"The legislative acts which, with a cool atrocity, to be equalled only

by the preposterous folly of the claim they set up over the persons of

God's creatures, doom to slavery the free African the moment his eyes

are opened on the light of heaven, for no other offence than being the

child of parents thus doomed before him, can, in the judgment of truth

and the estimation of a just posterity, be held inferior in heinousness

only to the first act of piracy which made them slaves. It is in vain

that we cover up and avoid such reflections. They cling to us, and earth

cries shame upon us that their voice has been so long unheeded. The free

Lybian, in his scorching deserts, was as much a slave when he rushed,

in the wild chase, upon the king of beasts, as is his unhappy offspring

before our laws cleave to him. God creates no slaves. The laws of man do

oftentimes pervert the best gifts of nature, and wage an impious warfare

against her decrees. But you can discover what is of the earth and what

is from above. You may take man at his birth, and by an adequate system

make him a slave, a brute, a demon. This is man's work. The light of

reason, history and philosophy, the voice of nature and religion, the

Spirit of God himself, proclaims that the being he created in his own

image he must have been created free."

"It can be no less incorrect to apply any arguments drawn from the right

of conquest, or the lapse of time, as against the offspring of persons

held to involuntary servitude. For neither force nor time has any

meaning when applied to a nonentity. He cannot be said to be conquered,

who never had the opportunity or means of resistance; nor can time

run against one unborn. Those who lean to a contrary doctrine should

well consider to what it leads them. For no rule of reason is better

received, or clearer, than that force may be always resisted by force;

and whatever is thus established, may, at time, be lawfully overthrown.

Or, on the other hand, if error is made sacred by its antiquity, there

is no absurdity or crime which may not be dug up from its dishonored

tomb, and erected into an idol around which its scattered votaries may

reassemble."

Mr. Bradley then went on to argue upon the tendency of the libels, and

contended that they were not calculated to excite sedition. They are

not addressed to the colored people, nor adapted to excite insurrection

and revolution among them. They are calm appeals to reason, designed

to produce measures to arrest a danger which they think threatens them,

in common with their brethren of the South.

He next adverted to the law of publication. There were two grounds of

publication--one is legally to be inferred--the other actually proved.

The monstrous doctrine is contended for by the prosecutor, that if a

man has a libel in his possession, if it was publicly circulated in the

country, the possession is _prima facia_ evidence that he put it in

circulation. To show the absurdity of such a position he took a case

of a favorite popular libel, which would be all sold in a day, and said

that it would be impossible to find an impartial jury to try a case

under such a law--because it would not be easy to find twelve men drawn

as jurors who would not have been possessors in some way of the libel,

and of course equally criminal.

Having a written copy of a published libel in one's own handwriting may

be _prima facia_ evidence; but it is not so with a printed copy. The

publication must be brought home to the defendant. An actual publication

is when the party puts the libel in circulation--when he gives it to a

third party, either by himself or an agent, for the purpose of having it

put in circulation.

The evidence in this case, he contended, afforded not only no proof,

but no presumption that he published the libel. The one copy he allowed

King to take was not given to be circulated. He had been warned of the

danger, and had avowed his opposition to having such papers put in

circulation. There could be no pretence that it was given to stir up

mischief; and if any one was responsible for any evil effects, supposing

any to accrue, it was Mr. King who had shown it, and left it exposed

openly in a shop. But he argued that the loan of the paper to King was

simple possession--he had afterwards taken it back from the shop, and no

evil had been done or intended.

The intent, he said, must be gathered from the circumstance of the

publication, and not alone from the libel charged; and he then commented

upon the manner in which this paper was taken by Mr. King, and upon his

character as a substantial, respectable man, who had just given the

prisoner a warning, to show that no presumption could arise of an intent

as charged in the indictment. The words "read and circulate," upon which

so much stress had been laid, showed no evidence of an intent to publish

the pamphlets here, for they were put on two years before in Peekskill;

and even the having them brought here was no act of the prisoner's, nor

does it appear that he knew they were in the box.

He went at length into an examination of the evidence tending to show

Crandall's good character, and the accidents which brought him here and

induced him to make it his permanent residence. The trouble and

excitement, he said, had not been owing to the prisoner or to any act of

his, but was entirely owing to the misapplied zeal of the officers, and

to their indiscretion and stupidity. He said he had gone over all the

evidence of publication, and it was certain that no other publication

had been made by him, for the District Attorney would have brought proof

of it; if one had been dropped ten fathoms deep, into the vilest well,

some one would have been found to fish it up.

He traced the course of the prisoner from his boyhood to college, and to

the study of his profession--from that to his settlement at Peekskill;

and urged upon the jury the consideration of his uniformly sustained

character, and of his blameless life. He followed him with Mr. Austin's

family to this city, and afterwards shewed his course to New York, when

the important bundle of abolition tracts was palmed upon him; and then

followed him here with those papers, which he did not even open, and

of which he could not have known the contents, till he was informed by

Mrs. Austin. He had shewn that no Anti-Slavery Society existed where he

came from, and that he had never been a member of any such society. He

had also shewn his acts, in connection with his good character and

principles, when he went to Connecticut to suppress the school founded

by Arthur Tappan & Co., which he thought an improper and dangerous

institution; and though he has always avowed himself to be opposed to

slavery, yet he has always been as firmly opposed to excitement. He had

traced him here, and shewn his declarations and principles here, and the

business in which he was engaged.

He said he had been satisfied, early in the trial, that there was no

ground for the prosecution--that the counsel for the United States had

not made out a case which would satisfy themselves or you; but it was

necessary to go on with the trial, for the satisfaction of others. The

public were anxious to have the whole truth before them; and he was

happy to believe that the jury would come to the conclusion that the

Government had wholly failed, upon their own evidence, to make out a

case which would justify a conviction of the prisoner.

_Mr. Coxe_ addressed the jury. He was not aware, he said, that during

his whole career as a professional man, he had ever entered upon the

discharge of his professional duties with feelings of more anxiety than

in the present case. The interest which he felt in the result was not

limited to the consequences which might befall the traverser--an

individual to whom he was an entire stranger; but principles had been

advanced, and a course of proceeding adopted in this case, which

involved results of the most general and momentous character; results

which may to-morrow, and through all time, be brought to bear upon each

one of us and upon our posterity.

The cause now on trial was the first of the same description which, to

his knowledge, had ever been brought up for judicial decision. It was an

indictment for a seditious libel at common law. Mr. Coxe here adverted

to a portion of our history, during the administration of the elder

Adams, when we were threatened with a foreign war and internal

commotion, and when it was believed that a resort to unusual means of

protection from impending peril was necessary. At that crisis was passed

the act of July 14, 1798, commonly called the Sedition Act, by which it

was provided that any person guilty of uttering a seditious libel

against the Government of the United States, with intent to defame the

same and bring it into contempt and disrepute, shall be punished by a

fine not exceeding two thousand dollars, and by imprisonment not

exceeding two years. The act was denounced as tyrannical, oppressive,

unconstitutional, and destructive of the liberty of speech and of the

press, and it was made one of the principal charges against the party in

power of that day, and was the chief means of its overthrow. During the

short period of the existence of that odious law, some few prosecutions

were instituted under it against obnoxious individuals; and these were

the only cases of prosecution for seditious libel that had ever occurred

in this country.

In the present case, an attempt was made to apply the well known

principles of the common law to the same improper and unconstitutional

end. The case was new to our courts, and was of rare occurrence in the

courts of England. Without being a prophet or the son of a prophet,

Mr. Coxe said he would venture to predict that, if the doctrines which

had been urged in behalf of this prosecution, and the proceedings which

had been here justified by the District Attorney, should be established

as lawful, the seeds will have been sown from which will be reaped, for

us and for our children, a harvest of woe and disaster.

He could not, therefore, but deeply feel the share of responsibility

which devolved upon him in the management of this case, and in the

vindication of the great principles of constitutional liberty in which

he had been nurtured and to which he was bound to adhere.

If, upon such a warrant as was issued against this traverser, any

individual in this community might be arrested, his papers seized and

examined, his most private correspondence exhibited to the public gaze,

and if all this proceeding was to be warranted by the laws under which

we live, then, gentlemen, said Mr. Coxe, this District is no place for

me. He would seek some place where he would be safe from such

outrages--some place where the principles of civil liberty are still

understood and cherished.

If, upon testimony thus illegally obtained from him, without having been

guilty of any overt act against the peace of the community, he could

be indicted for sedition, incarcerated for eight months preparatory

to a trial, and then be told that for having such publications as the

traverser had in his private custody, under his own lock and key, or

for loaning one to an intelligent friend, for his single perusal, he

should be exposed to conviction and punishment for sedition, then he

would, to escape such tyranny, expatriate himself, abandoning a land

no longer free.

But this was not, and could not be the law of this District. What was

the case? Let us go back to the 10th of August last, when this warrant

was placed by a justice of the peace, acting under the advice of the

District Attorney, in the hands of the officers who served it. The only

foundation of the prosecution was simply this: Mr. King, while visiting

the office of the traverser, with whom he was in habits of intimacy and

free intercourse, saw there lying about the room, amongst various works

on different branches of science and the arts, three pamphlets, which

were taken from a box containing surgical instruments, books on surgery,

and botanical preparations, in packing all which the pamphlets had been

with other papers employed. Mr. King casually taking up one of these

pamphlets, read its title page, and remarked that this was too far South

for such things. He asked permission of the traverser to read it, which

was granted, and up to the 10th day of August, a month afterwards, this

was the extent of Dr. Crandall's offence. The affidavit in the warrant

did not even go so far as this, in any positive charge. William

Robinson, who made the affidavit, deposed that he had seen in Georgetown

an incendiary pamphlet having upon it the name of Dr. Crandall, and that

he, the deponent, had been informed and believed, that Dr. Crandall was

engaged in distributing and circulating such pamphlets. The only

positive averment in the affidavit was unimportant, and, if important,

was untrue. Mr. Robinson, when examined, had no recollection of such

a pamphlet, and there was abundant evidence to prove that the pamphlet

loaned to King was now in court, and there was no such endorsement on

it. He had not, therefore, seen a tract with Dr. Crandall's name upon

it. That Dr. Crandall was engaged in the circulation of this or similar

pamphlets was equally unsupported by evidence. Upon this allegation, so

flimsy and so false, the Justice, acting under the advice of our learned

District Attorney, issued the illegal and unconstitutional precept which

he held in his hand. By this warrant the constable was directed to

search and examine the traverser's private papers, to select such as

might appear to be incendiary and to bring them and the traverser before

some justice of the peace, to be dealt with according to law.

This illegal process, thus illegally executed, had been justified by

the District Attorney, who had avowed himself ready, whenever required,

to prove that it was lawful. On the other hand, he, Mr. Coxe, pledged

himself, on all occasions, and whenever the question might be presented

for argument and decision, to brand it as tyrannical, oppressive,

illegal, and unconstitutional.

The next evidence for the prosecution was found in the pamphlets thus

stolen, and the possession of them by the traverser was alleged as proof

of their publication by him. Against this false and more than

inquisitorial doctrine, he solemnly protested. Let the accidental

possession of a denounced pamphlet be made proof of its utterance and

publication by the possessor, and let the new process of detecting and

bringing to light that obnoxious pamphlet be established, and what man,

in the whole community, can be safe in the enjoyment of his personal

rights? May not any man be subjected to be treated as a felon, upon the

instigation of private malice, or party animosity, or religious rancor?

How easy would it be to find a magistrate at any time, who, confiding in

the learning and experience and official character of the District

Attorney, will, at his instance, grant such a search warrant against any

individual?--and how easy will it not be to find constables, who, in the

execution of it, will raise a hue and cry, and an excitement against the

individual at whom the process is levelled?--so that if he escape the

tyranny of the law and of the officers of the law, he may, nevertheless,

fall a victim to the blind and ignorant violence of popular fury!

Two things, Mr. Coxe said, must combine to bring the traverser, in this

case, within the law, if indeed there was any law to meet the case. The

publications themselves must be calculated to excite insurrection among

the blacks, and contempt of government among the whites; and the mode

and manner of the publication must be such as to justify the supposition

that the publisher intended to produce this effect.

If both of these facts could not be proved, the prosecution must fail,

and the traverser be entitled to a verdict of acquittal. Admitting that

the character of the pamphlets was incendiary, and as mischievous in

their tendency as the District Attorney may, on this occasion, be

pleased to represent them, still it cannot be shown that the traverser

was guilty of any injurious or malicious dissemination of them. The loan

to Mr. King was the only instance proved of distribution, and could that

be considered malicious? Mr. King was admitted to be an intelligent and

discreet citizen, without any sympathies with the abolitionists, and he

could read one of these pamphlets with as little injury to the public

welfare, as could this court and the many individuals to whom the

District Attorney had been reading them. If the traverser had been

criminal, Mr. Key had been still more so. If Dr. Crandall is punishable

for yielding a reluctant and hesitating consent to the request of

Mr. King to be allowed to take one of these pamphlets and read it, to

what condemnation has Mr. Key subjected himself by forcing these same

tracts, and particularly the worst passages he could select from them,

upon the attention of so many individuals?

But another ground had been taken against the traverser. He was charged

with being a northern man; a native of Connecticut, and a resident of

New York. Have we then, said Mr. Coxe, lived to see the day when in a

court of justice, in the federal city, under the very eyes of Congress,

and of the National Government, it can be urged against an individual

arraigned at the criminal bar, as a circumstance of aggravation, or as

a just ground for suspicion, that the individual comes from the North

or the South, from the East or the West? But we were told, that the

Northern men were interlopers and intruders amongst us. He protested

against the use of such language, especially in the District of

Columbia, which was dependant for its very existence upon the bounty

of Congress, and which owed so much to the liberal policy extended to

it by Northern men. Mr. C. admitted that there were in the North some

vile fanatics, who, under the guise of purity and zeal, had attempted

to scatter firebrands amongst us; men who propose to accomplish the

worst ends by the most nefarious means; men who, under the professions

of christian sympathy and humanity, seek to involve the South in all

the accumulated horrors of a servile war. These men were, however, few

in number and contemptible in resources. On the other hand, there were

men at the South who, for base motives, make themselves auxiliaries to

this excitement, and endeavor to alarm and agitate the people of the

South by misrepresentations of the general feeling and policy of the

people of the North. With neither of these two classes of fanatics had

the people of this District any common interest. As a citizen of this

District, he protested against making it the arena for the operations

of these incendiaries. It was for this jury to resist the first attempt,

now made, to render our courts of justice accessory to their designs.

He would demonstrate from the evidence that the traverser had no part

in producing the excitement which prevailed in this District during the

last summer. Dr. Crandall was not even the innocent cause of it. It

was an excitement got up against Crandall, and not by him. When the

constables went to his lodgings and office with their warrant, there was

no excitement nor commotion among the people. All was calm, and but for

the constables and their process, would have remained so. But they

published in the streets of Georgetown the nature and object of their

errand, and collected a number of individuals who were curious to see

the result of this extraordinary search. One of the constables, Jeffers,

after leaving the office of the traverser, goes to Linthicum's shop, and

there proclaims to the assembly that "they had found more than they

expected;" that "their hopes were more than realized." The constable

then goes on to proclaim that he had found a large number of incendiary

pamphlets, 150 or 160. Then ensued an excitement, and a cry was at once

heard, "carry him across the street and hang him to the tree!" Such was

the origin of the excitement which pervaded our community, and which the

District Attorney lays to the charge of the traverser.

The testimony was silent as to any act of publication by the traverser

of more than one of the publications referred to in the indictment, and

in that he was shown to have had no improper design. We were told,

however, that the possession was proof of criminal design. Was it to be

endured that, without authority of law, and contrary to all law, private

papers should thus be wrested from the possession of an individual,

and then be offered as a proof of malicious intent and malicious

publication? In any prosecution for a libel it was necessary to prove a

malicious publication. Malice may be inferred to an individual from the

simple act of publication. But in cases of seditious libel, it was

necessary, in order to infer malice, to prove that the publication was

made to such persons as that the public could be injured by it. His case

being destitute of such proof, the traverser was entitled to a verdict

in his favor. Mr. Coxe went into a minute examination of the testimony

to prove that the pamphlets were brought innocently and without intent

to circulate them. Those in the box were brought with other papers, and

were packed by a lady, for the purpose of wrappers, &c., for plants.

The pamphlets given to him in New York, by a person from whom he had

purchased a book, he had received without any knowledge of their

contents, and the package remained unopened in his trunk until it was

taken by the constables. No mischief had been produced; no insurrection

raised; no human being injured, except the unfortunate traverser

himself, whom, after an incarceration of eight months, the prosecutor

wishes you still further to punish. This was a reproach to our

community; a burlesque of our courts of justice; it had no support in

principle or reason. Was this the boasted intelligence, spirit, and

generosity of the South!

From a review of the testimony it would be found that the traverser

came into possession of the papers innocently; that he retained them

innocently; and that they were never distributed by him.

Mr. Coxe then proceeded to maintain, at length, that, granting the

publication, there was nothing in the quotations from the pamphlets

incorporated in the indictment from which a criminal intent could be

inferred. If there was no criminal matter in the extracts, then there

was no crime charged. He went on to prove that they did not contain a

single sentiment or expression on the subject of slavery, and its

political, moral, and social results, which had not also been used by

slaveholders; by the statesmen, and lawyers, and writers of the South.

Mr. Coxe proceeded to compare the language charged as seditious in the

indictment, with passages from colonization speeches made by Mr. Key

himself; by Mr. Archer, Mr. Custis, Bishop Smith, General Harper;

by Patrick Henry, in the Virginia Convention; Mr. Pinckney, in the

Legislature of New York; by Mr. Jefferson, in his notes on Virginia;

by Judge Tucker, in his notes to Blackstone's Commentaries; and by

other distinguished gentlemen at the South.

Neither he, nor the jury, nor the District Attorney, could distinguish

the language and sentiment of one of those parties from the other. If

there was any difference it was in this, that the northern publications

were somewhat more temperate than the others. The controversy which had

grown up between the rival Societies for Colonization and Abolition had

given birth to this excitement. Which of them was right, or whether they

were both right or wrong, was not now a matter in issue; but he would

allude to the fact that the sincerity and personal excellence of the

abolitionists had been warmly acknowledged by the amiable Secretary of

the Colonization Society, and by one of its most distinguished members

and friends, Mr. Gerrit Smith.

But the District Attorney denounced the Abolition Societies and

Dr. Crandall, whom he alleged to be a member of the American Abolition

Society. This assertion was unsupported by testimony, and untrue in

fact. One of the constables, indeed, had testified that Crandall, after

his arrest, admitted that he was a member of that society; but this was

disproved by all the other testimony in the case.

Mr. Coxe, without defending the Abolition Societies, here undertook to

prove, from various documentary evidence, that there was, after all, but

very little difference between the sentiments and objects of the

colonizationists and the abolitionists.

In conclusion, Mr. Coxe remarked, that if any the smallest injury had

resulted from the traverser's sojourn in this District, it was not his

fault. He was innocently occupied in professional pursuits, and was

quietly pursuing the even tenor of his way. Whatever excitement and

injury had grown out of his visit here was solely attributable to the

illegal course taken by the prosecutor in procuring his arrest and the

seizure of his papers, which were harmlessly reposing in his trunk.

With these remarks, and his thanks for the patient hearing afforded him

by the jury, Mr. Coxe submitted the case, with entire confidence, to

their hands.

The Trial of Reuben Crandall, M.D. Charged with Publishing and Circulating Seditious and Incendiary Papers, &c. in the District of Columbia, with the Intent of Exciting Servile Insurrection. Carefully Reported, and Compiled from the Written Statements of the Court and the Counsel. · 第 5 / 6 段