THE FUGITIVE SLAVE LAW MEETING.

"The call for a meeting of the opponents of the fugitive slave law, at

Faneuil Hall, last night, collected a large audience, comprising a

considerable number of colored people. There were about three hundred

colored females in the galleries. The meeting was called to order by

Francis Jackson, and organized as follows:--Charles Francis Adams,

President; Samuel E. Sewall, Gershom B. Weston, Francis Jackson, and

Timothy Gilbert, Vice Presidents; J. W. Stone, and J. W. Thornton,

Secretaries.

"Upon taking the chair, Mr. Adams delivered a carefully prepared

address, in which he maintained that the law was repugnant to the spirit

of our institutions and the constitution, and fraught with as much

danger to free colored people as to fugitives.

"He was followed by Frederick Douglass, who described the consternation

the law had created among the colored people, free and fugitive, and

said that he knew of hundreds of both classes who were fleeing to

Canada. The free colored people were in fear of seizure by conspiring

complainants, aided by perjured affidavits.

"Richard H. Dana, Jr., after expressing regret that the meeting was not

made up of somewhat different material, of the leading men in all

branches of business, and of men of property and reputed respectability,

read a long letter from Josiah Quincy, senior, declaring against the

law, but at the same time expressing his belief that there was no real

ground for alarm, for, in his opinion, the enforcement of the law in

Massachusetts would prove to be impracticable.

"At the request of the President, Mr. Dana also read a series of

resolutions, author unknown, declaring that the moral sense of the

individuals composing the meeting, revolted against the law; denouncing

it as contradictory to the declaration of independence, and inconsistent

with the purposes of the constitution, and in direct violation of its

habeas corpus provision, and the right of the people to be secure from

unreasonable seizure, &c.; that the meeting could not believe that any

citizen of Boston and its vicinity could be so destitute of love of his

country and of his race, or devoid of a sense of justice, as to take

part in returning a fugitive; and that all present pledge themselves to

endeavor to aid and cooperate with all colored people endangered by the

law.

"Speeches were made by Wendell Phillips, James W. Briggs, of Ohio,

Charles Remond, and the Rev. Mr. Colver. The resolutions were adopted,

as a matter of course. The last one provided "for a committee of

vigilance to secure the fugitives and colored inhabitants of Boston and

vicinity from any invasion of their rights by persons acting under the

law," and the committee was styled and made up as follows:--"

The last resolution provides for a committee, of which Charles G. Davis

was one. Now I admit that Mr. Davis was in Syracuse, at the time. But he

admits that he volunteered upon his return. Why didn't he publicly

disclaim any assent to these proceedings? And if he did not, is he not

to be presumed to have assented? I want the public to know whether Mr.

Davis and those associated with him, abide by the doctrines avowed in

Faneuil Hall.

The Statute provides that whoever has been engaged in aiding, abetting,

or assisting, _directly or indirectly_, is criminal. I shall contend

that the defendant is directly implicated. He is more or less

implicated, in the opinions which have been promulgated, and from his

conversations with Mr. Riley. What next? He comes and asks whether a

certain man is a Southern man. Why? Is not a Southern man to go into a

United States Court? Has it come to this?

Mr. Davis then says to Sawin, "this is a d--d nasty piece of business,"

in the presence of the prisoner. He knew that such an expression was

calculated to have two effects; first, to discourage the officer,--and

secondly, to encourage and excite the prisoner. This was an indirect

aiding,--connecting it with the subsequent escape. He uses language of a

very unusual and violent character afterwards.

For some unaccountable reason Mr. Davis remains here; for it is

unaccounted for. Was he counsel?

I maintain he was not counsel. Mr. Riley did not know he was counsel

when he asked Shadrach in Wright's presence if Davis was counsel. Riley

didn't know it then. Shadrach appeared to be in doubt about it.

(It was suggested that there was no such evidence.)

What was he waiting for? What single thing did he do as counsel?

Mr. Lunt here reviewed the evidence of the transactions in the court

room more minutely. Davis pushed the door and stuck his back against the

post. One expression, "Take him out, boys," is the natural expression of

a stranger. The other words testified to by others were, "take him out."

He goes down, and does not interfere, according to his own statement. He

shows no disposition to prevent a rescue.

The Commissioner inquires whether not interfering may not be indirectly

aiding and abetting.

_Mr. Lunt._ I am not ready to take that ground at present.

_The Commissioner._ He is undoubtedly liable, as a magistrate, and

subject to a fine of $300.

Mr. Lunt reviews the evidence of what took place in the entry, argues

that Mr. Homer could not have seen the whole disturbance, says that as a

professional man, he can't say it is proved beyond a reasonable doubt,

that Mr. Davis uttered the words "take him out, boys," and does not

think they would satisfy a jury, taken by themselves. But there was

reasonable cause for binding him over. Mr. Prescott shakes my confidence

in my preconceived opinions upon the subject, as to whether Davis went

out or not. I did not think before that Davis went out. Mr. Prescott

cannot be mistaken. Mr. Prescott's testimony is not met by the negative

testimony of Mr. Riley, for it was impossible that Mr. Riley could have

constantly watched the left hand or easterly door, while talking with

others or disputing with Mr. Wright. If he did go out then, he had an

opportunity to concert a signal with the colored men without.

Mr. Lunt argued to show the intenseness of Mr. Davis's interest and zeal

in opposition to the law, that it was avowed by him under oath upon the

stand; that showed his predisposition and excited state of mind upon the

subject, and the greater liability of his being betrayed into an act of

overt resistance to the law, if an opportunity occurred. This excited

state of mind continued in the court room, as was proved by his

addressing the officers in the abusive and sanguinary terms used by him.

Up to the moment of leaving the court room, and when expostulated with

by the officer, for saying he and others ought to have their throats

cut, he admitted that he had said so, and that he said so again. Clark

and Hutchins heard the cry--"Take him out boys;" and Byrnes, whose eye

was fixed on Mr. Davis, was certain that they came from him.

The words were uttered. He was in that peculiar state of mind, which

rendered such words the natural expression of his feelings, and they

were in perfect accordance with the general purpose of resistance to the

law publicly promulgated by his associates and co-laborers, who had been

formed into an organized body in this city. He did not content himself

with going out when Hutchins opened the door for him. He braced his back

against the door-post, and pushed against the door to open it wider.

Then came the cry--"Take him out, boys!" And Byrnes had sworn it came

from Mr. Davis. Connected with Mr. Davis's leaving the room was another

significant fact. Almost at the moment that he, quitting that part of

the room where the fugitive was, started to go out, the fugitive rose,

put on his coat, and appearing to be excited, walked forward, just as

the first cry was raised.

Mr. Davis lingers on the stair-case, and goes to his office, not knowing

or caring, he would have us suppose, what had been the issue. Upon this

evidence, it seems to me a clear case for holding the party over for

further examination and trial.

* * * * *

_Wednesday, Feb. 26._ Upon the opening of the Court the Commissioner

delivered his decision.

He commenced by stating the offence under the statute with which the

defendant is charged, and stated that he should confine himself

principally to the question whether the defendant was aiding or abetting

the person who had been arrested, and that the legal decisions upon the

construction of the statute were merely for the purposes of this

examination. The Commissioner then reviewed the evidence as to the

expressions of the defendant in the court room, and stated that it had

been proved that the defendant said the officers of the Court ought to

have their throats cut. No notice was taken in the opinion of the

evidence of Geo. W. Minns, Esq. The following extracts are made from the

opinion of the Commissioner.

"The defendant has also volunteered the statement in this court, when

called as a witness in the preceding examination, that he was glad the

prisoner was free, and when further questioned, he left it unexplained

whether that opinion also embraced the unlawful means that had been

used."

"These facts have a legal bearing upon the _animus_, the wilful intent

with which any act may have been done, by the defendant to aid in the

rescue; and I should fail in the duty of a magistrate at this time, and

under all the circumstances surrounding this examination, to permit to

pass unrebuked any manifestation of a resistance to or contempt of legal

process, especially when coming from intelligent citizens and men in

official positions, whose countenance or encouragement may have

involved, and may again involve, the excitable and less informed in an

open violation of law. At the same time there is a plain distinction as

to the penal consequences, between a moral and a legal aiding or

abetting; and holding throughout these examinations, as I trust I may be

enabled to do, an impartial as well as a firm hand, care shall be taken

not to confound an indiscretion or a moral perversion, or any mere

expression of opinion, however gross, with a wilful act constituting

legal guilt. I fully recognise the doctrine suggested in the defence, of

the largest liberty within law, and also the right of the people to make

or amend constitutions and laws, by all constitutional means or reserved

powers."

* * * * *

"But so far as the defendant is here proved to have done any act, there

is no evidence which connects him criminally with a preconcerted plan of

rescue; and I take pleasure in adding that the conduct of the defence by

the learned counsel, and his testimony and disavowals, have greatly

aided me in coming to that conclusion." * * *

"Of this preliminary point of the evidence I do not find an aiding or

abetting within the provisions of the statute. But, in connection with

what immediately followed in the passing of the defendant out at the

door, the exclamation supposed by one witness to have come from him, his

position and his hand upon the door, immediately followed by the rush of

the rioters who surrounded it, and the absence of all evidence of

attempt on the part of the defendant to prevent the rescue, it

presented, on the part of the evidence for the prosecution, a strong

case of probable cause, that made it the duty of the district attorney

to bring the party to an examination. But in the view I take of a

preliminary inquiry in this form, and especially where not only the

evidence that would come before a grand jury, but the defence is gone

into, testimony stronger than probable cause should appear, in order to

hold the party to a trial." * * *

"Then is that proof found in the acts of the defendant as he passed out

of the door, in themselves or in their connection with his preceding

declarations and conduct?"

The Commissioner then reviewed the evidence of Mr. Byrnes, and come to

the conclusion that taking it as it stands it does not satisfactorily

prove that the defendant uttered the words ascribed to him. * * *

"The only other evidence refers to the manner the defendant went out of

the door. Hutchins, who passed him out, says that the defendant turned

his back to the wall, the outer corner of the casement, instead of going

directly forward, and put his head on the outer door, and then it

started and was forced open. This act, as it was exhibited to the

Commissioner, by the witness, is not inconsistent with the explanation

that it was the result of the rush and pressure without, and the force

there applied to the door; and if the attack was unexpected by the

defendant, his neglect to interpose resistance to the forcing of the

door, or to aid the officers, which it was his duty to have done, and

which, it has been urged by the district attorney for the prosecution,

with much force in the argument, may have been caused from sudden

surprise or agitation. And even if, as the previous and subsequent

conduct of the defendant might lead to infer, was a wilful omission of

duty, especially in a magistrate, yet, if unaccompanied by any act or

expression, aiding in, or inciting to the rescue, and in the absence of

a call from a proper officer for assistance, it is not the distinct

offence charged in the complaint, or defined in the statute; and the

party, if answerable, is so in another form and tribunal. It is further

to be considered, as suggested by the counsel for the defence, that the

decision in this hearing is not final, or in any legal form conclusive,

and as the defendant has a permanent locality, leaves the inquiry open

elsewhere, should this evidence or further proof require it. Upon the

whole evidence, therefore, and applying the rule which should govern

preliminary examinations, of not binding over a party accused, without

testimony beyond that which might constitute legal probable cause for

his arrest and examination, I shall order that the defendant be

discharged."

The commissioner now addressed the defendant personally, and

said--"Charles G. Davis, the court order you to be discharged, and go

without day."

Act of Congress of 1850.

AN ACT TO AMEND, AND SUPPLEMENTARY TO THE ACT, ENTITLED "AN ACT

RESPECTING FUGITIVES FROM JUSTICE, AND PERSONS ESCAPING FROM THE SERVICE

OF THEIR MASTERS," APPROVED FEBRUARY 12, 1793.

_Be it enacted by the Senate and House of Representatives of the United

States of America in Congress assembled_, That the persons who have

been, or may hereafter be, appointed commissioners, in virtue of any act

of Congress, by the circuit courts of the United States and who, in

consequence of such appointment, are authorized to exercise the powers

that any justice of the peace or other magistrate of any of the United

States may exercise in respect to offenders for any crime or offence

against the United States by arresting, imprisoning, or bailing the same

under and by virtue of the thirty-third section of the act of the

twenty-fourth of September, seventeen hundred and eighty-nine, entitled,

"An act to establish the judicial courts of the United States," shall

be, and are hereby authorized and required to exercise and discharge all

the powers and duties conferred by this act.

SEC. 2. _And be it further enacted_, That the superior court of each

organized territory of the United States shall have the same power to

appoint commissioners to take acknowledgments of bail and affidavit, and

to take depositions of witnesses in civil causes, which is now possessed

by the circuit courts of the United States; and all commissioners who

shall hereafter be appointed for such purposes by the superior court of

any organized territory of the United States shall possess all the

powers and exercise all the duties conferred by law upon the

commissioners appointed by the circuit courts of the United States for

similar purposes, and shall moreover exercise and discharge all the

powers and duties conferred by this act.

SEC. 3. _And be it further enacted_, That the circuit courts of the

United States, and the superior courts of each organized territory of

the United States, shall from time to time enlarge the number of

commissioners, with a view to afford reasonable facilities to reclaim

fugitives from labor, and to the prompt discharge of the duties imposed

by this act.

SEC. 4. _And be it further enacted_, That the commissioners above named

shall have concurrent jurisdiction with the judges of the circuit and

district courts of the United States, in their respective circuits and

districts within the several States, and the judges of the superior

courts of the Territories, severally and collectively, in term time and

vacation; and shall grant certificates to such claimants, upon

satisfactory proof being made, with authority to take and remove such

fugitives from service or labor, under the restrictions herein

contained, to the State or Territory from which such persons may have

escaped or fled.

SEC. 5. _And be it further enacted_, That it shall be the duty of all

marshals and deputy marshals to obey and execute all warrants and

precepts issued under the provisions of this act, when to them directed;

and should any marshal or deputy marshal refuse to receive such warrant

or other process, when tendered, or to use all proper means diligently

to execute the same, he shall, on conviction thereof, be fined in the

sum of one thousand dollars to the use of such claimant, on the motion

of such claimant, by the circuit or district court for the district of

such marshal; and after arrest of such fugitive by such marshal or his

deputy, or whilst at any time in his custody, under the provisions of

this act, should such fugitive escape, whether with or without the

assent of such marshal or his deputy, such marshal shall be liable, on

his official bond, to be prosecuted for the benefit of such claimant,

for the full value of the service or labor of said fugitive in the

State, Territory, or district whence he escaped; and the better to

enable the said commissioners, when thus appointed, to execute their

duties faithfully and efficiently, in conformity with the requirements

of the constitution of the United States and of this act, they are

hereby authorized and empowered, within their counties respectively, to

appoint in writing under their hands, any one or more suitable persons,

from time to time, to execute all such warrants and other process as may

be issued by them in the lawful performance of their respective duties;

with an authority to such commissioners, or the persons to be appointed

by them, to execute process as aforesaid, to summon and call to their

aid the bystanders, or _posse comitatus_ of the proper county, when

necessary to insure a faithful observance of the clause of the

constitution referred to, in conformity with the provisions of this act;

and all good citizens are hereby commanded to aid and assist in the

prompt and efficient execution of this law, whenever their services may

be required, as aforesaid, for that purpose; and said warrants shall run

and be executed by said officers anywhere in the State within which they

are issued.

SEC. 6. _And be it further enacted_, That when _a person held to service

or labor in any State or_ Territory of the United States has heretofore

or shall hereafter escape into another State or Territory of the United

States, the person or persons to whom such service or labor may be due,

or his, her, or their agent or attorney, duly authorized, by power of

attorney, in writing, acknowledged and certified under the seal of some

legal office or court of the State or Territory in which the same may be

executed, _may pursue and reclaim such fugitive person_, either by

procuring a warrant from some one of the courts, judges, or

commissioners aforesaid, of the proper circuit, district or county, for

the apprehension of such fugitive from service or labor, or by seizing

and arresting such fugitive where the same can be done without process,

and by taking and causing such person to be taken forthwith before such

court, judge or commissioner, whose duty it shall be to hear and

determine the case of such claimant in a summary manner; and upon

satisfactory proof being made, by deposition or affidavit, in writing,

to be taken and certified by such court, judge, or commissioner, or by

other satisfactory testimony, duly taken and certified by some court,

magistrate, justice of the peace, or other legal officer authorized to

administer an oath and take depositions under the laws of the State or

Territory from which _such person owing service or labor_ may have

escaped, with a certificate of such magistracy or other authority, as

aforesaid, with the seal of the proper court or officer thereto

attached, which seal shall be sufficient to establish the competency of

the proof, and with proof also by affidavit, of the identity of the

person whose service or labor is claimed to be due as aforesaid, that

the person so arrested does in fact owe service or labor to the person

or persons claiming him or her, in the State or Territory from which

such fugitive may have escaped as aforesaid, and that said person

escaped, to make out and deliver to such claimant, his or her agent or

attorney, a certificate setting forth the substantial facts as to the

service or labor due from such fugitive to the claimant, and of his or

her escape from the State or Territory in which such service or labor

was due to the State or Territory in which he or she was arrested, with

authority to such claimant, or his or her agent or attorney, to use such

reasonable force and restraint as may be necessary under the

circumstances of the case, to take and remove such fugitive person back

to the State or Territory from whence he or she may have escaped as

aforesaid. In no trial or hearing under this act shall the testimony of

such alleged fugitive be admitted in evidence; and the certificates in

this and the first section mentioned shall be conclusive of the right of

the person or persons in whose favor granted to remove such fugitive to

the State or Territory from which he escaped, and shall prevent all

molestation of said person or persons by any process issued by any

court, judge, magistrate, or other person whomsoever.

SEC. 7. _And be it further enacted_, That any person who shall knowingly

and willingly obstruct, hinder, or prevent such claimant, his agent or

attorney, or any person or persons lawfully assisting him, her, or them,

from arresting _such fugitive from service or labor_, either with or

without process as aforesaid; or shall rescue, or attempt to rescue,

_such fugitive from service or labor_, from the custody of such

claimant, his or her agent or attorney, or other person or persons

lawfully assisting as aforesaid, when so arrested, pursuant to the

authority herein given and declared; or shall aid, abet, or assist such

person, so owing service or labor as aforesaid, directly or indirectly,

to escape from such claimant, his agent or attorney, or other person or

persons, legally authorized as aforesaid; or shall harbor or conceal

such _fugitive_, so as to prevent the discovery and arrest of such

person, after notice or knowledge of the fact that such person was a

fugitive from service or labor as aforesaid, shall, for either of said

offences, be subject to a fine not exceeding one thousand dollars and

imprisonment not exceeding six months, by indictment and conviction

before the district court of the United States for the district in which

such offence may have been committed, or before the proper court of

criminal jurisdiction, if committed within any one of the organized

Territories of the United States; and shall moreover forfeit and pay, by

way of civil damages to the party injured by such illegal conduct, the

sum of one thousand dollars for _each fugitive so lost_ as aforesaid, to

be recovered by action of debt in any of the district or territorial

courts aforesaid, within whose jurisdiction the said offence may have

been committed.

SEC. 8. _And be it further enacted_, That the marshals, their deputies,

and the clerks of the said district and territorial courts, shall be

paid for their services the like fees as may be allowed to them for

similar services in other cases; and where such services are rendered

exclusively in the arrest, custody, and delivery of the fugitive to the

claimant, his or her agent or attorney, or where such supposed fugitive

may be discharged out of custody for the want of sufficient proof as

aforesaid, then such fees are to be paid in the whole by such claimant,

his agent or attorney; and in all cases where the proceedings are before

a commissioner, he shall be entitled to a fee of ten dollars in full for

his services in each case, upon the delivery of the said certificate to

the claimant, his or her agent or attorney; or a fee of five dollars in

cases where the proof shall not, in the opinion of such commissioner,

warrant such certificate and delivery, inclusive of all services

incident to such arrest and examination, to be paid in either case by

the claimant, his or her agent or attorney. The person or persons

authorized to execute the process to be issued by such commissioners for

the arrest and detention of fugitives from service or labor as

aforesaid, shall also be entitled to a fee of five dollars each for each

person he or they may arrest and take before any such commissioner as

aforesaid at the instance and request of such claimant, with such other

fees as may be deemed reasonable by such commissioner for such other

additional services as may be necessarily performed by him or them: such

as attending to the examination, keeping the fugitive in custody, and

providing him with food and lodging during his detention, and until the

final determination of such commissioner: and in general for performing

such other duties as may be required by such claimant, his or her

attorney or agent, or commissioner in the premises; such fees to be made

up in conformity with the fees usually charged by the officers of the

courts of justice within the proper district or county, as near as may

be practicable, and paid by such claimants, their agents or attorneys,

whether such supposed fugitive from service or labor be ordered to be

delivered to such claimants by the final determination of such

commissioners or not.

SEC. 9. _And be it further enacted_, That upon affidavit made by the

claimant of such fugitive, his agent or attorney, after such certificate

has been issued, that he has reason to apprehend that such fugitive will

be rescued by force from his or their possession before he can be taken

beyond the limits of the State in which the arrest is made, it shall be

the duty of the officer making the arrest to retain such fugitive in his

custody, and to remove him to the State whence he fled, and there to

deliver him to said claimant, his agent or attorney. And to this end the

officer aforesaid is hereby authorized and required to employ so many

persons as he may deem necessary, to overcome such force, and to retain

them in his service so long as circumstances may require; the said

officer and his assistants, while so employed, to receive the same

compensation, and to be allowed the same expenses as are now allowed by

law for the transportation of criminals, to be certified by the judge of

the district within which the arrest is made, and paid out of the

treasury of the United States.

SEC. 10. _And be it further enacted_, That when any person held to

service or labor in any State or Territory, or in the District of

Columbia, shall escape therefrom, the party to whom such service or

labor shall be due, his, her, or their agent or attorney, may apply to

any court of record therein, or judge thereof in vacation, and make

satisfactory proof to such court, or judge in vacation, of the escape

aforesaid, and that the person escaping owed service or labor to such

party. Whereupon the court shall cause a record to be made of the

matters so proved, and also a general description of the person so

escaping, with such convenient certainty as may be; and a transcript of

such record authenticated by the attestation of the clerk, and of the

seal of the said court, being produced in any other State, Territory, or

District in which the person so escaping may be found, and being

exhibited to any judge, commissioner, or other officer authorized by the

law of the United States to cause persons escaping from service or labor

to be delivered up, shall be held and taken to be full and conclusive

evidence of the fact of escape, and that the service or labor of the

person escaping is due to the party in such record mentioned. And upon

the production by the said party of other and further evidence, if

necessary, either oral or by affidavit, in addition to what is contained

in the said record, of the identity of the person escaping, he or she

shall be delivered up to the claimant. And the said court, commissioner,

judge, or other person authorized by this act to grant certificates to

claimants of fugitives, shall, upon the production of the record and

other evidences aforesaid, grant to such claimant a certificate of his

right to take any such person identified and proved to be owing service

or labor as aforesaid, which certificate shall authorize such claimant

to seize or arrest and transport such person to the State or Territory

from which he escaped: _Provided_. That nothing herein contained shall

be construed as requiring the production of a transcript of such record

as evidence as aforesaid; but in its absence, the claim shall be heard

and determined upon other satisfactory proofs competent in law.

HOWELL COBB,

_Speaker of the House of Representatives._

WILLIAM R. KING.

_President of the Senate, pro tempore._

Approved September 18th, 1850.

Report of the Proceedings at the Examination of Charles G. Davis, Esq., on the Charge of Aiding and Abetting in the Rescue of a Fugitive Slave: Held in Boston, in February, 1851. · 第 20 / 21 题