"Religious principle! Oh my God! That religious principle,

that for the sake of _an abstract right_ whose very exercise

were disastrous to the unprepared bondmen who inherit it,

would tear this blest confederacy in pieces, and deluge

these smiling plains in fraternal blood, and barter the

loftiest freedom that the world ever saw, for the armed

despotism of a great civil warfare! That religious principle

which, in disaster to man's last great experiment, would

fling the whole race back into the gloom of an older

barbarism--rearing out of the ruin of these free homes, the

thrones of a more adamantine despotism--freedom's beacons

all extinguished, and the whole race slaves. That religious

principle through which, losing sight of God's great purpose

of evangelizing the nations, [by American Slavery,] would

shatter the mightiest wheel in the mechanism of salvation,

and palsy the wing of God's preaching angel in its flight

through the skies.

"Alas--alas! ye that count as little this bond of blessed

brotherhood, wrought by our fathers' mighty hands and

bleeding hearts--we tell you, sorrowing and in tears, that

your pretence is foul hypocrisy. Ye have reversed the first

precept of the gospel, for your wisdom is a dove's, and your

harmlessness a serpent's. _Ye have not the first principle

within you either of religion or philanthropy, or common

human benevolence._ Your principle is the principle of Judas

Iscariot, and with the doom of the traitor ye shall go to

your own place."

"No, Sir--no, Sir," concludes the Senator thirsting for his

constituent's blood, "'There is no gospel in all this treasonable

fanaticism--for treason to my country is rebellion to my God.'"

Judge Grier charged the Jury;--but as _he stuck out from the

phonographer's report_--of which the proof-sheets were sent to

him--_the most offensive portion_, Gentlemen of the Jury, I shall not

be able to enlighten you with all the legal words of this "consummate

judge." So be content with the following Elegant Extracts.

"With the exception of a few individuals of perverted

intellect in some small districts or neighborhoods whose

moral atmosphere has been tainted and poisoned by male and

female vagrant lecturers and conventions, no party in

politics, no sect of religion, or any respectable numbers or

character can be found within our borders, who have viewed

with approbation or have looked with any other than feelings

of abhorrence upon this disgraceful tragedy."

"It is not in this Hall of Independence that meetings of

infuriated fanatics and unprincipled demagogues have been

held to counsel a bloody resistance to the laws of the land.

It is not in _this_ city that conventions are held

denouncing the Constitution, the Laws, and the Bible. It is

not _here_ that the pulpit has been desecrated by seditious

exhortations, teaching that theft [a man stealing his own

limbs and person from his 'lawful owner'] is meritorious,

murder [in self-defence killing a man-stealer] excusable,

and treason [opposition to the fugitive slave bill] a

virtue!"

"The guilt of this foul murder [the shooting of a kidnapper

by the men whom he intended for his victims, and whose

premises he invaded without due process of law, and with

armed force], rests not alone on the deluded individuals who

were its immediate perpetrators, but the blood taints with

even deeper dye the skirts of those who promulgated

doctrines subversive of all morality and all government,

[that is, of Slavery and the fugitive slave bill]."

"This murderous tragedy is but the necessary development of

principles and the natural fruit from seed sown by others

whom the arm of the law cannot reach," [such as the Authors

of the Declaration of Independence, and still more the

Author of the "Sermon on the Mount]."

"This [the slave clause of the Constitution] is the Supreme

law of the land, _binding ... on the conscience_ and conduct

of every individual citizen of the United States." "The

shout of disapprobation with which this [the fugitive slave

bill] has been received by some, has been caused ... because

it is an act which can be executed ... the real objection

... is to the Constitution itself, which is supposed to be

void in this particular, from the effect of some 'higher

law.' It is true that the number of persons whose

consciences affect to be governed by such a law [that is the

law of Natural Morality and Religion], is very small. But

there is a much larger number who take up opinions on

trust,--and have concluded this must be a very pernicious

and unjust enactment, for no other reason than because the

others shout their disapprobation with such violence and

vituperation."

"This law is Constitutional." "The question of its

Constitutionality is to be settled by the Courts, [fugitive

slave bill courts,] and not by conventions either of laymen

or ecclesiastics." "_We are as much bound to support this

law as any other._" "The jury should regard the construction

of the Constitution as given them by the court as to what is

the true meaning of the words _levying war_." "In treason

all are principals, and a man may be guilty of aiding and

abetting, though not present."

He spoke of those "associations, or conventions, which occasionally or

annually infest the neighboring village of West-Chester, for the

purpose of railing at and resisting the Constitution and laws of the

land [that is the fugitive slave bill and other laws which annihilate

a man's unalienable right to his liberty], and denouncing those who

execute them as no better than a Scroggs or a Jeffreys;--who stimulate

and exhort poor negroes to the perpetration of offences which they

know must bring them to the penitentiary or the gallows."

But he thought refusing to aid the deputy marshal in kidnapping was

not an act of levying war, or treason against the United States. "In

so doing he is not acting the part of an honest, loyal citizen [who

ought to do any wickedness which a bum-bailiff commands]; he may be

_liable to be punished for a misdemeanor for his refusal to

interfere_."

"But he thought the government was right "in procuring an

indictment for Treason." For "meetings had been held in many

places in the North, denouncing the law, and advising a

traitorous resistance to its execution: conventions of

infuriated fanatics had invited to acts of rebellion; and

even the pulpit had been defiled with furious denunciations

of the law, and exhortations to a rebellious resistance to

it.

"The government was perfectly justified in supposing that

this transaction was but the first overt act of a

treasonable conspiracy, extending over many of the Northern

States, to resist by force of arms the execution of this

article of the Constitution and the laws framed in pursuance

of it. In making these arrests, and having this

investigation, the officers of government have done no more

than their strict duty.

"The activity, zeal, and ability, which have been exhibited

by the learned Attorney of the United States, in endeavoring

to bring to condign punishment the perpetrators of this

gross offence, are deserving of all praise. _It has given

great satisfaction to the Court also, that the learned

Attorney-General of Maryland, and the very able counsel

associated with him_ [Senator Cooper of Pennsylvania] _have

taken part in this prosecution_."

In about fifteen minutes the Jury returned a verdict of "NOT

GUILTY."[180]

[Footnote 180: See Report of Trial of Castner Hanway, Phil. 1852.]

* * * * *

(4.) On the 29th of April, 1852, a man named William Smith was

arrested by Commissioner McAllister of Columbia, Pennsylvania, on

complaint of one Ridgeley of Baltimore. While in the custody of the

officers, Smith endeavored to escape, and Ridgeley drew a pistol and

shot him dead. The murderer escaped. No serious efforts were made by

the State authorities to bring that offender to justice. "He has the

same right to repossess his slave here as in his own State;" the same

right to kill him if he attempts to escape! Mr. Toombs is modest--but

we shall soon see the slaveholder not only sit down with his slaves at

the foot of Bunker Hill Monument, but _shoot them if they attempt to

run away_! Nay, Gentlemen, we shall see this Court defending the

slave-hunter's "privilege."

(5.) Here is another case, Gentlemen of the Jury, in which this same

Judge Grier appears, and with his usual humanity. This is a brief

account of the case of Daniel Kauffman. In 1852 he allowed a party of

fugitive slaves to pass the night in his barn, and gave them food in

the morning. For this he was brought before Judge Grier's court and

fined $2,800! It was more than his entire property. Gentlemen, there

are persons in this room who gave money to Mr. Kauffman, to indemnify

him for his losses; were not they also guilty of treason, at least of

a "misdemeanor?" They "evinced an express liking" for Freedom and

Humanity, not Slavery and bloodshed.

(6.) But here is yet one more,--which you shall have in the language

of another:--

"In a case of attempted Slave-catching at Wilkesbarre, in

Pennsylvania, the Deputy Marshal, Wyncoop and his

assistants, had behaved with such atrocious and abominable

cruelty, that the citizens felt that justice demanded their

punishment for the outrage. They were, accordingly, arrested

on a warrant issued by a most respectable magistrate, on the

oath of one of the principal inhabitants of the place. A

writ of habeas corpus was forthwith sued out, returnable

before Judge Grier. When the District Attorney, Ashmead,

moved the discharge of the relators, (which, it is needless

to say, was ordered,) Judge Grier delivered himself to the

following effect. 'If _habeas corpuses_ are to be taken out

after that manner, _I will have an indictment sent to the

United States Grand-Jury against the person who applies for

the writ, or assists in getting it, the lawyer who defends

it, and the sheriff who serves the writ_, to see whether the

United States officers are to be arrested and harassed

whenever they attempt to serve a process of the United

States.'"

2. Gentlemen of the Jury, you might suppose that love of liberty had

altogether vanished from the "Free" States, else how could such men

ride over the local law as well as natural justice? But I am happy to

find one case where the wickedness of the fugitive slave bill courts

was resisted by the people and the local judges--it is a solitary

case, and occurred in Wisconsin:--

"About the middle of March, 1854, a man named Joshua Glover,

was seized near Racine, in Wisconsin, as a Fugitive Slave.

His arrest was marked by the circumstances of cruelty and

cowardice which seem to be essential to the execution of

this Law above all others. He was brought, chained and

bleeding, to Milwaukee, where he was lodged in jail. As soon

as the news spread, an indignation, as general as it was

righteous, prevailed throughout the city. A public meeting

was forthwith called, and held in the open air, at which

several of the principal citizens assisted. Stirring

speeches were made, and strong resolutions passed, to the

effect that the rights of the man should be asserted and

defended to the utmost. Counsel learned in the law

volunteered, and all necessary process was issued, as well

against the claimant for the assault and battery, as in

behalf of the man restrained of his liberty. A vigilance

committee was appointed to see that Glover was not secretly

hurried off, and the bells were ordered to be rung in case

any such attempt should be made. But the people were not

disposed to trust to the operation of the Slave Law,

administered by United States Judges or Commissioners, and

they stepped in and settled the question for themselves in a

summary manner. A hundred men arrived, in the afternoon,

from Racine, the town from which the man had been kidnapped,

who marched in order to the jail. They were soon reinforced

by multitudes more, and a formal demand was made for the

slave. This being denied, an attack was made upon the door,

which was soon broken in, the man released, and carried back

in triumph to Racine, whence he was afterwards conveyed

beyond the jurisdiction of the star-spangled banner. A mass

convention of the citizens of Wisconsin was afterwards held

to provide for similar cases, should they occur, and a most

sound and healthy tone of feeling appears to have pervaded

that youthful commonwealth.

"After the rescue had been effected, the United States

Marshal arrested several persons for the offence of

resisting an officer in the discharge of his duties. Among

these was Mr. Sherman M. Booth, the editor of the Free

Democrat. When brought before a Commissioner, in the custody

of the Marshal, a writ of habeas corpus was sued out on his

behalf, and he was brought before Judge A.D. Smith, of the

Supreme Court. After a full hearing, Judge Smith granted him

his discharge, on the ground that the fugitive slave law

was unconstitutional. The Marshal then had the proceedings

removed by a writ of certiorari before a full bench of the

Supreme Court, when the decision of Judge Smith was

confirmed, and Mr. Booth discharged from custody.

Immediately afterwards, Judge Miller, of the United States

District Court, issued another warrant for the arrest of Mr.

Booth, making no mention of the fugitive slave act, but

directing his arrest to answer to a charge for abetting the

escape of a prisoner from the custody of the United States

Marshal. Another writ of habeas corpus was sued out, but it

was denied by the Supreme Court, on the ground that there

was nothing on the face of the record to bring it within

range of their former decision."

"In the mean time the United States Judge and Marshal were

busy in their vocation. It affirmed that the Grand-Jury was

packed in the most unblushing manner, until an inquest was

made up that would answer the purpose of the Government.

However this may have been, indictments were found in the

District Court, against Mr. Booth and several other persons.

A petty Jury selected with the same care that had been

bestowed on the composition of the Grand-Jury, convicted Mr.

Booth and Mr. Ryecraft. All the weight of the government was

thrown against the defendants. Special counsel were retained

to assist the District Attorney, the instructions of the

Court were precise and definite against them; all motions in

their behalf resting on the irregularities and injustices of

the proceedings were overruled. So were all motions

subsequent to the conviction for an arrest of judgment. They

were sentenced to fine and imprisonment--Mr. Booth to pay

one thousand dollars and costs, and to be imprisoned one

month, and Mr. Ryecraft to pay two hundred dollars, and to

be imprisoned for ten days. On these sentences they were

committed to jail. The public excitement in Milwaukee, and

throughout the State, was intense. It was with difficulty

that the people could be restrained from forcibly liberating

the prisoners. Fortunately there was no occasion for any

such extreme measures. They found protection, where it ought

to be found, in the constituted authorities of their State.

A writ of habeas corpus was issued in their behalf by the

Supreme Court, then sitting at Madison, the Capital of the

State, returnable before them there. Escorted by two

thousand of their fellow-citizens, thither, in charge of the

High Sheriff, they had a hearing at once. After full

deliberation, the Court unanimously ordered them to be

discharged. The majority of the Court made this decision on

the ground of the unconstitutionality of the fugitive slave

law, one Judge (Crawford) sustaining the law, but concurring

in the order on the ground that no offence, under that Act,

was charged in the indictment. So the prisoners were

discharged, and brought home in triumph."

Gentlemen, that matter will be carried up to the Supreme Court of the

United States, and you may yet hear the opinion of the Hon. Associate

Justice Curtis, for which let us wait with becoming reverence.

* * * * *

3. Here is the case of Mr. Sloane, which happened in the State of

Ohio.

In October, 1852, several colored persons were about leaving Sandusky

in a steamer for Detroit, when they were seized and taken before Mr.

Follet, mayor of the city, and claimed as fugitive slaves. This

seizure was made by the city marshal and three persons claiming to act

for the owners of the slaves.

After the colored persons were brought before the mayor, their friends

engaged Mr. Rush R. Sloane to act as counsel in their defence. He

demanded of the mayor and the claimants by what authority the

prisoners were detained. There was no reply. He then asked, whether

they were in the custody of a United States Marshal or Commissioner.

Again there was no reply. He next called for any writs, papers, or

evidences by which they were detained. Still there was no answer. He

then said to his clients, "_I see no authority to detain your colored

friends._"

At that time some one near the door cried out, "Hustle them out," and

soon the crowd and the alleged fugitives were in the street. Then one

of the claimants said to Mr. Sloane, "I own these slaves; they are my

property, and I shall hold you individually liable for their escape."

_These were the first and only words he spoke to Mr. Sloane, and then

not until the black men were in the street._

In due time Mr. Sloane was arrested for resisting the execution of the

fugitive slave bill, though he had _only acted as legal counsel for

the alleged slaves and had offered no resistance to the law, by deed,

or word, or sign_.

He was brought to trial at Columbus. Before the jurors were sworn they

were all asked "whether they had any conscientious scruples against

the fugitive slave law, and would hesitate to convict under it." If

they said "Yes," they were rejected. Thus a jury was packed for the

purpose, and the trial went on. Thirteen unimpeached witnesses deposed

to the facts stated before, while the slave claimant had no evidence

but the _city marshal_ of Sandusky--the Tukey of that place--and _two

of the three slave-catchers_--who swore that they had with them

_powers of attorney for the seizure of twenty-four slaves_.

Gentlemen, such was the action of the court, and such the complexion

of the packed jury, that Mr. Sloane was found "guilty." The Judge,

Hon. Mr. Leavitt, refused to sign a bill of exceptions, enabling him

to bring the matter before the Supreme Court. Mr. Sloane was sentenced

to pay a fine of $3,000, and $930 _as costs of court_! Such was the

penalty for a lawyer telling his clients that he saw no authority to

detain them,--after having three times demanded the authority, and

none had been shown!

* * * * *

4. Gentlemen of the Jury, I now come to cases which have happened in

our own State,--in this city. Some alarm was felt as soon as Mr.

Mason's fugitive slave bill was proposed in the Senate. But men said,

"No northern man will support it. There is much smoke and no fire."

But when on the 7th of March, 1850, Mr. Webster adopted the bill, and

promised to defend it and the amendments to it, "with all its

provisions to the fullest extent;" when he declared that Massachusetts

would execute the infamous measure "with alacrity"--then not only

alarm but indignation took possession of northern breasts. The friends

of Slavery at Boston must do all in their power to secure the passage

of the bill, the prosperity of its adoptive father, and its ultimate

enforcement--the kidnapping of men in Massachusetts. Here are the

measures resorted to for attaining this end.

i. A meeting was called at the Revere House, that Mr. Webster might

defend his scheme for stealing his constituents and putting himself

into the Presidency.

ii. A public letter was written to him approving of his attempts to

restore man-stealing, and other accompaniments of slavery, to the free

States. This letter declared the "deep obligations" of the signers

"for what this speech has done and is doing;" "we wish to thank you,"

they say, "for recalling us to our duties under the constitution;"

"you have pointed out to a whole people the path of duty, have

convinced the understanding, and touched the conscience of the

nation;" "we desire, therefore, to express to you our entire

concurrence in the sentiments of your speech." This letter was dated

at Boston, March 25th, 1850, and received 987 signatures, it is said.

iii. When the bill became an Act of government, a hundred cannons, as

I have before stated, were fired on Boston Common in token of joy at

the restoration of slavery to our New England soil.

iv. Articles were written in the newspapers in defence of kidnapping,

in justification of the fugitive slave bill. The _Boston Courier_ and

_Boston Daily Advertiser_ gave what influence they had in support of

that crime against America.

v. Several ministers of Boston came out and publicly, in sermons in

their own pulpits, defended the fugitive slave bill, and called on

their parishioners to enforce the law!

Gentlemen of the Jury, need I tell you of the feelings of the

Philanthropists of Boston,--of the colored citizens who were to be the

victims of this new abomination! Within twenty-four hours of its

passage more than thirty citizens of Boston, colored citizens, fled in

their peril to a man whose delight it is to undo the heavy burthens

and let the oppressed go free. While others were firing their joyful

cannon at the prospect of kidnapping their brothers and sisters,

Francis Jackson helped his fellow Christians into the ark of

Deliverance which he set afloat on that flood of Sin. Gentlemen, he is

here to-day--he is one of my bondsmen. There are the others--this

venerable gentleman [Samuel May], this steadfast friend [John R.

Manley.]

vi. It was not long before the kidnappers came here for their prey.

(1.) I must dwell a moment on the first attempt. Gentlemen of the

Jury, you know the story of William and Ellen Craft. They were slaves

in Georgia; their master was said to be a "very pious man," "an

excellent Christian." Ellen had a little baby,--it was sick and ready

to die. But one day her "owner"--for this wife and mother was only a

piece of property--had a dinner party at his house. Ellen must leave

her dying child and wait upon the table. She was not permitted to

catch the last sighing of her only child with her own lips; other and

ruder hands must attend to the mother's sad privilege. But the groans

and moanings of the dying child came to her ear and mingled with the

joy and merriment of the guests whom the mother must wait upon. At

length the moanings all were still--for Death took a North-side view

of the little boy, and the born-slave had gone where the servant is

free from his master and the weary is at rest--for _there_ the wicked

cease from troubling. Ellen and William resolved to flee to the North.

They cherished the plan for years; he was a joiner, and hired himself

of his owner for about two hundred dollars a year. They saved a little

money, and stealthily, piece by piece, they bought a suit of

gentleman's clothes to fit the wife; no two garments were obtained of

the same dealer. Ellen disguised herself as a man, William attending

as her servant, and so they fled off and came to Boston. No doubt

these Hon. Judges think it was a very "immoral" thing. Mr. Curtis

knows no morality here but "legality." Nay, it was a wicked thing--for

Mr. Everett, a most accomplished scholar, and once a Unitarian

minister, makes St. Paul command "SLAVES, obey your masters!" Nay,

Hon. Judge Sprague says it is a "precept" of our "Divine Master!"

The Trial of Theodore Parker For the "Misdemeanor" of a Speech in Faneuil Hall against Kidnapping, before the Circuit Court of the United States, at Boston, April 3, 1855, with the Defence · 第 18 / 28 段