In August, 1804, a colored man about thirty-six years old waited upon
the committee of the Abolition Society, and stated that he was born a
slave to Pierce Butler, Esq., of South Carolina, and had always lived
in his family. During the last eleven years, he had resided most of the
time in Pennsylvania. Mr. Butler now proposed taking him to Georgia; but
he was very unwilling to leave his wife, she being in delicate health
and needing his support. After mature consideration of the case, the
committee, believing Ben was legally entitled to freedom, agreed to
apply to Judge Inskeep for a writ of _habeas corpus;_ and Isaac T.
Hopper was sent to serve it upon Pierce Butler, Esq., at his house in
Chestnut-street.
Being told that Mr. Butler was at dinner, he said he would wait in the
hall until it suited his convenience to attend to him. Mr. Butler was a
tall, lordly looking man, somewhat imperious in his manners, as
slaveholders are wont to be. When he came into the hall after dinner,
Friend Hopper gave him a nod of recognition, and said, "How art thou,
Pierce Butler? I have here a writ of _habeas corpus_ for thy Ben."
Mr. Butler glanced over the paper, and exclaimed, "Get out of my house,
you scoundrel!"
Feigning not to hear him, Friend Hopper looked round at the pictures and
rich furniture, and said with a smile, "Why, thou livest like a nabob
here!"
"Get out of my house, I say!" repeated Mr. Butler, stamping violently.
"This paper on the walls is the handsomest I ever saw," continued
Isaac. "Is it French, or English? It surely cannot have been
manufactured in this country." Talking thus, and looking leisurely about
him as he went, he moved deliberately toward the door; the slaveholder
railing at him furiously all the while.
"I am a citizen of South Carolina," said he. "The laws of Pennsylvania
have nothing to do with me. May the devil take all those who come
between masters and their slaves; interfering with what is none of their
business." Supposing that his troublesome guest was deaf, he put his
head close to his ear, and roared out his maledictions in stentorian
tones.
Friend Hopper appeared unconscious of all this. When he reached the
threshold, he turned round and said, "Farewell. We shall expect to see
thee at Judge Inskeep's."
This imperturbable manner irritated the hot-blooded slave-holder beyond
endurance. He repeated more vociferously than ever, "Get out of my
house, you scoundrel! If you don't, I'll kick you out." The Quaker
walked quietly away, as if he didn't hear a word.
At the appointed time, Mr. Butler waited upon the Judge, where he found
Friend Hopper in attendance. The sight of him renewed his wrath. He
cursed those who interfered with his property; and taking up the Bible,
said he was willing to swear upon that book that he would not take
fifteen hundred dollars for Ben. Friend Hopper charged him with
injustice in wishing to deprive the man of his legal right to freedom.
Mr. Butler maintained that he was as benevolent as any other man.
"Thou benevolent!" exclaimed Friend Hopper. "Why, thou art not even
just. Thou hast already sent back into bondage two men, who were legally
entitled to freedom by staying in Philadelphia during the term
prescribed by law. If thou hadst a proper sense of justice, thou wouldst
bring those men back, and let them take the liberty that rightfully
belongs to them."
"If you were in a different walk of life, I would treat your insult as
it deserves," replied the haughty Southerner.
"What dost thou mean by that? asked Isaac. Wouldst thou shoot me, as
Burr did Hamilton? I assure thee I should consider it no honor to be
killed by a member of Congress; and surely there would be neither honor
nor comfort in killing thee; for in thy present state of mind thou art
not fit to die."
Mr. Butler told the judge he believed that man was either deaf or crazy
when he served the writ of _habeas corpus_; for he did not take the
slightest notice of anything that was said to him. Judge Inskeep smiled
as he answered, "You don't know Mr. Hopper as well as we do."
A lawyer was procured for Ben; but Mr. Butler chose to manage his own
cause. He maintained that he was only a sojourner in Pennsylvania; that
Ben had never resided six months at any one time in that State, except
while he was a member of Congress; and in that case, the law allowed him
to keep his slave in Pennsylvania as long as he pleased. The case was
deemed an important one, and was twice adjourned for further
investigation. In the course of the argument, Mr. Butler admitted that
he returned from Congress to Philadelphia, with Ben, on the second of
January, 1804, and had remained there with him until the writ of _habeas
corpus_ was served, on the third of August, the same year. The lawyers
gave it as their opinion that Ben's legal right to freedom was too plain
to admit of any doubt. They said the law to which Mr. Butler had alluded
was made for the convenience of Southern gentlemen, who might need the
attendance of their personal slaves, when Congress met in Philadelphia;
but since the seat of government was removed, it by no means authorized
members to come into Pennsylvania with their slaves, and keep them there
as long as they chose. After much debate, the judge gave an order
discharging Ben from all restraint, and he walked off rejoicing.
His master was very indignant at the decision, and complained loudly
that a Pennsylvania court should presume to discharge a Carolinian
slave.
When Ben was set at liberty, he let himself to Isaac W. Morris, then
living at his country seat called Cedar Grove, three miles from
Philadelphia. Being sent to the city soon after, on some business for
his employer, he was attached by the marshall of the United States, on a
writ _De homine replegiando_, at the suit of Mr. Butler, and two
thousand dollars were demanded for bail. The idea was probably
entertained that so large an amount could not be procured, and thus Ben
would again come into his master's possession. But Isaac T. Hopper and
Thomas Harrison signed the bail-bond, and Ben was again set at liberty,
to await his trial before the Circuit Court of the United States.
Bushrod Washington, himself a slaveholder, presided in that court, and
Mr. Butler was sanguine that he should succeed in having Judge Inskeep's
decision reversed. The case was brought in October, 1806, before Judges
Bushrod Washington and Richard Peters. It was ably argued by counsel on
both sides. The court discharged Ben, and he enjoyed his liberty
thenceforth without interruption.