceptive vided, and against the peace of the people of means aforesaid, him the said Alexander Wilthe State of New York and their dignity. liams did then and there inveigle and induce to And the Jurors aforesaid, upon their oath go to the said city of Cleveland with intent to aforesaic, do farther present that the said Hen- cause him, the said Alexander Williams, to be ry Jackson, Vernon H. Lindenberger and IIi- sent out of the State of New York, to wit, to ram V. Willson, afterwards, to wit, on the same the State of Louisiana aforesaid, against his will, day and year afobresaid, with force and arms at and to be held to service against his will, conthe city and in the county aforesaid, feloniohsly trary to the statute in such case, made and proand without lawful authority did inveigle one vided; and the jurors aforesaid, upon their oath lAlexander WTilliams, thenl and there, being' aforesaid, do further present that the said Verwith intent to cause him,' the said Alexander non H. Lindenberger, and Hiram V. Willson, Williams, to be held to service against his will, before the offence and felony was committed in contrary to the power of the statute in such form aforesaid, by the said Henry Jackson, tocases made and provided, and against the peace wit: on the thirtieth day of August, in the of'the people of the State of New York and year aforesaid, at the city of' Buffalo, in the their dignity. county aforesaid, did feloniously and without And the Jurors aforesaid, upon their oath lawful authority incite, move, procure, aid, aforesaid, do farther present that the said Hen- counsel, hire, and command the said Henry ry Jackson, Vernon H. Lindenberger and:I-i- Jackson, the said offence and felony in manner, ram V. Willson, afterwards, to wit, on the same deed, form aforesaid, to do and commit, conday and year aforesaid, at the city and in the trary to the form of the statute in such case county aforesaid, with force and arms, felonious- made and provided, and against the peace of ly, and without lawful authority, did inveigle the people of the State of New York and their one Alexander Williams, then and there, being dignity. with intent to cause him, the said Alexander And the Jurors aforesaid, upon their oath -Williams, to be sent out of the State of New aforesaid, do further present that the said Henry York aforesaid, to the State of Louisiana, and Jackson aforesaid, to rwit, on the first day of to be there held to service against his will, con- September, in the year aforesaid, with force and trary to the form of the statute in such case arms, at the city of Buffalo, in the county of made and provided, and against the peace of Erie aforesaid, feloniously and without lawful the people of New York, and their dignity. authority, did'wheedle, inveigle, and deceive Ancl the jurors aforesaid, upon their oath one Alexander Williams, then and there being, aforesaid, do further present that the said Hen- with intent to cause him, the said Alexander ry Jackson, afterwards, to wit, on the same day' Williams, to be sent out of the said State of and year aforesaid, with force and arms at the New York against his will; and the Jurors city and in the county aforesaid, feloniously and aforesaid, upon their oath aforesaid, do further without lawful authority, and with a view to present, that the said Vernon H. Lindenburger wheedle, deceive, and inveigle one Alexander and Hiram V. Willson, before the said crime Williams, then and there being, and with intent, was committed in form last aforesaid, to-wit, on the said Alexander WilliaLns to be sent out of the same day and year last aforesaid, at the city the State of New York, to wit;: to the State of of Buffalo aforesaid, did feloniously and maLouisiana, against his will, to be held to service liciously incite, move, procure, aid, counsel, hire, against his will, then and there did deceitfully and command the said Henry Jackson, the said pretend to the said Alexander Williams that crime in manner and form last aforesaid, to do one Jarvis F. Hlanks, a Portrait Painter at the and commit, contrary to the form of the statute city of Cleveland, in the State of Ohio, had in such case made and provided, and against said to him, the said Henry Jackson, that he the peace of the people of the State of' New wanted the said Alexander Williams to go to York and their dignity. the said city of Cleveland and live with him, And the Jurors aforesaid, upon their oath OBERLIN~-WELLINGTON RESCUE. 239 aforesaid, do further present that the said Henry I NV. Rogers, District-Attorney, (A copy.) Jackson afterwards, to wit, on the same day Filed September 15, 1841." the year last aforesaid, with force and arms at the place last aforesaid, feloniously and without Copy of the Requisition. lawful authority, did deceive, inveigle, and in- William H. Seward, Governor of the State of duce the said Alexander Williams, then and New York — there being, to go to the city of Cleveland, in To His Excellency the Governor of the Sate of the State of Ohio, with intent thereby to cause Ohio him, the said Alexander Williams, to be held It appears by the annexed papers duly auto service against his will. thenticated according to the And the Jurors aforesaid, upon their oath [Seal.] laws of our State, thatJHenry aforesaid, do further present that the said Ver- Jackson, Vernon H. Lindennon H. Lindenberger and Hiram V. Willson, berger and I-liramVWillsoin before the said crime was committed in form (Signed,) stand charged in this State last aforesaid, to-wit, on the same day and Wa. H. SEWARD. with having without lawful year, at the place last aforesaid, did feloniously authority inveigled and kicdand maliciously incite, move, procure, aid, napped a person with intent counsel, hire, and command the said Henry to cause such person to be sent out of this State Jackson, the said crime in manner and form and to the State of Louisiana, against his will, aforesaid, to do and commit; contrary to the there to be held to service a(gainst his will, and form of the statute in such case made and pro- it has been represented to me that they have vided, and against the peace of the people of fled from the justice of this State and have taken the State of New York and their dignity. refuge within the State of Ohio. (Signed,) H. WV. RocGERs, Now, therefore, pursuant to the provisions of District-Attorney. the Constitution and Laws of the United States Erie county, ) in such case made and provided, I do hereby City of Buffalo, t s require that the said Henry Jackson, Vernon H.. Lindenberger, and Hiram V. Willson be I, Michenes Cadwallader, Clerk of the Re- apprehended and delivered to George B3. corder's Court of the City of Buffalo, do certify Gates and Joel W. Barton, who are hereby that the foregoing is a true copy of an original duly authorized to receive them and convey indictment on file in my office, as Clerk of the them to the State of New York, there to be said Court -and further, that I have compared dealt with according to law. - said copy with said original, and find it to be a In witness whereof, I have hereunto affixed correct transcript of the same and of the whole my name and the Privy Seal of' the State, this thereof. twenty-fifth day of September, in the year of our In witness whereof, I have hereunto Lord one thousand eight hundred and forty-one. subscribed my name, and affixed the By the Governor. tSeal.] seal of the said Court the fifteenth (Signed,) -IHEiNRY UNDERWOOD, day of September, A. D. 1841. Private Secretary. (Signed,) Endorsed: "Requisition of the Governor of M. CADWALLAJDER, Clerk. New York for Jackson, Lindenberger and County of Erie, illson." "Warrant issued to Sheriff of Ciouty of ErBufaloe-,;Cuyahoga, October 5, 1841." Henry IW. Rogers, District-Attorney of said The same paper furnishes us other refreshing county, being sworn says - that Henry Jackson, reminiscencesVernon H. Lindenberger, and Hiram V. Willson are no-w in the State of Ohio, as this depo- Judge Willson a Candidate for Congress - What nent is informed and verily believes - and that he said of the Fugitive Slave Act - The Enmthey are the identical persons named as defend- pire Hall.Meeting and Rlesolutions - IHis ants in an indictment of which the within and Connection Therewith - Why he had the Resforegoing is a copy. olutions Published. Subscribed and sworn this 15thcribe dayd sofn Spteb er READ, PONDEIR, AND INWARDLY DIGEST,! 15th day of Septemlber, A. D. 1841. The " Vaechter anm Erie," German Republi(Signed,)~ ~ (Signed,) can, replies to the Plain Dealer's statement that MI. CADWALLADER, - I1. XW. ROGERS. Judge WILLSON was not present when the resoClerki of the Recorder's ( - lutions read in Court by Mr. Spalding were Court of the City of Buf-I pssed, as follows: falo. J" We will remind the principal editor of the Plain Dealer, that lie, Mr. Gray, himself, with Endorsed: " The People v. Henry Jackson, the present U. States Collector Parks, Colonel Vernon Lindenberger, and Hiram V. Willson, Mack, and:Mr. Schuh introdutced on the 4th Indictment- inveigling and kidnapping. H. day of October, 1852, to our office Mr. ~VILL. 240 HISTORY'OF THE' soe, who at that time was a Democratic candi- who compose that court, and Wh7at was the price date for Confress. Mr. WI. LLSON did, then and of their alpostasy? there, and in the presence of the gentlemen It'has been our good or bad'fortune - as the aforenamed, answer cdirectly and without am- case may be- to have an acquaintance with biguity certain questions, the satisfactory an- most of the prom!inent members of that court: swer to which was the condition made by us for Judge WILLSON, the presidiing_ deity of that our supporting l Mr.- WILLSON. These ques- court; we became acquainted with some ten or tions referred to the Homestead Bill, to the'twelve years ago; and meeting with him aboard position of our Government in regard to revo- of a steamboat on the Ohio River, we received lutionary movements in Europe, and to the a flattering encomium fiom him for having Voted,.Fugitive Slave Lazow. Mr. WVILLso N replied while in Copagress, against this Fucgitive Slave very sufficiently and entirely satisfactorily to Act, and in which vote he concurred. In the all of these -questions; in regard to the Fugi- ]course of his remarks,'he denounced that law tive Slave Law, he stated especially, this Law as clearly:unconstitutional; and that it never was, in his opinion, unconstitutional, non-derno-; couild be enforced. We reminded him that we cratic, clda1gerous in its principle, and infamous; were glad his name was identified with the it mutst not be enforced, neither at present nIor at proceedings of an INDIGNATION 111:etinig at any time. As a confirmation of this assertion' Cleveland, composed of all parties, a short time: he proinsecl to send us certain resolutions, previously. He expressed his unalterable dedrawn withi his assistance, and abohit,an hour terminafion to oppose- the enforcement of that later he sent the printed reports of:the meetiihg unconstitutional act, held at Empire'Hall, Oct. 11; 1850, contain- Since' then tle Northern District of Olhio was ing the same resolutions lately ~read in Court by created, and the then Mr.'. Willson, has sonmehow iMr. Spalding. These very resoluti6os were become the:judge of that new district. What published in our paper Oct. 6, 1852, by the ex- influence the appointment has had on his mind, pressed desire of Mr. WVILLSON, and for the or whether apostasy was the condition upon purpose of defining his position. It is very evi- which his appointment was confiried by -a fogy dent, therefore, that the editor of the'Plain Senate, we leave others to determine. Dealer has rather ashort recollection; probably Our intimacy with Judge BELDEN, now Dishe has forgotten all his former democratic prin- trict-Attorney, was still more close. We have ciples for the same reason.". nown him since he -stood at. the case as a printer. We' have labored for his' political proTHE UNITED STATES FEDERAL COURT motion: -To make him Common'Pleas Judge,~ APOSTATES! which he filled' with ability and honor to himThe Hon. Joseph Cable, Editor of the Van self.- We have been his friend, personal and WVert American, was formerly. a Democratic political in several other contests; and fbr which, Member of Congress from Ohio. Mr. Cable up to his apostasy, we have no -egrets. When like a free, honest man, declined to keep pro- Gen. Cass, Gen. Taylor, and' Mr. Van'Buren slavery step with his party at tie command and were before the- people for President, Judge lash of Southern masters, and spurned the Belden voted for ZMr. Van Buren. bribes offered to secure degrading subserviency. He, too, after wehad -voted against the TexHis votes in -Coangress aoainst the Fugitive an. Bouidary ancl'Ten Millions Bill - against Slave Act, the' Texan Boundry, and Ten the Fugitive Slave Act — against Territorial Millions Bill, the Territorial Law to Utah, etc., law to U.ah, etc., Judge BELDEN, in the overwere warmly approved at the time by many of flowing of a then honest heart, wrote us a long the leading Democrats of Ohio -some of the eidogistic letter, admiratory of our course in Consame Democratic politicians and place-men who gress generally, and especially in reference to afterwards joined in hunting' him clown for the Fugitive Slave Act, denouncing it as unthose very votes, and who have become eager constitutional and insulting to the F'ree States " Government. Pursuers" of the Jeffrey scent -it ought never to be enforced, -said he. and odor, under the very Fugitive Act lthey Marshal Jo-iNxsoN is of like character on the denounced "as unconstitutional and insulting act he now degrades himself to enforce. The to Free States," and "ought never to be en- only charitable and friendly conclusion we are forced." able to arrive at is, that these men, with deputy 7Mr. CA3BLE has not forgotten the past: and Mlarshal C. N. ALLEN, who also, wrote us a in tlie last American he gives the names of the kindly letter approving our ceurse on the same packed jurors who went through the farce of subject -have thrown conscience to the dloys for trying Bushnell, a juiry which he pronounces ofice. "made up by a set of apostates, with the ex- We might go further' into the list of the offlception of two of whom we know nothing" - cers of that court, and they all show a like pasand he then presents the following loathsome siveness' for emolument. picture of rewarded apostasy in higher places. Hon. F. G. GREEN, the Clerk (if he yet be Read, po. der,- and inwardly digest. Says Clerk), is the' only consistent man of the lot. ar. s. sHe is a Marylander'-by birth and feeling. He - Here' the'question arises ziWho arelthe men was in Congress aftegr the passage of the Fugi OBERLIN-WELLINGTON RESCUE. 241 tive act, was there ill'4, and voted for the do I wish such a deputy to resign. You need repeal of the Missouri Compromise and the ex- fear no violence. It is all bravado - an tension of Slavery. He is much of a gentle- effort to scare you into a resignation. man and entitled to more respect than apostates. Yours, M. JoIHNSON, He is consistent in error - they forsake a right U. S. Marshal. to do wrong. How widely do Judge Willson, And addsJudge Belden, Marshal Johnson and their apos- It will be seen that that letter was written tate clan now differ with us - once of one senti- after the Marshal had visited Oberlin, and we mlent on the tyranny of Slavedom!' We, too, believe the public will honor the position taken have had alluring and sweet-scented bait thrown in this case. to us as well as they, perhaps. We stand where But the Democrat fails to state that another we then had deliberately taken our position, and: letter was written to Deputy Dayton, before have suffered therefor. the interview alluded to, which is not published They have changed and been benefited, if - and further, that Marshal Johnson apolonot blest thereby. They have their reward, and gized for that letter to the men at Oberlin, we are at peace with ourself. saying that he wrote it in such a manner'that while it seemed to require Dayton to serve the MAnrsSHAL JOHNSON. AND HIS DEPUTY warrant in behalf of Mir. IMIcMillan, it was not DAYTON. SO intended by him; and when Marshal JohnThe National Democrat copies from the son went to Oberlin to make the arrest of Leader as follows: — the indicted, he denied in the most positive "' Marshal Johnson visited Oberlin and con- terms that he ever wrote Dayton ANY letter about suited with a number of the leading citizens. his resignation or regmoval. Did it publicly and WVith smooth and honeyed words he sought to repeatedly, and said if Dayton showed any allay the indignation of the people. The con- such letters, they were forqeries. duct of Dayton was disapproved, and assur- Such has been the duplicity and double ances were given that farther trouble need not dealing of U. S. Marshal Johnson with the be apprehended. He expressed a strong re- citizens of Oberlin touching his Deputy Dayton pugfnance to the execution of the law, and left, and the execution of the Fugitive Slave Act. a favorable impression on the minds of the. Since reference has been made to this citizens present. And then says': And then says:- L"Deputy Dayton," justice demands that the "This is far from being a correct account of public should know more of him. The followthe interview which the Marshal had with ing lines so accurately and happily advert to solme of the Oberlin people; he assured them the leading exploits of his official career, that that he would not send his Deputy, Mr. D., another warrant; should he get one, he would they are accepted with acknowledgments as serve it himself." furnishing the precise rmultum in parvo desideTo make this a " correct account," the Demo- rated here. crat should add that at the interview alluded to the Marshal took especial pains to have it DEAR LEADER:. The following melody, understood that not only should he comehim- though in the style of Mother Goose, may, nevself, but that he should give such notice of his ertheless, be relied upon as a truthful history of coming, and of the object of his visit) as would several remarkable passages in the life of a clisenable the'fugitive to escape, intimating that tinguished Deputy U. S. Marshal, by the name such a result would be most gratifying to his of Dayton. feelings. OUR MARSHAL. The Marshal also took occasion to say, then BY Ai OBERLIN MECnANIC. and there, that Deputy Dayton was distasteful Who sought this place when purse was low, to him, and that hlie had exhibited improper And he had nowhere else to go, readiness to engage in taking fugitives by And strove his legal wit to show? Our Marshal. going. to Painesville, as he had other deputies whose duty it would be to serve warrants in Who sought for favors at our hand, Painessville.: - And tried to seem an honest man, And called himself Republican? The Democrat publishes the following epistle Our Marshal. in full' - - Who asked and got a recommend *. S. S From our P. M. his worthy friend, Cleveland, October 4, 1858. To do what hoe men codemne rshal Our Marshal. A. P. DAYTON, Esq.: Who was the first to shake with fright, Sirn-Your favor of' the 1st, is received When out a 1" little late" one night, and contents noted. Youa must not resign. I To see a figure robed in whitel. am not disposed to be driven by the violators of the laws and Constitution of the United States, Marshal Johnson says, " I didn't like his looks, but ap pointed him because he was so well recommended by Postto discharge a deputy for doing his duty, nor master Mlunson." 31 242 HISTORY OF THE Who -was the first to break and run, as well as I may, and place the manuscript at Though strongly armed and four to one, your disposal. From Wagner with his lockless gun Your friend, FRE. O)ur Marshal. Your friend, JOHN R. FRENCH. Who in his brave and daring mode, Mi. Chairman and Fellow- CitizensShot luckless chipmonks * by the road, hoI have no words suitable for the occasion. To get inured to deeds of blood? Our Marshal. Twenty of our fellow-citizens - noble, excellent, Christian men have been torn fiom Who, bearing his revolvers twain, their families, and, guiltless of all crime, are inFled from a boy but with a cane,. And bawled for help with might and main? carcerated in a prison. To express the sympaOur Marshal. thy you all feel for these men, and their wives Who asked the Mayor for his aid, and their little ones, one needs such kind To keep him from the colored maids, words, such pitying words as only the angels Lest he might sometime be waylaid? have learned. And if I would give voice to Our Marshal. the indignation that every true heart must feel Who fled from Painesville on the car, when told that this GREAT WRONG is commitBecause he had no taste for war, ted in the sacred name of "Law," I should Or more especially for tar? need words as bitter as the dregs of a strong Our Marshal. man's wrath. Ah, and who can command the Long live Old Buck in power and might, trumpet tones that may arouse this slumbering Tolpmuish wrong and guard the right,sense of its nation to a sense of its danger.~ And longer live the Gallant Knight, -'.Our Marshal. Men in prison in Ohio, for violating the pro visions of the Fugitive Slave Act! Has it, And threatning shall need a impend, indeed, come to this, that in Ohio it is a crime May Government to rescue send, to sympathize with the,wronged and suffering? Our Marshal. Are there men and courts still found in this " To preserve from oblivion " two, as samples State who believe in the constitutionality, the binding force of this statute, whose counterpart of the multitude of "memorable" speeches may not be found outside the statute-boolks of drawn out in a great number of localities by.hell. The clause of the Constitution upon these "political trials," we insert the follow- which they pretend to found this law, talks about "owing service." Certainly these caning: - not be slaves. A slave cannot owe service. A SPEECH -OF HON. JOHN R. FRENCH, slave, in the eye of the law, is, to all intents At a Public llfeeting held in Painesville, to con- and purposes, property;''and property cannot sider the treatment of citizens of Lorain make contracts, assume responsibilities, or owe county by the Federal court. service. JOHN ~R~. FRENTCH, Es~q.: ~~Mr. Chairman, can you talk of your horse SIR, - Believing that the circulation of your owing service, or the table upoii which you eat speech before the meeting in Painesville to your dinner? The- very first act of slavery, as consider the proceedings of the Federal Court it seizes its victim, its crowning, damning crime, in Clevelalnd, would aid to promote right views is its total obliteration of' the slave's personaland feelings upon the subject, we respectfully ity, the wiping out of every vestige of his mansuggest that it be published with the proceed- hood, the herding of immortal beings with the incgs of the mleeting beasts of'the stall, the consigning of souls to - Youlrs, etc., A. MORLEY, the shambles. The slave is but merchandise,, etc., A. ROCKWELL, and when the framers of the Constitution talked XVlTM9. cMATTWELWS, >about persons who " owed service," they could W.JOHN HOUMHE, not have meant slaves, or horses, or household JOHN HOUSE, furniture. URI SEELEY. -But admitting, sir, the Fugitive Law construction of the Constitution - in spite of our comPAINESVILLE, April 26, 1859. mon sense acknowledge that property may not Messrs. MORLEY, ROCKWELL, and others: "owe service "- and still you have not saved GENTLEMEN,- In the remarks I made at the constitutionality of this Law. This is an the meeting last evening (owing to the late enactment of Congress, which has no rioht to hour when I spoke), I was obliged to take but interfere in the premises, for if there was a coma hurried glance at some very important points pact as claimed, it was a compact between sovin this great controversy between Liberty and ereign States, and whatever legislation may her ancient foe; but if the printing can be of be necessary to carry out the agreement, must any service to the Right, I will write them out come from the States. No where in the Con*' An Oberlin Democrat says he accompanied the coura- stitution is this power delegated to the Fedgeous Deputy on a trip to Wellington to prepare for the kid- eral Government, and all powers and rights napping of "John." which was improved by'our Mar- not expressly delegated were reserved by the shal" in shooting at chipmonks on the road-side, that he might become accustomed to blood. States. OBERLIN-WELLINGTON RESCUE. 243 But thee; is other ground uponwhic'h we of. had just gone through the departments of our Ohio, who deny the binding force of-the Fugi- Government, and been finally' adjudicated in tive Act, may stand. If there was a contract the State'court of the lastsresort.' In the Clark to restore Fugitive Slaves, it was a contract be- county rescue case a Sheriff of: Ohio, in the tween. the. then thirteen States. Ohio ancd proper discharge of his legal dluty, was shot and Kentueky were not'there.. They were not:par- beaten by a. posse of Deputy U. S. Marshals ties to thle trade. And'Kentucky cannot ask us until he was nearly dead, and when:these, men to fulfil any contract which,-mlay.have;been had been arrested, indicted for attempting to made between lMassachusetts and C-aroli- kill, and were in jail.awaiting their trial, the na.. -. Feeral court steps in wih itis writ of habeas At the time of the adoption -of the Constitu- corpus:, and sets the men -at. liberty. Npw, men tion, slavery -was. looked upon by all parties as a of Ohio, how do you like this trampling upon tempi)orary aftlhir, soon to- pass away. y W~ith your: State: Rigits and Sovererinty?' One this then universal sentiment, there couldlllave might think we wvere no longer an independent been no legislation providing for-future slavery State, but a sort of colonial dependence upon in then unoccupied territories.' the Federal Government. But the unshaken rock-upon which we may In" the midst of these accumulating outranes all plant ourselves is this: The:Fugitive Act upon the sovereignty of,the, State, it is not tramples upon eternal and universally acknowl- strange that men are forgetting the true nature edged I RI UsTr and' whatever:statute violates of our General Government.. They forget that RIGHIT cannot be law, and so reads every ac- that: Government: is:Federal, in contradistincknowl6ed el writer of the profession. The very tion from. National. That it. sprangs fiom the office of' Law is to protect Right,, not to tram- -States, and not from the pleople. That it is a conple it in the ni are of the street..federation of independent, and sovereign States Sympathizing as 1.;do, Mr. Chairman, with for few and special, purposes, and those purpo-: my entire heart, with,our friends in'prison, and ses clearly'defined, and carefully set forth in hating the doinhs of the Federal Court nowv in the written compact. They confederated, session at Cleveland, with as intense and holy they said,: in order to form a more perfect a hatred as burns:in: any man's bosom, still'I union, establish.justice, inisure domestic tranmust confessTieat.l' am glad of this development quillity,. provide for the, comimon defence, proof the spirit and determination of thiat'Court. — miote the general welfare, and secure the blessIt will turn the attention of the intelligent citi- ings of liberty to ourselves and our posterity." zens of Ohio to the encroachments of the Fed- These were'their objects, and the power to seeLral Judiciary upon. the sovereignty of the cure those-granted to the Federal Government States and the rights of the People. Encroach- was limited and well defined. But, the Federal mnints that have been accu mulating stealthily, Judiciary has been gathering to itself the power but uninterruptedly, frolI the commencement and rights of every other branch of both Fedof' the nation, until this department of the gov- eral and State Governments, until' now, like eminent threatens to assume to itself all ipower. iDeath on the pale liorse, in its uncurbed haughGentlekmen mAy care nothing for, the friendless tiness, it is gallopingi through every co-ordinate negro, or foi the "; "Oberlin Abolitionists," but:department trampling allrights ani sovereignclo they care notlilngfor their own'rights, otl the ties beneath its hoofs,. while hell and destruction sovereeignty of their State? We hv 6.twenty follow in its train.: But there is an uprising of millions of bank capital in Ohio -.there is a the people, there is a noble. IRepublican party dispute as to the just manner of its taxation. gathering in the free States, which will soon Certainly this is a question exclusively belong- seize this horse by his bridle, and throw him ing to Ohio, to'Ohio'eourts, and Ohio'legisla- upon his haunches., tion,. and Othio citizens. But the Federal court Mr. Chairman, when we call in question the steps in, and says this matter of levying taxes iconduct of the President,. or of. Congress, or of in Ohio, is-:a question for her disposal, and -the Federal Judiciary, ofttimes we are charged laughs your state courts to scorn. Two years - with talking "against the Union;" But, sir, it go the Ohio Legislat ire saw fita, to declare cer- should never be forgotten that; these are not tain Canal Contacts fiaudulent therefore " the Union."'The thirty-three independent void. The highest: court of the State passed, STATES are the Union- and whoever, and upon the whole matter, and found the: action of. whatever, denies: the rights or tramples upon the Leislaturr e legal and proper. That parties the sovereignty of these, he it is who is an enconcerned might receive no harm,' by Special emy to-the Union. act of the Legislature they were, allowed to6 But, fellow citizens, the Republican party.is come into our Couirts and prosecute, the State. not yet;. for two' years inrthe p ossession of the Now, what power outside of Ohio had a right Federal Government; and do you ask me to initerfere?' —But this very winter past, the whei e is our immediate and present escapefrom Supreme Court of the United States has sent' the oppressions of this Federal Judiciary? I its.nmandate to our Supreme Court with' writ answer that our. hope. is the Supreme Court of of error, requiring a copy of the canal contract our. State. And: I believe we have sure proproceedings, involving'that whole'subject; Which tection here. Thank Ieatven, that Court is a 244 IISTORY OF THE REPUBLICAN COURT:- every man of them.'" And each as She received the flame Last January the last of the doughfaces was Lightedheraltar with its ray Then, smiling to the next who'came made to walk the plank. Let us look, thenl, smiitgto thenestphi cane, Speeded it on its sparkling way." with all confidence to this Court, and the more iy. so, as we have a man at the head of the exec- So let these Meetings of the People be held, utive department of'the State, who has~ the from town to town, until the old fires of Liberty heart and nerve to promptly execute its coin- are lighted in every breast. The people of mrands. Ohio must see- to it t:hat at their next election Mr. Chairman and fellow-citizens; when -the they return. a Legislature which will pass a PerState of Ohio, throunh the calm decision of her sonal Liberty Bill that shall put an end to slavehighest Court, shall take her place by the side catching on: Ohio soil, and disfi-anchise and outof' the gallant youn- State of Wisconsin, in law any.citizen who shall aid in enforcing withrepudiation of this cruel and -wicked; enact- in our limits the hated Fu-itive Act. ment, a proud dlay will have been:reachecd in Buit men tell us that we -are contending against the progress of Auerican civil liberty. And the laws of our country; and-the men enaecLcd an example so potential will have'been set, that in enforcing the Fugitive Act plead, in justifiwithin a twelvemonth it will have been' followed cation of their conduct, that it is a " Law.". So by every free'State of the Union. - - w- - hen the same class'of men nailed Jesus to the 1Fellowv-Citizens, we have another hope'like cross between' two thieves, they justified. themthe Christian's "sure and steadfast" the assur- selves by; the same old plea, "iEr II"AvIE A ance of the early dissolution of that political LAW,' and'by that Law he ought to die; his body of men iri our country, known as the blood be on us, and on our children." But those "Democratic'Party."' Democrats,' andc yet aid- crucifiers of the Saviourwerenone the less guilty, ang in all these attempts:to consolidate all power and their pretended regard for the sanctity of in the hands' of a grandil central government.'law was! loathsome hypocrisy and horrible imDemocrats'- and' yet approving of all these out- piety. <, These are the men,-these who roll up -rages upon the rights' and: liberties of the State. their eyes in such mock astonishment and talk Democrats-'and yet finding'it their highest so flippantly about the. duty of obeying the ambition to go yelping, with tongue out and "Law,"'whenever the Fugitive Act is called in nose to t.he ground, upon the track of some flee- questidn, whom BWhittier' has.gibbeted in his in i fugitive. WThy' sir, every man':engaed in immortal verse where he asks:this Cleveland conspiracey from the Judge on the' Who knows not well these cankers of the North,' These moderil Eisaus, bartering rights for broth?' shades of ineanness where all is superlatively Txing ojustice with their iouble climl base) pimp of the half hundred who were yes- As fools foripity, and as knaves for blame; terday sworn in as special deputies, all, all.are Who, urged by partv, sect, or trade, within De'mc'ra~tsl, anLd" Natio~nal l)emocrats," at that.; The fell emnbrace-of Slavery's sphere of sin, Part at the outset with their moral sense, I do not learn, sir, that there has been so great Part t te otset i tei moral sese, (lo riot lea.rn, sil;.hat,)ere. as been. so, 1 t The watchful angel set for Truth's defeince; a lie in the world since Cain denied' all k-novl- Confound' all contrasts, good and ill; reverse edge of his murdered brother, as this Demo- The poles of(life, its blessing. and its curse; cratic party. But it' has got to clie the death.' And lose thenceforthl from their perverted sighlt The indignant scorn of thepeople has already diug The eternal difference'twixt the wron and right; To them tim' Law is but'the.iron span its grave, a thousand fathom deep; so deep, sir, That gr the anwles of imbrited man; that we need have no fear that the pestiferous To them the Gospel has —no hliher ainl exhalations of its putrefaction may pollute God's Than.simple sanction of the master's claim, free air. Let the tidings of -its speedy death, Draeged in thle sline of Slivery's loatiLsos e th, Draggedh in thre slhne of Slavesy's loathsom e triil, then, go forth. Proclaim it to the nations of the old wlortl, that the tyrants and crowned Such are the men l who, with instinltive;dread, lead(s, who have so long made a jest of Amerni- Wlienever Freedom lifts her drooping head, Can: hylpocrisy, may no longer hold- us in'ders- M- ake prophet tripods of the office stools, on. Let te news revrberate thru th And scare the nurseries and tihe village schools With dire presage of runi grqm and greati arches of'heaven, that a new joy may be added With die e of gtlumcl dgat A broken Union and a fouidei ed State! to the rejoicings of that noble company of' de- Such'are the patriots, self bound to the stake fenders of' freedom, who have finished their:la- Of. office, martyrs for their country's sake, bors on earth, and'entere(l: upon their reward. Who fill themselves the hungry jaws of 1ate, Aye, sir,'let it bellow along through all the deep Al by their loss of manhood save tle State g f l e.a In the wide Gulf themselves like Curtius throw, gorges of hell, where tyrants;and slave-catchers And test the virtues of cohesive dougi; most do congregate,- for nowhere else may be As tropic molkeys, linking heads and.tails, found a larger company interested in ~the Bridge o'er some torrent of Ecuador's vales! news.: Tom Moore sfhIewliere tells of a vision in SONS -OF LIBERTY -REMARKS OF nR. which he saw'the Spirit of Liberty passingGIDDINGS. among thie nations in the form of a liglhted torch.'At the. meeting.of the people in Jefferson on lie tells of tlhe "expectant imatibns" anxiously the 7th, favorable.to immediate' and energetic awaiting its coming: -' action in, reference to the trials pending before OBERLIN-WELLINGTON RESCUE. 245 the U. S. District Court of Northern Ohio, for done here this evening. They passed resoluoffences under the Fugitive Slave Act, the Hon. tions requesting him to resign. Norwich, New JosHUA R. GIDDINI Gs introduced a constitution London, and Wethersfield did the same; hie for the Order of the "Sons of Liberty" re- refused. He probably felt as Judrge Willson, vived, of which order he kave the following District-Attorney B3e'lden,. and Mhlaushal Johnhistorical sketch:- son now feel, that the Government is on their It! is important in times like the present, side, and they hold the people in contempt.! So that we should look to precedents, to the action said Ingers'ol. Our fathers saw. the necessity of our Revolutionary ancestors, men immortal- of union,. of, concentrating the public indignaized in history, their conduct will filrnish safe tion, the same as we feel it now. rules for -us to followr under like circumstances; To effect that object, Dagget and Thurman They passed throuh scenes like these with and other parties conceived and established the which wv.e are now surrounded, similar in prin- order called "'The Sons of Liberty." It was ciple, but differing widely in'degree. I refer composed of ardent Wl\higs;. they had no tories to the "Stamp Act," when an attempt! was amongU them. Each knew those who belonged made to tax the colonists by compelling the to the order. They consulted together and. people to buy stamped paper of the govern- acted together. Comparatively few were willment. It was an encroachment upon their rights'ing to unite and thereby'incur danger.of treaof property; but bore no comparison to the otut- son under British law. Thank God, we have rage upon liberty inflicted by this enactment; no such, fears. But a goodly number united, yet it was an encroachment upon their ri its, and acted. an attempt to tax them without permitting them Ingrersol started from New Haven to go to to be represented in Parliament. The Fuuitive Hartford at the convening of the LeFrislature. Law taxes us for purposes which we hold in As he drew near to Westfield, he met four men abhorrence, in utter detestation. The compel- riding two abreast, each holding a staff newly cut ling people of Ashtabula county'to pay the ex- froom the forest, peeled, and looking white. It was penses of seizincg and carryilng slaves from Ohio one of the insignia of the order, which Ingersol to Virginia and North Carolina, is a thousand did not understand. Soon after he met sixteen. times more re'volting, than to pay the same others, riding two abreast,' each with his peeled amount to support a government in Germay. staff. They opened to the right and left, and But this tax to carry back slaves is nothin Ingersol passed on his way. Soon after he met compared to that provision which shocks our five hundred, preceded by threetrulmpeters and sensibilities at: seeing a fellow man robbed of two officers in military. dress. They opened his liberty, ourselves compelledl to aid in the right and left, Ingersol passed on to the centre, perpetration of the crimne, made to rivet the when they wheeled their horses and rode to the iron upon his limbs, and hand him over to his village with Ingersol in their midst. Then they tormentors, and compel him to draw out a mis- halted, and ordered him to dismount, "The erable existence, a thousand times more hor- Sons of Liberty" also dismounting, gathered rible than death itself. around him, and the leader informed him:l that But, our fathers would not submit to the Ihe nmust then and there resiyn his office. "I will Stamp Act; shall we submit to the despotism wait the orders of Governnent,' said Ingersol. of this slave act?:We are greatly embarrassed To which. the leader responded in language in opposing the obnoxious law. So were they. worthy a" Son. of Liberty," "Here is the GovThere is a strong feeling,, a deep hostility to eminment" The office-holder was astounded. this' act. A gentleman from Portage' county Hle supposed that a feeble old man-who sat on the other day, told me tlere mere two thou the throne. at Westminster with a bauble on sand men ready to march, or do any thing else his head and a seeptre of less.potency than to relieve the'prisoners at Cleveland, and put a peeled cane in his hand, constituted. the down this insult to our moral sensibilities; and government. Such, too, is the view of officesuch is the case here, and in all the counties of'holders at this day. They-believe that James the Reserve. The popular heart swells with Buchanan is the Governmnent! They -think, indignation, each individual feels and expresses at least, that he and his cabinet and. the'Suit; but this feeling avails little until concen- preme Court and Congress, constitute tlle.Govtrated, united, and guided in some well-de- ernment. Poor "mistaken: souls.'' T hey are fined channel of operation'.". all our servants; I have often told them, in the Such was the case in New England in 1 65. language of' the Sons of Liberty,'." hIere is the Our fathers were excited and indignant. They Government!" that the People are the deposifelt their rights were outraged. The'" Stamp taries of, power! Here resides the sovereignty Act" had-passed. IJared Ingersol of New Ha- of the'nation. Each,individual constitutes a yen, happened at that time to be in London. component part- of the government.: I would He sought and obtained the appointment of that freemen should understand their dignity stamp master. I-e landed at Boston on his re- and power.. The government is in our hands, turn and, bore himself as became a supercilious and we are not in'the hands of the government. office holder. Soon as he had reached New'Those farmers of' Wethersfield had thou ght IIaven, a town meeting was called, as has been of this matter. They wvere conscious of their. 246 EISTORY OF THE dignity; aild'Ingeisol then saw their powers. The Order was kept up; annd when the odi"If I~ refuse, w;hat will follow?"'said -he. ous tax on tea was forced upon the pioneers, "YOUR FXATEr" said the leader of the pa- and the two ships loaded: witiit lay in Boston triots. These two monosyllables reached his harbor in 1773, they again sat in council, and heart. It was the determined language of the determined on their course. At nightfall, in patriots; these wNords should reach the heart of disguise, they went on board, and, using the AtBuchanan and every servil e office-holder, who lantic ocean:for a; teapot, they got up the celeattempts to enforee tlis fugitive law. I ould brated tea-patrty to which our friend (Mi. Sisend. these words thrilling through the heart of monds.) alluded. This wa.s'the second and last every slave-catcher, commissioned by James exercise of force;by the' Sons of Liberty." Buchanan, or acting' upon the impulse of the Their great usefuriess consistedl in giVing direcPrince- of Slaveholde'rs.' I would- say to them, tion to the: popul- mind which guided the proIf you attempt to renslave a tihan hei'e on' this'vincial legislature,';and' fould' ani equally eim Western Reserve, "your fate" will follow. As phatic expression in Congress. I. said'in Congress,-I say to-night, if the slave- Joln Adams informs us that a deputation catcher pollutes my threshold-with his footsteps, from the "Sons of Liberty" in Pennsylvaiiia" I will strike him down; be he slave-holder or met him in Ne6w Jersey in 1776, when on his Deputy-Marshal, h7is fate shiall follow:!'These' way to Congress. Their principal'object was two words will constitute one of the appropri- to induce him so to arrange liatters as to have ate- maxims for the " Sons of Liberty," whom Mr. Jefferson'write'the Declaration: of IndeI propose to organize to-night..,' pendence, - a measure which Mr. Adams had,VWhen' Ingersol heard them, a' new world brought forward and advocat'd. Tihey'tlhought' seemed to open up to' his' frilhtened imagina- by so cloing they would secure'the inflaieice of tion. " The'cause," said he, " is' not worth dy- Virginia and other'Soiithern' States. I now ing fori" - language whicih imany slave-catch- think the proposition wr6n:;- that Mr. Adams. ing dough-faces and Deputy-Marshals of our should have pursued his own course and receiv; State would utter if the people, or one tenth -ed the' glory', which'he - thus'.'surrendered to part of the people, would firmly and kindly another. But he being one.of the:Order, sub.whisper,:" your fate" in their ears. "I resign," mitted to their advice, afid Jefferson feeling the said Ingersol. " Swear to it,'? said' the leader. import of'. this phrase, adopted the natural. Ingersol remonstrated. Then, said the leader, rights of mnan to life, liberty, and property, as' shout " Liberty and Property," three times; and the basis of thle new Government.' He, howIngersol opened his' profane: lips,'and, for the ever, chanoged the word " property;" to'that of fitst time in his life, shouted " Liberty and Prop- " the pursu t of happiness," as a better mode of crty," "'Libert? and Property, " LIBERTY AND expression. PnOPEnrTY! -It should be borne in mindl, that'But so much had the people become attached the mother government had not then so- perse- to this maxim that they adopted it into' the cuted the colonists' as to rob any of their lives. Constitution whvich'provides that'n io person But fi.ve years afterwards, wvhen the people in shall be deprived of life, liberty, or property, z with Kin~g street, Boston, were fired upon by the out due process of law." This declaration, in King's'troops, and five of them killed, their the wvords used: by the" Sons of Liberty" in motto was then amended' by addinig to it the 1 770, and incorporated into the Constitution, I wordl " life," so that, from 1 770, "l/Je, liberty, suggest as the: proper basis of the Order;wlhich and property" -became their motto, and will, I I now propose to revive. I hope that our trust, be ouirs in coming timie. friends in other counties and towns may unite But Ingersol went to Hartford in company in reviving this organizahion, and concentrating with: the.'" Sons of Liberty,"'and there- an- the popular mind upon the- iniportance of mainnounced his resignation to the proper authori- taiaing'the- right of every human being to life,' ties, and re~tired to private life. The Order'. libeity, and' property,.ntil slave-citchers and' rapidly spread throughout New England. Pa- slave-catching office-holders shlall be drivenifrom triots in every town, villaoe, hamlet, and school the PtReserae, from {he State, from the'U-lion, district' iiited with- it. They had no tories in: FRnoiM TIHE WTOR'L D. their ranks; public sentiment Wvas guided ih its iMr. G. then presented the Conistitutioln, etc. proper channels. Its influence constrained the Office-holders -tO- send bacIk to EnSland: the:" CONSTITUTION OF.THE SONS -OF LIBERTY." stamped'paper.forwarded to them, and to resign -' I-iEREAS, -The authority of Br'itain over her their offices. The KinS and Parlia-mentt opened1 American Provinces was first set at defiance by their eyes to the great truth, that the people con- an association of patriots called"" The.SoNS oF stituted a power suzpeior.to the'Zselves, and they LIB3EP>TY," who by their personal' ei'ort. conrepealed the Stamp Act.:Gentlemen, let- the centrated the influence and gave clirection to' true " Sons; of Libertv" in Ashtabula-County the lpopular voice, which is always powerful manifest the same firmness exhibited at'Weth-'when guided by discretion and judrmenti: ersfield in- 1765, and James Buchanan and his And' whereas, the party that now controls the satraps would niever be seen- chasing slaves -in' administriation of -the PFedehial- Government has; Ohio, nor would they persecute our citizens. waged a cruel-war, against hunmana- iature. es .OBERLIN-WELLINGTON RESCUE. 247 tablishing an execrable commerce in the souls Reserve, as well as all others who are in symand bodies of men, a commerce so cruel that pathy-'with us *in our opposition to despotic its' victims often prefer death by their own usurpation of power, to meet in council in the hands rather than the degradation, the horrors City of Cleveland, on Tuesday, the 24th day to which it consigns them: employing the of May, instant, at eleven o'clock A. ar. army and navy to butcher defenceless women Arrangements have been made with all the and children on account of their love of liberty; Railroads for half fare tickets to and from the enacting a fugitive law so barbarous that the Convention. tender mother is driven to the terrible alterna- C. W. Noble, J. J. Ellwell, tive of slaying her own children rather than H. F. Brayton, B. Barker, see them subjected to its cruelties; overruling J. F. Keeler, H. B. Spelman, the laws and trampling upon the rights of our D. L. Wightman, Jno. C. Grannis, State; protecting felons indicted in our courts; R. C. Parsons, W. M. Corner, extending impunity to murderers who shed the J. S. Grannis, James. B. Wilbur, blood of their fellow men upon our soil; ar- R. P. Spalding, John Coon, resting, imprisoning, and prosecuting our citi- D. R. Tilden, and 500 others. zens' for the exercise of virtues which con- A. G. Riddle, stitute the true glory- of our revolutionary an- Cleveland, May 12, 1859. cestors: ~~~~~cestor~s: -,; Of the nmleetinc we read thus:Now, therefore, in order to reform the administration of our Government; to direct its enerGREAT M A ASS M EETING. gies to the protection, instead of the destruction of human rights; to put an end to this pirati- NORTHERN 01IO AWAKE. cal war, we hereby revive the ancient order of THE FOES OF TIlE FUGITIVE ACT IN " TIE SONS OF LInBERTY,' recognizing each COUNCI L. other and those who shall hereafter sign thislicans this.'(n t.is e The great 3lass Meetingr of Republicans this Constitution by that name; declaring our pres-. en ppsin t i a morning has caused a cessation of all business, ent purpose and ulterior design to inculcate and the streets are ull of strangers rom all and maintain the duty of human governments to parts of the State. Tlle influx frn the surprotect human rightshaparts of the State. The influx from the surprotect hutnan rights; that the violation of those rounding country commenced at an early hour rights by individuals, by officers, or by men act- this morning, waon loads of people arriving n 7. this morning, wagon loads of people arriving mg as a. Government, constitutes CRIME: by all the streets leading in from the country Appealing to the Supreme Judge of the villages. Preparations for a great meeting had -world for the rectitude of our intentions, we de- been made on the Square. A large platform diare that "no person shall be de preived of life, had been erected on the corner of the Square, liberty, or property, without due process of'law," near the United Slates building, and the WSIEIE N WE: ThAVE -POwER TO PREVENT IT. regular music platform in- the vicinity was set [The foregoing Constitution was then sub- aside for the use of some of the bands scribed by nearly one hundred gentl6men, embracing the names of some of the most promi- THE RAILROADS. nent and respectable citizens in the communi- The Cleveland and Pittsburg early train ty.] - Ashtabula Sentinel. brought in about a hundred passengers for the Convention, and several came in last evening OF THUY COUNTLESS " MEETINGS held to by the different railroads. About half past consider the treatment of the Lomain citizens," nine o'clock this morning, the Elyria train with their stirring speeches and plain-spoken brought in six loaded cars, and in about half an hour afterwards the train fi'om Oberlin brought resolutions, we have room to notice only one; in thirteen loaded cars. Seven crowded cars and of that we publish the proceedings in full, came in on the Cleveland, Columbus, and as reported in the daily papers. Cinciiinati Railroad. From the Lake Shore The call, in response to which the masses Railroad came in sixteen car loads of' deleates tgathered was this o the Convention. The Cleveland and Pittsgathered, was this:burg Railroad brought in five car loads, and the Cleveland and Mahoning Railroad brought MASS CONVENTION, nine crowded cars. The railroads to-day did In view of the impending crisis, which not bring less than 3,500 people to the Conseems to admonish us that " LIBERTY IS TO BE vention. PRESERVED BY CEASELESS VIGILANCE," it The Delegates from the Eastern lake shore is deemed important that a general Mass Con- towns, from 5Wellington, and from Oberlin, vention of the fbes of Slavery and Despotism, with their neighboring towns, formed in proand the friends of State and Individual Rights, cession at the depots, and marched to the be held in some convenient place on the West- Public Square. As they passed up Superior -ern Reserve without an unnecessary delay. street, the Lake and Ashtabula county dele-We do, therefore, earnestly request our gations led the way, headed by a military band, Rlepublican friends throughout the said Western and bearing a banner inscribed on one side, 0 0 P~~~~~ 248 HISTORY OF THE ASHTABULA. the slave-trade, whilst now a recent convention Regnanto Populi. at ~icksburg, passed resolutions condemning And on the oth~er side - the laws for the prevention of the slave-trade. Whilst men are prosecuted here to finlue and SoNS OF LIBERTY. imprisonment for obeying the natural instincts'1715. and dictates of our nature, the law against the Down with the Stamp Act! n - Down with the Stamp Act!869. slave-trade is treated with contempt at the 1859. Down with the Fugitive Act! South, and the offenders against the law are set at liberty. As this part of the procession turned the Judge SPALDING concluded by saying that corner from Water street, a handsome national we have not met to set at defiance either the flag, surmounted with a cap of Liberty, and law or the officers of the law. We have Inet bearing the legendl- to manifest the will and determination of the - Sos 0F LIBERTY people in a peaceful and constitutional manner. We Welcome you!" le counselled them to preserve order. Let us make known our rights, and our determinawas sent from one of the stores in the neigh- tion to maintain those rights, even to the last borhood. issue; but as you value.your position as RepubNext came the Oberlin delegation, marching licans, as membem-s of that great party of the two abreast, and headed by the Oberlin Brass right, let good order characterize your doings, Band, playing the " Marseillaise." Conspicu- and keep you from any illegal acts. ous in the procession, was the venerable figure This address, which was listened to by at of Father GILLETT, seventy-four years of age, least ten thousand persons, was received with bearing aloft the "stars and stripes " with the great enthusiasm. inscription'1 177 G." The President then announced the following They were followed by the Wellington dele- names as forming the Committee on Resolugation and an lnmense crowd of persons from tions - all parts of Lorain county. This party carried John Coon, Cuyahoga; WV. I. Upson, Suma banner inscribed "LoBxAIN," and on the mit; B. F. WVade, Ashtabula; James Monroe, other side - Lorain; J. R. French, Lake; II. G. Blake, ttMedina; O. P. Brown, Portage; Wiln. T. Letr is the Government, Boscom, Franklin; R. WV. Taylor, MIahoining; Dr. George I-Iowe, Trumbull; Peter Hitchcock, Geauga; William S. Miner, Erie; James ON THE PUBLIC SQUARF,,, UA M. Ashley, Lucas; Frank Saw)yer, Huron; As soon as the crowd arrived at the square, a Jacob Heaton, Columbiana; J. AV. Vance, very large delegation went down to the jail to see Knox; WNT T. Day, Hamilton; A. Burke, the prisoners. Sheriff WIGHTAAN had caused Stark; A. I-I. Pahner, Ashland; J. M. Reeler, that jail yard to be strictly closed, so that no in- Sandusky. gress or egress could be had. The prisoners were The Committee on Permanent Organization allowed to be in the jail yard, and loud calls was then reported: were made for PLUMB, PECIK, and others of Dr. Alvin Pomeroy, Putnam; John F. Con. the prisoners. Short addresses were made by verse, Geauga; N. P. Schuyler, I-Huron; J. M. these gentlemen, avowing their determination Keeler, Sandusky; J. D. Cox, Trumbull; never to flinch from the good cause in which —, Mahoning; lion. H. Canfieid, Mlledina; they were engaged, but at the same time coun- D. C. Allen, Ashtabula; )r. R. C. Kirk, Knox; selling moderation. After a round of hearty J. S. Herrick, Portage; Philemon Bliss, Lorain; cheers, the crowd adjourned to the speakers' A. D. Howe, Lake; I-I. D. Cooke, Franklin; N. stand. WTentworth, Ashland; D. R. Tilden, Cuyahloga. Here the Convention was called to order by The Secretary read various letters received the appointment of Hon. It. P. SPALDING as from gentlemen unavoidably absent:temporary President, and JoIIH C. GRANNIS AS Se~retaT~r. - LETTE R FROM5 IHION. w3r DENNISON, JR. Professor MORPCGAN invoked the Divine LTTR FROM I-ION. WM DN, blessing on the proceedings of the day. Columbus, May 20, 1859. Hon. R. P. SPALDING addressed the meet- S. O. GRISWOLD, ESQ., and others: ing. He said they had met to consult on the GENTS,- A prior enafemll ent to attend a best means to preserve the gift of liberty left meeting of the Republican National Executive us by our fathers. The founders of this Re- Committee, at Albany, New York, on the 25th public had left us valuable rights and privileges, inst., will prevent me complying with your kind and how long these privileges may be enjoyed invitation to attend the Convention you have depends entirely on ourselves. called, to be held at Cleveland the preceding day. The speaker referred to the action of the Let me express my ardent hope that the proColonial Congress of 1774, in which a resolu- ceedings of your Convention may be such as tion was passed providing ibr the abolition of will permanently contribute to the advance OBERLIN-WELLINGTON RESCUE. 249 ment of the sacred principles of freedom, jus-. land the 24th inst. I shall leave home totice, and humanity, which have been so violently morrow upon an engagement made sonme time assailed by the imprisonment in your county jail ago, and shall not return in time to reach Cleve, of Messrs. Plumb and Peck, and their. devoted land on the day mentioned. colleagues, under the insulting provisions of the I agree with you that the aggressions of the Furitive Slave Act, and that in the contest *be- Slave power " are sufficient to alarm every tween the antagonisms of freedom and slavery true patriot." Every concession the North has forced upon us by the Southern oligarchy and made seems to have emboldened the South to its Northern allies, we may-at all times prove make new demands. Having defieated us in ourselves worthy descendants of the heroic our efforts to prevent the extension of slavery, founders of the Republic, who declared one of Southern politicians lnov seek to secure the the great purposes of the Federal Constitution National power for the sole purpose of extendto be, the securing to themselves and their pos- ingr the area of slavery; having abolished the terity "' the blessings of liberty." Congressiqnal interdiction upon the introclucAccept the assurance of my sincere regard tion of' slaves into the Federal territories, they personally, and of my uncompromising hostility have now, with the a.ssistance of the judiciary, to slavery and despotism in every form. proclaimed as a part of the, fundamental law, Truly yours, that the Constitution carries slavery into every IV. DEbNISON, JR. Territory; and finally Southern statesmen seek to engage the Republic in an infamous and piLETTER PROMI THIOMAS' SPOONER. ratical traffic by the repeal of the existing laws Cincinnati, May 21, 1859. "against the slave-trade. These abominable doctrines, and above all, the success which has S. O. GRISWOLD and others: hitherto attended them, may well excite the G ENTrs, -Yours of the 16th inst., invitin fiears of the patr:ot. me to attend a Mass Convention of all " Foes I wish you that success. which your cause dcof Slavery and Despotism," to be held in serves, and remain yours, etc. Cleveland on the 24th inst., is before me. 1)ThLIP I)ORSI EI IILt. I regret that I cannot be present to participate in the proceedings of the Convention. It is high time that the people of the North LETTER FROM T. II. COULTII. had spoken boldly and fearlessly their true sen- S. O. GRISwOLD and others, Committee:timents upon the only living political question ET If y busines airs were no of tie dlay. GENTS,- If my business afaiirs were. not of the day. It is time that we had de~larecl against a fur- absolutely compelling my constant attention, I ther extension of Slavery - that while we will shouldl take great pleasure in complylinge with not interfere with the rihts of the States, we our invitation to atten a ass Conention of oare determereinedly fixhted on O'he Stiates, e all the foes of'slavery and despotism, to be held are determiinedly fixed in our resolution, that atClevelnd on te 2h ist. the territories ofour country shall be consecrated at C leveland on think of thelist. to free labor. That. no longer shall the great Iing as to thin k of smothlring the Oline of groundwork of our declaration of rights - the nmu as to think, of sm.otering, e feli of the natual impulses of man resentment arousecl in your manly bosomns, by the basis of'our laws the natural impulses of man recent outres perpetrated in r ids n-the great law of rihllt - the dlictates of coIn- recet outra science that no longer shall these'be trodden der the hypocritical cover of lav. down, be crushed out, a nullity in our land -I declared that we should reap bitter fruit as that we will hold'sacred and inviolable the a party, when we first organized as Ielpublicans, by not declaring against the constitutionriahts of all to life and liberty who may'obtain' a foothold in the North-west - that no longer ality of the Fugitive Slave Law. Our, position will we countenance a Judiciary who will unber was too tame then, and events.now prove it. " safe precedents " give up to slavery those who The proper attitude boldly taken then would safre speeents " fe ive up to slavery toshof have rendered our position as a party impreglare s~leeking~athy fi of'theee dom. of al l onable. But from our desire to conciliate conThe sympathy of the State of all lovrsof sevatsmthen we no have its strength self rights- is with Prof. Peck and others who srvatism then we now have are now incarcerated'dt alo (oubled, upon us. Thousands of men, who in the jail of Cuyahoga then djeclared.this law an outrage upon the county, solely for aiding those who werse flee- t eclare s law an outra Cin from Slavery to Freeonstitution, are now meekly bowing to this ing fiom Slavery to Freedom;. Very truly, - usurpation of power, and some of them, like -TIIsos. SPOON~ER. Judge e;Willson and Attorney Belden, are its willinog instruments of execution. They are LETTER FROiM PIIILIP DOIISHEIRMER. represented as having been its fierce denouncers, and l ane now its willing supporters. Buffalo, May 18, 1859.: Thoug, no Republican is willing to sanction S. O. GRISwOLD and others: in..any way the law, many allow it to be constiGENTLEMIEFN, - I have the honor -to, ac- tutional. This is what we have lost by our knowledge the receipt of your invitation to at- tameness, for not one in twenty, who now contend a Mass Convention to be held at Cleve- cede this, would have done so, if we1 had incor32 250 HISTORY OF -THE porated into our platform the opposite opinion. of the armed overthrow of the ballot-box by the -lard work is now necessary to enable us to national bayonets?- What think you of' the advance to that position as a party.' political attelmpts to vote a minority Constitution It must be done,'liowever, and Ohio, more over the hieads of the freemen of Kansas, and properly than any other State, should lead the to drive it down their throats with sword and column. Yours, etc., ball?.What think you of the decision of the T. H. COULTE1. Supreme Court that the black inan has no Columbus, May 23, 1859. rights which the white man is bound to respect? What think you of their dicta that citizens of LETT~E~ R FIROM CASSIIUS Mi. CLAY.: Ithe free States are not citizens of the United States'? W~hat think you of the Dred Scott GENTLEr:EN, -Your favor of the 16thi is decision in its real purpose - that slavery is the received too late to accept it. on my part. I only sovereignty'in these States - in the landeeply sympathlize with you in )oiLr movement guage of the Kentucky and Kansas laws - a against the advances of "slavery and despot- mal's right to his slave "is higher than all laws ism." The scelies which are now beihg enact- and' constitutions?" What think you of that ed in' Cleveland, where men are fined'and imrn sort of a " Hii1her Law?,' What think you prisoned for the exercise of the -highest in- of thle embrlyo political movement under' "Demstincts of IHeathen Philanthropy and Christian ocratic" (!) auspices, which will, in 1860, call Morality in violation of the sacred principles of upon you to invest Congress with the power to our government and tlie utter ove'rthrow of our put it into ppractiee in -all the: Territories, and.much vaunted Constitution,, are well calculated then in all the States?. You can't see speculato arouse a sluggish people to action, and awaike tive opinions ou know nothing of tIhe logic the sleepiest firom their fatal slumbers! I al- of principles - you i-nore cause and effect by ways hated and denounced the Fugitive Slave induction, makling the past, future history! Lawv- not only because it viol'ted the United But yon see your good and tre men now lying States Constitution - the return of fuitires cin prison! You begin tounderstalnd that thing! from labor being a duty imposed upon the You call a convention on the 24th inst. You States only, according to the unbought dicta of invole the countenance and aid of" every true tle " Expounder of the Constitution," Daniel patriot and friend of freedom!" Very good! W5ebster, and denied to Congress, -but because You intend to " resolve," to " protest," to "dieit violated all the safeguards ofi friedom, nounce." Is that all? Then go home and jeoparded the life, liberty, ancl happiness, not wear your chains! I say, are yout rearly to jfiht? only of. the humble and hatel African, nbut of' YJot to figlit the poor Judge at Cleveland - not every proudc Saxon in the land, and madle jus- to fihtlt the,IMarshal - not to fight the iniseratice a mocktery in all its forms, and because it ble ipacked Jury -not to fight the tools of the humiliated andl delcralced our alvnhood, and fitted Despots - but the Despots themselves! Not us to be ourselves slaves, Wihich Our masters to -;iolate tihe laws- not to make emueutes,laon' since designed. not. to produce anarchy, but to maintain constiG(entlem en, allow'mne to be a littleeg otistical tutional liberty- peaceably if' wve caln -orIn a letter to the mlembers of the New York ci1bly if'ie must Are you ready for that? If Leoislature, dated January 9, 1846, more than not, give it up now! Don't go into a National thirteen ycars ago, I used these words,. " This Convention to select a standard-bearer who is is no lonoer a question about Af'icans- a "submissionistl" I on't put, up a " coniprowhether they be beasts ior menlc a debate miser!" Don't look out for a " conservative! " about maudlin philanthropy!- bhut'h7etiher They'll all betray you, as' they have (lone! we, the ei' hteen llmillions of' white men of lhese thlley all do that which you expected and desired States, shall be free men or slaes i " them to co. They'll al sell us out as we have These sentiments and utterances werei de- been willing to be. sold! -" The Union will be nounced as the most atrocious and. fanatical1 all agmain in danlger!" I played prophet thirteen over the lNorth; and what little reputation I ) ears ago I-'11 play the same part again. hadl fr common sense was, for long years, lost! len do not lay dcown power -voluntarily; our What say you now, men of Ohio? What thlinlC masters, the slaveocracy, are not going "to go y5ou of the expulsion of the representati es of out bile a snuff! " Tle " Democracy" intend Alassachusetts, seeking legal redress of wrosllin to rile the UCnion, or'ruin the Union! I don't the Courts of the United States, fi om Charles- intend, so far as I can prevent - so far as I can ton and New Orleans? What' think: you of' control or influence the e epublican partyn, that t.he army andl navy present in Boston to niforce they shall be allowed to do either. I want a an unconstitutional' law?:What think jyou of man at the head of the party,:who will be the the trials of Amlerican citizens for their lives platforum of the party. I want now no cornfor " con structivie trem son'?" Alhatt think- you stadlk'general, but a real general. I want a mlan of the sellingr Northerni citizens into Southern whose banners bear no uncertain sign. When slavery? W: hatthink ou oftlhe ( oernmental I see slave propayacldinsm on the banners of the mur(ders in'Kansas? Wahat think you of the Democracy, I want to see, in legible (olol's, military dietatorship there' Whbat.! think you libertypjirolmyand'i'sm on the flag of the Iepub OBERLIN-WELLINGTON RESCUE. 251 licans. ~ When I read " Slavery is higher than farmers' barns in the early times of the counall laws and all constitutions," I want a scribe try, the sides of his barn and outbuildings who will write under it and on it, in letters covered with the skins of coois, and other anilike those of John Hancock, tlhat is a lie!'Vhen emals. The Supreme Court has much the same the slave-holders say if you elect a Republican appearance and the same nature as these dried President, we will dissolve the Union, I don't parchments. The Democracy of this day is want any one' to put off the evil day which opposed to civil and religious liberty.: [Cries of would follow such event by saying, "let it "true, true."] Inthe Democratic party ofthis slide!" but some one who would stand by the nation, eighty-five per cent. is put in by the tomb of Andrew Jackson, and become infused party leaders. to such extent with the. spirit of that old patriot and hero — that he would be ready to cry out s AFTERNOON MEETING. in the fulness of inspiration' "By the EterThe temporary Chairman, Judge Spaldin, nal':' the Uniion shall be preserved:" I would t e r pa.called the meetlffl to order at half-nast one have no man to be pr ecipitate - bandy no hard.'cloc. - words -be by no l means "fussy" —;-but stand: upon the bygreat rockmes fussy" bute Sovereitand Judge Tilden, from the Committee upon per — nug upon the great Seocks ofySteteI Soeureitile manent organization, reported the fobllowing and National Supreinacy, I would: defy the officers:, canting traitors to Liberty, Law, Civilization, ana Humanity! Tlit's what I mean by ask- Permanent Officers. ing you, are you ready to fight!.:If- you have Hon. J. R. GIDDINGS, President. got your sentiments up to.that manly pitch, I Vice-Presidents. - John P. Converse, Geauam with: you all through to the'end!.. But if ga; John F.:Morse, Lake; Geo. II. Howe, not, I'll hlave none *of your conventions- no Trumbull; Joseph DeTSuolf, Portage; James more'farcical campaigns;: no more- humbugs; Dumars, Mahoiing; J. WV. Vance, P nox;. Jacob no more -Fourth of July orations -no more Heaton, Columbiaina; James Milonroe, Lorain; Declarations of Independence -- no more plati- Herman Canfield, Medinla; Sidney Edgerton, tudes'- no more glittering r generalities -no Summit; Dr. A. D. Skillenger, Huron; N. more rights of man - no more liberty, equal-. Wentworth, Ashland; Felix Nicola, Cuyahoga.. ity, Ond fraternity! In obscure places - in Secretaries.- John C. Graniss, Cuyahoga; silence aund humility, I will crush:out the:J. S. Ierrick, Portage; Augusta ThiemeCuyaaspirations of earlier and better days- andl hooa; Joseph I. Dickson, Lorain. attempt the dutiful' but hard task'of forgetting - The report of the Committee was accepted that I was bor'n f'ee!' by three cheers, and the officers took their Your Obedient Servant, seats. C. M. CL AY. Judge TILDEN was then introduced to the Messrs. S. O. GRISWOLD; etc., Corn., etc., audienceand'made a short and tellin( speech, Cleveland, Ohio.'': - full of appropriate and cutting allusions to the Federal Court and to thie officers who have inTHE PROCESSION. carcerated these Oberlin men. After throwOn the adjournment, until half-past one ing hot shot into: their castle and sufficiently o'clock, a processioni was formed:under the di- punishing them for their infamous actions, he rection of Marshal SPANGLFnR and his assistants. passed into the features of Congressional poliThe Bands furnished fine music while the pro- tics, showing that the Chairmen of all' the, ircession marched at times to the inspiritinz music portant Committees, and the majority'of these of Hluntoon's'drummers and fifers of Paines- Committees were of the unterrified Democraville. The cheerful looks of those composing ey. Passing rapidly over these, he threw into the procession, with the Bands and the Banners his remarks many capital hits at the dominant' whidh floated gaily in' the breeze, rendered the party, which kept the immense audience in a spectacle a very pleasingo and inspiring one. roar. They were' greeted with cheerss all along the' ItIe showed' up the inconsistency of the offiroute, andl marched fthrough:the principal'cers of this Federal Court.- Belden had been streets.. - an Abolitionist, but had turned Democrat, but Hon.' E. WADE spokei in the interinm of otier:they could mark his words, Belden nwould' cdme exercises, on the Fugitive Slave Law, its-nature, yet to the. Republican party, but every man its cons'titutionality, and its binding force. Be- should have his boots ready nailed to kick him cause a Judge, not in the line, of his judicial out:6f the party. duty, pronounce s an enactment la,: that does Outside of' some cannibal and'heathen counnot make it law. He is not to make the law, tries he did not believe there was such an inbut to look at it as it- has beeni made. What is famous Court as this. the Supreme Court, and what is Justice Taney? Three hearty cheers thanked Judge TILDEN Why! I wish the" crowd could look in ulpon the as he sat down. Supreme Court, as I have done, and I tell you. J. W. VANCEj, Esq., of M~t. Vernon, was next your'bump of veneration would fall right in. introduced. [Laughter.]'You have seen, idii passing by He came here, as every man who has a mind 252 HISTORY OF THIE for freedom and is opposed to slavery should But now the war is brought to our own door. do, and he should be proud to speak a word for Here among our own residences and homes, free principles. It was a fundamental princi-' some of our most respected citizens have been pie of our governmlent that all men had free thrust into a prison for doing what I thank and equal rights, and these principles are not them for fromn my inmost soul. confined to our government. They have their For thus obeying the high behests of Heaven's source in natural justice, the great source of all King, these men are now thrust into a gloomy law and all rights. Shall we, as freemen, stand prison which would disgrace the Southern porup for our rights and defend them as in the tions of Africa. days of the Rtevolution, or shall we tamely sub- But it is said that this man had no rights mit to tyrannr? vwhich we should respect. It vas said that God The Constitution gave us no righllt to make hlacl given' to the doughfaces in Congress the slaves, of a part of our citizens; on the con- power to turn lliln from one'master to another trary, it provided that all should have equal with no voluntary act of the:victil. All the righlts to citizenship. It is true that we should, nobleness of our nature,rebels against such under the Constitution, let the owner: of escaped IAtheism; all hullan beings have derived fi om, slaves come and get them as they would a horse, their Creator- a right to life, liberty, and the but the slave-holders were not satisfied with this,, pursuit of liappiness. You may brutalize him they must have a law by which they could and, abuse him; but no more can human govseize any colored man, woman, or child, and -ernment transfer the right of human liberty carry them. into slavery. They call, too, upon than they can put life into a corpse. us - upon all of us - to help them carry back Now:had Congress the right to consign. this. into slavery these persons whom they seize, anl maln, or any man, to everlasting slavery and willl you do it? [Cries of " No, no, never! "] bondage? No, never! and here we leave the WeTe are..here to-day, not only to treat of' law Democratic party., If they held the doctrines' for ourselves, but to force the: administration'which we do upon this point, there would be to obey the laws. [Applause]. You have no point of disareement between us. But some,men and brothers in yonder jail; now one judicial'decision that I know of has been what shall we do? Let us exhaust every law giseiln upon this fundamental point t-tll Drcd and legal means in our power, and if then we Scott decision. I know that tliroughout.C irisshould fail, which God forbid, let us show that tendom: there is a unliversa' abhorrence of this Ohio shall be f/ee by the right of the people,. doctrine. As -early as 1765, John Adams. an[Three cheers].. ounced that tlhe right to' human liberty was " lail Columbia" by the Chlagrini Falls band. antecedent to all law or governrent. Only the Hon. JOSiHUA ER. GIDDINGS was next intro- tories of the Revolution denied this. They ducedl. were the men'who, like the pro-slavery party The old War Horse spoke as follows, being of this day, deny all lluman rigoht against the greeted with hearty applause: will of tyiants. Not the Democi acy of tlis or I have nmet many of' you at different times, any other day, hold to this doctrine. No, such but this is. the greatest occasion. of, all. Forty-. an imlputation- would put.Democracy to the seven-years ago I first. entered this territory. blush, it would insult hell itself to give it such I bore mny musket on my shoulder. The British. anopinion and characteristic. fleet lay in the offing, and here on this ground I tell you that all men are created' free and on the 10th of Sept., 1812, many of my com1- equal, and that eternal truth I for one will panions listened to the thunders of Perry's,fleet, stand by and abide by. Melen talk of Constituand the heroism of that day has not passed and tional laws. There stands a Constitution that gone.. But this country for Which so miany of declares that.all have equal rights. our fathers fought and bled, is now conltanm- I have no hesitation as to the means for actinate.d by the presence of tyrants, and here in ing upon this great matter which i; now before this New England of the West, men have been us..I would have a committee appointed toarrested and( imiprisoned for aiding a flellow mas day, to apply to the first and nearest officer to gain his freedom. This maiy be a common who has the power, that he shall issue a writ scene in Africa, but not here. HIad this tyranny for: the irelease of those prisoners -not the confined its operations to Congress, where it men who have now been summoned to Columstruck down your Senators and gagged the bus, but those whlo have not' been sentenced. bold:and fearless men who dared to raise their And I want to be appointed on that commnittee, voice against this terrible wrong, you could do and if so, I will promise you that no sleep shall no more than to use your own influence.in come to my eyelids this night until I have used bringing about a better state of affairs.. 5When my. utmost endeavors to'have these men reit invaded our own State, and wrongs unheard leased. [Immense applause.] If it was not of before were enacted in the southern part of for the Supreme Court of the State, for, which our State, you could not go there to correct I have the utmost respect, I would ask for no those wron-s.'The people of the VVestern judicial process, but those men should beReserve could only shudder at the wrongs and b rou'oht before youn to-day. [Vociferous aphope for better things. I plause.] I will, if such a coimmittee be ap OBERLIN-WELLINGTGON RESCUE. 253.pointed, apply to Judge.Tilden, and~ if he I That the' history of the governmelint of the flinched in the exercise of his duty, and refused United States, as recently administered, is a to issue this.writ,: I would never speak to him history of repeated injuries and usurpations,'all again or give him my hand. If he failed, I having in direct object the Africanization of would go, to another, and, another, until death this continent by the diffusion and establishcame to close my eyelids. I know that the ment of slavery and the restrictioi and'limita)Oemocratic press throuhllout the country has tion of freedom, thus reversing the ancient polrepresented me as counselinga forcible resistance icy of the founders of the Republic, which to this law, and God knows it is the first truth looked to the extinction of slavery and the exthey have ever told about me.' tension of liberty; and Now let- me take a vote. I want all in this That the Dred Scott decision, reversingc all crowd who are ready to tamely and timidly the well-established rules which for ages have submit to tyranny to.speak out. [Not a voice been the bulwark of personal liberty, yields its replied.] Now let all those who are ready and legitimate fruits in the recent atrocities coniresolved to resist when all other' means fail - mitted in the heart of the Western IReserve, when your rights are trampled into the'dust — and calls upon us for new efforts and new sacwhen the yoke is fixed upon your necks - and rifices for constitutional liberty, do, therefore, when the heel of oppression crushes your very publish and DECLARE, life out.-all those who are thus ready to resist 1st. That the several States composing the the enforcement of this infamous Fugitive,Slave United States of America, are not united on Law- speak out. [The roar which now arose the principle of unlimited submission to.their firom thousands of voices was deafening.] I general government, but that by compact, unwould have this voice sound in the mouth of dler the style and title of a Constitution: for the the cannon, andl I would have it resound over United States, and'of amendments thereto, every hill, through every vale, by every wind- they:constituted a'general -government for,ing stream and rushing river. I would have'it special purposes,"'and delegated, to that govern'go roaring in eyery free mountain wind which mentt certain definite powers, rescrYing each rocks your forests, until.. all the world' -shall State'for itself the residuary mass of right to hear. [Cheers.]. their'own:'self-government; ancd that whcnso; And now let me say to the Demccrats,-"if ever the general government' assumes undelethere are any here, that so long as I have life gated powers, its acts are unauthoritative, void, and health, I will use all my influence, and? all and'of no force, and being void, can derive no legal means to oppose the execution of this law, validity from mere judicial interpretation; that — andl when all such means fail, then so long as to this comipact each State acceded as a State, I have strength to raise and wield an arm, so and is an integral party; that' this, government, lonig I will resist unto death, and will work and created by this compact, was not made the Cxpray for liberty with my latest breath.' elusive or final judge of the extent of the DIeafening and prolonged applause. and cheers powers delegated' to itself,, since that would sho"wed the interest taken by the vast audience have made its discretion, and not the Constituin the remarks of Mr. Giddings. tion, the measure of its powers; but that, as in:. The following resolutions were then -pre- all. other cases of compact bet>ween parties sented andl read by John Coon, Esq., chairman having no- common judge, eacl.party has an of the committee on resolutions, and adopted by equal right to judge for itself; as well of infriac*a thundering vote.. ~ - tions, as of the mode and measure of red'ress. 2d. That the law commonly known as the DEZCLARATIQO~a.N.' Y Fugitive Slave Law of 1850, was, in the opinThis a.ssembly of the people -of the State of ion of this assembly, passed by' C6ngress in the Ohio, holding;.:. -'...... exercise of powers improperly'assumed; and That:, next to our duty to the. Supreme Be- had it been presented as an original question to ing, is our obligation to preserve our free insti- a wise and impartial court, must have been tutions and our civil liberties;... held in conflict with the Constitution, anld, That the greatest tyrants have been those therefore, void. whose titles halve been least questioned,; 3d. That one of the mlost alarming sympThat every violation of the:Constitution toms of degeneracy in the General' Governshould be watched with jealousy and resented mont, is the pliant subserviency of the'Suwith spirit; preme Court of the United States to the objects That tlhe history of every free people has of party politics, thus greatly diiminishing that shown the impossibility of a cordial compliance public confidence in the' judiciary so -essential with laws which neither embody nor execute to good order;; that- the extent to which the the public will; Supreme Court has thus compromised its charThat the enforcement of such laws against acter, renders it incumbent upon the people to an unwilling people, is productive only of evils consider what measures are necessary to restore threatening public order and the stability of that tribunal to its ancient estate. governmental institutions: and holding farther- 4th. That, in the opinion of this assembly, more,. an amendment of the federil;judiciary system '254 HI. STORY OF THE is indispensably necessary, so.that the sover- mitted-.until that great result-:.be acconieignty of the States may be respected, and plished.: individuals guarded from oppression. As a The Committee -subsequently et, and Mr. ~means to this end, it is strongly recommendedj Gidcdin gs dissenting, decided to await the dethat the life tenure of judges be abolished, anl Ecision of the: Suprelme Court in the cases of that the judicial office be limited to a term of -Bushnell and Langston. -. years; that Congress so remodel the judicial Hon. JosEPrII'M. ROOT, of SIandusky, was circuits that a majority of citizens of the United here introduced, and greeted with cheers.. States shall have a majority of the justices -of He came down upon the Supreme -Court of the Supreme Court. - the United States with stern severity, and no 5th. That the recent proceedings of the. less so upon the Federal Court; of Cleveland. Federal Court for this District, in producing It was;not much to be surprised at, that a the conviction of persons indicted, under the -Judge could be found who, hopejess of any proVisions of' the Fugitive Slave Law, by the honorable promotion or preferment, could, only employment of the most disgraceful partisan hope for it from executive favor; nor was it nmeans, is without a parallel even in the modern surprising that a District-Attorney could be history of despotism; that the victims of tlat found; but it was our shame, and our fault that Court, now incarcerated in yonder prison, con- a jury could be found such as had sat upon victed or accused of " humanity to man," are this case. The Court was too low to have any entitled to, and we hereby tender to them, our business:brought before it except Slave catclicordial sympathy; and to make that sympathy ing. That should -be their s ble'business; but effectual,,we hereby recommnend: to the State Courts we would go for the settle-:- That a fund be raised to be called The Fund ment of the cases of Bushnell and Langston, of Liberty.; and to the end that every Repub- and let them grant the release of these men, lican on the Reserve may share in accumulat- and unless he was greatlytmistaken, the execuing that fund, thlat the contributions be. limited tive of the State would see that it was done, to one dollar each, the same to be collected un- and he trusted that there never would be an der the direction of the several Pepublican executive who would not do such a noble' deed. County Central Committees of the Reserve; We must apply to the Courts, and if they would.that three commissioners be appointed by this grant tdhis release, it was well. If not, we assembly, to be called Coammissioners qf the would have another meeting and talk it over.,Liberty lu.nd, who shall receive said fund, dis- HIe thought that whatever: else might happen, burse. -it for the objects named, and account Ohio sllil not; in God's name she ll not, therefor by periodical ptublications until their be made a hunting-ground for slave-catchers. duties are performed; applying,any surplus [Applause and cheers.] Stand steady, trust to. the advancement of?epublicaitism and in God and keep your powder dry,.andl look -,Libert'y.., - - for the things that shall be.!6Gth. That our fellow-citizens of Lorain Gov CAsl was then lieceived -with hearty counti, llho are now in jail waitingr the pleas- - and tremendous cheers. ure of the U, S. District Judage, for their trial, A few hours ago lie was sitting in his office are enii iled to.their liberty, andcl must have it, at Columbus, not expecting to be present to-,peacdcably and in conformity with the rules of day, but having received a summons to meet lawv;. with them to-day, he had felt it his duty to In pursuit of this end it is' come, but he had not come to- advise them to i esolmed, That Joshua {R. Giddings, of Ash- do any thing which they hereafter might have tabula Countyi Terlinan Canfield, of Medina occasion to regret. IIe had'not come to coun-.County, and Robert F. Paine, of Cuyahoga, sel any violence. The American people, County, be constituted a Committee to sue out having the control of all power by the -ballot the vwriit of habeas corpus in behalf of saidl boxes1 it was for them to do it in their legitiprisoners without unnecessary delay, and that mate wav.' - they addlress the application at their discretion, It was not necessary that we, the soi;ereigns to any judicial officer of the State -of Ohio, of the land, -'should resort to any measures haiving power to grant the writ. which could not be carried out at all times and 7tli. That the chief reliance of freedom in'under all circumstances. the American Republic rests in the great Re- Some of the most respected citizens of the publican' party, to'which the people and the State whom he had known for years, had'done a- e look for a restoration of every. branch of' what they believed- to be rigiht and which not the federal government to the pristine purity liae mian -in ten thousand would look up into of Jeferisoanian Republicanism; that; stimulate( the liue-skv with his hand on his heart aind say as well by the wrongs and outrages which were was not right; they had been thliown into conthe immecditte occasion of this vast assemblage, finement. This was wrong,'and WLbat should as by the, late triumphs: of the people oveer fed- we do? We' exist under a State Government eral power and corruption, it is: the manifest -and a Federal Government, and if the Governduty of Republicans everywhere to renew their ment does wrong, turn -it out. Dismiss the united efforts With an- energy not to be re- unworthy servants and put in those who will OBERLIN-WELLINGTON RESCUE. 255 do your will. So with the State Governments. act in accordance with their consciences and Take the right course always and look to the their duty between themselves and their God. Governments and reform them. The great remedy is in the people themselves, The Federal Government is inow acting at the ballot box. Elect men with backbone under the Fugitive Slave Law of which he had who will stand up for their rights, no matter often expressed his opinion, and what is our what forces are arrayed against them. See to redress for those who are imprisoned under that it, too, what President you -elect again. Let act? The first thing to do was to ably defend such a man be selected as will do as you desire them, as had been done. It was said that tlhis - a man who will represent the people in the law was unconstitutional. If:this beso, alldclone spirit of freedom and right, and administer the under that law is null and void. He believed Constitution of our fathers, the securer of libwhen the law was passed, and believed now, erty and not the prop of slavery. that that act was intended rather as a symbol I have said just what I feel and think, just of the supremacy of the Slave -States, andl the what I will live by, and just what I will die by. subjugation of the Free. This case has been Go on and be faithful to your charge- do your brought before the Courts of the State, and duty to yourselves, your country and your God. they are bound to carry out their duty under Gov. CHASE was frequently interrupted by such a view of it. If the process for the re- cheers and applause. lease of any prisoner should issue from the Judge HITCHCocK, of Lake county,-was next Courts of the State, he was free to say that so introduced. long as Ohio was a Sovereign State, that pro- Little; Lake was represented here to-day by cess should be executed. He was in favor of men with true hearts, and he stood there but. a reciprocity, but if the State Court issued papers moment to represent those true men. We are and process, the Federal Court must show the here to consult about those men who are arrested ~same deference to the State Court that was at and punished without law. They could appeal other times shown to the Federal Court. W~e to the State Courts for redress,- and feel confican reform the Judiciary, the Congress and the dent that they would do their duty according to Administration, and although the process may the best of their ability, be too slow to suit some of the more excited of In relation to the resolutions: passed in this the audience, yet none of them were so old town years ago, and which were lately thrown that they might not see the operation of this like a bomb-shell into yonder Court, he would remedy. He did not counsel revolutionary simply say that what District-Attorney Belden measures, but when his time came and his duty had said about their authenticity was wholly was plain, he, as the Governor of Ohio, would flse. Those resolutions expressed the speakmeet it as a man. er's mind then, and he had the same mind now. He then reviewed the circumstances of the lion. CoLUMBus DELANO, of Mt. Vernon, arrest and seizure of the negro boy John under said he had come here to this meeting and had a power of attorney, and this process of a enldcavored. to keep-outof sight and hear others, power of attorney gave to the agents of the but some rascal had kidnapped him. He had power the right to take John wherever he long known the people of the Western lReserve, was found, although at that time he was a and had known them to be full of liberty and citizen of Ohio. Consequently that paper of loyalty to human right. lie had come to tell authority was not peace, but war, against.a them that Central Ohio was ready to respond citizen of Ohio. to them in the love of liberty. But he had not His deliberate judgment was that no person come to counsel violence. We never yet had could be seized and captured while he.was a perfectiliberty, and were perhaps not yet precitizen of aany sovereign State, under the Con- pared for it. But we have had forced upon us stitution of the United States. He.entered into oppression after oppression until now we are a brief analysis of the constitutionality of this accused of and punished for crime if we refuse law, showing it to be at variance with the letter to assist in carrying back to slavery a fellow and spirit of' that document, giving, as it does, man. We are told that we must obey all laws. the powver of the Judges to the Commissioners There is a difference in refusing to obey a law under this Act. and refusing to enter into the carrying out of an Who does not see in all these unrighteous:ac- evil law. cusations and persecutions the doom of this law? We must refuse to obey such laws as this. He remembered the statement of the:Plain We have refused and have been tried for that. Dealer of a few years ago, which said that the Law first- law and patience- but with it all, origin of this law was infernal, and it must,be a patience and perseverance that shall never die, repealed whether Constitutional or not. But it for, the suppression of wrong. was never intended by this clause which per- I come to-day to greet the spirit I see in your mits slavery in the land, that it was to spread faces, that, like that in Independence Square farther than the States in which it then existed, when the Declaration of Independeence was and had they believed otherwise, the Constitu- read in Philadelphia, turned in earnest prayer tion would never have been enacted. to God to give them strength to go in the right Let the Courts be appealed to, and let them cause. If you have. not such a Court as you '256 HISTORY OF THE want, make such a court by the ballot box, and fail, for God's sake, fall back upon our own your laws will'be executed. You are here in natural rights, and say to the prison walls come solemn, thoughtful, earnest, manly, and solid de- down," and set those men at liberty. [Cheers.] termination to do right, and naught but right. Hon. O. P. BBRowN, of Portage county, said Go on in that course, and God will be with you. he was one of the most fanatical men upon this Hon. D. K. CARTTER said he merely expect- fanatical Western Reserve. In yonder pile ed to wind off abundant speaking.- He could there is' pure despotism. It makes no differexpress his convictions in a very few words. ence whether you call the tyrants Nicholas or First, he did n't believe that one man has a right Belden, whether you call the despot the Czar to buy and sell another. of all the Russians, or Willson. Infanous, corAs a plain exposition of his platform, he be- rupt, and devilish as the Fugitive Sla've Law lieved that this law which would send back is, it is yet white and pure compared with men to slavery, originated in hell, and was ex- tle persons who have executed it in yonder ecuted by po6r miserable devils, who had sold building. It is:Federalism which filles one'themselves for a few base honors or dollars. man $1 for killing a man, and another $ 600 The man who would assist to. send back a fel- and long imprisonment for helping a man keep low being to hopeless bondage, is, of all: crea- and save his life. I trust if the Federal tures this side of hell, the most to be commiser- Power is ever to'make an issue and test the ated. On the theoretical points, therefoie, he facit whether we will execute our laws, let themi thought he was sound on this law. test it now. They know not how soon the 1While he bowved with the utmost deference smouldering volcano beneath them may burst to all law, he held in supreme contempt any law under their rotten carcasses. We' are ready that enslaved any human being. You have re- for the question. Don't' let them put off this pealed this law in Ohio. There' is only just question one moment for our convenience, and enough of monumental relics of this law now I say to you in conclusion, stand firm by the left, to show that it exists somewhere else. eternal landmarks which our fathers have plantThose men who say that these poor, robbed, ed, and your names shall be handed down when down-trodden people are designed by the Crea- those poor miserable office-holders shall be fortor to be slaves, are open blasphemers, and gotten. [Cheers.] don't believe in God, hell, or immortality. Judge CONVERSE, Vice-President remarked That's his idea of the religious part of the law. that the ladies had a work to do in this matter. lIe was the chief of sinners, but he would n't They should train up their husbands, and those swap his chance of a decent immortality with who had no husbands should tell their lovers to one of those who help to sustain this law. He go to the polls and do their duty, then come thought the' audience would be satisfied with back and claim their reward. this conservative view of the subject, especially President ASA MAIANi being called' to the when he said that he was in favor of having stand,'rejoiced to know that some of the prisonthose men out of that jail the best way they ors, whom he had instructed in years past and could be got out. taught them principles of liberty, were still Mr. Cartter's remarks'were received with fre- tiue to their duty. He felt that he had not quent shouts of laughter and applause. lived in vain. JoHN -LANGSTON, Esq.; of Oberlin, was next; Langston had hated the Fugitive Slave Law, called to the stand.: lie said' that he hated the but the speaker liked it, for it was' a monster, Fugitive Slave Law as' he did the Democratic and he hoped the Devil, its father, would never party, with a deep, unalterable hati'ed. He beget any thing but monsters. He liked it, too, then went on with a clear, noble, and bold ut- because it could not be executed; and again, terailce of sentiments which were clothed in as because it was political death to the party'that eloquent language as is often heard upon the originated and executed it. When the news floor of the halls of Congress.: The listeners fr- goes to Mnichioan, of what you have:done here gotthat he was-a black man be hspoke a white to-day, a voice will go up like the sound of language such as few white men can speak. many waters, that "the Lord God Omnipotent lie trampled'the Fugitive Slave Law under his reigneth." feet, for it incarcerated his own brother and his This closing the speeches, the Vice-Presifriends and neighbors for disobeying its bloody dent; Judge CONVERSE, announced the names commands. If'-you but hate sla cry because it'of'Villiam Fuller, of Cuyahoga Co., Reuben oppresses the black man in the Southern States, Hitchcock, of Lake Co., and Philemon Bliss, of for God's salke, hate it fori its'enslavemenit of Lorain Co., as the Commissioners of the Liberty white men. Don't Say it'is confined to"- the Fund, according to the resolution. South, here it is on our neiighbors and citizens, After the close of the public exercises, the and shall we say that slavery does not affect us? Oberlin and Wellington bands went to the jail, As we love our'friends, as we love our God- and being admitted into the yard, played a given rights, as we love our homes, as we love number of inspiriting tunes for the special benourselves, as we love our God, let us this after- efit of their brethren in bonds.: A] large connoon swear eternal enmity to this law. Ex- course of people gathered upon the'sheds, haust' the law first for these men, but if this stones, anid fences near by, to see and hear the OBERLIN-WELLINGTON. RESCUE. 257 proceedings, and greeted the prisoners and the held a pleasant levee all day - ladies and genmusicians with cheers. tlemen, acquaintances and strangers, from far The number of persons present upon the and near, constantly thronging the prison. square to listen to the speakers was, at the lowest estimate, from ten thousand to twelve thou- MR. C. i. LANGSTON'S REMARKS. sand. From the speaker's stand an almost unbroken sea of heads covered the space all over GENTLEMEN, -I will not insult you. I that section of the Park from the fountain to -will not come from the dungeon of the jail of the fences. The trees, fences, windows, and Cuyahoga county to address free and honest steps of the custom-house were crowded'with citizens of Ohio. Imagine a thief a counterinterested spectators, the whole forming a con- feiter, or a murderer coming forth from yonder gregation, eqlual to several Fourth of July cele- grated cells to address honorable citizens - brations, with this exception, that here the feel- men guilty of no crime. How absurd. How ing that called the vast crowd together was a ridiculous. I am a felon, tried, convicted and deep and strong love of liberty, and not a fire- sentenced for wilful and malicious violation of cracker and firework effervescence. It was an the lairs of this country. WVe live in a peculiar earnest and working day, — a (lay to be mark- country, in a peculiar age, and now we exist ed as an epoch, — a day to inspire the attend- under very peculiar circumstances. We are ants with zeal and stern enthusiasm for God taught that this is the land of the free; yet we and the right. The calm and unflinching eye, are imprisoned for brealing the bonds of the tone, and -word of Gov. CHrAsE, the earnest fire oppressor, giving liberty to the captive, and letof Judlge SPALDIsc, the sareasm and fearless de- ting the down-trodden and the oppressed go nunciations of CAnITT IER, the humorous and open free. thrusts of TILDExX, the clarion rallyingu notes, the Shall we submit to this outrage on our rights.9 earnest expostulation and thundering anathemas [Crowd shouted no!] Are you here to-day to of GIDDINGS, and the bold, manly, energetic obey the Fugitive Slave Law? [No!] Are counsels of IITcIIncocr, ROOT, DE)LANO, YOU here to sustain the dicta of the Dred Scott B]ROWN, MrIAHAN, VANCE, and WV ADE, all these lecision? [No!] Are you here to support will not soon be forgotten by the participants the decision of the United States Court of the in the events of the Mass Convention of May Northern District of Ohio? [No in thunder 21, 1859. We have had a good meeting, one tone.] that we may be - proud of as the gatliering of The foul spirit of slavery has crushed the the clans of independent freemen, and as such rights of the States beneath its iron heel, and let us " sound its praise abroad." led the Federal Judiciary captive at its despotic will. Shall it, too, crush out the spirit of the THE MEN OF LORAIN AND THE PRISONERS. free citizens of Ohio? Will you tamely subWihen the Lorain procession, some two thou- mit to this tyranny and, despotism? Will you sand strong, marched round the public square not defend your own rights, sustain your own to the vicinity of the jail, in which their fiiends liberty and roll back this tide of judicial usurand neighbors are inhumanly incarcerated by pation which is sapping the very foundation of theGovernment pursuers under the infamous your country's liberty, so that being free and Fugitive Slave Act, the greetings were hearty untrammelled yourselves, you may assist us who and vociferous. As soon as the long procession are groaning beneath the cruel weight of giganbroke up, the jail yard was surrounded by a tic wrongs and brutal oppression? [Three dense mass of the people, and the Oberlin vie- cheers were given for Langston.] times of Federal Court persecution, kindly permitted by Sheriff WIGIITMAN to occupy the yard, shook hands over the rough fence with FELLOW-CITIZENS, - It does us good to the freemen who pressed forward to cross palms look upon your honest faces. We see in them with the moral heroes over whose heads wa-ved signs at once of determination and sympathy. the tattered stars and stripes which they had We learn from them that you are resolutely on flung from the battlements of the prison. The the side of right, and that you are disposed to scene has no parallel in the annals of the Re- feel for those who suffer for the right. public, and it will be historic. The sympathy you express indicates an apA personal greeting for all was impossible, preciation on your part of the trials to which and the cry rose for' LANGSTON." Messrs. we have been subjected. It will not be imLANGSTON, PECK, PLUMB, and FITCII were proper, therefore, for ie to say in you presuccessively called out, and briefly responded in once, that much as our inconveniences are the spirit and words of Christian men and true lightened by the generous kindness of the of' patriots. Their remarks were loudly' applaud- ficers who have charge of us, and by the comed, and made a deep impressWion. When Mr. miserating care of friends, our confinement FITCH concluded, the people quietly withdrew is irksome and painful to us. To men of active to the public square, though many sought and habits like ourselves, life in a jail cannot but be were permitted interviews with the prisoners oppressive. We miss exceedingly our usual inside the yard and jail. Indeed, the prisoners duties, pursuits, and pleasures; and it is, as 33 258 HISTORY OF THE you will readily believe, a pressing grief to be dependence of a foreign tyrannical power, separated from our homes and families. while this " irrepressible conflict" is to go on But, gentlemen, irksome and painful as our until the still greater question of personal freepresent life is, it is not so trying as was the life dom is settled, a question in which your chilwe led when we were anticipating the assault dren and your children's children have an unwhich terminated in the arrest and rescue of told interest.John Price. To know that armed villains were It is enough for me to know that you appreskulking about our village, to be at every step bend tlese points, that you know your rights, importuned for counsel by poor wretches who and, knowing, dare maintain them. Your visit lived in terror of arrest; to have our premises to this jail, gentlemen, is doubtless to extend to swarmed at night with those who clung to their us the assurance of your approbation, for which neighbors for the protection. with which they you have our thanks, but you will soon repair coutd not provide themselves, to be conscious elsewhere to hear from those who are prepared that a storm of marauding violence was soon to properly to address you, and I will not detain burst upon us and to be in suspense as to you longer. where or when, it was to fall, and whether its For one I feel grateful that I have enjoyed issue miYght not be one of blood, this was dis- the privilege of representing somewhat your tress, this was discomfbrt to which even that of opposition to unrighteous laws,. and their atlife in a jail makes but a poor comparison. tempted Cenforcement by the Federal court. And it cheers us to be, able to know that The walls of a prison, though not to be coveted, what we now su-fer is doing something towards by any mlanner of means, as an abiding place, preventing a recurrence of those disgraceful have furnished me with suitable surroundings, scenes which occurred before and at the arrest vwherewith to study over again the great prinlof John Price. We believe, and your presence ciples of human rights and their practical applihere to-day testifies to us, that the issue of our- cation to the wants of man, so that I feel to-day present griefs will be the making of man-hunt- strengthened by review to go forth better preing upon the Reserve a difficult and dangerous pared for future conflicts with the giant wrong pursuit. of our land. Let us in acknowledging your sympathy, And let me say in conclusion, that should our urge you to bear your part towards endings the noble State now. titter her sovereign voice.business of man-enslaving hereabouts. Let us through an undivided judiciary in favor of charge you to fear no bonds, and to be terrified State riglts, and the protection of the liberty by no penalties when the law forbids you to of the citizen from the persecutions of the slave give succor to the fugitive. Hellp him as he power, through a federal judiciary, I am conhas need, and if you be imprisoned, for the act, tent. the consciousness of well-doing and the earnest sympathy of loving hearts will both cheer and IR. J.. FITCH'S RE3MARIS. reward you. So have we been abundantly GENTLEMEN,- I cannot think the multitudes cheered and rewarded, and never more than in who compose this assemblage are prompted by meeting you to-day. the curiosity which they feel when visiting a menagerie, and yet I confess my feelings, while MIR. PLUMB'S REMARKS.. exhibiting myself to you, remind me of those I Mr. Plumb, after being repeatedly called for, had as I stood in the Zoological Gardens of mounted the post of the jail-yard fence and London last fall. said: — No, no, you. are actuated by nobler motives GENTLEMEN, -.1 object to: undertaking to than the gratification of curiosity. Gentlenmen, make a speech from l my present position, lest I cannot make a speech to you on such an ocby' some mishap I find myself " astride the casion. The very presence of these thousands fence," a calamity which hitllerto has never be- of earnest souls is the grandest speech that can fallen me. But I cannot forbear to say a word be uttered. You see us the inmates of a jail, to. this vast multitude of good men and true, and not ashamed. Still it is a serious thing to gathered from every part of ]Northern Ohio, shut within prison walls citizens of the free -whose presence here to-day gives assurance State of Ohio, who are incapable of a crime. It that the great heart of the people is stirred as is a serious thing when the little children to it never has been' before. Gentlemen, you are whom we have taught morals and religion in here to-day because you have an intelligent our Sabbath schools, inquire, with wondering appreciation of the important truth that the eyes, the meaning, when their teachers are shut rights of the meanest inhabitant of our great within a jail. Upon what times are we fallen,'State cannot be ruthlessly trampled under foot, when our little children must call after us, as without endangering your own. they stand weeping upon the threshold of our You are here because you clearly apprehend dwellings, and say as mine did, "Come back, the fact that a great political revolution is going Pa, as soon as you can get out of jail. I shall forward, a revolution not second in importance want to see you. And are we, then, criminals? to that of 1776, that being a conflict which re- Are we justly arraigned for' a violation of the sulted in deciding the question of' National In- laws of the land? Can that be law which con OBERLIN-WELLINGTON RESCUE. 259 travenes every principle of right, whether natu- separately from other parts of the speech, and ral or revealed? Can a few -graceless men made to imply an invitation to disregard law, who may meet at Washington, and by trickery and proceed in a form'that would be revolutionand management secure the passage of an act ary, while no such intimation ever escaped my like that, which we to-day denounce, bind it lips or pen. But my position has been, now is, upon our Consciences by calling it a law? and probably will be while I live, that when the I read the answer in the earnest faces before forms of law shall fail, and peaceful resources me. It is a great comfort to us; while enduring be exhausted, I would maintain the liberties of this imprisonment, to know that when we, who our citizens against the Fugitive act by force, and are now incarcerated, have been sufficiently I said yesterday that so far as the Democratic ground between the upper and nether millstones press represented me as entertaining that view, of Federal power, that there are hundreds:of it had done me justice. J. R. GIDDINGS. thousands more of just such in our noble State, who are ready to enter the hopper as future VISIT OF THE SABBATH SCHOOL. grists. No, Gentlemen, we have not violated law. Ours is not the status of felons; and, till Oe of the most touching of all the scenes we die, we will not admit it, in any degree, by in this exciting panorama, occurred on Saturgivin g a cent of bail. While there is anything day, July 2, when four hundred Sabbath School left of'us we shall be found resisting. WVhy, children applied at the jail to see their SuperGentlemen, my feelings lead me to remember intendent! Month after month they had looked the farmer's pugnacious animal which was so determined to push for the right, that it was wonted place for him in va - a thought necessary to fiirnish him disciplinary place from which he had not been so long abexercise for his butting propensities. As the sent for sixteen years; and now, no longer farmer assures us, this animal resolutely fought patient, they came trooping like little angels as a beech maul suspended from a limb till nothiln was left of him but the tip end of his tail; but r very wings this tip was so surcharged with the same deter- upon the prison door. A long account lies bemined resistance, that at every rebound of the fore us of the day's exercises and incidents, maul, Mr. Tail pitched into it. Even so, if which it is difficult to refrain from quoting.possible, do we feel like resisting the Fugitive entire. But amid the press of good things, we Slave Law against all odds, and while a particle of our proper selves remains. We have tram- must be content with extracts. Ve cut from pled on this infamous enactment many a:time the editorial columns of the Morning Leader:in our day, and never while God shall spare us, School C visit will we yield obedience to its wicked demands.ohr Hu ndred at Scool Clde their Superintendent in Prison. Pot-house politicians may utter the law, and proslavery Courts may try and sentence us if they' At 11 o'clock on Saturday' morning, our please, but it shall be enough for us to know that streets were enlivened by a procession of Sabthe Great Master saith ofall those who feed the bath School scholars and teachers, who came hungry, clothe the nalked, and help the poor: on the Toledo train fiom Oberlin. " Inasmuch as ye did it unto one of the least of They were led by an escort from this city, these my brethren:ye did it unto mue." who met them at the depot, when the procession was formed under the direction of Professor LETTER FROM MR. GIDDINGS CORRECTION. JOHN M. ELLIS. LELAND'S Band discoursed ANGIErn HousE, Wednesday Morning., appropriate music as the little army marched in Editor of the Leader, -In your report of grand style up through Superior street -to the my remarks yesterday, I am made to say, "If Public Square. it was not for the Supreme Court, I would ask' At the head' of the Procession was a splendid for no judicial process, but these len should be Banner, inscribed as follows:brought before you to-day." The most casual............... reader will see that this remark is in conflict............... with other portions of my speech as reported. 1833. 1859. What I did say was "I would not wait one Oberlin Sabbath School, hour for the decision of the Supreme Court, but' J. M. FITCH, Superintendent... Stand up for Jesus." would obtain process from the'nearest judicial ": Them that Honlor Me I will Honor." officer, and if I could direct its proceedings, "Feed my Lambs." would have the prisoners brought at once to the stand, and there, in the'presence of the people....................... would have them released, that all might witness Each class bore a small banner, with the the process by which citizens of Ohionare set at name of the School and of the Superintendent, liberty when imprisoned under the Fugitive act." as well as the number of the class.' -I do-not blame your reporters. I know-the The weather in the morning was hot, and difficulty they meet in reporting me; but this the dust troublesome to the earnest little folk, remark, as it stands, may hereafter be quoted but this was soon forgotten amid the enlivening 260 HISTORY OF THE scenes of the Park, and the children seemed history will assure you of the truth of what I anxious to press on to the jail, to greet once say. To which class do your Superintendent more their beloved Superintendent, whose im- and his companions belong? I will not here prisonment has for eighty days separated him say we are representatives of the good and holy. from his little flock. Let our past lives tell their own tale. But this The throng of little feet soon pressed the I will say, -our friends, — those who uphold prison floor, and the various rooms, stairways, our sentiments, -those who applaud our course, halls, and cells were filled; each anxious to and who spurn the infamous Fugitive Act under grasp the hand of' one of the men of whom which we are imprisoned, as the devil's own inJudge WILILSON impiously said that' they were strument, are among the wise, the learned, the "not good Christians." good, and the holy of earth. They are those who have despised personal ease, and worldly After lunch in the Park, they were escorted gain, and have, during their whole lives, devotby the Plymouth Sabbath School to tle Ply- ed themselves, body and soul, to the work of mouth Church, where a series of pleasant ex- doing good. I see just at my right hand our ercises were held, and the touchstone of the venerable father KEEP, a man with the weight following sentiment applied, with such a result of many years upon him. He has preached this gospel 2of Jesus for more than ffty-five as might have been anticipated:- years, and yet with a youthful spirit he mingles "OUR SUPERINTET:NDENT. We respect him with the children to-day. On what times are more, and love him better to-day than ever we fallen when such men are considered felbefore!, ons, — fit tenants of a jail; but their persecutors, who, perhaps, have defrauded the halter The Oberlin School returned to the yard in of its due, go free as if they were the good! front of the jail about 5, P. Ha., to listen to what Yet thus has it always been. The motto on the Superintendent and others of the prisoners this beautiful banner, which the excellent Mayhad to say, and bid them. " Good-by." or of our town is holding by my side, is the Prof. ELLIS called for Mr. FITCH, who came text for us all. " Stand up for Jesus." These forward and addressed the children as fol- words of the dying Tyng, are the words for us lows:: to-day. So will we do while life shall last. MY DEAR CHILDREN,-I am exceedingly We are compelled to endure painful imprisglad to see you, and I am greatly gratified to onment, but we have done no wrong. We apobserve the pains you have taken to visit your peal to God above and all the holy, that to feed Superintendent in a body. These beautiful the hungry, to clothe the naked, and to securely banners, and all these other evidences of your hide and safely convey away a poor and helpinterest gratify me much. I mean, they make less brother, who is panting in his haste to esme glad, that is the better word. I cannot suit- cape'from the hands of robbers, is to do right, ably express the happiness I feel on seeing you and only right. all once more. May God bless the precious * * * children! Before I close, I wish to read a sweet hyrmn - *.* X* * from this little volume, which must, I think, For sixteen years I have endeavored to be have come down from heaven. I do not mean faithful in instructing you in morals and relil- that it came down all bound in this way, but it ion, and I have often especially warned you to was sent to Prof. PECK, from whom I know not, be careful in your habits, and to avoid the great and its sentiments I am sure came down from disgrace of being sent to jail. Hitherto scarcely heaven. a member of our dear school has ever disgrace "God de ll his cretures free: us in such a way. But what do I now see! Life itself is Liberty; WVhat great evil has overtaken you! What God ordained no eother bands great crime have you now committed! Here I Than united hearts and hands. behold you all in jail How shall I account Sil the primal charter broke; for it? I remember my legal friend, one of our Sin, itself earth's heaviest yoke; prisoners, says some people are brought to jail Tyranny with sin began, by the Marshal's warrant, and others ban an at- Man o'er brute and man o'er man. taclbment. Surely, this is the explanation. An "But a better day shall be, " attachment" must have brought you here, for Life again be Liberty, such precious children as those who now crowd And the wide world's only bands Love-knit hearts and love-knit hands. ar ound me,, in this jail-yard, are incapable of a Love-liit hearts and love-knit hands. crilmle, l aSo shall envy, slavery cease, You must have noticed, my children, that All God's children dwell in peace, two classes of people have in all ages been made And the new-born e ith recor Love, Iad love alone, is Lord." the inmates of prisons. Wicked people, who harm the world, alid the good and holy, who I close by uttering the sentiment which I are so-far in advance of- their age that the wick- have so often expressed in your hearing, and ed world misunderstands them. The Bible and which I have earnestly endeavored Ito impress OBERLIN-WELLINGTON RESCUE. 261 upon your minds, to wit: DO RIGHT! ALWAYS born died in my arms. VVell, a sorrowful DO RIGHT! Nothing shall by any means harm group, we gathered ourselves that evenina for you if ye be doers of THAT WHICH IS our usual worship. It was myprivilege to conRIGHT. duct the exercises. I opened the Bible, as I at At the close of Mr. F.'s remarks, a beautiful first thought accidentally, but as I soon knew and appropriate hymn -was sung by Profi providentially, at the sweet Psalm which begins, ELLIS, Mr. VETTER, Miss CHURCH, and Miss "Fret not thyself because of evil doers." As COWLES, each stanza ending with an exhorta- I read that first verse, it seemed as if the words tion to " Do Right." were written- purposely for us. I paused an Prof. PECK was called out and spoke as fol- instant, and every syllable of the sentence went lows: - like a plummet to the bottom of our hearts. MA YOUNG FRIENDS, I have often seen Then I read another verse, and that seemed you since we came here. At night-fall, as I better than the first. It was received with have walked upon the house-top to enjoy the breathless silence from all. And as I read on, glories and beauties of sunset, it has occurred " Commit thy way unto the Lord, trust also in to me that those I love were- enjoying the same Him and He shall bring it to pass;" and " For glowing scene. The thought has tempted me yet a little while and the wicked shall not be;" to "go home." And I have done so. I have and "The steps of a good man are ordered clambered up by one golden beam and let my- by-the Lord, and I-le delighteth in his way;" self down by another, and so I have stood -" Though he fall he shall not be utterly cast among scenes and friends dear to my heart. I down;" it seemed as if the whole Psalm had have seen you and your parents, and the loved been written for our special use at that particuplaces in which I have been accustomed to as- lar time. sociate with you and other friends. But it has And on several occasions, we have been been only in my spirit that I have thus made a struck with a like appropriateness in Bible' narjourney and seen you. I have not been able ratives or truths to our cases. So, my young to talk with you. Now I look upon you in friends, I can commend the Bible to you as very person, and am permitted to speak to being a book eminently good for those who are you. in difficult places while doing right. And you And how shall I speak to you? I am at a know you may before long come into Strait loss to know, But I may interest you some- places while doing the will of God. Who what if I tell you I have learned since'I came knows but you may be cast into prison for here, what I never very much thought of be- obeying the law of Christ? I think some of fore, that many parts of the Bible - the blessed you will be if our Government goes on in its book which you study from Sabbath to Sab- present way of endeavoring to crush those who bath - were written ini prisons, and that all of help the bondman to the liberty to which he is it is grandly good reacdin for those who are entitled. cast into prison fobr doing right. Be ready for such an event. MIake ready Has it ever occurred to you that Isaiah, for it by acting as did the Irish boy, who fearwhose style is so glowing, wrote many of his ing that the Catholic priest would take his rophecies, and Daniel many of his, in prison? Bible from him, fell to committing it to memory, Have you ever reflected that Paul wrote some so that when the priest did seize and burn the of his most useful epistles while bolts and bars book, he was able to say, " There is one thingl shut him from the world, and that John was a tyou can't burn, and that's. them ten chapters prisoner when he penned the Apocalypse? I'ye got laid up in my heart." ]t will interest you, I am sure, to take your Do you lay up the word of God in your Bibles and note hlow many passages were writ- hearts, and in whatever strait you may be, ten in prison. even if you are cast into prison for obeying the And I can assure you, my young fiiends, law of God, you will enjoy constant comfort that whether much or little of the Bible was and peace. written in prison, it is all gfood for men who are After a beautiful address from1 Mr. PLUMB to be the fact since we came here. I bwish I cotl adequately set before yo one procession formed and marched to the depot on wish I could aequshately set before you one their homeward way, which we trust they purinstance of it which'I shall never forget. It sued without accident. What a scene! was the evening of the, day on which we received the intelligence that the Supreme Court TIlE FINALE had decided against us in'our " habeas corpus" case, of which all of you know. WTe had for Slowly the weeks trode by, till the close of days and weeks looked forward to this decision the month of June. The imprisoned Rescuers with most agonizing expectation. At length had quietly settled themselves each in his cell, the telegraph informed us that we were de-' Jiated. Oh! what anguish came upon us then. hav bored," now to "wait" for the For my own part, I suffered more on that hour of honorable release. Systematic appeals dreadful night than I did when my dear first- had been made to the public in behalf' of, their 262:HISTORY OF THE wives and little ones, and prompt and heart- regret that we could not procure italics. Many cheering responses had begun to come back. were needed. We must ask our readers to Every hope of speedy release having failed, supply the emphasis according to taste. each sent for the implements of his accustomed From the advertising columns, these: labor, and the prison became a workshop. One PRINTERS AND BOOIKSE.LERS! made shoes, another harness, another cabinetware, two set type, two edited, and others read ITCH & BUSIINELL Latin, Greek, and Metaphysics, that they might Are not in partnership and never were; but as not fall behind class mates in college. A copy they agree so perfectly as to what should be done with fugitives and fugitive slave laws, they of " The Rescuer," dated July 4th, 1859, lies ardon suewth ey can still do business together. now before us. Collectors for antiquarian libra.- They were lately removed by Marshal Johnson, ries seldom exhume choicer morceaux. The from Oberlin, O., where they had been long first page announces that: — engaged in the above business, and have established themselves in the fiont hall of Cleveland " THIS RIESCU1eR will be published at thle Jail, where the "Rescuer" is published every Cuyahoga County Jail, every alternate Mon- alternate week. Havinga been successful in seday, by the Political Prisoners there confined. curing a large share of government attention, we Five thousand copies of the first number will expect, presently, to be able to do a good deal of GOVEnmXENT PRINTING, for Which we have no be issued. Price 3 cents per copy." GOVERNMENT PRINTINGh doubt we shall get our pay. Indeed, one of us From the editorial columns we clip the has already been paid in advance. following: - In our jail Bookstore will be found valuable works. Constantly on hand, as soon as pubTHE RESCUER-HOW IT WAS PRINTED. lished, a Narrative of the Oberlin Rescue Trials, -After the " political prisoners" had remained 250 pp., full of curiosities. in jail for seventy-five days, they began to find At their branch establishment in Oberlin, themselves possessed of' thoughts that breathed they still keep a choice assortment of Antiand words that burned." WA!e not only wished Slavery Literature, which they specially recomto utter them, but we wished to print them. mend to " Union Savers" as worthy their noCould the thing be done?.We looked arouncl ice. Bibles and Testaments will be sold to for printers, and found among the "prisoners" Administration Democrats strictly at cost; and two rusty and dilapidated "typos" one of to Lower Law men generally at very lowrates. whom had not handled a "stick" for fifteen Hoping to check the progress of barbarism as years. Would the Sheriff allow us a corner well as of slave-catchers, they have filled their of the jail for a printing-office? We asked shelves with many good( books, which are real him. Generous as ever, he replied " Cer- " Helpers." Hallam's Middle Ages is highly tainly, and I'll help you too, if I can." "O recommended as a valuable aid in settling the -where shall TYPE be found? " we next inquired. dispute as to whether Democratic America has The generous purchasers of our old printing- yet adyvanced in civilization, beyond the Medieoffice responded by lending us a font of Small val Period. The attention of United States Pica, and the liberal Publisher of the Cleve- Judoes, District-Attorneys, and others, is especlancl Daily Leader added more, with other ially called to a neat little Manual which they things. For a "plane" we used a carpen- offer, containing the Constitution of the United ter's with the irons knocked out. A po- States, Declaration of Independence, Acts of liceman's club answered for a "mallet," in Congress on Slavery, including the Fugitive "takincg proof," and for other purposes, we Slave Act, and arguments showing the Consticould select a pounding instrument from a large tution to be unconstitutional, and that negroes pile of shackles which lay at our feet. A fel- are "persons" now and "things" then, just as low-prisoner supplied us with " side-sticks," shall suit. "quoins" and "reglet," made from a white- Their motto is, wood board. Another prisoner sawed up a fence board to make a "rack." (Quite like a But once resolvedl with earnest zeal pursue." "felon" that, but we must settle it with the Commissioners.) For a " shooting-stick " not the dangerous kind which we have understood "rescuers " sometimes use, but a simpler UPHOLSTERERS AND MATTRESS -MIAKERS. instrument - we hewed out a piece of stave, Henry Evans- Brother (late of Oberlin, 0.), and the door-stone answered for a "table." have removed to the shed one door west of J. Thus furnished, and with the ample space of Scott's Saddle and Harness-shop. All persons just five feet by ten for a printing-office we who would secure a visit from proceed to establish the "'Rescuer." If we labor under difficulties, it is but appropriate, for "Tired Nature's sweet restorer, balmy sleep," "rescuers" always do. We forgot to express willplease call and examine their work. OBERLIN-WELLINGTON RESCUE. 263 You can, rest on their beds, if you can rest altogether at large, is a query which may possianywhere. Government officials need not ap- bly suggest itself to the fastidious, but which ply. we will not detain the reader to consider. This writ was served upon Sheriff Burr, alHOG-SKIN SADDLE AND HTARNESS-MAKING. though the persons named in it were not in his Jo7in H. Scott, late of Oberlin,, has opened a custody. HeI returned it indorsed according shop under the shed in the Jail Yard, in front of Wightman's Castle, Cleveland., Mr. Scott to fact, and thereturn was accepted. assures the public that hereafter he shall use Whlile this farce was being enacted, the Keihides of his own tanning, and will warrant his tuckians and their accomplices, frightened to work to be thoroughly done. the last degree at so near a prospeet of justice, N. B. Dog collars of all sizes made to order: were actively engaged by. their counsel, ion. iR. Ii.' Stanton, of Kentucky, in'getting the BOOT AND SHOE SHOP. U. S. Government to propose terms of capitulaJames Bartlett, late of Royce's extensive Man- tion of some sort, whereby they might parry, if ufactory, Oberlin, Ohio, has opened a shop in not avert, the impending blow. cell No..3, up stairs, Cuyahoga County Jail, They complained of Belden; said he had bewhere he will be happy to meet his patrons. Mr. B. feels confident that he can be of greattrayed them, had induced them to give themservice to those who, from constant gyrations in selves up by promising habeas corpus relief; the dirt, have damaged their soles. and, now that it had failed, there was nothing Lower Law Ministers, Hunkers, and Cat-Foboted but the penitentiary in prospect. Politicians of all parties are particularly invited to 1 call.. ~~~Belden was inexorable. HIe had sworn to to call. P. S. Hides taken in exchange for work. put Oberlin' "through," and, was purposed to Dark copper-color greatly preferred. do it,Icost what it might. It is said that Mr. Stanton then told him that he must make terms For data which enable us to furnish' a com- with the Lorain offcers, or, when he wanted his plete account of the sudden interruption of Kentucky witnesses, the subpcenas would infalthese new business enterprises, we are in- libly be returned "non est inventus.'" The fox debted to the special kindness of Hon. Ralph was fast in his own trap, and there was no a1Plunmb. ternative but to " show the linen." With the Marshal Johnson and District-Attorney Bel- best grace possible, therefore, terms were soon den had been to Washington for counsel, and proposed to Hon. ID. K. Cartter, associate Counreturning, had declared that a Court term of sel for the Lorain prosecution, which were as ninety days continuance was to be commenced follows: — The United States were to enter on the twelfth of July, and that all necessary nolle pi'osequi in all of the Rescue cases at funds would be, at their command,- that the once; and upon this condition the suits against Oberlinites were every one to be tried, found: Jennings, Mitchell, Lowe,;and Davis at Elyria, guilty, and sentenced to the-end of, the law. were to be dismissed. On due consideration, 1Meantime, the Kentuckians, Jennings, Mitch- the Lorain authorities- generously acceded, to ell, Cochran, and Bacon, arrived, and the admin- these terms, and so' ended "The First Siege of istration press boasted largely that the chivalry Oberlin." were " on hand, and ready to face the music like These arrangements were concluded on the men." This was some ten days before the trials 6th of July, and Sheriff WVigghtman was forthwere to commence at Elyria.. with ordered to discharge his prisoners. But it soon transpired that Judge McLean RESOLE THE RESCUERIS RESOLVES. had issued a writ of hacbeas corpus in behalf of At a full meeting of the " Oberlin Rescue Jennins, Mitchell, Loe, and Davis, wh Company," held in Cuyaboga County Jail imMarslhal Johnson had! in his pocket and pro- mediately after their discharge from custody, it.posed to serve upon the. Sheriff of Lorain was unanimously county, so soon as their bail should technically sur- tResolhed, That as we take leave of the prison render the defendants into custody. How thes'e in which we have been confined for the last three months, we cannot refuse to ourselves the gentlemen could make the necessary oath to en- piilee of rin lic exression of our gra nrivilege of giving public expression of our grattitle them to this writ, alleging that they were ltude to God, who has been, our constant keep"illegally restrained of their liberty," etc., while er, and who, as we have passed through sore 264 HISTORY OF THE difficulties and trials, has well fulfilled the prom- presenting to them a small remembrancer, ill ise, " as thy day so shall thy strength be." token of the high regard in which they held We also return thanks to Sheriff WVIGHTMAN, them, and in acknowledgment of the valuable and Jailor SrmTI and family, whose kindness has services they had rendered them during their greatly mitigated our troubles; arid to the At- imprisonment. To their counsel for legal aid, torneys who have nobly defended. our cause; and to the others for services scarcely less valuto the friends, far and near, who by prayer and able. And he wished to request the ladies to act have remembered us, and to that portion of place the gift before their husbands, at meals, the Press which has given us constant and val- three times a day while they lived, that they uable aid.. might at such times, when surrounded by their.Resolved, That after all the pains and penal- families and those dear to them, when noble and ties inflicted upon us by. Government Offi- generous feelings were sure to come, look upon cials in the attempt to enforce the Fugitive the memento, and remember the exciting Slave Act, we feel it to be our duty to say, scenes through which they had just passed; - that our hatred and opposition to that unjust and that although they were intended for their and unconstitutional law are more intense than husbands, like all other dear things they would ever before. be in the keeping of the Ladies. xNo fine or imprisonment however enforced Judge SPALDING then replied in behalf of by' whatever Court, can -induce us to yield it the Ladies and their husbands, in a few eloobedience.'We will hereafter, as we have quent and appropriate remarks. heretofore, help the' panting fugitive to escape He said, that it was certainly very cheering to from'those who would enslave hil, whatever them to know that they had been of service to may be.the authority under which they may the prisoners- that.they had done what they act. had, without any expectation or desire of re, Resolved, That, in our opinion, when. duties inuneration - but fobr the cause in which the enjoined by the Word of God and illustrated Rescuers had sufferedl-that when first spoken in the example of Christ are punished in our to about defending them, he had said he neither country as crimes; it becomes all loyal citizens asked nor.would take pay for services in the to ask themselves whether they have not lost the case. substance of' their liberties, and whether they Judge S. said the memento so kindly preshould not use instant and earnest endeavors to sented would be highly prized, and left as a recover the rights which taey have lost. legacy to their children. Iie hoped that if ever Resolved, That, for the sake of Liberty, Jus- they got into jail again it would be for no other tice, and Right, we rejoice that the recent decis- cause than delivering the oppressed firom the ion of our Supreme Court, affirming the consti- oppressor. tutionality of the Fugitive Slave Act, has al- Prof. PECK remarked that a portion of the ready met with emphatic public rebuke, and first hour in jail had been spent in imploring that we exhort the people of Ohio to protest the blessing of God, and it would be consonant against that decision until, by a reversal of it, with their feelings to spend the last moments in the lost dignity and sovereignty of our noble thanksgiving to the Protector and Preserver of Commonwealth shall be restored to her. themselves and families, and the Good Deliverer Resolved, That we furnish a copy of the Who had been their hope and support during above resolutions to the Daily Morning Leader the many days and nights of their confinement. for publication. J. I. FITCH, Chairman. A fervent prayer by Prof: P. closed the affectS. M. BUSHNXELL, Secretary. ing scene, one long to be remembered. CUYAHeOGA Co. JAIL,' }From the Morning Leader, of July 7th, we Cleveland, O., July 6, 1859. clip the following:THE RELEASE OF THE O)BERLIN RESCUE CLOSING SCENE AT THE JAIL. COMPANY. Considerable excitement was creJust as the Rescuers were leaving for their ated in this city upon the announcement being homes, they stepped into the parlor of the jail, made in the Leader, that a proposition had where were present their Attorneys, Messrs. R. been made by the Ketitucky kidnappers to have P. SPALDING, A. G. RIDDLE, F.. T. BACKUS, nmutual nolles entered in their own case and the S. O. GRISWOLD, Sheriff D. L. WIGHTa AN, case of the Oberlin Rescuers. The consequence Jailor J. B. SMITH, and H. R. SMITIr, Esq., who was the most intense anxiety among men, both had rendered the Rescuers repeated services,' Black Republicans and Yellow Democrats, to with their wives, and numerous friends, when learn the upshot of the whole matter. The Mr. PLUIB, in behalf of the Prisoners, presented negotiations between Judge Belden and the the Ladies for their husbands, each a beautiful Kidnappers on one side, and the authorities of Silver Napkin Ring, Fork and Spoon, engraved Lorain on the other (the Oberlinites refiusing with the initials of their husbands, and " From to be parties), were consummated yesterday in Rescuers; nMatthiew 25: 836." the forenoon, when Marshal Johnson called at Mir. PLUMB, in a brief and happy 8 Win, said, the jail and announced to the Rescue prisoners that the prisoners though poor were desirous of that they were free. OBERLIN-WELLINGTON RESCUE. 265 The news spread rapidly that the Govern- cannon, the peals of martial music, and the ment officials had caved. Hundreds immedi- echoing shouts which came from a mllultitude ately called on the company, to tender their of earnest friends of freedom. You heard congratulations at this signal triumph of the Judge Brayton's eloquent speech in congratur " Hilgher Lawites," as' the Plain' Dealer is lation of the "prisoners," their friends and the pleased to call them. In the afternoon, about nation; and then "you missed it" that you 5 o'clock, a hundred guns were fired, and some turned again to your labor anrd your sanctum. several hundred of our citizens gathered at the If you ever get an adequate idea of the glojail to escort the Rescuers to the depot. AO rious reception which awaited these humble half past five, the whole company, headed by and persecuted, but now famous, friends of Hecker's Band, marched two and two to the freedom on their arrival at Oberlin - desdepot, through Superior and VWater streets, the plsed, persecuted Oberlin - you' will regret to Band playing "hail Columbia," "' Hail to the your dying day that you had not " been there Chief," "Yankee Doodle," etc. On' arriving to see." at the depot, three stentorian cheers were given' The wives of Peck, Plumb, Fitch, and AVatwith a good-w.ill for the lRescuers, when Judge son, met the company at Grafton, and here Brayton, of Newburgh, was called upon for a arose the first shout that wLs, in twenty minspeech, which he gave in his vivid and eloquent utes more, to be taken up and borne along as style. After this, the company bid farewell to "the sound of many waters and the roar of their friends, and. took their seats in the cars, mighty thunderings." If the conquerors of the andc the train started, amidst the hurrahs of the old world have, at any time, had a more people, the Band playing that peculiarly appro- numerous reception, not one of them ever had priate air for the occasion, "IHome, Sweet a reception half so hearty as greeted these;Home." Thus has ended the great Oberlin "saifits and sub-saints" on their arrival at Rescue Case. It was the unanimous opinion their beloved Oberlin. The entire town was of the public in general, and of the Plaint out to greet them. A sea of heads could be..ealer in particular, that it was a triumph, not seen extending for a long distance on both a mere triumph, but a decided triumph, for the sides of the track. Youth and beauty vied PLescuers. The prosecutor, kidnappers, Judge, with men of venerable age in their endeavors to " eminent counsel from Kentucky," and the catch a glimpse of these but recently conYellow Democracy and all, displayed an im- temptible, these reviled and abused men; and mense white feather. when they alighted from the cars, the heavens The people of Oberlin were making prepa- rang again with the united and prolonged rations to receive the Rescuers yesterday af- huzzas of nearly three thousand persons, who, ternoon. TTWe doubt not that the returned though styled "fanatics," were not a whit husbands, fathers, brothers, and sons will have behindl the brightest ornaments of our country, received such a welcome as the warm-heartedl in intelligence, purity, patriotism, and every people of Oberlin know how to give. excellence of which a nation should be proud. Joy beamed in every eye. E xultation marked The following, account of the reception at every movement, and enthusiasm burst from Oberlin, was prepared and furnished to the every lip. But one discordant element, and Leader bUy Mr. J. M. Fitch, whose name by this that a ery ittle one, ould be detctel in that'X~~ X vast throng. E. F. lunson, the Oberlin Posttime is in the hneart of the reader. It was no master - the mman whose head was but recently sooner published than by its author placed at as good as off, and -who stuck it on again by the writer's disposal. If passages in it seem the dirty work which he was able to do for the warm, the critic has only to imagine himself in overnment any disturbed the quiet of our peaceful tow n,the author's place. After eighty-five days' im- E. F. Munson stood motionless, grni, dark and prisonment, to be thus welcomed IHOMfE might dreary, like a bald eaole on a rock, or a stork not impossibly aff'ect the blood of more phleg- on a seashore. "Poor tool," said I, "let 11im matic temperaments.; - 0 cat the fruit of his own doings, and beJiilled with his own devices." The eloquent Prof. Monroe was called out, THE OBERLIN RESCUi;ERS AT HOaME. and from the platform pronounced the following ENTHUSIASTIC RECEPTION. th'rilling speech in welcome of the prisoners:SPEECHES AND SPIRIT OF THE JOYOUSS. OCCASION. OBERLIN NOT " SUBDUED." IMY FRIENDS,-In behalf of this vast assembly, I am requested to express, in a word, OBERLIN, July 7, 1859. the unqualified satisfaction, the heartfelt joy EDITOR L;ADER, - YOU left the "Polit- which we feel, on welcoming you once more ical Prisoners" at the Depot, and gave them to the bosom of this community and to your your hearty congratulation as they pursued homes. From that sad day when you left us their way "home again," amid the roar of to the present time, we have never, for a 34 266 HISTORY OF THE moment, ceased longing for the sight of your sake, have now returned to our bosoms. On faces among us, whenever you could return their countenances we, indeed, trace indications consistently with duty; and to-night we are of a severe mental conflict; but, likewise, the glad, from the very bottom of our hearts, that divine favor in their personal vigor and health, that time has come. WVe rejoice, not only - and in the flash of' their eye, the spirit and because you have come back to us, but also purpose of men whom, in such a; warfare, tybecause you have come without the shadow of rants cannot subdue. In your behalf I tender a stain upon that strict integrity which it is the them a cordial and joyous welcome, and in your duty and the privilege of a Christian anti- -name I assure them that they are now especially slavery man to cherish. You have made no endeared to us all. compromises with slavery. There has been no But, beloved sufferers, this welcome is not bowing down of the body, no bending of the intended to cover the fact that you have come knee. Erect, as God made you, you went to us "jail-birds." You must ever bear this apinto prison; erect, as God.made you, you have pellation. It, however, comforts us, and it must come out of prison. yWe come, then, once cheer you to know that, you have earned the more, to Oberlin. In behalf of this assembly, title after the example of the. Prophets and in behalf of Oberlin, in behalf of Lorain county, Apostles, having been imprisoned for the act welcome! thrice welcome! friends of Liberty! of witnessing for the truth as it is in Jesus. The procession then formed, with Father In your persons, at this joyous interview, we Keep and Father Gillett (Matthew Johnson thus publicly, acknowledge the gift of God in will remember him) in advance, and the vast answer to prayer. In all your confinement, throng, with banners flying, moved to the stir- our sympathies for you have been a deep flowring music of the Oberlin Band, towards the ing current. We have felt called of God to great church. As the " prisoners" marched up the special mission of prayer in your behalf. the path towards the noble edifice, the fire com- In the daily reports of your persistency in the panles, dressed in uniform, opened to right and " Right," we have received the rich, sustaining left, and with heads uncovered, received the answer to our prayer. TWe have been also "Rescuers " with a right hearty greeting. The strengthened and comforted, to know that this vast building was in a moment crowded to its sympathy is next to universal in the country. utmost capacity. Scarcely less than three thou- The press has given it. voice. Its breath, to sand persons were crowded withinitswalls. Here you in prison, to us in our watchings, has diswas such a scene for a painter as I cannot now coursed music along the telegraph wires. describe. Two thousand in this great audience We have felt honored that you have so faithwere men and women in the freshness, the fully represented the moral sentiment of this beauty, and the vigor of youth. It was a grand community, and of our fondly cherished Coland cheering sight. As the prisoners walked lege. Your firmness in this crisis, has sharply up the aisle, each was presented by some fair admonished us for our sluggishness in the preshand with a beautiful wreath, and bouquets and ent conflict for Liberty, and what is more, for flowers danced and sparkled in all directions. our lack of moral courage; and still more, the The pulpit was elegantly decorated, and all the obtuseness of moral sense in men who courn" Rescuers," with many of their friends, were selled compromise. seated on the rostrum. The venerable Father In your imprisonment you have nobly repreGillett, the kind-hearted but firm and manly sented a great principle. The Divine Law suSheriff Wightman, and the genial and- gener- preme, everywhere; human enactments suborous H. R. Smith, our constant friend, were dinate. Thus you have stood before the counamong those who occupied the stand. The try the intelligent, sagacious, unflinching friends great organ opened with the most enlivening of human freedom. strains, and a glorious choir of one hundred and Your testimony will live, a permanent record twenty-five choice singers poured forth a flood in history, i a memorial to preserve your names of song which rolled over the vast congregation to the undying recognition of an: approving and away through the town its waves of heav- posterity. enly melody. We thank you for your wisdom and firmness The venerable Father Keep (may he live in the rejection of all compromise between forever) tookl the chair at precisely eight right and wrong. In this whole movement,'o'clock. your instructive and impressive example is beFather Keep opened the exercises by an im- fore the country as a model for Church and for pressive prayer to that God who will " cause State. God has given you the. spirit and the the wrath of man to praise him," and then ad- courage for the crisis. Your reward is before dressed the meeting in the following impressive you, and sure. words: — Let Politicians, Statesmen, aind Christians, but follow this example, and our own Ohio shall be free, - personal rights will be held as CLristian Friends and Fellow-Citizens: - sacred, and be sustained. Ou? country shall be I devoutly congratulate you that our breth- free ren, heroic men, persecuted for righteousness' The Ion. Ralph Plumb was next called out. OBERLIN-WELLINGTON RESCUE. 267 EIe came forward amid immense and prolonged the Gth inst., to try them, and a Lorain county cheering, and said:-.jury was all in readiness to send themi to pugatory or the penitentiary, without any regard - HON.. RALPH PLUMB'S SPEECIH. to Constitutions, Courts, or the laws of the VWhat'a scene here greets the eye! This vast land. multitude, -the whole population almost, of An effort was made to get them out of the this usually quiet village, filling every niche of hands of the Oberlinites by a writ of 7abeas this vast edifice with joyous countenances and corpusissued by Judge McLean,.but the sheriff glad hearts, are before us; and for what do they of Lorain hid himself for several days, and the come? Probate. Judge ran away, to prevent the bail They come to welcome us their neighbors, - from surrendering the prisoners up, so that the their husbands, fathers, and brothers, back to. writ could take effect, and in this way nullified this community, - to our dear families and our the law and set at defiance that " Great Writ sweet homes! They come, too, to learn not! of Ribht" which these same Oberlinites have only that we, their representatives have been resorted to, and have had the full benefit of, on released from the prison-wvalls that for eighty- two occasions, since lthese arrests have been five days have confined us, but to learn also made. whether this enlargement, so valuable to us and- Finding no law in Lorain but -the I-igher to them, has been purchased at the cost of one Law, and seeing the determination of the Sheriota of'principle, or one grain of self-respect. iff, Judge, and Jury to send them to the peniFellow-citizens, it gives me great pleasure to tentiary any way, for no crime under any huassure you that the band of Rescuers whom you man law, but on a charge trumped up on purgreet stand before you to-night, with your-' pose to drive them out of'the country, and havselves breathing the free air once more of free nlug been kept away from their families most of Oberlin, withouthavTing in the least degree com- the summer, and away from their business, at promised themselves or you. great pecuniary expense to themselves, for the Nay, permit me to go farther and say, that Government fees forwitnesses do not pay board the officers of Lorain county, to whom the gov- bills, they proposed to exchange nolles, and ernment pursuers proposed the entering of the District-Attorney consented to it. So the nolles in the cases, have throughout mtaintainled'Government has been beaten at last with law, the honor and the dignity of Lorain, so that' we justice, and ifact;s all on its side, and Oberlin and they stand before you without having yielcd-: with its rebellious Higher Law creed is triulaed dishonorably to any exaction of those who phant. sought to humble us, and destroy the principle The precedent is a bad one. All these facso clearly apprehended by your intellects, ancld tionists have; to do in future, whenever any'so warmly cherished in your hearts. But'lI do of their number is arrested for the violation of not propose to make a speech to you now; but our statute law, is to pay no regard to the writs to give the key-note to your rejoicings by dem- of the lower law courts; but threaten the wit-'onstrating what I have already'stated, and for nesses with the terror of their own inquisition, that purpose ask your permission to read what' and enforce the penalties of the higher law. will le received by you all as sufficient proof, This is Mormonislmn, with Prof. Peek acting the in the editorial of the Cleveland Daily Plain part of Brioham Young, and it will have to be Dealer of this evening,- which is as follows:- put down, as Mormonismn has been, by the strong arm of military power. From the Plain Dealer, Julr 6.; There will.now be some unearthly shoutings OBERLIN CASES NOLLED -HIGHER LAW bythesetriumphant mylrmidoas of Mormonism. OBERI CAEB-TRIUMPHANT.;A Oberlin will blaze. in her hew won glory, and -RII\PIT ~ Te Deuns will be sung in all her churches. WVe learn with astonishment that the United There will be a great accession to heri calendar States District-Attorney has nolled the indict- of saints. Those immortal men, who, arled ments against the Oberlin Rescuers now in jail, with muskets,, mobbed the Unitecl States offion condition that the Oberlinites will nolle the cials, while in the discharge of their sworn duindictments against the- Kentucky witnesses ties, will now be canonized, instead of cannonwho were under arrest on a trumped up charge adecd, and Saint Peck will be listed with Saint of kidnapping. This arrangement, we under- Peter, and as worthy to hold the keys of Parastand, has been made at the solicitation of the dise. four Kentucky gentlemen, who, while under re- Mr. Plumb said in conclusion - cognizance of ithe United' States Court to ap- Fellow-citizens, It is meet that your repear here and testify in these Rescue cases, joicings should be without restraint for the were indicted by an Oberlin Lorain jury, and victory has been complete. [Prolonged cheerarrested while in the discharge of their duties, ing.] on a false charge of kidnapping. They were Prof. H. E. Peck next came forward, and thrust into the Lorain county. jail, but were was received with such a hearty greeting, with subsequently released on bail.. A special term such enthusiastic and prolonged cheering, as we of the Lorain County Court was to be held on never before witlessed and never, expect to 268 -HISTORY OF THE hear again. The Professor, after long waiting py close, it' has been thle lot of myself and my for the resounding waves and the mihlty thun- associates to be called upon to make in behalf derings to die away, addressed the audience in of the cause of God and humanity, frequent the following eloquent speech;- and practical surrenders of things dear to us. And in every case the thing surrendered has PROF. H.. E. PECK'S SPEECH. been more than restored to us. We have ofAn event like this is surely a marked occa- fered health and even life upon the altar of dusion in one's life. It constitutes for him a stand- ty. The sacrifice has been restored to us in point from which his mental vision can take': a the consciousness we have had that our lives wide reach, both backward and forward. Since were being used to good purpose, and that in I came into this house my mind has reviewed, the privilege of looking iniquity "framed into in their order, various salient points of my life. lawv" in the face without quailing or faltering, My part in childhood at the bedside of my dy- we were being amply paid for our self-sacrifice. ing mother; the consecration of myself in the We have surrendered home with its daily combeginning of manhood, to the service of God; forts and constantly renewing endearments. my marriage; my reception of my first-born; But home and: kindred, wives andl children, my parting with the dear child as it died in nmy have never before been so dear, and have ~arms; the act of devotion; when with mlly wife never before so stirred our best affections and and children at my side, I thanked God that kindled our tenderest delights as while we were John had been rescued; my arrest; my impris- making the sacrifice of them. WVe have given onment; the encounter I'had with disappoint- up our usual associations, have separated ourment when the Supreme Court refused our ap- selves from you whom we love so well. And plication for discharge, and my deeper and wo- yet we have found, in our isolation, closer affinful grief when our second plea at the bar of the iies, warmer spiritual fellowship than we ever Supreme Court failed - all these momentous knew before. Never before, dear friends, have events have passed in solemn procession before you been so near and precious to us as you nle. And having reviewed them, I find myself have been while we were consenting to being taking part in this wondrous scene. separated from you. It seems to me, my friends, as if in naming So, in all respects, the words of our Lord to you tlhe events I have set before you, I had which I have recited have proved to be true. suggested in outline, the history of my whole Let me and. my associates, let this great mul-,life; and as if that history naturally divided it- titude, let our:hundreds of' young people reself into two parts, one reaching down to the member always, that he who is willing to lose hour when I thanked God that Jolln was free, his life for the truth's or Christ's sake shall surely and the other coming to this glad moment. find it. Let no fear of consequences ever perAnd it fhrther seems to me as if'in these two suade any of us to draw back from any coaseparts of mlly life I had realized the truth of the cration which a good cause may require. doctrine of' the philosophers that man has two Before I takie my seat let me add, in such clisconsciousnesses - his'own proper one and a -cursive method as I may choose to follow, one,special one - and that he may leave the one or two statements respecting our circumstances:for a time to dwell in the other, and then return while in prison. to his original one, his state while in the abnor- First, let nle certify to you that we have enmal condition seeming to him when he has joycd the comforts. of religion. The spirit of come out of it only -blankness and chaos. God has been with us in our seasons of private Since last September I have been, in a sort, inl devotion and social worship. The Word of God a state of special consciousness, so new has may has been both open and illuminated for us, and experience been; but now,'as'I stand in this its rich promises have cheered us abundantly. familiar place and look uponl this sea of familiar When tempting' enemies have crowded about ~faces, and read in their kindling eyes the sym- us, the Sayviour who preceded us at the bar of pathy with which every heart is aglow., my nor- unrighteous judgment, has presented himself' to mral consciousness seems to be restored. The assure us tlhat He who was for us was more than will, intelligence, and above all, the affections'they who were against us, and in every dark which I once exercised again put themselves in hour the assurance that Jehovah reigns has made motion. X'our hearts rejoice. I owe my renewed life to the generous greet- In the next place,: let me gratefully acknowling which you have given us. And now, as I edge the fact that we have been favored with turn my back upon that special state' from earnest and continued sympathy and approval which you have awakened me, I think I can, from steadfast friends. If the.tide of polpular in a measure, compensate' your kindness by in- sympathy has seemed at timesto ebb, the regard dicating to you one of the great lessons which and practical approval of thoughtful, Christian I have been studying while in that state. It is men, have risen to the last hour. Not a breeze the lesson which Christ set forth in the' words, has blown from east, or west, or north, or even " he that loseth his life for lmy sake shall find south, without bringing the tidings that wise and it." good mein were takifg up our cause and rememIn the months of trial now brought to a hap- bering it ina:practical iway. The incidents of OBERLIN-WELLINGTON -RESCUE. 269 the single hour whbch followed the Coming of my eyes were again delighted with a view of our mail on the last day of our stay in prison, Oberlin in the distance, it was the most precious illustrated the fact that sympathy fbr us was at moment of my life. Glorious Oberlin! let thy once widely extended and profound. A modest rebuke of wrong be uttered, and the world shall letter from a member of the Society of Friends hear thy voice. residing in Philadelphia, whose family name is I have had my seasons of deep sadness in honored in the annals of Christian resistance to Oberlin; I have had my share of affliction. federal tyranny, brought us, with words of cheer, When remorseless death has sent to yonder a check fbr one hundred dollars. And while our graveyard my parents and my first-born,eyes were yet moist with gratitude for the when a large family of dear brothers have thoughtfulness of our benefactor, a citizen of melted away like the snows of early Spring, I Cleveland, distingruished for his years and, his have sometimes felt desolate and alone. But I standing as a Christian, and a member of soci- see to-night that I am not friendless. This ety, not less than for his wealth, came in, and overwhelmhning jubilation is too much for poor after handing us a donation which exceeded all sinful man to bear. Who am I, that I should but one of the many gifts we had received, be crowned as a conqueror? I have received blessed us for what we had done, and assured a wreath from the hands of youth and beauty, us that God had made us the ministers of and God foi'give me if the tears I shed are not abundant good. And to prove how widely the those of humble thankfulness, instead of pride. influence of our struggle with oppression had I have borne the token to this stand with diftireached, he rehearsed a recent conversation culty, which I could not and would not have with the venerable Dr. Nott, of Union College, done, if I were not assured that these extraorin which the now almost dying sage had tenderly dinary attentions betoken your interest in THE spoken of us, and had expressed the hope that GLORIOUS CAUSE, and not in the man. The our firmness ivould stay the progress of tyranny language of mly heart is,' God forbid that I i~~~~lnue omy h ea r In o o b ltta towards the overthrow of our liberties. should glory," save in the triumphs of truth and Thus have wise and Christian men remem- righteousness. bered us to the end. And in:- the sympathy Eigity-five days' imprisonment have taught we have thus enjoyed, we have had abundant me many lessons, two of which I will recite, proOf that the Christian anti-slavery element and ifI should beassuccssful in my recitation of society is at length stirred,' and that the as I have been in my study, I should receive change which must follow this quickening is the highest mark, for.I have learned the lessons close at hand. thoroughly. And now, friends, to all the blessings which First, I have learned in a sense never before Heaven has sent us, has been kindly added this so well understood, that truth is milghty, and that greeting. Surely our cup runs over with good in a conflict with error, one "shall chase a things, and long will it be before we forget the thousand, and two put ten'thousand to flight." mercies which in our imprisonment and in our Oh, that the leaders who are set for her defence release, we have been and are permitted to could understand that when settled on the rock enjoy. of truth, they want nothing more but boldness After the Professor had closed his remarks, to lift up their heads against the storm! Oh, the cheering was renewed. Such cheering it that they would disencumber themselves — that was good to hear. It was only equalled by the they would spurn all considerations of policy - grand performance of the great organ and thatthey would cease to ask how will it aft'et choir which followed. The Mlarseilles Hymn my standing - and only ask, am I right? - then was sung as, we were about to say, that choir in the name of God and of truth I will go ahead! only can sing it, and then'Mr. Fitch was called They have in possession a sword of heavenly for, and was received with a cordial welcome temper, but, I am sorry to say, many of them which would have been gratifying to any man. are afraid to draw lest its very flash in the sun should scare the lpeople and create an exciteJ.. ITcII' SPEECH. ment. So shall they never succeed. So shall truth never prevail. So have not the brave Mr. Fitch said:- My heart beats tumultu- hearts of old done their work. Let us say, with ously, and my joys are abundant, as I once the Hebrews -" God will deliver us - but it more look upon the faces of my dear friends in not we will not obey" wicked laws. Let us, Oberlin. Oberlin! The people most abused like Daniel, open our windows towards Jerusaand insulted, yet the dearest to my heart of all let, and publicly spurn the wicked enactment the world besides. Oberlin! The name which as aforetime. Like Nehemiah, let us say, for twenty-four years I have pronounded with "Shall such a man as I flee?" "Shall I go in the love, the veneration, the enthusiasm with (or'give in') to save my life? I will not." which the old Jews were wont to say Jerusalem! Or like Luther - " Duty calls,: and: I will go if Dear Oberlin! "Where thou goest, I will go. the devils are as thick at Worms as the tiles on Thy people shall be my people, and thy God the houses." Let our leaders boldly cast all my God. Where thou diest I will die, and into the scale — make an offering of self entirely, there will I be buried." When, unexpectedly, even to the extentof life, if necessary, and then 270T HISTORY OF THE their blows vill "dash the enemy in pieces like brought before'the District' Court of the United a potter's vessel." States. But I was not only taken there, but thence dragged to prison, along with these my "Tho' sharp be the conflict'tWill pass before long,'An then how pleasant, the Collqueror's song: brethren, and there kept in close confinement And then, 0 how pleasant, the Conqueror's song. for eighty-five days; and when I look upon Again, I have'learned another lesson, namely, these my brethren in bonds, my heart gushes that it is not a dreadful thing to go to jail. Our with gratitude to think that their friends are trials have been considerable; our unfavorable my friends. situation and our various excitements by day, I believe it to be the duty of every Chrisand our restlessness in close rooms and amid the tian -and every man should be a Christian -'noise of raving maniacs by night, have been, in to* help all who are oppressed, whatever may one sense, hard to bear.'. We would blush to be the color of their skin. I believedl so then, compare ourselves with the noble sufferers for and it was from this conviction of duty alone truth who have gofle before us, yet we have that I acted. SMy friends, when I heard Mr. suffered enough to understand them. We Fitch and Prof. Peck' speak about the death of don't wonder that the brave martyrs and a their mothers, brothers, children, and friends, glorious host of " Twhom the:, world was not my own mind was led to the contrast between worthy" endured pains,; torments, and death the separation of mothers and children by cheerfully, yea, triumphantly, for we can well death, and that unspeakably more awful sepaunderstand that when sustained by the immor- ration at the Auction-block. tal hope that the truth which was in them should But the spirit of slavery is the same North soon rise like a sun upon a darkened world, and and South, and even here'it would rob us of shed a shower of gold upon the impoverished our: all as readily as in Smith Carolina.. The earth, such inspiration might easily: lead them: Federal-Government is possessed of this demon, to say to the God of truth- In thy service and we have all seen within the last three pain is pleasure." Physically, the prisoner for months the graspings of its fiendish greed. the truth suffers as well as others but the Yes, and even here in: Oberlin, have we "answer of a good conscience," the hope of wolves in sheep's clothing. They come to us usefulness, and the luxury, of divine approval, with fawnig iingrers and smiling lips, -while assuage his griefs, and'banish all his pains. in their hearts they are plotting the most Never since I became a lover of truth have piratical and inhuman atrocities, and plotting my hopes risen so, high, and my confidence in them against us, their next-door, neighbors, her speedy triumph been so great. Courage who never lifted a finger to harm them or and energy are all we want, when warring for theirs, and never: would. Now, my fiiends, the Lord. Slavery is a braggart. He is: a shall such men remain in our midst? If we coward. He foameth and maketh a noise, but had not had these traitors here, we should he who meets him with the courage of a David, never have seen such wretches as Lowe, and says, "in the name of the Lord will I Mitchell, Jennings, and Davis'- yes, and even destroy you," shall soon see how unequal the Dayton —prowling about our houses. I think conflict when truth and error meet. Oberlin' that if emphatic leave of absence had been alone, if baptized with the true spirit of mar- given these men long ago, we should have been tyrs, would be a match for the world. This saved all the trials of the last yrear. But if glorious company of youths, clothed in the -good has grown out of our sufferings, we panoply of righteousness, strong in the boldness ought to be content. My friends, as the hour of truth, and fired with the zeal of the Lord, is late, I will not detain you. I rest in this could soon send the huge but really weak mon- confidence, that your purpose is one purpose, ster, Slavery, howlingcto his native hell. and that it was never so fixed as now, that John. Watson was next called out and was whatever you may have done in the past, received with applause. His speech was lis- henceforth you will show oppression no qluarler. tened to with marked attention. The evening was by this time far spent, and the venerable chairman resigned his seat to JOI V WATSON'S SPEECH. Professor Monroe. Friends and iFellow-Citizens, - I come be-: The Professor informed the audience that fore you to-nighlt, under circumstances new in- the County Clerk, Mr. Horr, of Elyria, was deed. And right gladly do I meet you.. This present, and would entertain theln with an is my heart's home.'Wbhenl I look 6n your fa- account of how the Kentuckians did n't sucmiliar and lovingf faces, my heart flows with ceed in Elyria, and how the writ was n't served. gratitude that I may see you once again. On Mr. HI. came forward, and mnet such a warm the 13th of September last, when there came a reception as must have been cheering. He rumor that one of my fellow men had been kid- spoke as follows: - napped, I left my little place of business to ascertain, if possible, his, whereabouts. I went rt. IORRn's SPEECH. to Wellington, and did what I thought was my Just before leaving home for this place, I met duty toward releasing the helpless victim, of one of the prominent Hunkers of your county, oppression. Little did I then think of being and observing that he looked rather downcast OBERLIN-WELLINGTON RESCUE. 271 and crest-fallen, I said to him, " WVhat is the Cleveland, was a mere ruse gotten up solely to:matter? " " WVhy," said he, "there has been throw the officers of our county off their guard. a contest- going on between Lorain County and Under these circumstances it was thought adthe United States, and Uncle. Sam has kicked visable that Judge Doolittle should visit his the buceket!" friends in Painesville, whom Wve all knew he Poor m1an! how I pitied him- in his affliction. had neglected very much of late! The Judge But I have been asked to give some account objected on -the ground that Belden and the as to'how they "ldid'nt serve the habeas cor- Marshal expected to see him in the morning, pus " down at Elyria. Some two weeks ago it but being informed by Judge Sheldon that they was rumored in our village that an attempt was had both told him distinctly that they should going to be made to release the Kentucky, kid- leave, and that nothing more would be done nappers from our custody by the aid of a writ in the case until Tuesday, he finally concluded of habeas:cop7uscs which would be issued by to go, and that he might have a plenty of time Judge:'McLean. In. a conversation with our to celebrate the Fourth, he took an early start Sheriff as to what was best to be done in such' On Monday morning Mrs. Doolittle was waitan emergency, he informed me that when such ed upon by Attorney Belden, between four and a writ reached our town he should probably five in the morning, who inquired for Judcoe have business in the remote part of the county! Doolittle. You may imagine how he looked On. Saturday last the District-Attorney, lar- upon being informed that Judge Doolittle had shal, and prisoners arrived in Elyria, just as our been gone some tiwo hours$! But, said Belden, Sheriff lihapen.ed to be leaving the same place. "' I had an appointment with the Judge." The, marshal immediately despatched a post- "True," replied Mrs. Doolittle, "he spoke of off'ce clerk with a message that Marshal John- -that; but Judge Sheldon informed him, that you sonf'inarshal of the United States, wished to had told him that you should leave town and not see hail, and that he should return as soon as be back until Tuesday, hence supposing that his possible.to Elyria. The sheriff was in Am- services would not be needed, he concluded to herst attending to the sale of some property, and visit his long neglected friends." Attorney Belsent back word to his honor, the marshal, that den left, with that peculiar expression on his if he wished to see him he had better come face that always attends an individual who has where he was, as he might be detained rather been caught in his own trap. The kidnapping late. The Sheriff reached town early in the squad then left fbr.Cleveland, and returned evening. The Attorney Belden, the Marshal, again on Tuesday morning; but Judge Doolittle, and the kidnappers immediately repaired to the very unfortunately (?) had been unable to " tear office of the Probate Judge, for the purpose of himself away from his friends," and Belden, surrendering the prisoners into custody, the Johnson & Co. were compelled to return, with bail being present to make the application, But the consciousness that unless something could be'lo! and behold the Sheriff was missing! Then done, the kidnappers must be tried or forfeit commenced'a search for him that lasted until their bail.:But to complete the farce, Belden eleven o'clock. All hands turned in and ordered Johnson to serve the writs on our searched for Burr. But wonderful to relate, Sheriff, but he not being inclined to take them, no Burr could befound! Some of us had often they afterwards served them on our jail, by heard the remark, that it was a great help for leaving them at the residence of Sheriff Burr. a person in searching for an individual whdm -THere we have a United States Marshal serving he wished to find, to know where he was, a writ commanding an officer to bring certain but we had never before fully realized what prisoners to Cleveland, who he well knew had not an advantage it was, in a seardh for one whom been in that officer's custody for nearly two we didl not wish to find! But not being montlhs. How the writ of habeas corpus was obable to find the Sheriff the matter Was post- tailledis difficult to tell, unless it was by false affiponed until Sunday morning, when an attempt davits. Tuesday evening Hon. D. K. Cartter arowas made to get t Sheriff and Probate rived in town, who had been employed to assist in Judge toge.ther, and so do their work on the the.prosecution. I-Ie said the Kentuckians were Sabbath. But both officers refused to open in great terror at the prospect of "facing the -office on that day. Then came the game on music." "Why," said Cartter (he stutters somethe part of Belden and Johnson. They asked times you know), "' them scapegraces were so the Judge if he would be in his office in the scart you could ha' wa-a-a-ashed your ha-a-a-ands mornring? IIe replied that he should. They in the sweat o' their faces!"' He at once cointhen informed several of our citizens that they municated the intelligence that he brought proshould leave the town immediately, and not re-' posals for an unconditional surrender on the turn until after the Fourth, and it was gene- part of the General Government. The condirally understood that they had gone. But in- tions you all understand, and the result of then stead of doing as they said they would, they is the spectacle now before us. confined themselves in their room, and no more Many of us havd come here to-night for the was seen of them until evening. It was then purpose of seeing the twelve men who stood up rumored that they had been playlng, a double boldly. for freedom, who have asked for no ganie, and that all the talk about going to quarters from the enemy, who are here to-night, '272 HISTORY OF THE victorious, with no nolle contendere to dim the she, by calling good evil and evil good, hoped to lustre of their fame. This should be a proud purifX and cleanse the abominable stream. She evening for them. They have taught the coun- has trailed the banner of Love in the filth of sin, try a great lesson: they have shown to the and amid the scorn and jeers of the ungodly world that men who would steal our citizens she has failed, miserably failed, reaping a dragonmust do it at their peril. They have established teeth harvest of scorning infidelity. A~e have the fact that henceforth in Lorain county the tried political excitement, and have failed. Now Fugitive Slave Law is a nullity, and for their wise, let us seek to God, and the waters shall be reward thousands of hearts are to-night beatingi healed. Let us gird ourselves with truth and hothe response, " well done, good and faithful ser- liness, and then underthe banner oftheAlmighlt y vants." we shall move on to certain victory, We shall M.r. AV. E. LINCOLNy was called out, and was thus cast into the water salt from the new cruise received by his fellow-students andi the audience which has ever healed the world's woes. This generally, in the warmest anti most cordial man- made the difference between the result of the ner. labors of the ancients on the one hand, and of Luther, Cromwell, and the Puritans on the w. E. LINCOLN'S SP E ECI-I. other. The ancients, with powers of intellect to In the presence of slave-holders, when rebu- lwhich our masters bow as pupils, failed because ing them from the pulpit in the South, for the there was no Christ, no God, only a Pater Omsin of slave-holding, I have been undauntedl; nipotens, a Jupiter to aid them. These noble but in the presence of so much intellect and moderns succeeded and founded the only libersympathy, I strangely fear, and want in self- ties of earth, because they thus spoke and possession. In the democratic papers, we, the trusted: - four naturalized citizens from England, have "Here I stand, I can do no other, God help been denominated "Oberlin Jacks and Don- me." keys." This feeling and usage from the De- " Men, fear God and keep your powder dry.' nlocracy has not surprised us, after the Cass Let us, then, with a gentle, firm spirit, be scualetter; but we accept the title, and being Bible viter in muOdo fortiter in re, imitating the goodmen par excellence, as the Democrats own, we ness of the Scotch wife, so well illustrated by seek for our character there. Bible donkeys the wives of the married of our party, and were not the degenerate, much abused animals sweetly illustrated by the "cgentlefriendls " of the you find now, but a right royal and king bear- non-married of our party; let us with the caning quadruped. We find they laughed to scorn nie wife say, "Your majesty, rather than my the speed of the hunter, and swiftness we find husband should break (God's law in obeying tobe their predominantcharacteristic. We were, you, I would receive his head in my apron as Democratic evidence shows, for we got to here." Vellingiton, some nine miles off, in forty-five The Chairman here remarkled that he would minutes. Ever swift and speedy will we be for ask the audience to excuse him for the introthe right and for freedom; and if needs be to duction of another subject - the subject of rescue our brother, we will equal the speed of finance. Expense is attendant upon all our the ball.'doings, and we incur expense to-night. You In olden times a stream rising from two remember when the slave woman was to be remounds sent death and barrenness all along its deemed in Ilenry Wardl. Beecher's church,. the course. The land that would have smiled with pastor said "' he did not like to hear a vulgar palm and cedar and waving corn, was bald and noise in church, but he had no objection to a seared. Many trials were made to cure the godly clapping of hands." lrWe have had v>> barren waters; what failures, what disappoint- Irious kinds of clapping here to-night, and the ment. Becoming wise from repeated failures, chairman would now suggrest one additional the men of Jericho came at last to the man of kind, namely, clapping -their hands into their God, Elisha. When they took the course of true pockets. wisdom they soon heard the welcome, "Thus limlble youth moved through the audience as saith the Lord, I have healed, there shall not be collectors, while Mr. JOHN SCOTT, who was from them any more death or barrenness." called for, addressed the nieeting in a few for? Slavery is a fountain whose waters spread cible and appropriate words. along all its course desolation, misery, despair, and stolidity more dire than the dreadful Upas JOIHN SCOTT'S SPEECHI. shade. We Americans have wondered at its death We left our loved home ere the snows of course from its fountain, at its deep springs in early spring had melted, and we returned not Covetousness and Lust to its "consummation of till the gardens were filled with flowers, and all villany." We have striven to heal its waters the fields clothed with greenness. We have by compromises; by Websterian Slave Laws; endeavored to maintain the truth, and we are by ignoring all the rights of colored men in not ashamed to send down our example to our Supreme Courts, and have miserably failed. We children. God has been very merciful to us, have called on the church of God fbr help, and and we and our families have been preserved OBERLIN-WELLINGTON: RESCUE. 273 in health. Surely GLod has encouraged us- own heart is too full for utterance. I am glad ever after this to "-stand up for Jesus." - to see you: ~ I am glad to meet friends and associates. I am glad.to meet the Fire Depart-, HENtY iEVAINS'S SPEECH. ment upon this occasion, of which I am a memFriends; when I use the term friends, I do ber. I know there are true and devoted hearts not use it as a mere figure of speech. It comes to the great cause of freedom in that Departfromn the utmost depths of my soul. Your pres- ment, who would sacrifice their lives and their ence here bears testimony of the fact that you all to the cause of liberty. What has brought are our friends.. The care that you have taken about this great change? Was it a compromise to provide for our families during our imprison- upon our part? Did we get down upon our ment, proved your heartfelt sympathy, for which hands and knees, and crawl in the dust at the we are grateful. Never during our confirne- feet of the slave power? No! It was the ment have you been forgotten; in our daily de- government that Wished to come to terms. votions to Almighty God you have been re- They did not wish nor didthey dare prosecute membered. We felt that your cause was our the matter any farther. They were not only cause, and your presence in such numbers this afraid of having those Kentucky kidnappers evening more than substantiates the conviction, sent to purgatory, but they were afraid that the While in prison we were cheered by daily corm- whole Democratic party would be sent there. munication from your breathing a spirit of We have heard those that have visited us durprayer in our behalf. I profess to be a believer ing our confinement say that we must not adopt in Christ, knowing that without prayer and His any policy that would damage the Republican presence no great good can be; accomplished. party. I would say if there is not power and The Bible has been our guide. i Through it we virtue enough in the Republican party to repuhave realized the presence of the Holy Spirit, diate the great, evil of American slavery, and which has led us on in the discharge of our duty, the infernal Fugitive Slave Act of 1850, then and buoyed us up to.faithfully accomplish the I say let the party go. I believe there is virtue work that had been assigned us; the result of enough left in the party to do it. Let us go to which is a victory on the side of truth, a tri- work and get rid of the conservative elements umph, indeed, over wrong.: of the party, and those old fogy principles that:For eighteen years, I have been seeking to stick tighter than a tick on a sheep's back. know what the Lord would have me do in my Our fathers fought at Bunker' Hill and on the humble position in life. During that time he plains of Lexington for the rights and liberties has visited me with afflictions. He has taken which we this day enjoy. Liberties, (lid I say? from our earthly embrace a darling'child; He'No. We do not' all enjoy liberty. It was the has taken from me a loved'and loving mother. desigrn of the fathers of this great Republic.All this I bore patiently in submission to his' that all should enjoy the blessings of liberty vwill.'When I was cast into prison, my heart without distinction in regard to birth, comagain said, let thy will, not mine be done. I plexion, or conditions of men. I would say in need not tell you, my friends, that to suffbr'for conclusion, that we should all adopt the lanhumanity's sake has been to me a pleasure and guage of Patrick Henry, " Give me liberty, or not a pain. I rejoice to say:that I had resigned give me death." myself into the hands of Him who is the wise Mr. RICHARD WVINSOR came forward in disposer of us all. Every thing of an earthly answer to an earnest call, and was received nature my mind had given up. 3M'y soul.had with as much enthusiasm as heart could wish. entered into the work that God had called.: me to accomplish.. ICIIARD WINSORiS SPEECH. I feel that we have discharged our duty;. we Beloved fiends:-I feel that I must say a have finished the work given us to do. The few words, for my heart is full. I with joy telegraph wires have flashed our victory through return again to the bosom of Oberlin. Oberthe country. It has gone up to heaven -an- lin, if not heretofore, now an honor, a joy, and gels and archangels are now singing hosannas glory to our State. to the Lord for our deliverance, and there are And' you, my fellow-students, who, while no words that better express my feelings than this glorious strife has been waging, have been the following, which by way of conclusion I will climlbing the hill of science, we, who are young repeat:;' in this little band, trust that we have made " Praise God from whom all blessings flow, some progress too; while you have progressed Praise Him all creatures here below." - theoretically, we have in experience and rigid M L Nw cldua e o disciplihe.'And you, my beloved class mates, Mr. LYMAN rd as called oat, and every one who have been taught from the mouths of your tho heaecd the wcheering waswell assurh d that teachers, we, too, have been taught, but by the silent, God-like patience, energy, andl perseverance in the example of these, my elder A. Y. Y'S SPEECH. brethren, who have' been to us examples of Upon a scene like this language has no true mene during our imprisonment. power. The occasion speaks for itself. My And now, as I stand here, my eye rests upon 35 274:. HISTORY:OF THE that little upper chamber within the prison walls, bands to-night, sympathize with:his sad.and where we have often sung and prayed together, lovely wife. and there, as we have consulted Itogether con- Mr.'Wightman closed amid hearty exprescerning the glorious combat between Freedom sions of applause from the audience. and Slavery, I have seen the tear glisten in the Mr. Monroe said, "'Our fiiend need not supeye, and heard the outgiishing of'-hearts filled pose for a moment,:and I presume does not with the love of truth, as'these ~dear brethren suppose, that we are in any danger, to-night, of have consecrated their their wives their little ones; fbrgetting Simeon Bushnell. As'God lives, their property,'their lives, and all, to GoD and and as my soul lives, and as we'all live, when Freedom. Ah, my friends, no;language can Simeon Bushnell does come totown we'll give portray the scenes that. there'have;transpired him a reception which will convince the tyrants within those prison walls. And now I close, who have oppressed him, that there:are hearts my beloved friends-and fellow-students, by say- here that love him.". ing, let us go and do likewise. Father Gillett -the grand old man - the Sheriff Bunn, of Lorain, after repeated and white-haired patriarch, next rose. I will not urgent calls, came forward.' attempt' to describe the splendid reception he met. A life of faithfiul adherence to truth would SHERIFF BURR'S SPEECH.. be. well rewarded by such a hearty greeting He.said: - Shbam Democrats have raised a from such. a glorious audience. great hue and cry about my dodging. I dodged nobody. I had business to do, and I attended FATHER GILLETT'S SPEECH. to it as though no Belden or kidnappers were He spoke in:a:lively'and witty manner. He about. I was in town for a considerable time, said that after being taken -out of jail the marand when I got ready to go to another part of shal told him not to go back to jail. I said, ":I the county to sell sone property,;I went.'Mar- will go, I want to get m.y clothes and beside, I shal Johnson sent for me to come home as quick want to t bid vzy friends good-by.";So he' took as possible. [T.he Marshal'is apt to'order folks me down here. He took:me in his carriage:a good deal,' and to add, with,: how much iml- right beside him. ['T aint often I get a ride in -portance, "I am the United States Marshall."] a carriage.] While, we were riding he said:, But, continued the speaker, I sent'word to the "You see we want to get rid of you Wellington Marshal that if he wanted to see me more than folks, and'then - [don't say nothing'bout it]." I did him, he could come along if he liked. " 0 no," says I, "' I ain't going to say nothing They had a writ which they could not have oh- about it." But-I suppose this is like all other tained without the perjury of somebody, which' things, when it is over with, you can tell out. represented the kidnappers:as-in custody -when " And then'we'will drive those Oberlin fellows it was notoriously true that they were at large. to the wall." Thinks I; then you'll have sonieI did not care to trouble myself much under thing to drive, that's all! such circumstances. I made' up omy mind to put Never made a speech ii: my life; don't know the matter through straight, if I should be com-. how to make a speech and:I aint going to make pelled to lie in jail for the offence till the bars a speech; but I'll just say that every thiing rusted off. under the -heavens'that I was taken down to jail Sheriff WIGHTMAN Was demanded (I can fobrwasjust'fbr-being'ketched down at'Welling-'hardly say called for),:and rose up'before.the -ton; and that aint all.:I hay n't confessedit all audience. Never, in all my life, did I listen, yet. I am ashamed that I did n't do more than to a more hearty, spontaneous, and tremendous: Just be'ketched down -there; and if'-there is cheering than greeted hii. He stood for a ever another such a time I am going to have long tinme awaiting silence, but it seemed as more to be accused, of, and if other folks are though the people would never be satisfied. cowards, I'1 rescue'the fugitive myself. Iused When the repeated bursts of enthusiasm were to think Oberlin' was a pretty bad kind of a over, Mr. W. spoke asfollows: — place, but I've changed my mind about it' now. SHERIFF WIGHITMAN'S SPEECH.' Prof. Monroe then rose, and said: " When we Sheriff Wightman said it would be impossible see a: good old block, we always want to ask if for him to express his feelings on beholding'such there are any more chips of the same:kind. a mass of people.'He was no speaker, and The other day, when I was at Wellington, -a should he tell people when he got home that he young man stepped up and handed me three 1had addressed such an audience,- they would be dollars for the benefit of our friends here; and astonished. He loved and respected -the pris- when I asked him his name he only smiled, and oners, and had done what he could'for them. then disappeared in the crowd. But I asked a RHe had been glad,'also, to see their friends at person who stood' near me, and -he told me'his the jail. They had always'been welcome. -There name was Gillett; and'I understand that he is'was but one thing to mar the pleasure of the: not the only one, but there are several more evening- the absence of Simeon,Bushnell. of'em." Let us all remember him. Let those wives who The Chairman then said, "Wehave given are permitted to enjoy the society of their hus- you to-night a specimen of an honest Professor OBERLIN-WELLINGTON RESCUE. 275 of a college; and perhaps that is not the most in Cleveland jail, under indictment for the resremarkable thing in the world. We have also cue of a fugitive slave from the cistody of a broughtt forward an honest Lawyer, and per- U. S. Marshal, give devout thanks to Almighty haps that will not surprise you. But we have' God for the grace which has enabled them another specimen to present a real curiosity patiently, faithfully, and firmly to maintain the -I mean an honest Postmaster! [Coies.of, contest agalnst that impious enactment till the " Brin him out! "Let us see him I"'] I in- government has asked for quarter, and has troduce to you Mr. Henry S. Smti, whose un- volunteered.the proposition to release the -Loceasing efforts to make the prisoners comfort- rain criminals undcer the Fugitive Act, on conable have received their lasting gratitude. dition that Lorain will.relinquish the U.' S. (Nearly two thousand letters'have been sent executors of the Act. friom the jail during,the confinement.of the: To our faithful friends we express our warmi Rescuers," and Mr. Smith's kindness in mail- est gratitude:and our unqualified commendaing themrn has secured him his office.) tion -for the firmness, the wisdom, and the Mr. Smith came forward. To give an ac- fidelity with which they have maintained our count of his reception would be but to repeat common cause. -' the warmest and most enthusiastic." His And finally, in view of all the consequences little speech was just.the thing. attendant upon this prosecution, and all the Mr. Washburn, of the Elyria Democrat, was light shed upon the subject we unanimously introduced to the audience and made a capital express our greatly increased abhorrence of the speech........ Fugitive Sliave Act, and avow our determina-' tionl that no tfugitive. slave shall ever be taken GEO. G.G. WASBURN'S SPEECI. from'Oberlin either with or without a warrant, Mr. WT. said:- Ile was- present at the great if we have power to prevent it. Convention of freemel in in 3uifalo, in 1848, and Passed unanimously. July 6, 1859. heard the eloquent Charles B. Sedgwick, as he gazed over tlhe vast multitude, exclaim,'lMy hfriends, rmy eyes in their' wildest'dreams of Dr. ~Morgan's prayer was eloquent and imfancyhad never hoped to look upon a scene presslve. In closing, his great and noble heart ike this!?' a ith truth,o he could adopt the Lan- reached out towards al, and he prayed that the guage of the eloquent orator. IHe had watched day might soon dawn when all the world should vwith deep solicitude the events connected with be free, an(l whel in all the earth should be the prosecutibns which had just been abandonedl..found not one enslaved family, nor onze enslaved by the Government, and, although llat times the soul. future looked dari and gloomy, he ha.d come It was then requested that the congregation here to rejoice that a glorious day had dawned would Join with e choir in singing the' Doxupon our cause. He felt it was well the blow ol'oy, snd not less than twenty-five hundred had fallen where it did - upon a community voices united in singin the majestic tune who had the boldness to mlect4 it, the fortitude ld Hundred," the words:to endure it, and the discretion to act in such a " Praise God from whom all blessings flow, manner as to result in the triumph they had Praise Him all creatures here below; met to rejoice over. He urged the friends ofise Him a, yeheavenl host,.......': Praise Fafther, Sonand Holy Ohost." the slave to make a city of refuge for the op-. - pressed in every. township, and to. pernit. no The Benediction.was pronounced by Dr. slave-hunter to enter it in pursuit of his vi- Morgan, while the vast congregation' listened tim.' with the profoundest.silence and most reverent It was now near the hour of midnight, yet attention. Throughout all the crowded galleries the audience gave the profoundest attention to scarcely a sound was to be heard. the very close of Mr. W.'s speech, of which.we It was midnilght before the vast audience Ihave given but a brief report. broke up, and during the 0ong exercises, scarcePrincipal H. E. Fairchild next occupied a ly a person moved from the church. In no few mnoments in appropriate remarks, and then other instance in all our life,,have we known read the following resolution: - so large an audience held for so long a time.in perfect quiet. It was an evening never to be RESOLUTION OF OnERLIN. forgotten by the thousands of youth who have Resolved, That this meeting request the Town, caught the spirit and will carry the fire into all Council to enter the following minute upon the the earth. Records of the -Villaoe of Oberlin: THE ECEPTION OUSELL The citizens of Oberlin assembled in Mass Meeting to welcome home our faithful repre- The last and crowning ovation to the trisentatives,'Messrs. Peck, Plumb, Fitch, W. umphant Rescuers came off on Monday, July Evans, Winsor, Lincoln, H..Evans,. J. Watson, Evans, atso, Bartlettincoln, -Ly. vand Scott, J. Watson, 11th, a day that will long be too bright for ID. Watson, Bartlett, Lyman, and -Scott, who, rather than give the least countenance to the tyrant eyes to look calmly upon. [Fugitive Slave Act, have lain eithty-four days. Again we recur to the- editorial columns of CL~Lgl~~~'' V NIYfb r^ das. Again e recur 0 unins 276 HISTORY OF THE' the Leader, extracting only the salient points the boy John; we have no regrets to express from a full and accurate detail, that he has been imprisonecl. Mr. BUSIINtELL was then welcomed home by Rev. E. I-I. FAIRCHILD, as follows — - BUSHNELL AT HOME. -MR. BUSIINELL, THE O~BEIR-LIN DEMONiTSTRATION. V In behalf of this crowd of your fellow-citizenrs gathered to greet you on your return from Yesterday was a proud day for the " Ober- jail. I am requested to extend to you the right lin andg Wellington Rescuers." Previous no- hand of fellowship, andiwelcome you hbm'e. I tice had been given, that Bushnell, the last of esteem it a high privilege to discharge at office the jail confined " Rescuers " and "lFelons," at once so agreeable and so honorable. was to proceed to his home in Oberlin; and as.For many years we have known you only to the hour approached for his departure from respect and esteem you. We have known you the stone castle where for so many weeks he as a citizen incapable of an act of injustice to a had been confined, an immense crowd gathered fellow man, or to your country. And this high in and about the jail to see himi/ off- Both estimation of you has by no means been damjail and yard were densely crowded with the aged by the events of the few past months. friends of the prisoner. Mr. John F. Warner When on the evening of the 13th of Septemwas endowed by the Sheriff'with the powers of her last, you returhed with that r'escued man, Marshal, an'd under his guidance; the pro- we were not ashamed of you. - When the news cession was formed, headed by a guard of came of your indictment by a grand jury secolored men with a banner inscribed' Oberlin lectedl from a small minority of the citizens of and AVelliington Rescuers." this district, we were not ashamed of you. And Then followed the Chaplain, Rev. J. C. when we heard of your conviction by a jury of WTmHTE, and after him the llecker Band in the same stamp, and of your sentence by a full uniform, discoursing lively and spirited judge eager to execute the most impious of all national airs. Then came a long line of friends laws, we were not ashamed of you. And now on foot followed by Mr. BUS-INELL in a car- that you return to us unsubdued, ready to reriage with his baggage; accompanied by til peat the same act when opportunity ofiers, we ladies; of Sheriff Wirghtman's family. Several are not ashamed of you. Again, I say, welother carriages followed, decorated with ban- come'! thrice welcome to your home -in Oberners and flags. A great crowd followed the lin, andtothe countyofLorain! IIow general, procession to the depot, where there were and how hearty this welcome is, let the cheers gathered immense masses who welcomed the of five thousand people assembled in the heat hero of the occasion with hearty cheers. of harvest, on the first working day of the week, At 11:25 the train, with six crowded coaches, at the hour of dinner, bear testimony. left the depot, the band playing national airs as Yet, sir, we should do you and ourselves inthey commenced the journey. On reaching justice, should we intimate that we have gatllOberlin, the guns of Artillery Co. A., Cap- ered here for the simple purpose of expressing tain W. R. SIMaIONs, who had gone to that our personal regard for you. place on the early train, spoke forth in boom- W~e are well aware that we cannot thus honing notes one hundred shots of welcome and or you on your return from prison, without triumph. That Company, with the Oberlin making ourselves responsible for the act that Hook and Ladder arid Engine Companies sent you there. Indeed, for this very purpose were diawn up to receive the Clevelanders. we are'here. What was your act? The Besides these, there were thousands of the alarm was given and came to your ears, that a Lorain -citizens ready to grasp their fellow- neighbor had fallen among thieves, who were citizen by the hand. One banner which they draging him South into life-long bondage. carried was curious and noticeable. An im- Without inquiring into the character, color, or manse horn, labelled " U. S. District Court," condition of that neighbor, without asking wias the principal feature, the "Rescuers" whether the robbers were private or public issuing from the large end, while from the robbers, whether they acted on their own relittle end of the horn the Officials were crawl- sponsibility, or by United States authority, you ing out upon the "Democratic Platform," at hastened to the spot, delivered the " spoiled,which one was grindingo at " Public opinion." from the oppressor," brought him to a friendly At a little distance from the Rescuers were inn, "and took care of him." friends who greeted them with "W Well done, For such an act we wish to be responsible good and faithfiil servants." Besides these before our country and the world. You could there was a lair of scales, with "Higher Law" neither have been" "a good Christian nor a going down in one scale, while "U. S. Laws" good citizen," had you coldly witnessed such were flying up, being weighed in the balances an outrage on a fellow man, and "' passed by and found wanting. It was expressive. on the other side." On leaving the cars, Judge SPALDING said You raised no standard of rebellion against to the crowd, "M yi friends, Bushnell had -no your country; you simply violated an inhuman regrets to express that he had aided in rescuing statute so base, that, on its engrossment, only OBERLIN-WELLINGTON RESCUE. 277 two Northern Senators voted for it; and then Mr. CARTTER closed amid the most enthusiyou quietly submitted to its penalty. How long astic cheers. His remarks having been frewe will imitate you in this latter respect, we do quently interrupted with shouts of laughter and,not propose to say. We acknowledge our obli- cheers. gation to submit so long, and only so long as we This speech was followed by singing by the lack the moral, political, and physical power to choir of a magnificent quartette and chorus, render the enforcement of that Act impossible. entitled " The Gathering of the Free," by Prof. We belong to no "modern school" of poli- George N. Allen. This was splendidly pertics or theology, and lay claim to no new light formed by the choir, setting every heart beating on these subjects. WVe belong to the school of with exultation and sympathy. the Fathers, who having been driven from their A. G. RIDDLE, Esq., was then called upon, native land by the persecutions of their gov- and rehearsed with hearty eloquence the histoernment, taught their children that " resistance ry of the trial and incarceration of those who to tyrants is obedience to God;" or to the had so long felt the force of a tyrant's prison. more ancient school, which exclaimed to the At one point the speaker brought Bushnell up existing authorities, "Whether it be right to to the stand, who was greeted with rousing hearken unto you more than unto God, judge cheers. ye; " or to that still more. ancient, which said At the close of Mr. RIDDLE'S remarks, which to the king, " We will not serve thy gods nor were heartily cheered, the Hecker band gave worship the golden image which thou has set some of their unsurpassed music. After which up." We crave the honor of some slight con- Hon. R. P. SPALDING was introduced to the nection with the long line of prophets, apostles, audience as the man who, when he was on the reformers, and martyrs, who, by the govern- Supreme Bench of the State of Ohio, announced ments of their time, were persecuted, impris- publicly, that should a fugitive slave be brought. oned, and killed, " of whom the world was not before him, he would set him free. He was reworthy.". ceived with cheers, and remarked - Three more cheers were then given, when the When BUSHNELL was asked by the Judge procession, headed by the Wellington Sax Horn if he had any regrets to express for his conduct, Band, and including the Artillery, Fire Compa- how would he have leaped from his seat and nies, the Elyria Band, the " Rescuers," visitors, shouted, " No, sir'ee," could he have looked foretc., marched to the immense church, which was ward to this proud day, when five thousand citimost densely crowded with thousands of the best zens assemble to bid him welcome. The speakcitizens of Lorain county and vicinity. The er gave a high tribute to the character of Father spacious galleries of the church presented a Gillett, who told him at Cleveland that should beautiful spectacle, being almost entirely filled he plead "nolle contendere," his sons at home with the ladies of the college and neighborhood. would shut the door against him. The speaker These ladies held a prominent banner in- then gave a history of slavery from the fifteenth scribed - century to the present time, with appropriate THE LADIES. an(l earnest comments. 1000 Mr. BUSHNELL was then brought up to the V E L C O M E Y O U. stand. The applause and cheers that greeted ThGrice: Welcome.GREEIN Gn him spoke truly of the sympathy and welcome GREETG hich the audience felt for the noble " felon." Such a beautiful sight as those galleries pre- I-e remarked, that while he had felt no regret sented one seldom sees. It was an exhibition when before the Court, he did now regret that surpassed nowhere " on this terrestrial ball." he could not in fitting language respond to their A large choir of ladies and gentlemen occu- call. He had been imprisoned fobr disobeying pied the front of the gallery, and by their exe- the Fugitive Slave Law, and Marshal Johnson cution added greatly to the interest of the oc- told him that that law had been enforced on the casion. The speakers and reporters occupied Reserve; but this audience showed that it could the pulpit. not and should not be; and as for him, if a fuProf. MONROE opened the exercises at half gitive came to him fbr aid he should have it, past one o'clock, by calling upon the venerable though all the mortals in Ohio opposed it, so Father KEEP to open with prayer, which he did help him God. " Three times three " were then in an eloquent and stirring appeal to the God given with a will for Simeon Bushnell in " speakof Heaven for his blessing upon the meeting, ing tones." and rendering heartfelt thanks and gratitude Music by the Wellington band. for the blessings which had been poured forth Hon. JOSHUA R. GIDDINGS was then brought on the "-Rescuers,"' and enable them to go forward. through that trying ordeal and despotic rule. Prof. MONROE, as Chairman, first called [So ell does literally "ALL THI WORLD' upon IHon. D. K. CARTTER, who responded uonHn.I.. TT whorknow JosuUA R. GIDDINGS, and just what he in his usual off-hand, sarcastic, and impetuous know JsIUa R. GsDc Gs, and just what he manner. would say on such an occasion, that we may * * * * * perhaps be pardoned for omitting - since we 278 ISTORY OF MME have not space for all - his eloquent address, w hose manhood could not be overshadowed or as we have also the scarcely less brilliant one of perverted by his official character, - who, with Mr. CARTTER1.] -the discernment which God gives to the truehearted, could discover honest and upright men, The Marseilles Hymn was then executed by even under the brand of indicted and convicted the choir, the solo being finely.sung by Miss felons. Those committed to him as prisoners, Church, and the full choir of one hundred and he dared to receive as guests; and, from the fifty ladies and gentlemen joining in the chorus first moment of their commitment to this pres~with splendid effect. ent hour, he has made it:his care to administer Hon. RALPII PLUMB (one of the Rescuers) to their comfort and welfare. was' the next speaker. On the 13th of Sep- Our friends were sought out and cared for tember last, just ten months ago, he had, it is by many others. Foremost among these, was true, been glad to know of the rescue of John one who did not merely come and look on them, Price; but he was ashamed to say that he did to " pass by on the other side," but he came to nothing to aid in the rescue. It was not these them with such comfort and help as personal men alone, but it was the spirit of Oberlin, attention and personal resources could provide. which was opposed to all oppression, which He took care of them, and even went beyond was indicted. But years ago he had been the parable, in not leaving them until he saw guilty of rescuing slaves. [At this point Mr., them safely lodged in the bosom of their famGiddings arose and said that he remembered ilies. one Sunday morning, long years ago, when this [Now, Mr. President, do not permit the good man Plumb brought a whole wagon load of people here to say that I have intimated that slaves to his house, on the way to freedom.] our friends had fallen among thieves. If they The speaker then went on to describe and press the illustration to that extent, they must speak of their'prison lives of eighty-five days, do it on their own responsibility; I was brought of the feelings that actuated the imprisoned, up not to call bad names.] and their trials when thinking of their families Within the prison walls, our friends were inat home. I-Ie had felt cheered with the troduced to a jailer — whom God made a man thought which his daughter had written him before he was made a jailer —and to his exwhile in prison, " Father, it is a great boon to cellent wife and her two assistants, all of whom be the lever, or even the stone upon which that were unwearied in their attentions to the prislever rests, which is to lift a nation and a whole oners and their fiiends that visited' them, ancl people up into purer atmosphere where free- by their considerate kindness gave to the doin can live and bless." They should go on, gloomy place as much the air of a home as a until Ohio should be, what she professes to be,,prison ever l1ad. a free State, and until our whole broad land is The citizens of Oberlin, in whose behalf I free from slavery's blighting curse. speak, have not been insensible to this kindness, Prof. MIONROEIT announced at the close of Mr. of which hundreds of them have been personal Plumb's remarks, that it had been said that witnesses. Without the idea of repaying it, recent events had soured the temper of the they have wished in a measure to relieve their Oberlin people; and he must confess that Prof. sense of obligation, by a public testimonial of Fairchild, one of the most amiable of men, had their gratitude; and I will call upon our friend become so soured that he was about to cane a Mr. Grannis to accept and transmit to IMr. person ri,,ht there on the stage. Sheriff Wightman this cane, presented by the citizens of Oberlin, and this - its fellow —to'PRESENTATION ADDRESS BY PROF. J. C. lMr. Henry R. Smith, the good Samaritan; a FAIRIcIIILD. small token of our appreciation of their kindnMr. President. It seems to be -your prerog- ness. Assure them, sir, that these gifts have ative to assign us our duties, at your pleasure, been selected with an eye to utility as well however grotesque they may seem, and we are.as comeliness —not that we would intimate not at liberty to decline them; but, I take it, that they are afflicted with any sl2pinal weakevery manisby nature chartered with the privi- ness, or require any such support of their lege of performing his duties in his own way. manhood. Nor have they enemies whose asTou will expect me, then, to administer the can- saults they mightgepel, - nor is there any thing ing which you have appointed me, in our plain in human form against which we bear a grudge, Oberlin fashion — not with that display of re- upon which we would wish them to try the finement andchivalry which might be appropri- temper of these trusty weapons. But if, in ate to the' chamber of the UnitediStates Senate. their pilgrimage through the world, they should There are, probably, few in this vast assem- fall in with the monster which MIrs. Partinoton bly who need to be informed that our firiends has called the fugitive slave Bill, " going about at Cleveland experienced much kindness from seeking whom he may devour," the mere sight various sources, as an offset to the pains and of these two good sticks shall frighten him back penalties laid upon them by United States offi- to his native pandemonium, whence he is a fugicials. At their first introduction to prison tive, and where he "owes service and labor." walls, they made the acquaintance of a Sheriff The matrons of Oberlin who have thus far OBERLIN-WELLINGTON RESCUE. 279 had the privilege of caring for their husbands as an American citizen. We wished that the at home, have provided for the gentle hostess of wide world could all have seen him standing our friends, Mrs. John Smith, this set of there, pouring forth in clarion notes his noble, spoons; for her assistants, Miss Eliza Morrill manlike, and godlike: thoughts. No more eloand Miss Lucy P. Wightman, this dress and quent speech was made yesterday than his. this book; assure them that their kindness Prof. MONROE then introduced Prof. PECK, will be held in remembrance, and that they expressing his doubt in the mathematical asserare among those whom we shall delight to tion that eight quarts were equal to one Peck. honor. Prof. PEcIi remarked that he had been put Frof. FAIRCHILD then presented to John C. into intimate association with the noble men Granniss, Esq., to be presented by him to the who had brought eloquence and talent to bear parties named -a gold-headed cane for Sheriff upon their defence, and expressed his gratitude nightman; a similar one for Mr. H. R. Smith; to them in touching words and kind remema set of spoons for Mrs. Smith; a dress for her brances, and also in the highest and tenderest sister; and a book for Miss Lucy Wightrman. terms of Jailer Smith, his family, and those asThese articles Mr. Granniss delivered, and sociated with him in imprisonment, expressing responded for the recipients in a happy and as his will and testament, that those brethren fitting milanner. should be the first to follow his body to its burial, The canes are heavy ebony, with elegantly and the ones to offer up the last prayer over chased gold heads, inscribed to the recipients his lifeless clay. "firom the citizens of Oberlin." They are val- Judge SPALDING and Mr. RIDDLE, for the uable articles, both intrinsically and fpr their counsel for the defence, expressed their thanks deeply interesting associations. for ithe compliments paid them, but asserted that Prof. MORGAN then read the following reso- the Bar of Cuyahoga, with possibly a few exlution, which was carried with a will:- ceptions, were entitled to equal gratitude, for Resolved, That the people of Oberlin in Mass all were ready and eager to leap forward for Meeting assembled, tender to R. P. SPALDING, the defence of such men; -" so bring on your F. T. BACKUS, A. G. RIDDLE, and S. 0. Rescuers." GnISW'lLD, our heartfelt gratitude for the un- With music by the Hecker Band, the imwearied zeal and devoted self-sacrifice with mense congregation of not less than 3,000 perwhich, refusing all compensation, they have sons was then dismissed, it being G o'clock, and conducted their very able defence of the Res- at 7: 50 the Cleveland delegation returned to cuers before the U. S. Court and the Supreme the city, " satisfied." Court of the State. We feel that no fees The meeting was an earnest and a good one, could have bought such services, and that no - not less than five thousand persons gathered gift can duly express our sense of the debt we to do honor to the occasion. Notwithstanding owe; but by us and by countless others of the the dust - the intense heat of the sun's rays — friends of right and fieedom, the names of the time in the middle of harvesting - and the these able jurists and their noble services will fact of its being the first working day of the be had in everlasting remembrance. week, the hosts of freedom came up and enEsq. GOODWIN, of Sandusky, was then in- camped in the strong-hold of liberty and equaltroduced, and spoke of the present contest ity. Oberlin is not "subdued," and never twill between common and higher law —claiming be. that nothing was " law" save that which com- Of all the features of the day, there was manded what was right, and prohibited what nothing that was of more interest than the singwas wrong. Ile spoke with words of counsel ing by the vast and well-trained choir. It was, and hope for the future, and with. aprophetic, witlhoutl exception the most grand and gglorious eye looking through the coming ages to the singing- the nearest to our conception of a last day, when kings and beggars, black and grand choral harmony, of any thing we ever white, bond and free, should meet together heard. before the great white throne, to-be judged for A lady remarked to us on the homeward the deeds done in the body. passage, that she " did n't believe we would JOHN LANGSTON, Esq., rose in response to hear better singing in the other world." We a call, to apologize for the absence of his brother do believe there is no choir like that one in the Charles, and to speak a word for himself. In country. No words, no language can express his characteristic bold eloquence, he spoke fear- the beauty and sublimity of the, execution of less and startling words in opposition to the the Marseilles Hymn, or the "Gathering of the Fugitive Slave Law. He paid a higih and Free," and so will not attempt it. It was beproud tribute to the speech of his brother in yond all praise. the United States Court, which was received After partaking of a bountiful supper at Prof. with loud applause. He thanked his noble PECK'S, we returned home, hearty cheers risfiiends who had gone up to Cuyahoga county ing as the excursionists left the station, and jail — thanked them in his character as a neo when next Oberlin celebrates, and her eleven gro - as a white man - as one in whom the hundred students are " out of school," and the blood of both races joined - as a man- and I latch strings are out, " may we be there to see." blootl of Inotlz 1~aces Qoined — as a l~~~~~~zan — anC 280 HISTORY OF THE We are permitted to close this volume with the following beaut'itl and thrilling lines, the offering of a recent graduate of Oberlin College. A -SONG FOR FREEDOX.I EMILY C. HIUNTINGTON. A SONG for Freedom! let it rin( In wild and stirring rhyme, Fit for the glowing lips to sing, When beating hearts keep time; For all the hills are flushing red, A glorious morn is breaking, And earth is thrilling to the tread Of Freedom's hosts awaking. Through the long night we only heard The distant warder's cry, And here and there a soul gave back The watchword in reply: Now, full and clear above them all,_ The'bugle notes are sounding, A thousand voices swell the call, A thousand hearts are bounding. From lip to lip along the lines, The battle-cry rings out:"GOD SPEED TIIE RIGHT I" then loud and high The kingly leaders shout:"Now with your good swords flashing bare, O host of' GoD's anointing! Look to the heavens! and follow where The beacon star is pointing!" Ho, Tyrants! ye who dared to steal The pearl ye could not win, Who thought to crush with iron heel The free-born soul within;Bowed to the dust beneath your sway, Our hearts spring up the stronger; Lo, FRnEDOMI takes the crown to-day And falsehood rules no longer. We cannot fail, while day by day, In every cottage home, Young children kneel, and softly pray, "Thy heavenly kingdom come 1" So courage, heart! for come it must, That kingdom high and glorious, The tyrant's power shall fall to dust, And truth shall reign victorious. Brooklyn, Conn. July 4, 1859.