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The Vermont freeman. [volume] (Montpelier, Vt.) 1842-1843, December 10, 1842, Image 1

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Vol. I. MQNTPELIER, VT., SATU RD AY, 1) E C E M BE RAO, 1 84 2. - - - " No. 5.
" 1 .HIS -
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romth. Emancipator and Free A' jia t iAaw
We did not intend to divide Mr. Austin' most preg
nant and useful communication. The closing para
graphs were omitted by a casual error of the printers.
We now give the portion, with the accompanying re
marks, and ask for all our historical compilations a most
diligent consideration.
Coscn'siot or Mr. AnsTi's Statement
At about ten o'clock on that night, $400 was
paid U Mr. Co;Iidge, and Latimer was made a
free man.
There are several suggestions which naturally
arise on this statement of the facts.
The first is, that hy the order of the Sheriff
to the Jailor, no fugitive slave can ever be de
tained in and removed from this city under the
present provisions of the laws of the United
State. So far, then, this case is highly impor
tant in its results.
It has been asserted frequently, that Mr. Gray
had refused, from time to time, various sums of
money, for Latimer. I can only say, that no di
rect, positive offer has ever, to my knowledge,
been made to Mr. Gray, except that made at
South Boston, being a check for $690. In the
next place, Mr. Gray did not come here to sell
this m in. lie came here under the mistaken
belief that the laws of the United States were
sufficiently explicit to enable him to obtain, in a
legal manner, that which, by the Constitution of
the United Slates, is made property.
In regard to the standing and character o
Mr. Gray, as this statement is prepared without
his knowledge, I feel that I have a right to say
something. Mr. Gray is a young man, who, hy
his own exertions, has earned in a legitimate
mercantile business, a competence. lie is
married man, with a family of children, ind he
enjoys the respect and esteem ot the citizens o
IN or folk. He is no "slave breeder v.r slave
dealer," as has been basely asserted ; but under
the laws of his native State, he holds to his ser
vice an I labor, some three or four person to as
'i3it hi n in carrying on his business. He came
heru a stranger, to prosecute a claim made lega
by ilia Uousiitutiou and statutes ol the vuitei
strictly according to law. and S.f. has not nlerited
nor deserved the opprobrious epithets and abuse
whicli have been heaped upon him through some
of the presses and by some of the citizens of this
Neither is it true that Mr. Gray has been the
representative of any portion of the Southern
population. He has pro-ecuted this claim so'ely
on his own account, and without the pecuniary
assistance o'' any one.
I cannot close this statement without a single
remark in my own behalf.
I have acted in this matter throughout in my
professional capacity. I have no more favorable
opinion of the institution of slavery, than the
most ardent of those who seek its immediate
abolishment but I have yet to learn that the
counselling and advising of a stranger, in the
exercise of his Constitutional privileges, is a
crime. I have no feeling in this matter no ill
feeling to those who, under the shield of anony
mous newspaper communications, misrepresent
my motives and conduct and no feeling of re
gret that Latimer is a free man. I could have
wished, however, that his emancipation had been
effected in a different manner.
It may or may not be thduty of the citizens
of the North to observe the compact entered into
by their ancestors, with the inhabitants of the
South, in regard to slavery but bad as is this
institution, and great as is the curse it brings on
the n it ion, I am one of those who think that the
dismemberment of the Union would not accom
plish the end proposed, or favorably affect any
portion of the country and that, as long a.- we
are a united people, the citizens of the South,
whenever they seek to enforce their rights, are
entitled to the services of those persons who,
by education, are qualified to advise them how
to observe the provisions of the Constitution and
Laws of their country. E. G. Austin.
19 Court street, Nor. 21st, 1812.
21. It seems clear that the $400 was obtained wrong
fully and fraudulently, and we should like to hear an
argument pro and con., before the proper tribunal, to
see whether the transaction is what is technically cilled
obtaining money Dy laise pretences. jiihk who pum
the money acted under an apprehension that Latimer
might be spirited away. Coolidge obtained it und.-r
Austin's injunction to get as much as he could. Per
haps it can be recovered back.
2"2. Mr. Austin's conclusion that now 44 no fugitive
slave can ever be detained in and removed from this
city, under the present provisions of the laws of the
United States," proves what we have always main
tained, that those laws are a nullity, for the laws now
are the same that they always were, and hence a slave
never could be removed under their provisions, and all
that have been removed were taken, as Latiiner would
have been but for the interftrtntt, that is, by willing
tools here supplying by their zeal the defects ia the
law. Whether there exists any process by which the
wrongs thus committed on the innocent and helpless
can be redressed, we are nnable to say. A reckoning
may came, one day, which will surprise many.
23. The correction of Mr. Gray's mistaken belief
that the laws of the United States were sufficiently ex
plicit to enable him to obtain in a legal manner " pos
session of a man to be made a slave in Massachusetts,
has been rather an expensive process, both to Gray and
to the people of Massachusetts ; but we are of opinion
that, in this ease, bought wit is worth its cost.
24. It will be' well for Mr. Austin if he wishes to
retain the name of a lawyer, to rid himself as soon as
possible of the phantasy that a slave is 44 by the Consti
tution of the United States made property." It is an
error very dangerous in its influence, and yet too fool
ish to be advocated in Massachusetts.
25. Would Mr. Austin please to be a little more ex
plicit in regard to the 44 legitimate mercantile business'
by which Mr. Gray has become so rich? We recollect
hearing a most brilliant argument, once, from the At
torney General of Massachusetts, to prove that 44 Dea
GileV Distillery was gitimate business," and that
therefore it was a crime for a certain dreamer to attempt
to excite odium against him; but we do not think it
would be so easy now to satisfy the people that rum
selling is very respectable.
26. If Mr. Gray's claim was 44 made legal by the Con
stitution and Statutes of the United Slates," how did
he happen to fail of his suit ? Are there wrongs her
which have no remedies? We take it, the claim is a
mere creature of law, and that if the law has not sus
tained it, it is no claim.
27. The people ol the South will not fail to observe
Mr. Austin's anxiety to convince the people of Massa
chusetts that he h;ts not been guilty of a 41 crime."
That he has committed a great mistake, which will
warn not only him but every other lawyer that values
the good opinion of his fellow men, is admitted if he
will only consent to say it is not a 44 CRIME." We
will never mollify the word. If it was his ignorance,
he knows that 44 ignorance of the law is no excuse for
crime." It was his business to know, that slavery it
self is a crime, and that every act abetting slavery is a
crime also. And if he, and the Sheriff, and Jailor
Coolidge have chosen to shut their ears to the instruc
tion on this subject with which the abolitionists for ten
years have filled the air, they shall not now shield them
selves under the plea ihat they did not know any bet
ter. If they do not want to hear anything said about
it, let them move away, out of Boston. Here they will
be uncomfortable as long as they and slavery live.
27. The insinuation that the people of Massachu
setts are failing 44 to observe the compact entered into
by their ancestors," is repelled with indignation. Let
Mr. Austin point to a single clause which has been bro
ken. We have given them all their rights, but we
have put a stop to their wrongs. The roused spirit of
Liberty among the people, wiser than our lawyers and
more upright than our judges, has decided the question
beyond the reach of all casuistry. A Daniel has come
to judgment, and the remorseless bondholder has been
decreed his pound of flesh, taken nearest our heart,
but bid beware how he spills one drop of Massachu
setts blood, or takes the value of a hair that 44 is not in
the bond."
There are some important omissions in Mr. Austin's
statement, notwithstanding its fulness. He has thought
proper to pass over in silence the extraordinary pro
ceedings connected with the charge made by himself
on oath against Latimer, of larceny in this Common
wealth, and the equally unjustifiacle refusal of officer
Coburn to make actual service of the first Habeas Cor
pus upon the b dy of Latimer at the time he was re
quired by Mr. Merrill to take him. It is of the utmost
consequence to the vitality of the Hub. Corp. process,
that this latter transaction should be duly noticed, oth
erwise the door will be left open fur the most horrid
transactions, if officers are allowed a discretion in de
laying the service of such a writ. These and one or
two other important points will be found set in a clear
light in the following article, taken from the Latimer
Journal. We have no doubt that this statement is per
fectly reliable, in all its parts and details.
From the Latimer Journal, Nor. 16.
About 4 o'clock in the afternoon, on the 19th
of October last, two gentlemen called on Messrs.
Merrill and Ellis, at their office, 10 Court street,
and stated to them that George Latimer, a young
man of color, h id just been seized and impris
oned, without warrant, in the lock-up under the
Court house, by constables Lormg and Board
man, acting under the direction of one James
B Gjl-iv "! Norfolk, in the State of Virjiui:
who r. I J,UieU UTTTTTOTas IliS iu if i v e si ft fl" J
il ' ' T
at the same time charged him with having c
mined larceny in that place: that great appre-
heusion existed lest Gray should run h.m oil out
of the Commonwealth, under cover of the night,
without due process of law and before any in
vestigation of the matter could be made, and
that Latimer, who proclaimed himself free and
innocent, wished to retain them as counsel, and
desired them in his behalf immediately to appiy
for a writ of habeas corpus to ascertain the
cause of his unlawful detention, and also to
bring an action in nis name, against uray, tor
the slander of calling him a slave and a thief.
Accordingly a writ against Gray wherein the Whatever defidenc.es or errors exist in Mr. Austin's
damages were laid at $6,000, was placed in the "count of the final issue, will be supplied by the fol-
hands of Mr. Deputy Tarbell, with orders to lowing eloquent narration, on which we should like to
hold Gray to bail thereon, but Gray, as he was make manJ comments and inferences did time and
nowhere to be found, was not arrested that 8Pace allow.
liiuht. From the Latimer Journal, Nov. 23.
Application being also made to Chief Justice OUR TRIUMPH.
Shaw by the petition of Latimer through his The old Bay State has gained a most glori
counsel, his Honor, wilh the advice of all the ous yet bloodless victory. Mr. Gray has gone
Judges, issued a writ of habeas corpus directed back to tell Virginia that henceforth in Massa
to the Sheriff of the County of Suffolk an 1 his chusetts no jail will be opened at the slave-hold-deputies,
directing them to take the body of hi's bidding. The means by which this victory
Latimer, said then to be unlawfully imprisoned was gained were various. A fortnight ago we
and restrained of his liberty by one Loring and thought a miracle would he performed before the
Boardrnan, or some other person, to him (Lati- prison doors would be opened. After the de
mer) unknown, and bring him before the .fus- obion of Judge Shaw at Leverett-street j ail, and
tices of the Supreme Judicial Court at Boston Latimer was remanded to prison, we fedt in
forthwith, and to summon the person so detain- utter despair. Massachusetts law lay powerless
ing hint to appear before the said Justices and before a slave-catching constitution. Judge
show the day and cause of his taking and deten- Shaw had submitted to the tyrant. We saw
tion. fire and bloodshed threatened in every direction,
In the mean time, E G. Austin, Esq., on be- both in the city and country. From one town
half of Gray, had sworn to a complaint before an offer of five hundred muskets was made ; in
the Police Court, charging Latimer with hating
committed larceny within this Commonwealth,
and in pursuance of a warrant issued thereupon,
one Jonas Stratton, a constable, had taken Lat-
imer into custody.
I he writ ot habeas corpus having been ue-
livered to Deputy Sheriff Coburn with orders
to take the body of Latimer immediately, he, Some thought, and truly, so far as we can judge,
accompanied by Mr. Merrill, at about 7 o'clock that if three-pence a pound produced a revolu
in the evening, proceeded to the lock-up under tion, the liberties of Massachusetts trampled up-
the Court House, where they touna fijgQn.
Mr. Coburn then asked Stratton if Latfnier'was
in his custody, and informed him thai he had
writ of habeas corpus for Latimer. With some we can assure them Latimer never would have
hesitancy, Stratton replied, "1 believe you'll been carried off unless at the point of the bayo
have to give it to the jailor;" but in a moment net. Feeling that bloodshed would be a dread
after he said to Coburn, "I wish to see you ful termination ; knowing too, from the history
alone," and took him into an adjoining room, of all mobs, that, though sometimes commenced
where they were some time together. At length for really good purposes, they rarely cease with
Mr. Merrill went in also ; upon which Mr. Co- success in their, object, but roll onward and
burn said, "Mr. Merrill, I would as lief you bring ruin where there was originally no inten-
would know as not;" and they then stated to
him that Stratum held Latimer under a warrant
from the Police Court, and that there was no
possibility ot Latimer's being hurried oil that
night by Gray. Mr. Merrill asked Stratton if
Latimer was Arf, to Which he would give no
definite reply, and thereupon Mr. Merrill said
to Mr. Coburi1, "I am satisfied that Latimer is
now here, and 1 direct you in pursuance of the
order of the Chief Justice as set forth in the
wnt to take Latimer immediately into your cus
tody." Mr. Coburn replied, that he had served
a great many writs ot habeas corpus, that he
understood all about it, that it was a sufficient
service to summon the person detaining . Lati
mer, and that he would arrange it with Stratton
to have Latimer forthcoming at the proper time.
This did not satisfy Mr. Merrill, who still re
quired Mr. Coburn to take Latimer from the
custody of Stratton, according to the exigency
of the writ, but, in plain disobedience thereto,
Coburn neglected so to take and Stratton so to
deliver up Latimer ; A service py summons
was afterwards on the pame night, however,
made by Mr. Coburn and Stratton who held Lat
imer wrongfully after the service of the" habeas
corpus and committed him to the County jail,
of which NathanUl Colidge. it keeper; which
commitment, although made under color of law,
was tortion on the part of Stratton, and unlaw
ful, and, there being as yet no authority from
Gray, the master, to either of them, they were
The next morning, in the Police Court, the
examination of Latimer on the charge of larceny
within the Commonwealth, wa, by agreement
between Mr. Austin and S. E. Sewall, Esq., who
had been employed as assistant counsel for Lat
imer, ordered to be continued until after the
hearing on the habeas corpus.
Afterwards, on the same morning, in a con
versation with Mr. Austin, Mr Merrill incident
ally remarked that the complaint entered by him
(Austin) against Latimer, was for larceny within
the Commonwealth. Mr. Austin replied that
there was no such complaint; that the one he
had made was for larceny in the State of Vir
ginia, and for being a fugitive from justice there
from. Being assured, however, that the com
plaint was for larceny within this Commonwealth,
he went with Mr. M. to the Police Court, and,
addressing the Clerk, said,' .""Mr. Power, did
you understand me to enter a compltiut against
Latimer for larceny ';tlH this Commonwealth ?"
'"Certainly," said Mr. Power. "I never enter
ed such a complaint in the world," said Mr.
Austin To this, however, Mr. Power replied
by a shrug of the shoulders, and by producing
the written complaint, duly sworn to by Mr.
Austin, who then staled to the Court, that it had
never entered into his mind to make such a
charge against Latiiner ; that the complaint he
had actually made was for larceny in Virginia,
and being a fugitive from justice therefrom ; that
the whole matter was a mistake of the Clerk's.
After this statement from the complainant, Mr.
Merrill moved the Court lo dismiss this com
plaint, and discharge Latimer, since there was
now no complaint against him. The learned
Justice of the Police Court doubtingly bserved,
that it was not the practice there to hear a mo
tion for dismissal, until the officer made his re
turn on the warrant, as if the whole proceedings
so commenced by mistake were not illegal and
com, and it was not the duty of the Court to
quash them instantly. Stratton, the officer, was
then called upon, in Court, to make his return,
which he promptly declined to do. A motion
was then made lor a rule of Court on Stratton
to make his return forthwith, in order that a
motion for Latimer's discharge might be duly
made, but the Justice passed no such rule out,
and thought proper to suffer Stratton to take his
own time.
Thereupon Mr. Merrill, on the ground of Mr.
Austin's statement, moved the Court to order
nolle prosequi (that the complainant desires not
to prosecute,) to be entered on this complaint;
but the same learned Justice seemed lo think
that such a motion ought to come from the com
)lainant, as if the complainant's statement that
the whole matter was a mistake, and that he had
no idea of making such a charge, was not such
a request to the Court, and did not make it the
impirative duty of the Court to make such en
try so that Latimer was kept in prison still
longer by the connivance of the Police Court,
until a new complaint could be made and a mw
warrant issued against him, on the charge of
larceny m Virginia, and being a fugitive from
justice. Before L itimer was taken in custody
i 4 vilrll nail) .jinvniilnt lwftiVtor t r D.illlltV
TJTuj 1 7l7"i yv trTmT o ft he w r itbr Ii a;);:is C4pus,'
aoruiri made a demand on Stratton, and also On
Coolid-e, the jailor, for the body of Latimer,
)llt he was ,ielvered up hy lieit,er.
In the afternoon of the second day 20th a
new complaint having been entered by Mr. A.,
and a new warrant despatched for the incar
cerated Latimer. Mr. A. and the Justice very
kindly condescended to have the first complaint
dismissed, and it was dismissed accordingly.
We have now given a statement of the pro-
ceedings down to the time of the hearing on the
Jai)e;is Corpus,
the city, notes of warning in the form of clubs
and bowie knives were heard in various quar
hers. There was but one feeling amongst a
large portion of the community it was "deep
and strong it said in half-muttered, half-savage
tones, ' The slave never shall leave Boston even
if to gain that end our streets pour with blood
on by our highesttunctionaries called for
great sacrifices as were made in'former times.
a Some of our city friends may smile at all this, but
tion to destroy we shrunk from doing any
thing to excite these revolutionary feelings, but
on the contrary, endeavored to bring forward
more peaceful principles. One of us, a fort
night since, consulted a lawyer in. regard to the
purchase of Latimer. This was done on his
own responsibility. A correspondence took
place between this lawyer and ; E. G, Austin,
I but Mr. A. s answer was couched in such Ian-
guage (see who'll buy? &,c.,.in our last num-
- ber,) evidently coming from the fierce slave-
I holder's heart, that no notice was taken of his
communication. Subsequently, learning Jrom
Latimer's counsel, that he was held illegally in
prison, some few of us united and determined
to buy him iti another manner. Accordingly,
overtures were made to James Wilson, the slave
agent, and Mr. Coolidge, the slave keeper.
1 hese overtures were rejected, when they seem
ed ori the very point of fulfilment, and one call
ed infidel; and atheist war about . substituting
himself in the place .of the- prisoner setting
thereby an example of self-sacrifice which puts
to shame the Christianity of Boston, We were
in greater distress than ever. , About this time
time the Grand Jury were asked to indict Mr.
Coolidge, but they refused.' " Our citf seemed
doomed 't blood. Thea" kthid the 'storm 'onr
Nortjh Star appeared ; we labored hard upon it
and it gave us peace. The people seemed to
receive it joyfully Instead of titter annihila
tion, as we expected, we were quietly received,
and it thone on the people. Our publisher, it
is true, was requested by the subscribers of his
other paper, the Boston Courier, net to allow
our placard to be seen in front of 15 State St.,
and pur printer was told his office would be
pulleij down, but these little incidents only
nerved us for the battle. As the slave interest
hadif "Bee" buzzing industriously in its fa-
I vor, we souoht to rouse up a whole nest of
i r
" tfornets," for slave attornies, slave hunters,
and slave agents. We spared none who offend
ed us. By and by we heard of another plan,
and we signed a paper to Mr. Eveleth request
ing him to remove Coolidge the jailor, for mis
use of the jail. Mr. E. quietly kept this letter
in his pocket, because, we presume, it was sign
ed by S. E. Sewall, and others of like stamp.
Of course any request from such a vile sect as
the abolitionists needed no notice from such a
dignitary as he! Finding no effect produced,
these -ame fanatics caused a petition to be sign
eiNttToSernor Davis requesting him to remove
foriltith Mr. Eveleth from the office of Sheriff.
Two or three lawyers were requested lo sign
this petition and refused, but one of them said
he would speak with the high Sheriff and tell
him ?hat was being done, and see what he
thought of the matter. Meanw hile the petition
was signed and sent to the Governor, and the
lawyer calling upon Mr. E., learned to his sur
prise, that what We and all interested in the
slave had been trying to press upon the public
was true, viz., that Latimer was illegally con
fined in jail, that our public State property had
been made the barracoon of a Southern slave-
driver ; that this was done by Coolidge, as agent
of Gxsiy. .He learned moreover, that this was
done with the taeit consent of Chief Justice
Shaw and High Sheriff Eveleth:
44 Extemplo magnas it Fama per ubes."
All the lawyers were suddenly aghast ; the
laws had been injured ; every one decided
acrainst Mr. Eveleth. Even Judge Shaw then
said that Mr. E. was a " volunteer." The ef
fect of these two petitions, we assure our read
ers, was very amusing to us who were looking
on. We saw that the tyrants were about to
lick the dust. So the rumor went, " vires que
adq lirit eundo." On Friday last, the trials of
the rioters came on, and L itimer was demand
ed as a witness by a writ of habeas corpus.
Worse and worse. Sheriff Eveleth is in a great
consternation. Poor man ! he knows not what
to do. He returns as answer that he has no
such prisoner. Yet he is not such a fool as not to
think that all the world well knows that a hu
man being is held illegally in the jail which is
under his sole direction. The writ is served on
Cool idge, who in trepidation says the man shall
come forth. Late in the afternoon of Friday
Sheriff E. appeared in the office of one of the
friends of Latimer, and with symptoms of al
most mortal agony, and with the " sweat o
his brow " standing in drops, begged that al
furthpr proceedings in regard to this petition to
the Governor for his own removal from office
might be quashed, and in order to promote this
worthy end he read aloud an order to Mr. Cool
idge to give up Latimer before 12 o'clock, the
jgpysl ii7 andi urphjbitjon for him ever tre
teive another slave within the preciTicis" t T:e
jail unless under the proper order of some com
petent coun. He assured them that the whole
confinement of Latimer during the fortnight had
been contrary to his own wishes, but that the
tacit consent of Judge Shaw had sustained him.
A few hours previously to this interview we h id
had overtures from Mr. Austin, stating th;it if
we would pay $309, Litimer should be set free.
We thanked our counsel, but having previously
agreed with Mr. Coolidge and at Mr. C.'s re
quest, that if Latimer were made free at 7, P.
M., we would give 6oJ as the expenses of the
trial, we politely declined the request of Mr. A.,
though we really thought the price had dimin
ished vastly within a week, viz., from $1500 to
$800. All our arrangements were prepared be
fore we knew of Mr. Eveleth's order already
mentioned, and of course that decided us not
to give one cent. We felt sure that Mr. E.
and Mr. Coolidge would not allow Latimer to
be carried away, for the loss of their offices would
hate been the consequence. We therefore vis
ited the jail and informed Mr. C. ihat though
all the money was in our pocket we had decided
not to give any of it to him, and we warned him
to beware of allowing Latimer to be taken away
during the night. The tables were quite turn
ed, and we triumphed, but we must confess our
heart smote us at perceiving the utter consterna
tion of poor Mr. Coolidge. His face comes up
before us now, the perfect picture of despair.
We pitied him as the old English Admiral pit
lied the French whom he was demolishing,
44 It smote his very soul to cut their throats,
and then he cut their throats." We left him,
fully believing that Latimer would be free and
Massachusetts would be erect again on the mor
row, and the vile slave-hunter would return
with curses on his lips to Norfolk.
Late in the evening, we received advice from
two prominent lawyers to go down again and
make an arrangement with Mr. Coolidge.
Wilh great reluctance we went, and in fact.
once turned away, determined not to enter the
jail door, but finally we went to it tor the pur
se of conversing again with Mr. Coolidge,
found a bargain had been concluded for
$0 by another gentleman. As the matter
settled we chose to agree to pay one half
f the money, with the understanding with Mr
Coolidge that not one iota of it was to be used
except to pay, in part, the expenses incurred by
Gray. Within half an hour afterwards we saw
Latimer free, and we felt that the cause of free
dom had triumphed, that in future we should
have no hunting of men in the old Bay State.
But, fellow citizens let us look out for troub-i
lous limes at the next session of Congress, and
let us not be taken sleeping, for, be assured,
.the viper of slavery will yet again seek to en
-twine itself around us I f a new law, or some
modification of that passed fifty "years ago upon
this cubjecL ' - '
The Union the Bulwark of Slatert. In
the great Mississippi slave case, Mr. Clay took
the ground that the connection of Mississipp
with the Union : was necessary to her security
agaiust ner slaves. He showed, (says the cor
respondent of the Colored American,) that the
safety of Mississippi consisted in her connection
with Union ; that she owed her security against
slave insurrection " to" the genus of Fulton, by
whose steamboat invent ion the myriads of , men
on the banks of the Ohio and Mississippi could
be speedily conveyed to the scene of action, in
case of a fertile war in that tate." Let her be
insolated from the. Union, said he,' "let her,-be
an island in the ocean, and the time would come
when the white populatit n would be subdued by
the colored race."
He stated that the slaves al
ready exceeded the white population of the state,
by au.UUU. '
as- np
i mm
It will be recollected that, in the interview of
Messrs. Lewis Tappan, Gerritt Smith, and other aboli
tionists, with Lord Ashburton, at New York, his lord
ship was asked in regard to the scope and object of the
10th article of the treaty negotiated by Mr. Webster
and himself, whether it would not be applied to the
re-capture of fugitive slaves from the British territo
ries, as in the case of poor Nelson Hackett. Lord A.
said that in framing tho Tenth Article, great care had
been take n to provide that inferior magistrates in Can
ada should have no authority to surrender fugitives, as
had been urged by the other party, and that only the
Governor himself could perform an act of so great im
portance. Great care would be taken, he had no doubt,
to protect the innocent, and that the taking of any arti
cle vf.ressary to effet an escape would not be considered
felonious. If, said he, the operation of the Tenth Arti
cle proves injurious, he had no doubt the British Gov
ernment would put an end to it, agreeable to another
provision of the Treaty, viz : "The Tenth Article
shall continue in lorce until one or the other party
hall signify its wish to terminate it, and no longer."
Lord A. said that when the delegation came to read his
correspondence with Mr. Webster, they would see that
he haa takenfi ll poss'-ble care to prevent anv injury be-
dine to the people f color ; th it if he had even
been willing to introduce an article including cases
similar to that of the Creole, his Government wou'd
never have ratified it, as they will adhere to the great
principles they have so long avowed and maintained ;
and that the friends of the slave in England would be
very watchful to see that no wrong practice took place
under the Tenth Article.
The 44 friends of the slave in England " have not
been unmindful of the case. In the London Anti
Slavery Reporter for Oct. 1J, we find a letter from the
benevolent and ever watchful Charles Stuart, on this
subject, which we hasten to copy. The editor of the
Reporter adverts fc other communications indicative ot
the jealous interest in that subject by the British pub
lic. The Reporter, however, adverts to a further safe
guard that may yet be applied, in the phraseology of
an act of parliament. 44 Happily, the British public will
have an opportunity of exerting a salutary and decisive
influence. The tenth article can be of no effect on
British territory, until an act of parliament has been
passed in conformity with it. The matter, therefore,
must pass deliberately through both houses of parlia
ment, and all necessary pains may and doubtless will
be taken there, to make the phraseology of the law what
it ought to be." We confide the case to theii fidelity,
and wait to see what is done in parliament. Eman.
Redruth, October 5th, IS42.
My Dear Friknd, The Tenth Article of
Lord Ashhurtou's Treaty, appears more and
more horrible to me, as repeated considerations
seem to develope its character. My reasons are
as follows :
In all slave states of the United States, and in
one at least of the free (Ohio,) the colored,
whether enslaved or free, have no evidence in
law. When accused, therefore, no evidence ex
cept that of free white persons can be legally re
ceived in their faror ; but whenever the contest
is with free white persons, you see at once, how
hopeless to them, generally speaking, such a de
fence must be. Was Lord Ashburton aware of
this ? Or is there one amongst us, who, exclud
ed entirely from those of his own class, could be
content to repose the question of his honor, his
hlu'rtv. or JiiiiiCe. upou the testimony and i .d?e-
t of
mies ?
Now, suppose a free colored subject of the
United States is reclaimed from our government
with the legal affidavits, as a fugitiva criminal.
By the treaty, as I read it, we are bound to give
him up; but to what do we give him up? To a
air trial? I his must have been Lord Ashbur
ton's idea. To a fair trial ? Possibly; but cer
tainly not once in a hundred times. To a fair
trial? No; but to the power of a law system
which has already deprived him of almost all
possibility of proving his innocence, if inno
cent ; and which leaves his acquittal or condem
nation to a judiciary, outrageously at war with
his safety, his honor, and his happiness. The
ninety-nine probabilities out of a iiundred are
hat he will be junged with fearfully partial se
verity. Yet, it he belong to the free states.
here is still a mitigation a sacred mitigation
n his case. Alter undergoing the awarded
punishment, he will be free he will be restored
o his manhood. But shall he belong to the
lave states, his crime, by the laws of the state
u question, may direct or sanction his beinir
sold into slavery, either immediately, or after he
has undergone some other dreadful penalty.
1 am not willing to believe that Lord Ashbur
ton contemplated this ; nor, as long as it is pos
sible to doubt, will I believe, that our govern
ment will sanction the article m question, with
out expressly and effectually providing against
such results.
But a still worse evil is involved in the treaty.
The slave, whoever he is, wherever he comes
from, as soon as he touches British ground, is
free. Glorious feature of our country ! Well.
lave from Arkansas, we will say escapes lo
Cauada, and from the moment that he arrives
there is a free man. British law, in this partic
ular executing the divine, restores to him his
inherent manhood and the J3gis of British power
is nobly spread over I im. But he is accused of
theft, and the United States government, supply
ing the legal certificates, reclaims him for trial
Lord Ashburton doubtless presumed, for a fair
trial by his peers. By his peers ! Alas! he has
none, Tint ttfe cattle which graze his master ti
fhtd, or the furniture which adorns his master's
. a i tir .
iianiiation: ror a iair trial : vnai: a tair
trial with no evidence admissible by law in his
favor except the evidence of exasperated ene
mies ! ' What ! a fair trial of a runaway slave by
indignant slave-masters! And, after all, when
he has been tried for theft, when, of course, he
has been found guilty, and when he has under
gone the worst rigors of the law what, ah !
what heeomes of him if he survives? Will his
liberty, which God had restored to him by Brit
ish instrumentality, be given back by the slave
holder, exulting in the recovery of the runaway
slave, and t the fearful example which he has
made him to his fellows against similar trans
gressions of slave-laws ? Will he be at liberty
to return openly and without impediment to
Canada? Alas! he is in Arkansas he is in the
fangs of his tyrants; he was long ago legislated
by them into a thing, and all his fair claims to
equal manhood have or old been spurned with
infinite indignation: And how would the cow
ard pride and the tyrant selfishness of the slave
system quail and writhe in every nerve at the de
parting glories of slavery, should a slave a claim
to the common - and inalienable manhood with
which God has endowed- erery man, and to its
fair and equal rights, be thus publicly acknowl
edged I -.;, v.'; : .; m-:
, Lord Ashburton meant,'! presume, that crim
inals on both aides should be equitably restored,
in a friendly manner, to fair trial and judgment ;
and so tar, every honest mind will applaud and
support him. :
Nelson Hackett's case affords a fine opportu
pity of testing the question. - If the .Americans
I be honest ia the treaty, tbej will acrupalously
restore him to Canada, should he survive, alter
unJergoiug the punishment ihey may award him
for theft; and how would my soul exult with
thanksgiving should they do so! But, if he
perish, or, if they retain him in slavery, and we
be consenting to it, how criminal, debased, imd
dastardly will be our posture how diringly
shall we again begin to violate the Divine com
mandments, Deut. xxiii. 15, 16, and Jnwr-n t. 1
--4, &,c. My heart's prayer is, that the Sover
eign Mercy which to long spared us amidst all
the abominations of our own recent slave sys
tem, and which so graciously led us out of it in
peace, miy here again preserve us, nor suffer us
to make ourselves kidnappers of freemen for
let us always remember that, once on British
ground, the slave is restored to his liberty by
British laws, as he always was entitled to it by
Divine nor suffers us, I say, to make ourselves
kidnappers of freemen, out of regard to a su
premely hypocritical power, the tyrant republic
which will be the first to detect our shallowness
and tr despite our pusillanimity, w hilst it boa
of our brotherhood in corruption, jiid superci
ousiy smiles upon our tame subserviency to
idol guilt. Chablks Stcart.
In this connection, r-e als present an editorial nara'
grah which Ht,prrr4 inV- Valley Stir " published
in Lexington, Va., Sept. , 1642, commen'ing upon
Mr. Tappan s account of the interview with Ixird A.
It will be seen from the following report, what
sort of maneuvering Queen Vic's Envoy Extra
ordinary has resorted to according to hi own
account, to protect our slaves in their efforts to
escape from th; service of their masters. Un
der the clause of the Treaty relating to the sur
render of fugitives, it is stipulated that both
Governments are bound to surrender the fugitive
from justice upon proper application by the prop
er authority, and is so bro id as apparently to cov
er every case. Yet such is the interpretation
given to it by this British Abolitionist, that if a
negro escapes into Canada, and is even here
convicted of stealing a horse he is not under
this clause lo be surrendered. If this is the
true interpretation of this Treaty, then it smells
strongly of a cheat, and as such should meet
with the hearty condemnation of every Ameri
can. Let the Governor General of Canada re
fuse to surrender a slave under such circum
stances upon the application of our Government,
and whatever may be Webster's and Ashburton's
opinion about the morality or legality of Meal
ing, it will at oticH serve as a signal for the citi
zens of Maine to seize upon the surrendered
Territory and to hold it in spite of the fraudu
lent Treaty, backed by the arms of England.
The peaceful town of Newark, in Ohio, has
recently been thrown into quite a turmoil by
the arrest and commitment to j til of a negro
man named Nelson, claimed as the property of
John Dyke, of Clarke Co. Ky., his removal un
der a writ of habeas corpus, and final escape.
Nelson came to Newark some four months ago,
and hired to tend a livery stable, where he re
mained until his arrest, a steady and attentive
hostler. Judge II iiighey issued the warrant
for the arrest of Nelson, and the Sheriff com
mitted him to j iil to await an investigation into
the claim fet up for him as- a slave. The Ga-
e claim fe
This wa
the first intimation the public
of any think of the kind going on. and as mirh
well be expected, it created a terrible buzz in
the camp of the abolitionists; expresses were
despatched hither and thither in every direction.
Messrs. W. Stanberry and S. White were en
gaged as counsel for defendant, and Mr. G. B.
Smythe for plaintiff, and every thing was in a
whirl of excitement. This feeling continued
until Monday morning, when all expected to
hear the trial. But before the trial came mi, a
writ of habeas corpus was issued by Judge
Bancroft of Granville, and despatched to the
Sheriff, authorizing him to have the prisoner
before him in Granville forthwith. This was
only oil to the already burning flame ; the ex
citement increased, and breath was by no
means spared by either of the parties.
After considerable difficulty, at times nearly
amounting to a riot, the prisoner was taken to
Granville, and the trial took place in the con
ference room of the Academy, which was crowd
ed to its utmost with excited spectators. Mr.
Stanberry appeared as counsel for the negro,
and Mr. Smythe for the claimant. Ti:e Judge
decided the law of Ohio under which the slave
was arrested, to be unconstitutional, and the
Court said, " that in deciding such cases, it
would rely altogether on the decisions of the
higher Courts, and as U. S. Supreme Court had
decided that all laws conflicting with those of
the General Government are unconstitutional,
he must therefore discharge the prisoner."
But now followed a scene, that if put on can
vass, would hare honored a Hogarth or a West.
It defies description. No sooner had the Judge
said that the prisoner was discharged, than a
rushwas made for him by the abolitionists, he
was caught by the collar and dragged a few pa
ces, when the crowd became so thick around
him, that some laying hands on him were mista
ken for " Nigger-kttchers" and had their faces
used as anvils for the greatest kind of sledges,
and for a few seconds confusion reigned tri
umphant. While we were laughing to see the
abolitionists endeavoring to maul each other, we
were no Js amused by .she 1cjL oflW-Ke
tuckian and his assistant.
He stood back apparently stupified, his neck
stretched to its utmost, and his eyes like mus
ket balls resting on his cheeks the very picture
of horror, suprise, and dismay ; and we suppose
saying his prayers, and making his peace with
the world. We turned our notice to the negro
jumble, which had now reached the door, and
followed it a fast as possible, but by the time
we got out. they had reached the street wilh the
negro, had him mounted on a horse, an escort
by his side whn one loud whoop of triumph
was given by the abolitionists, returned by the
negro ahead, hia form receding from" view, imd
the clashing of hoofs as he went over the hills
West of Granville, was all that was left of what
had caused so much fuss.
The following is an expression of the views
entertained and adopted by the Second Bapt'ut
Church in Worcester on the subject of slavery :
Whereas domestic slavery, u it exists in
our country, is encouraged by a portion of
the Baptist church at the South, and defended,
by it on the authority of the Bible, and
Whereas it is supposed that a portion of the
Baptist church at the North countenance them
in such a course, and thus by their influence
V uphold the system of slavery ; therefore," " '
. . Resolved, That this church believe slavery to
be a great sin against Godand a reproach to the
Christian church, having' no countenance or
support from the Bible; and that it is the duty
of all Christians to use every suitable measure
for the immediate removal of tbis"?in from tVe
church and the world.

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