"What wouldst thou think of such testimony in case of thy own daughter?"
rejoined Friend Hopper. "There is very little difference between her
complexion and that of the woman now standing before thee."
He made no reply, but over-ruled the objection to the evidence. He
consented, however, to postpone the case three days, to give time to
procure testimony in her favor.
Isaac W. Morris soon after called upon Friend Hopper and said, "Mary has
acknowledged to us that her name is Fanny, and that she belongs to Mrs.
Sears. My family are all very much attached to her, and they cannot bear
the thought of her being carried away into slavery. I will advance three
hundred dollars, if thou wilt obtain her freedom."
Friend Hopper accordingly called upon Mrs. Sears, and after stipulating
that nothing said on either side should be made use of in the trial, he
offered two hundred dollars for a deed of manumission. The offer was
promptly rejected. After considerable discussion, three hundred and
fifty dollars were offered; for it was very desirable to have the case
settled without being obliged to resort to an expensive and uncertain
process of law. Mrs. Sears replied, "It is in vain to treat with me on
the subject; for I am determined not to sell the woman on any terms. I
will take her back to Maryland, and make an example of her."
"I hope thou wilt find thyself disappointed," rejoined Friend Hopper.
The slaveholder merely answered with a malicious smile, as if perfectly
sure of her triumph.
Finding himself disappointed in his attempts to purchase the woman,
Friend Hopper resolved to carry the case to a higher court, and
accumulate as many legal obstructions as possible. For that purpose, he
obtained a writ _De homine replegiando_, and when the suitable occasion
arrived, he accompanied Mary Holliday to the mayor's office, with a
deputy sheriff to serve the writ. When the trial came on, he again urged
the insufficiency of proof brought by the claimant. The mayor replied,
in a tone somewhat peremptory, "I have already decided that matter. I
shall deliver the slave to her mistress."
Friend Hopper gave the sheriff a signal to serve the writ. He was a
novice in the business, but in obedience to the instructions given him,
he laid his hand on Mary's shoulder, and said, "By virtue of this writ,
I replevin this woman, and deliver her to Mr. Hopper."
Her protector immediately said to her, "Thou canst now go home with me."
But her mistress seized her by the arm, and said she should _not_ go.
The mayor was little acquainted with legal forms, beyond the usual
routine of city business. He seemed much surprised, and inquired what
the writ was.
"It is a _homine replegiando_," replied Friend Hopper.
"I don't understand what that means," said the mayor.
"It is none the less powerful on that account," rejoined Friend Hopper.
"It has taken the woman out of thy power, and delivered her to another
tribunal."
During this conversation, the mistress kept her grasp upon Mary. Friend
Hopper appealed to the mayor, again repeating that the girl was now to
await the decision of another court. He accordingly told Mrs. Sears it
was necessary to let her go. She asked what was to be done in such a
case. The mayor, completely puzzled, and somewhat vexed, replied
impatiently, "I don't know. You must ask Mr. Hopper. His laws are above
mine. I thought I knew something about the business; but it seems I
don't."
Mary went home with her protector, and Mrs. Sears employed Alexander J.
Dallas as counsel. The case was kept pending in the Supreme Court a long
time; for no man understood better than Friend Hopper how to multiply
difficulties. Mrs. Sears frequently attended, bringing witnesses with
her from Maryland; which of course involved much trouble and expense.
After several years, the trial came on; but it was found she had left
some of her principal witnesses at home. Most of the forenoon was spent
in disputes about points of law, and the admissibility of certain
evidence. The court then adjourned to three in the afternoon.
Mrs. Sears was informed that even if the court adjudged Mary to be her
slave, Friend Hopper would doubtless fail to produce her, and they would
be compelled to go through another process to recover from him the
penalty of the bond. She had become exceedingly weary of the law, the
trouble and expense of which had far exceeded her expectations. She
therefore instructed her lawyer to try to effect a compromise. Friend
Hopper, being consulted for this purpose, offered to pay two hundred and
fifty dollars for Mary if the claimant would pay the costs. She accepted
the terms, well pleased to escape from further litigation.
When the court met in the afternoon, they were informed that the matter
was settled; and the jury with consent of parties, rendered a verdict
that Mary was free. By her own earnings, and donations from sympathizing
friends, she gradually repaid Isaac W. Morris three hundred dollars
toward the sum he had advanced for the expenses of her trial.
In his efforts to protect the rights and redress the wrongs of colored
people, Friend Hopper had a zealous and faithful ally in Thomas
Harrison, also a member of the Society of Friends. When recounting the
adventures they had together, he used to say, "That name excites
pleasant emotions whenever it occurs to me. I shall always reverence his
memory. He was my precursor in Philadelphia, as the friend of the slave,
and my coadjutor in scores of cases for their relief. His soul was
always alive to the sufferings of his fellow creatures, and dipped into
sympathy with the oppressed; not that idle sympathy that can be
satisfied with lamenting their condition, and make no exertions for
their relief; but sympathy, like the apostle's faith, manifesting itself
in works, and extending its influence to all within its reach."
Thomas Harrison was a lively, bustling man, with a roguish twinkle in
his eye, and a humorous style of talking. Some Friends, of more quiet
temperaments than himself, thought he had more activity than was
consistent with dignity. They reminded him that Mary sat still at the
feet of Jesus, while Martha was "troubled about many things."
"All that is very well," replied Thomas; "but Mary would have had a late
breakfast, after all, if it had not been for Martha."
From among various anecdotes in which Friend Harrison's name occurs, I
select the following: