"All must see that the course of the senator from New Hampshire is calculated to embroil the confederacy--to put in peril our free inst.i.tutions--to jeopardize that Union which our forefathers established, and which every pure patriot throughout the country desires shall be perpetuated. Can any man be a patriot who pursues such a course? Is he an enlightened friend of freedom, or even a judicious friend of those with whom he affects to sympathize, who adopts such a course? Who does not know that such men are, practically, the worst enemies of the slaves? I do not beseech the gentleman to stop; but, if he perseveres, he will awaken indignation everywhere, and it cannot be that enlightened men, who conscientiously belong to the faction at the north of which he is understood to be the head, can sanction or approve everything that he may do, under the influence of excitement, in this body. I will close by saying that, if he really wishes glory, and to be regarded as the great liberator of the blacks,--if he wishes to be particularly distinguished in this cause of emanc.i.p.ation, as it is called,--let him, instead of remaining here in the Senate of the United States, or instead of secreting himself in some dark corner of New Hampshire, where he may possibly escape the just indignation of good men throughout this republic,--let him visit the good State of Mississippi, in which I have the honor to reside, and no doubt he will be received with such shouts of joy as have rarely marked the reception of any individual in this day and generation.

I invite him there, and will tell him, beforehand, in all honesty, that he could not go ten miles into the interior before he would grace one of the tallest trees in the forest, with a rope around his neck, with the approbation of every virtuous and patriotic citizen; and that, if necessary, I should myself a.s.sist in the operation!"

Mr. Hale's reply was equally characteristic:

"The honorable Senator invites me to visit the State of Mississippi, and kindly informs me that he would be one of those who would act the a.s.sa.s.sin, and put an end to my career. He would aid in bringing me to public execution,--no, death by a mob! Well, in return for his hospitable invitation, I can only express the desire that he would penetrate into some of the dark corners of New Hampshire; and, if he do, I am much mistaken if he would not find that the people in that benighted region would be very happy to listen to his arguments, and engage in an intellectual conflict with him, in which the truth might be elicited. I think, however, that the announcement which the honorable Senator has made on this floor of the fate which awaits so humble an individual as myself in the State of Mississippi must convince every one of the propriety of the high eulogium which he p.r.o.nounced upon her, the other day, when he spoke of the high position which she occupied among the states of this confederacy.--But enough of this personal matter."[A]

[Footnote A: The following paragraph, which has recently been going the rounds of the newspapers, will serve to show the sort of manners which prevail in the state so fitly represented by Mr.

Foote, and how these southern ruffians experience in their own families the natural effect of the blood-thirsty sentiments which they so freely avow:

"THE DEATH OF MR. CARNEAL.--The Vicksburg _Sentinel_, of the 13th ult., gives the following account of the shooting of Mr. Thomas Carneal, son-in-law of Governor Foote:

"We have abstained thus long from giving any notice of the sad affair which resulted in the death of Mr. Thomas Carneal, the son-in-law of the governor of our state, that we might get the particulars. It seems that the steamer E.C. Watkins, with Mr.

Carneal as a pa.s.senger, landed at or near the plantation of Judge James, in Washington county.

Mr. Carneal had heard that the judge was an extremely brutal man to his slaves, and was likewise excited with liquor; and, upon the judge inviting him and others to take a drink with him, Carneal replied that he would not drink with a man who abused his negroes; this the judge resented as an insult, and high words ensued.

"The company took their drink, however, all but Mr.

Carneal, who went out upon the bow of the boat, and took a seat, where he was sought by Judge James, who desired satisfaction for the insult. Carneal refused to make any, and asked the old gentleman if any of his sons would resent the insult if he was to slap him in the mouth; to which the judge replied that he would do it himself, if his sons would not; whereupon Mr. Carneal struck him in the month with the back of his hand. The judge resented it by striking him across the head with a cane, which stunned Mr. Carneal very much, causing the blood to run freely from the wound. As soon as Carneal recovered from the wound, he drew a bowie-knife, and attacked the judge with it, inflicting several wounds upon his person, some of which were thought to be mortal.

"Some gentlemen, in endeavoring to separate the combatants, were wounded by Carneal. When Judge James arrived at his house, bleeding, and in a dying state, as was thought, his son seized a double-barrelled gun, loaded it heavily with large shot, galloped to where the boat was, hitched his horse, and deliberately raised his gun to shoot Carneal, who was sitting upon a cotton-bale. Mr.

James was warned not to fire, as Carneal was unarmed, and he might kill some innocent person. He took his gun from his shoulder, raised it again, and fired both barrels in succession, killing Carneal instantly.

"It is a sad affair, and Carneal leaves, besides numerous friends, a most interesting and accomplished widow, to bewail his tragical end."]

Such was the savage character of the debate, that even Mr. Calhoun, who was not generally discourteous, finding himself rather hard pressed by some of Mr. Hale's arguments, excused himself from an answer, on the ground that Mr. Hale was a maniac! The slave-holders set upon Mr. Hale with all their force; but, though they succeeded in voting down his bill, it was generally agreed, and anybody may see by the report, that he had altogether the best of the argument. Mr. Palfrey's resolution was also lost; but the boldness with which Giddings and others avowed their opinions, and the freedom of speech which they used on the subject of slavery, afforded abundant proof that the gagging system which had prevailed so long in Congress had come at last to an end.

These movements, though the propositions of Messrs. Hale and Palfrey were voted down, were not without their effect. The Common Council of Washington appointed an acting mayor, in place of the regular mayor, who was sick. President Polk sent an intimation to the clerks of the departments, some of whom had been active in the mobs, that they had better mind their own business and stay at home. Something was said about marines from the Navy-Yard; and from that time the riotous spirit began to subside.

Meanwhile, the unfortunate people who had attempted to escape in the Pearl had to pay the penalty of their love of freedom. A large number of them, as they were taken out of jail by the persons who claimed to be their owners, were handed over to the slave-traders. The following account of the departure of a portion of these victims for the southern market was given in a letter which appeared at the time in several northern newspapers:

"_Washington, April_ 22, 1848.

"Last evening, as I was pa.s.sing the railroad depot, I saw a large number of colored people gathered round one of the cars, and, from manifestations of grief among some of them, I was induced to draw near and ascertain the cause of it. I found in the car towards which they were so eagerly gazing about fifty colored people, some of whom were nearly as white as myself. A majority of them were of the number who attempted to gain their liberty last week. About half of them were females, a few of whom had but a slight tinge of African blood in their veins, and were finely formed and beautiful. The men were ironed together, and the whole group looked sad and dejected. At each end of the car stood two ruffianly-looking personages, with large canes in their hands, and, if their countenances were an index of their hearts, they were the very impersonation of hardened villany itself.

"In the middle of the car stood the notorious slave-dealer of Baltimore, Slatter, who, I learn, is a member of the Methodist church, 'in good and regular standing.' He had purchased the men and women around him, and was taking his departure for Georgia. While observing this old, gray-headed villain,--this dealer in the bodies and souls of men,--the chaplain of the Senate entered the car,--a Methodist brother,--and took his brother Slatter by the hand, chatted with him for some time, and seemed to view the heart-rending scene before him with as little concern as we should look upon cattle. I know not whether he came with a view to sanctify the act, and p.r.o.nounce a parting blessing; but this I do know, that he justifies slavery, and denounces anti-slavery efforts as bitterly as do the most hardened slave-dealers.

"A Presbyterian minister, who owned one of the fugitives, was the first to strike a bargain with Slatter, and make merchandise of G.o.d's image; and many of these poor victims, thus manacled and destined for the southern market, are regular members of the African Methodist church of this city. I did not hear whether they were permitted to get letters of dismission from the church, and of 'recommendation to any church where G.o.d, in his providence, might cast their lot.' Probably a certificate from Slatter to the effect that they are Christians will answer every purpose. No doubt he will demand a good price for slaves of this character.

Perhaps brother Slicer furnished him with testimonials of their religious character, to help their sale in Georgia. I understand that he was accustomed to preach to them here, and especially to urge upon them obedience to their masters.

"Some of the colored people outside, as well as in the car, were weeping most bitterly. I learned that many families were separated. Wives were there to take leave of their husbands, and husbands of their wives, children of their parents, brothers and sisters shaking hands perhaps for the last time, friends parting with friends, and the tenderest ties of humanity sundered at the single bid of the inhuman slave-broker before them. A husband, in the meridian of life, begged to see the partner of his bosom. He protested that she was free--that she had free papers, and was torn from him, and shut up in the jail. He clambered up to one of the windows of the car to see his wife, and, as she was reaching forward her hand to him, the black-hearted villain, Slatter, ordered him down. He did not obey. The husband and wife, with tears streaming down their cheeks, besought him to let them converse for a moment.

But no! a monster more hideous, hardened and savage, than the blackest spirit of the pit, knocked him down from the car, and ordered him away. The bystanders could hardly restrain themselves from laying violent hands upon the brutes. This is but a faint description of that scene, which took place within a few rods of the capitol, under _enactments_ recognized by Congress. O!

what a revolting scene to a feeling heart, and what a retribution awaits the actors! Will not these wailings of anguish reach the ears of the Most High? 'Vengeance is mine; I will repay, saith the Lord.'"

Of those sent off at this time, several, through the generosity of charitable persons at the north, were subsequently redeemed, among whom were the Edmundson girls, of whom an account is given in the "Key to Uncle Tom's Cabin."

From one of the women, who was not sold, but retained at Washington, I received a mark of kindness and remembrance for which I felt very grateful. She obtained admission to the jail, the Sunday after our committal, to see some of her late fellow-pa.s.sengers still confined there; and, as she pa.s.sed the pa.s.sage in which I was confined, she called to me and handed a Bible through the gratings. I am happy to be able to add that she has since, upon a second trial, succeeded in effecting her escape, and that she is now a free woman.

The great excitement which our attempt at emanc.i.p.ation had produced at Washington, and the rage and fury exhibited against us, had the effect to draw attention to our case, and to secure us sympathy and a.s.sistance on the part of persons wholly unknown to us. A public meeting was held in Faneuil Hall, in Boston, on the 25th of April, at which a committee was appointed, consisting of Samuel May, Samuel G. Howe, Samuel E.

Sewell, Richard Hildreth, Robert Morris, Jr., Francis Jackson, Elizur Wright, Joseph Southwick, Walter Channing, J.W. Browne, Henry I.

Bowditch, William F. Channing, Joshua P. Blanchard and Charles List, authorized to employ counsel and to collect money for the purpose of securing to us a fair trial, of which, without some interference from abroad, the existing state of public feeling in the District of Columbia seemed to afford little prospect. A correspondence was opened by this committee with the Hon. Horace Mann, then a representative in Congress from the State of Ma.s.sachusetts, with ex-Governor Seward, of New York, with Salmon P. Chase, Esq., of Ohio, and with Gen. Fessenden, of Maine, all of whom volunteered their gratuitous services, should they be needed. A moderate subscription was promptly obtained, the larger part of it, as I am informed, through the liberality of Gerrit Smith, now a representative in Congress from New York, whose large pecuniary contributions to all philanthropic objects, as well as his zealous efforts in the same direction both with the tongue and the pen, have made him so conspicuous. He has, indeed, a unique way of spending his large fortune, without precedent, at least in this country, and not likely to find many imitators.

The committee, being thus put in funds, deputed Mr. Hildreth, one of the members of it, to proceed to Washington to make the necessary arrangements. He arrived there toward the end of the month of May, by which time the public excitement against us, or at least the exterior signs of it, had a good deal subsided. But we were still treated with much rigor, being kept locked up in our cells, denied the use of the pa.s.sage, and not allowed to see anybody, except when once in a while Mr. Giddings or Mr. Hall found an access to us; but even then we were not allowed to hold any conversation, except in the presence of the jailer.

It may well be imagined that the news of my capture and imprisonment, and of the danger in which I seemed to be, had thrown my family into great distress. I also had suffered exceedingly on their account, several of the children being yet too young to shift for themselves. But I was presently relieved, by the information which I received before long, that during my imprisonment my family would be provided for.

Warm remonstrances had been made to the judge of the criminal court by Mr. Hall against the attempt to exclude us from communication with our friends,--a liberty freely granted to all other prisoners. The judge declined to interfere; but Mr. Mann, having agreed to act as our counsel, was thenceforth freely admitted to interviews with us, without the presence of any keeper. Books and newspapers were furnished me by friends out of doors. I presently obtained a mattress, and the liberty of providing myself with better food than the jail allows. I continued to suffer a good deal of annoyance from the capricious insolence and tyranny of the marshal, Robert Wallace; but I intend to go more at length into the details of my prison experience after having first disposed of the legal proceedings against us.

The feeling against me was no doubt greatly increased by the failure of the efforts repeatedly made to induce me to give up the names of those who had cooperated with me, and to turn states-evidence against them.

There was a certain Mr. Taylor, from Boston, I believe, then in Washington, the inventor of a submarine armor for diving purposes. I had formerly been well acquainted with him, and, at a time when no friend of mine was allowed access to me, he made me repeated visits at the jail, at the request, as he said, of the District Attorney, to induce me to make a full disclosure, in which case it was intimated I should be let off very easy.

As Mr. Taylor did not prevail with me, one of the jailers afterwards a.s.sured me that he was authorized to promise me a thousand dollars in case I would become a witness against those concerned with me. As I turned a deaf ear to all these propositions, the resolution seemed to be taken to make me and Sayres, and even English, suffer in a way to be a warning to all similar offenders.

The laws under which we were to be tried were those of the State of Maryland as they stood previous to the year 1800. These laws had been temporarily continued in force over that part of the District ceded by Maryland (the whole of the present District) at the time that the jurisdiction of the United Spates commenced; and questions of more general interest, and the embarra.s.sment growing out of the existence of slavery, having defeated all attempts at a revised code, these same old laws of Maryland still remain in force, though modified, in some respects, by acts of Congress. In an act of Maryland, pa.s.sed in the year 1796, and in force in the District, there was a section which seemed to have been intended for precisely such cases as ours. It provided "That any person or persons who shall hereafter be convicted of giving a pa.s.s to any slave, or person held to service, or shall be found to a.s.sist, by advice, donation or loan, or otherwise, the transporting of any slave or any person held to service, from this state, or by any other unlawful means depriving a master or owner of the service of his slave or person held to service, for every such offence the party aggrieved shall recover damages in an action on the case, against such offender or offenders, and such offender or offenders shall also be liable, upon indictment, and conviction upon verdict, confession or otherwise, in this state, in any county court where such offence shall happen, to be fined a sum not exceeding two hundred dollars, at the discretion of the court, one-half to the use of the master or owner of such slave, the other half to the county school, if there be any; if there be no such school, to the use of the county."

Accordingly, the grand jury, under the instructions of the District Attorney, found seventy-four indictments against each of us prisoners, based on this act, one for each of the slaves found on board the vessel, two excepted, who were runaways from Virginia, and the names of their masters not known. As it would have been possible to have fined us about, fifteen thousand dollars apiece upon these indictments, besides costs, and as, by the laws of the District, there is no method of discharging prisoners from jail who are unable to pay a fine, except by an executive pardon, one would have thought that this might have satisfied. But the idea that we should escape with a fine, though we might be kept in prison for life from inability to pay it, was very unsatisfactory. It was desired to make us out guilty of a penitentiary offence at the least; and for that purpose recourse was had to an old, forgotten act of Maryland, pa.s.sed in the year 1737, the fourth section of which provided "That any person or persons who, after the said tenth day of September [1737], shall steal any ship, sloop, or other vessel whatsoever, out of any place within the body of any county within this province, of seventeen feet or upwards by the keel, and shall carry the same ten miles or upwards from the place whence it shall be stolen, _or who shall steal any negro or other slave_, or who shall counsel, hire, aid, abet, or command any person or persons to commit the said offences, or who shall be accessories to the said offences, and shall be thereof legally convicted as aforesaid, or outlawed, or who shall obstinately or of malice stand mute, or peremptorily challenge above twenty, shall suffer death as a felon, or felons, and be excluded the benefit of the clergy."

They would have been delighted, no doubt, to hang us under this act; but that they could not do, as Congress, by an act pa.s.sed in 1831, having changed the punishment of death, inflicted by the old Maryland statutes (except in certain cases specially provided for), into confinement in the penitentiary for not less than twenty years.

To make sure of us at all events, not less than forty-one separate indictments (that being the number of the pretended owners) were found against each of us for stealing slaves.

Our counsel afterwards made some complaint of this great number of indictments, when two against each of us, including all the separate charges in different counts, would have answered as well. It was even suggested that the fact that a fee of ten dollars was chargeable upon each indictment toward the five-thousand-dollar salary of the District Attorney might have something to do with this large number. But the District Attorney denied very strenuously being influenced by any such motive, maintaining, in the face of authorities produced against him, that this great number was necessary. He thought it safest, I suppose, instead of a single jury on each charge against each of us, to have the chance of a much greater number, and the advantage, besides, of repeated opportunities of correcting such blunders, mistakes and neglects, as the prisoner's counsel might point out.

On the 6th of July, I was arraigned in the criminal court, Judge Crawford presiding, on one of the larceny indictments, to which I pleaded not guilty; whereupon my counsel, Messrs. Hall and Mann, moved the court for a continuance till the next term, alleging the prevailing public excitement, and the want of time to prepare the defence and to procure additional counsel. But the judge could only be persuaded, and that with difficulty, to delay the trial for eighteen days.

When this unexpected information was communicated to the committee at Boston, a correspondence was opened by telegraph with Messrs. Seward, Chase and Fessenden. But Governor Seward had a legal engagement at Baltimore on the very day appointed for the commencement of the trial, and the other two gentlemen had indispensable engagements in the courts of Ohio and Maine. Under these circ.u.mstances, as Mr. Hall was not willing to take the responsibility of acting as counsel in the case, and as it seemed necessary to have some one familiar with the local practice, the Boston committee retained the services of J.M. Carlisle, Esq., of the Washington bar, and Mr. Hildreth again proceeded to Washington to give his a.s.sistance. Just as the trial was about to commence, Mr. Carlisle being taken sick, the judge was, with great difficulty, prevailed upon to grant a further delay of three days. This delay was very warmly opposed, not only by the District Attorney, but by the same Mr. Radcliff whom we have seen figuring as chairman of the mob-committee to wait on Dr. Bailey, and who had been retained, at an expense of two hundred dollars, by the friends of English, as counsel for him, they thinking it safest not to have his defence mixed up in any way with that of myself and Sayres. Before the three days were out, Governor Seward, having finished his business in Baltimore, hastened to Washington; but, as the rules of the court did not allow more than two counsel to speak on one side, the other counsel being also fully prepared, it was judged best to proceed as had been arranged.

The trials accordingly commenced on Thursday, the 27th of July, upon an indictment against me for stealing two slaves, the property of one Andrew Houver.

The District Attorney, in opening his case, which he did in a very dogmatic, overbearing and violent manner, declared that this was no common affair. The rights of property were violated by every larceny, but this case was peculiar and enormous. Other kinds of property were protected by their want of intelligence; but the intelligence of this kind of property greatly diminished the security of its possession. The jury therefore were to give such a construction to the laws and the facts as to subject violators of it to the most serious consequences.

The facts which seemed to be relied upon by the District Attorney as establishing the alleged larceny were--that I had come to Washington, and staid from Monday to Sat.u.r.day, without any ostensible business, when I had sailed away with seventy-six slaves on board, concealed under the hatches, and the hatches battened down; and that when pursued and overtaken the slaves were found on board with provisions enough for a month.

It is true that Houver swore that the hatches were battened down when the Pearl was overtaken by the steamer; but in this he was contradicted by every other government witness. This Houver was, according to some of the other witnesses, in a considerable state of excitement, and at the time of the capture he addressed some violent language to me, as already related. He had sold his two boys, after their recapture, to the slave-traders; but had been obliged to buy them back again, at a loss of one hundred dollars, by the remonstrances of his wife, who did not like to part with them, as they had been raised in the family. Perhaps this circ.u.mstance made him the more inveterate against me.

As to the schooner being provisioned for a month, the bill of the provisions on board, purchased in Washington, was produced on the trial, and they were found to amount to three bushels of meal, two hundred and six pounds of pork, and fifteen gallons of mola.s.ses, which, with a barrel of bread, purchased in Alexandria, would make rather a short month's supply for seventy-nine persons!

It was also proved, by the government witnesses, that the Pearl was a mere bay-craft, not fit to go to sea; which did not agree very well with the idea held out by the District Attorney, that I intended to run these negroes off to the West Indies, and to sell them there. But, to make up for these deficiencies, Williams, who acted as the leader of the steamer expedition, swore that I had said, while on board, that if I had got off with the negroes I should have made an independent fortune; but on the next trial he could not say whether it was I who told him so, or whether somebody else told him that I had said so. Orme and Craig, with whom I princ.i.p.ally conversed, and who went into long details, recollected nothing of the sort; and it is very certain that, as there was no foundation for it, and no motive for such a statement on my part, I never made it. Williams, perhaps, had heard somebody guess that, if I had got off, I had slaves enough to make me independent; and that guess of somebody else he perhaps remembered, or seemed to remember, as something said by me, or reported to have been said by me; and such often, in cases producing great public excitement, is the sort of evidence upon which men's lives or liberty is sworn away. The idea, however, of an intention to run the negroes off for sale, seemed princ.i.p.ally to rest on the testimony of a certain Captain Baker, who had navigated the steamer by which we were captured at the mouth of the Potomac, and who saw, as he was crossing over to Coan river for wood, a long, black, suspicious-looking brig, with her sails loose, lying at anchor under Point Lookout, about three miles from our vessel. This was proved, by other witnesses, to be a very common place of anchorage; in fact, that it was common for vessels waiting for the wind, or otherwise, to anchor anywhere along the sh.o.r.es of the bay. But Captain Baker thought otherwise; and he and the District Attorney wished the jury to infer that this brig seen by him under Point Lookout was a piratical craft, lying ready to receive the negroes on board, and to carry them off to Cuba!

Besides Houver, Williams, Orme, Craig and Baker, another witness was called to testify as to the sale of the wood, and my having been in Washington the previous summer. Many questions as to evidence arose, and the examination of these witnesses consumed about two days and a half.

In opening the defence, Mr. Mann commenced with some remarks on the peculiarity of his position, growing out of the unexpected urgency with which the case had been pushed to a trial, and the public excitement which had been produced by it. He also alluded to the hardship of finding against me such a multiplicity of indictments,--for what individual, however innocent, could stand up against such an acc.u.mulated series of prosecutions, backed by all the force of the nation? Some observations on the costs thus unnecessarily acc.u.mulated, and, in particular, on the District Attorney's ten-dollar fees, produced a great excitement, and loud denials on the part of that officer.

Mr. Mann then proceeded to remark that, in all criminal trials which he had ever before attended or heard of, the prosecuting officer had stated and produced to the jury, in his opening, the law alleged to be violated. As the District Attorney had done nothing of that sort, he must endeavor to do it for him. Mr. Mann then proceeded to call the attention of the jury to the two laws already quoted, upon which the two sets of indictments were founded. Of both these acts charged against me--the stealing of Houver's slaves, and the helping them to escape from their master--I could not be guilty. The real question in this case was, Which had I done?

To make the act stealing, there must have been--so Mr. Mann maintained--a taking _lucri causa_, as the lawyers say; that is, a design on my part to appropriate these slaves to my own use, as my own property. If the object was merely to help them to escape to a free state, then the case plainly came under the other statute.

In going on to show how likely it was that the persons on board the Pearl might have desired and sought to escape, independently of any solicitations or suggestions on my part, Mr. Mann alluded to the meeting in honor of the French revolution, already mentioned, held the very night of the arrival of the Pearl at Washington. As he was proceeding to read certain extracts from the speech of Senator Foote on that occasion, already quoted, and well calculated, as he suggested, to put ideas of freedom and emanc.i.p.ation into the heads of the slaves, he was suddenly interrupted by the judge, when the following curious dialogue occurred: