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 is 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 intructions 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 rev erence. 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 twentyfour 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 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!" 66 66 Ellen and William lived here in Boston, intelligent, respected, happy. The first blow of the fugitive slave bill must fall on them. In October, 1850, one Hughes, a jailer from Macon, Georgia, a public negro-whipper, who had once beaten Ellen's uncle "almost to death," came here with one Knight, his attendant, to kidnap William and Ellen Craft. They applied to Hon. Mr. Hallett for a writ. Perhaps they had heard (false) rumors that the Hon. Commissioner was a little slippery in his character; that he was "not overscrupulous in his conduct;" that he "would do any dirty work for political preferment." Gentlemen, you know that such rumors will get abroad, and will be whispered of the best of men. Of course you would never believe them in this case: but a kidnapper from Georgia might; "distance lends" illusion, as well as " enchantment, to the view." But be that as it may, Mr. Hallett (in 1850) appeared to have too much manhood to kidnap a man. He was better than his reputation; I mean his reputation with Knight and Hughes, and would not (then) steal Mr. and Mrs. Craft. This is small praise; it is large in comparison with the conduct of his official brethren. But for the salvation of the Union another Commissioner was found who had no such scruples. This Honorable Court- Mr. Woodbury was then in the chief place, and Mr. Sprague in his present position issued the writ of man-stealing. Two gentlemen of this city were eminently, but secretly, active in their attempt to kidnap their victim. I shall speak of them by and by. Somebody took care of Ellen Craft. William less needed help; he armed himself with pistols and a poignard, and walked in the streets in the face of the sun. He was a tall, brave man, and was quite as cool then as this Honorable Court is now, while I relate their "glorious first essay" in man-stealing. Public opinion at length drove the (southern) kidnappers from BosThen the Crafts also left the town and the country, and found in the Monarchical Aristocracy of Old England what the New England Democracy refused to allow them - protection of their unalienable right to Life, Liberty, and the pursuit of Happiness. ton. Gentlemen, the Evangelists of slavery could not allow a Southern kidnapper to come to Boston and not steal his man: they were in great wrath at the defeat of Hughes and Knights. So they procured a meeting at Fanueil Hall to make ready for effectual kidnapping and restoring Slavery to Boston. "The great Union meeting" was held at Fanueil Hall November 26th, 1850,- two days before the annual Thanksgiving; it was "a preparatory meeting" to make ready the hearts of the People for that dear New England festival when we thank God for the Harvest of the Land, and the Harvest of the Sea, and still more for the State whose laws are Righteousness, and the Church that offers us "the Liberty wherewith Christ hath made us free," "the glorious Liberty of the Sons of God." Here are the Resolutions which were passed. "Resolved, That the preservation of the Constitution and the Union is the paramount duty of all citizens;—that the blessings which have flowed from them in times past, which the whole country is now enjoying under them, and which we firmly believe posterity will derive from them hereafter, are incalculable; and that they vastly transcend in importance all other political objects and considerations whatever. "Resolved, That it would be folly to deny that there has been and still is danger to the existence of the Union, where there is prevalent so much of a spirit of disunion, constantly weakening its strength and alienating the minds of one part of the people of the United States from another; and that if this spirit be not checked and restrained, and do not give way to a spirit of conciliation and of patriotic devotion to the general good of the whole country, we cannot expect a long continuance of the political tie which has hitherto made us one people; but must rather look to see groups of rival neighboring republics, whose existence will be a state of perpetual conflict and open war. "Resolved, That all the provisions of the Constitution of the United States—the supreme law of the land. are equally binding upon every citizen, and upon every State in the Union;- that ALL laws passed by Congress, in pursuance of the Constitution, are equally binding on all the citizens, and no man is at liberty to resist or dis |