THE FOREIGN SLAVE.

Early in the year of 1808, a Frenchman arrived in Philadelphia from one

of the West India Islands, bringing with him a slave, whom he took

before one of the aldermen, and had him bound to serve him seven years

in Virginia. When the indenture was executed, he committed his bondman

to prison, for safe-keeping, until he was ready to leave the city. One

of the keepers informed Isaac T. Hopper of the circumstance, and told

him the slave was to be carried South the next morning.

Congress had passed an Act prohibiting the importation of slaves, which

was to begin to take effect at the commencement of the year 1808. It

immediately occurred to Friend Hopper that the present case came within

the act; and if so, the colored man was of course legally entitled to

freedom. In order to detain him till he could examine the law, and take

advice on the subject, he procured a warrant for debt and lodged it at

the prison, telling the keeper not to let the colored man go till he had

paid his demand of a hundred dollars.

When the Frenchman called for his slave next morning, they refused to

discharge him; and he obtained a writ of _habeas corpus_, to bring the

case before the mayor's court. Friend Hopper was informed that the slave

was on trial, that the Recorder did not think it necessary to notify

him, and had made very severe remarks concerning the fictitious debt

assumed for the occasion. He proceeded directly to the court, which was

thronged with people, who watched him with lively curiosity, and made a

lane for him to pass through. Mahlon Dickinson, the Recorder, was in the

act of giving his decision on the case, and he closed his remarks by

saying, "The conduct of Mr. Hopper has been highly reprehensible. The

man is not his debtor; and the pretence that he was so could have been

made for no other reason but to cause unnecessary delay, vexation, and

expense." The lawyers smiled at each other, and seemed not a little

pleased at hearing him so roughly rebuked; for many of them had been

more or less annoyed by his skill and ready wit in tangling their

skein, in cases where questions of freedom were involved. Friend Hopper

stood before the Recorder, looking him steadfastly in the face, while he

was making animadversions on his conduct; and when he had finished, he

respectfully asked leave to address the court for a few minutes.

"Well, Mr. Hopper," said the Recorder, "what have you to say in

justification of your very extraordinary proceedings?"

He replied, "It is true the man is not my debtor; but the court has

greatly erred in supposing that the step I have taken was merely

intended to produce unnecessary delay and expense. The Recorder will

doubtless recollect that Congress has passed an act prohibiting the

introduction of foreign slaves into this country. It is my belief that

the case now before the court is embraced within the provisions of that

act. But I needed time to ascertain the point; and I assumed that the

man was my debtor merely to detain him until the Act of Congress could

be examined."

Jared Ingersoll, an old and highly respectable lawyer, rose to say, "May

it please your honors, I believe Mr. Hopper is correct in his opinion. A

National Intelligencer containing the Act of Congress is at my office,

and I will send for it if you wish." The paper was soon brought, and

Friend Hopper read aloud the section which Mr. Ingersoll pointed out;

placing strong emphasis on such portions as bore upon the case then

pending. When he had concluded, he observed, "I presume the court must

now be convinced that the censures so liberally bestowed on my conduct

are altogether unmerited."

The counsel for the claimant said a newspaper was not legal evidence of

the existence of a law. Friend Hopper replied, "The court is well aware

that I am no lawyer. But I have heard lawyers talk about _prima facie_

evidence; and I should suppose the National Intelligencer amounted at

least to that sort of evidence, for it is the acknowledged organ of

government, in which the laws are published for the information of

citizens. But if that is not satisfactory, I presume the court will

detain the man until an authenticated copy of the law can be obtained."

After some discussion, the court ordered a copy of the law to be

procured; but the attorney abandoned the case, and the slave was set at

liberty.

As soon as this decision was announced, the throng of spectators, white

and colored, began to shout, "Hurra for Mr. Hopper!" The populace were

so accustomed to see him come off victorious from such contests, that

they began to consider his judgment infallible.

Many years afterward, when Friend Hopper met Mahlon Dickinson on board

a steam-boat, he inquired whether he recollected the scolding he gave

him on a certain occasion. He replied pleasantly, "Indeed I do. I

thought I _had_ you that time, and I intended to give it to you; but you

slipped through my fingers, as usual."

Isaac T. Hopper: A True Life · 第 43 / 67 题