MISS CRANDALL’S TRIAL.

On the 23d of August, 1833, the first trial of Prudence Crandall for

the _crime_ of keeping a boarding-school for colored girls in the State

of Connecticut, and endeavoring to give them a good education,--the

first trial for _this crime_,--was had in Brooklyn, the seat of the

county of Windham, within a stone’s throw of the house where lived

and died General Israel Putnam, who, with his compatriots of 1776,

perilled his life in defence of the self-evident truth that “all men

were created _equal_, and endowed by their Creator with the inalienable

right to life, liberty, and the pursuit of happiness.” It was had at

the County Court, Hon. Joseph Eaton presiding.

The prosecution was conducted by Hon. A. T. Judson, Jonathan A. Welch,

Esq., and I. Bulkley, Esq. Miss Crandall’s counsel were Hon. Calvin

Goddard, Hon. W. W. Ellsworth, and Henry Strong, Esq.

The indictment of Miss Crandall consisted of two counts, which amounted

to the same thing. The first set forth, in the technical terms of the

law, that “with force and arms” she had received into her school; and

the second, that, “with force and arms,” she had instructed certain

colored girls, who were not inhabitants of the State, without having

first obtained, in writing, permission to do so from the majority

of the civil authority and selectmen of the town of Canterbury, as

required by the law under which she was prosecuted.

Mr. Judson opened the case. He, of course, endeavored to keep out of

sight the most odious features of the law which had been disobeyed

by Miss Crandall. He insisted that it was only a wise precaution to

keep out of the State an injurious kind of population. He urged that

the public provisions for the education of all the children of the

inhabitants of Connecticut were ample, generous, and that colored

children belonging to the State, not less than others, might enjoy the

advantages of the common schools, which were under the supervision

and control of proper officials in every town. He argued that it was

not fair nor safe to allow any person, without the permission of such

officials, to come into the State and open a school for any class of

pupils she might please to invite from other States. He alleged that

other States of the Union, Northern as well as Southern, regarded

colored persons as a kind of population respecting which there should

be some special legislation. If it were not for such protection as the

law in question had provided, the Southerners might free all their

slaves, and send them to Connecticut instead of Liberia, which would

be overwhelming. Mr. Judson denied that colored persons were citizens

in those States, where they were not enfranchised. He claimed that

the privilege of being a freeman was higher than the right of being

educated, and asked this remarkable question: “Why should a man be

educated who could not be a freeman?” He denied, however, that he was

opposed to the improvement of any class of the inhabitants of the land,

if their improvement could be effected without violating any of the

provisions of our Constitution, or endangering the union of the States.

His associates labored to maintain the same positions.

These positions were vigorously assailed by Mr. Ellsworth and Mr.

Strong, and shown to be untenable by a great array of facts adduced

from the history of our own country, of the opinions of some of the

most illustrious lawyers and civilians of England and America, and of

arguments, the force of which was palpable.

Nevertheless, the Judge saw fit, though somewhat timidly, in his charge

to the Jury, to give it as his opinion that “the law was constitutional

and obligatory on the people of the State.”

The Jury, after an absence of several hours, returned into court, not

having agreed upon a verdict. They were instructed on some points, and

sent out a second, and again a third time, but with no better success.

They stated to the Court that there was no probability they should

ever agree. Seven of them were for conviction, and five for acquittal.

So they were discharged.

Supposing that this result operated as a continuance of the case to the

next term of the County Court, to be held the following December, a

few days after the trial I went with my family to spend several weeks

with my friends in Boston and the neighborhood. But much to my surprise

and discomfort, the last week in September, just as I was starting

off to deliver an antislavery lecture, at a distance from Boston, I

received the information that the persecutors of Miss Crandall, too

impatient to wait until December for the regular course of law, had

got up a new prosecution of her, to be tried on the 3d of October,

before Judge Daggett of the Supreme Court, who was known to be hostile

to the colored people, and a strenuous advocate of the Black Law. It

was impossible for me so to dispose of my engagements that I could get

back to Brooklyn in time to attend the trial. I could only write and

instruct the counsel of Miss Crandall, in case a verdict should be

obtained against her, to carry the cause up to the Court of Errors.

The second trial was had on the 3d of October; the same defence as

before was set up, and ably maintained. But Chief Justice Daggett’s

influence with the Jury was overpowering. He delivered an elaborate

and able charge, insisting upon the constitutionality of the law; and,

without much hesitation, the verdict was given against Miss Crandall.

Her counsel at once filed a bill of exceptions, and an appeal to the

Court of Errors, which was granted. Before that--the highest legal

tribunal in the State--the cause was argued on the 22d of July, 1834.

The Hon. W. W. Ellsworth and the Hon. Calvin Goddard argued against

the constitutionality of the Black Law, with very great ability and

eloquence. The Hon. A. T. Judson and the Hon. C. F. Cleaveland said all

that perhaps could be said to prove such a law to be consistent with

the Magna Charta of our Republic. All who attended the trial seemed to

be deeply interested, and were made to acknowledge the vital importance

of the question at issue. Most persons, I believe, were persuaded that

the Court ought to and would decide against the law. But they reserved

the decision until some future time. And that decision, I am sorry to

say, was never given. The Court evaded it the next week by finding

that the defects in the information prepared by the State’s Attorney

were such that it ought to be quashed; thus rendering it “unnecessary

for the Court to come to any decision upon the question as to the

constitutionality of the law.”

Whether her persecutors were or were not in despair of breaking down

Miss Crandall’s school by legal process, I am unable to say, but they

soon resorted to other means, which were effectual.

Some Recollections of Our Antislavery Conflict · 第 14 / 79 题