Samuel May

“ Simon, Jr., is a young man, about twenty-two years old, of a very lithe and active form, and rather a mild and pleasant countenance. Margaret is a dark mulatto, twenty-three years of age; her countenance is far from being vicious, and her senses, yesterday, appeared partially stultified from the exciting trials she had endured. After remaining about two hours at the marshal's office, Commissioner Pendery announced that the slaves would be removed to the custody of the United States Marshal until nine o'clock Tuesday morning, when the case would come up for examination. ”

“ These men, with every form of loathsome impurity and hardened villainy stamped upon their faces, sat constantly around the prisoner while in the court-room, the handles of pistols and revolvers visibly protruding from their breast pockets. A company of United States troops, from the Navy Yard, occupied the court-house, and guarded all avenues to the United States court-room. The testimony of numerous highly respectable witnesses was adduced to show that Anthony Burns was in Boston a month earlier than the time at which he was said to have left Richmond. ”

“ Is it fit that such deeds and such a law should have your sanction and support? Will you remain in a moment's doubt whether to be a friend or a foe to such a law? Will you countenance or support the man, in the church or in the state, who is not its open and out-spoken opponent? ”

“ After a very hurried form, and mockery of a trial, Daniel was ordered to be delivered to Rust, the Agent of George H. Moore, of Louisville, Kentucky. By a writ of Habeas Corpus, Daniel was brought before Judge Coakling, of the United States Court, at Auburn, who gave a decision that set Daniel at liberty, and he was immediately hurried by his friends into Canada. Rust was indicted, in Buffalo, for his brutal assault on Daniel. It was fully proved; he afterwards plead guilty, and; was let off with the paltry fine of fifty dollars. ”

“ United States Marshals and deputy marshals, who may refuse to act under the Law, to be fined One Thousand dollars, to the use of the claimant. If a fugitive escape from the custody of the Marshal, the Marshal to be liable for his full value. Commissioners authorized to appoint special officers, and to call out the posse comitatus, &c.
SECT. 6. The claimant of any fugitive slave, or his attorney, "may pursue and reclaim such fugitive person," either by procuring a warrant from some judge or commissioner, "or by seizing and arresting such fugitive, where the same can be done without process;" ”

“ It is said in argument that if these persons cannot be held by the arrest of the Sheriff under the State process, the rights and dignity of Ohio are invaded without the possibility of redress. I cannot concur in this view. The Constitution and laws of the United States provide for a reclamation of these persons, by a demand on the Executive of Kentucky. It is true, if now remanded to the claimant and taken back to Kentucky as slaves, they cannot be said to have fled from justice in Ohio ”

“ He was again arrested and placed in jail on the oath of Captain Hardie, that he believed him to be a fugitive slave and a fugitive from justice. After some weeks' delay, he was brought to trial before United States Commissioner Samuel Guthrie, who ordered him to be delivered up to his claimant on the ground that he was legally a slave, though free-born. It appeared in evidence that Davis had formerly gone from Pennsylvania to reside in Maryland, contrary to the laws of that State; which forbid free colored persons from other States to come there to reside ”

“ The men were arrested and held to trial for assault with deadly weapons. By an extraordinary conspiracy on the part of District Attorney Hoyne, Sheriff Bradley, and others, these men were taken from jail to be carried to Springfield, Illinois, two hundred miles distant, to appear before Chief Justice Treat, that he might inquire "whether said alleged kidnappers were justly held to bail and imprisoned." It was so suddenly done that the counsel for the kidnapped man and for the State of Illinois had not time to reach Springfield before the men were discharged and on their way to Missouri. ”

“ A New Orleans correspondent of the New York Tribune, in a letter dated July 3, 1854, writes, "During a recent trip up the river I was on several steamers, and on every boat they had one or more runaway slaves, who had been caught and were being taken in irons to their masters."
On the Steamer Alvin Adams, at Madison, Indiana, a man was arrested as a fugitive and taken to Louisville, Kentucky. He was claimed as the slave of John H. Page, of Bowling Green. The Louisville Journal, edited by a Northern man, stigmatised him as a "rascal," for his attempt to be free. ”

“ The slaves were guarded by a strong posse of officers, and as they made their appearance on the street, it was evident that there was a strong sympathy in their favor. When they were led to the carriage-doors, there were loud cries of "Drive on!" "Don't take them!" The coachmen, either from alarm or from a sympathetic feeling, put the whip to their horses, and drove rapidly off, leaving the officers with their fugitives on the sidewalk. ”

“ The coroner's jury, after examining the citizens present at the time of the arrest, went to the jail last evening, and examined the grandmother of the child—one of the slaves. She testified that the mother, when she saw they would be captured, caught a butcher knife and ran to the children, saying she would kill them rather than to have them return to slavery, and cut the throat of the child, calling on the grandmother to help her kill them. ”

“ All molestation of the claimant, in the removal of his slave, "by any process issued by any court, judge, magistrate, or other person whomsoever," to be prevented.
SECT. 7. Any person obstructing the arrest of a fugitive, or attempting his or her rescue, or aiding him or her to escape, or harboring and concealing a fugitive, knowing him to be such, shall be subject to a fine of not exceeding one thousand dollars, and to be imprisoned not exceeding six months, and shall also "forfeit and pay the sum of one thousand dollars for each fugitive so lost." ”

“ JAMES HAMLET, of New York, September, 1850, was the first victim. He was surrendered by United States Commissioner Gardiner to the agent of one Mary Brown, of Baltimore, who claimed him as her slave. He was taken to Baltimore. An effort was immediately made to purchase his freedom, and in the existing state of the public feeling, the sum demanded by his mistress, $800, was quickly raised. Hamlet was brought back to New York with great rejoicings.
Near Bedford, Penn., October 1. Ten fugitives, from Virginia, were attacked in Pennsylvania—one mortally wounded, another dangerously. ”

“ The opinion of Judge Hays (who was said to be a native of South Carolina,) is a very able one, and under the circumstances, of much interest. It may be found in the Standard, of April 5, 1856.
Two colored lads, named RALLS and LOGAN, living in Cincinnati, were kidnapped thence by two men, named Orr and Simpkins, and taken to St. Louis, Missouri, where the men tried to sell them. The men were arrested as kidnappers. (March, 1856.)
The Decatur (Illinois) Chronicle states that "a man charged with being a fugitive slave was recently arrested at that place and carried off, no one knows where. ”

“ The slaves declared they would go dancing to the gallows rather than to be sent back into slavery.
On the 26th February, Commissioner Pendery gave his decision. First, he refused to discharge Margaret and three others from the custody of the United States Marshal and deliver them to the Sheriff of Hamilton County, although held to answer, under the laws of Ohio, to the charge of murder. He then proceeded to consider the claim of Marshall to three of the slaves, decided it to be valid, and ordered them into Marshall's custody. ”

“ The second attempt to serve the writ on the child was more successful. After hearing counsel, Judge Barculo adjudged "that the said Charles Trainer is entitled to the care and custody of said Jane Trainer, and directing her to be delivered to him as her father," &c. In giving his decision, Judge B. said, "It is not to be assumed that a child under fourteen years of age is possessed of sufficient discretion to choose her own guardian; a house of ill-fame is not a suitable place, nor one of its inmates a proper person for the education of such a child." ”

“ JANE MOORE, a free colored woman, at Cincinnati, November, 1854, seized in the house of her sister, (Sycamore Street,) beaten, and with the help of a deputy marshal from Covington, Kentucky, carried over to Covington, and lodged in jail, on pretence of her being a fugitive slave. She was taken before the Mayor of Covington, "who heard the case with impartiality." Her freedom was established, and she released.
At Indianapolis, Indiana, December, 1854, Benjamin B. Waterhouse was indicted for harboring fugitive slaves, contrary to the provisions of the Fugitive Law. ”

“ To guard against a repetition of the Shadrach rescue, the United States Marshal, Devens, aided by the Mayor (John P. Bigelow) and City Marshal (Francis Tukey) of Boston, surrounded the Court House, in Boston, with heavy chains, guarded it by a strong extra force of police officers, with a strong body of guards also within the building, where the fugitive was imprisoned as well as tried. Several military companies also were called out by the city authorities, and kept in readiness night and day to act against the people, should they attempt the deliverance of Sims ”

“ Any person, from whom one held to service or labor has escaped, upon making "satisfactory proof" of such escape before any court of record, or judge thereof in vacation—a record of matter so proved shall be made by such court, or judge, and also a description of the person escaping, "with such convenient certainty as may be;"—a copy of which record, duly attested, "being produced in any other State, Territory, or District," and "being exhibited to any judge, commissioner, or other officer authorized," &c. ”

“ Gov. Morehead issued an order for the surrender of Margaret. On taking it to Louisville, Mr. Cooper found that Margaret, with her infant child, and the rest of Mr. Gaines's slaves had been sent down the river in the steamboat Henry Lewis, to be sold in Arkansas. Thus it was that Gaines kept his pledged word that Margaret should be surrendered upon the requisition of the Governor of Ohio! On the passage down the Ohio, the steamboat, in which the slaves were embarked, came in collision with another boat, and so violently that Margaret and her child, with many others, were thrown into the water. ”

“ He was fined fifty dollars and to be imprisoned one hour, and the government to pay the costs.—-Chicago Tribune.
A Proposition for Kidnapping, on a large scale, was made by John H. Pope, "police officer and constable," in a letter dated "Frederick, Maryland, United States of America, January 1, 1855," and addressed to Mr. Hays, Sheriff of Montreal, Canada. "Vast numbers of slaves," says Mr. Pope, "escaping from their masters or owners, succeed in reaching your Provinces, and are, therefore, without the pale of the 'Fugitive Slave Law,' and can only be restored by cunning, together with skill. ”

“ The kidnapper was arrested and held to bail in the sum of $1,000, to take his trial at next Circuit Court.
Near Cedarville, Ohio, May 25, 1854, about noon, "a colored man, of middle age and respectable appearance, was walking on the Columbus and Xenia turnpike. He was alone. A man in a buggy overtook him, and invited him to ride, saying he was a friend to the colored man, and promising to assist him in obtaining his liberty." He took the colored man to the house of one Chapman, "three miles south of Selma, in Greene county." ”

“ On Friday morning, June 2d, Commissioner Loring gave his decision, overriding all the testimony in Burns's favor, using certain expressions which fell from Burns in the first heat and confusion of his arrest, as testimony against him, and concluding with ordering him to be delivered up to the claimant. Some four hours were consumed in getting Court Street, State Street, &c., in a state of readiness for the removal of the prisoner. A regiment of Massachusetts Infantry had been posted on Boston Common, under command of Col. Benjamin Franklin (!) ”

“ A desperate fight between a party of four fugitives and about double the number of whites, took place in Carroll County, Maryland. Four white men shot—none dangerously. Two of the slaves wounded, one severely. They were captured. (October, 1853.) —Westminster (Md.) Democrat.
Washington, Indiana. In April, 1853, GEORGE, a negro man, was arrested and claimed by a Mr. Rice, of Kentucky, as his slave. Judge Clemens ordered his surrender to Rice, who took him to Louisville, and there sold him to a slave-trader, who took him to Memphis, Tennessee. ”

“ Marshals, deputies, clerks, and special officers to receive usual fees; Commissioners to receive ten dollars, if fugitive is given up to claimant; otherwise, five dollars; to be paid by claimant.
SECT. 9. If claimant make affidavit that he fears a rescue of such fugitive from his possession, the officer making the arrest to retain him in custody, and "to remove him to the State whence he fled." Said officer "to employ so many persons as he may deem necessary." All, while so employed, be paid out of the Treasury of the United States. ”

“ Freeman's counsel produced further evidence that he had been known as a free man twenty years. Ellington claimed that he had escaped from him sixteen years before. The man who did escape from Ellington, just sixteen years before, was discovered to be living near Malden, Canada. Two of the Kentucky witnesses visited and recognized him. Freeman was then released, but with a large debt upon him, $1,200, which had grown up by the unusually heavy expenses of his defence and long imprisonment, Freeman brought a suit against Ellington for false imprisonment laying damages at $10,000. ”