THE TRIAL OF THE CASES, 1848.

To the Editor of the Commercial:

Your admirable and interesting sketch of the career of the late

Thomas Garrett contains one or two statements, which, according

to my recollection of the facts, are not entirely accurate, and

are perhaps of sufficient importance to be corrected.

The proceedings in the U.S. Circuit Court were not public

prosecutions or indictments, but civil suits instituted by the

owners of the runaway slaves, who employed and paid counsel to

conduct them. An act of Congress, then in force, imposed a

penalty of five hundred dollars on any person who should

knowingly harbor or conceal a fugitive from labor, to be

recovered by and for the benefit of the claimant of such

fugitive, in any Court proper to try the same; saving, moreover,

to the claimant his right of action for or on account of loss,

etc.; thus giving to the slave-owner two cases for action for

each fugitive, one of debt for the penalty, and one of trespass

for damages.

There were in all seven slaves, only the husband and father of

the family being free, who escaped under the friendly help and

guidance of Mr. Garrett, five of whom were claimed by E.N.

Turner, and the remaining two by C.T. Glanding, both claimants

being residents of Maryland.

In the suits for the penalties, Turner obtained judgment for

twenty-five hundred dollars, and Glanding, one for one thousand

dollars. In these cases the jury could give neither less nor

more than the amount of the penalties, on the proper proof being

made. Nor in the trespass case did the jury give "larger damages

than were claimed." A jury sometimes does queer things, but it

cannot make a verdict for a greater sum than the plaintiff

demands; in the trespass cases, Glanding had a verdict for one

thousand dollars damages, but in Turner's case only nine hundred

dollars were allowed, though the plaintiff sued for twenty-five

hundred.

It is hardly true to say that any one of the juries was

_packed_, indeed, it would have been a difficult matter in that

day for the Marshal to summon thirty sober, honest, and

judicious men, fairly and impartially chosen from the three

counties of Delaware, who would have found verdicts different

from those which were rendered. The jury must have been fixed

for the defendant to have secured any other result, on the

supposition that the testimony admitted of any doubt or

question, the anti-slavery men in the state being like Virgil's

ship-wrecked mariners, very few in number and scattered over a

vast space.

What most redounds to the honor and praise of Mr. Garrett, in

this transaction, as a noble and disinterested philanthropist

is, that after the fugitives had been discharged from custody

under the writ of _habeas corpus_, and when he had been advised

by his lawyer, who was also his personal friend, to keep his

hands off and let the party work their own passage to a haven of

freedom, not then far distant, or he might be involved in

serious trouble, he deliberately refused to abandon them to the

danger of pursuit and capture. The welfare and happiness of too

many human beings were at stake to permit him to think of

personal consequences, and he was ready and dared to encounter

any risk for himself, so that he could insure the safety of

those fleeing from bondage. It was this heroic purpose to

protect the weak and helpless at any cost, this fearless

unselfish action, not stopping to weigh the contingencies of

individual gain or loss, that constitutes his best title to the

gratitude of those he served, and to the admiration and respect

of all who can appreciate independent conduct springing from

pure and lofty motives. He did what he thought and believed to

be right, and let the consequences take care of themselves. He

never would directly or otherwise, entice a slave to leave his

master; but he never would refuse his aid to the hunted, panting

wretch that in the pursuit of happiness was seeking after

liberty. And who among us is now bold enough to say, that in all

this he did not see clearly, act bravely, do justly, and live up

to the spirit of the sacred text:--"Whatsoever ye would that men

should do to you, do ye even so to them?"

The Underground Railroad A Record of Facts, Authentic Narratives, Letters, &c., Narrating the Hardships, Hair-Breadth Escapes and Death Struggles of the Slaves in Their Efforts for Freedom, As Related by Themselves and Others, or Witnessed by the Author. · 第 941 / 1043 题