Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1858-07-16

Sd Monday of tho following month. In
due time true bill was found, indicting him
for intending and ondeavoring to stir up,
provoke, instigate and incito negro slaves
to commit mutiny and rebellion against
their respective masters and lawful owners,
and to break the peace Of the State, DC,
&c. AS great pains had been taken TO in.
iamc the public mind against him in Wash
ington county, the cause was changed to
Frederick County Court, at the instance of
his counsel, to be tried at tho March Term,
1919.
The case having como on, Mr.. Anderson,
tho Attorney for the State, reminded tho
Jury that liberty Of opinion and speech was
the privilege Of every citizen; that If Mr.
Gruber had no criminal intent in his sermon,
ho had committed no ofFensc, and that it
was thcir province tojudgc of this question.
What an honorable example for prosecutors
under slave laws nowadays to followi
Counsel for the accused, Mr.. TANEY, now
Chief Justice Of the United States, Mr..
Pigman and Mr. Martin, the latter Meth
odist preacher.
The evidence on behalf of the State, as
we'll as that on the part of Mr.. Gruber,sub-
stantially sustained the preachers report of
his own sermon. Not particle Of evi-
dence was adduced to-show a criminal in
tent, while all the testimony in his behalf
went to establish its utter absence. The
States Attorney did not even argue the
case, but told the Jury, that "he never could
consent, contrary to his conscience and tho
best light of his own Judgement to use any
effort to convict any man Of an offense
charged against him, when ho thought,
from the evidence, that there was no crime
committed"
Mr.. Martin, Mr.. Pignan and Mr.. Taney,
however, each addressed tho Jury, when
they retired for few moments, and returned
with averdict of Nor Gurlrr. The speech
es Of Mcssrs. Martin and Pigman have boen
preserved, but Mr., Taney's closing address
was never writtcn out, owing, it appears, to
i'll health.
We have, however, his opening speech to
the Jury on the part of Mr.. Gruber, and as
frequent reference has been made 10 it since
tho Dred Scott decision, we propose to give
such parts Of it entire as will throw light
upon his early opinions on the Slavery qucs-
ton.
"The prosecution" said Mr.. Taney, twas
without precedent in the judicial annals of
Maryland. The rights of conscience and
tho freedom of speech wero fully protected
by the liberal and happy institutions of the
state: no man can be prosecuted for
preaching the articles of his religious creed,
unless his doctrine is immoral, and calcula-
ted to disturb the peace and order of socie-
ty. Subjects of national policy may at all
times be freely and fully discussed, in the
pulpit or elsewhere, without limitation or
restraint. If Mr.. Gruber's doctrines be not
immoral, if they be not calculated to dis
turb the peace and good order of society,
he had an undoubted right to preach them
in such language as seemed proper to him.
The feelings or the fears of his hearers
could not take this right from him. But
he was not accused of preaching immoral
or dangerous doctrines. He is charged
with an attempt to excite insubordination
and insurrection among the slaves, and the
intention Of the preacher is the essence of
the crime, and though his language or doc
trines might help to show his intention
they cannot constitute the offense. 1t was
necessary, in order to support tho prosecu-
ton, to prove the intention.
But though Mr.. Gruber's language icon.
tinued Mr.. Taney) was evidence of his in
tentlon it was not conclusive. 1t may be
rebutted by other testimony equally strong.
He has right to refer to the general scope
OF his sermon, to the occasion on which it
was preached, to the character of the audi
ence, to the opinions of the Church to
which he belongs, and to the history of his
own life, as proofs of his own innocence.
Mr.. Gruber had been minister of the
Methodist Episcopal Church for twenty
years and had borne spotless character
One of the objects of his Church was the
gradual and peaceable abolition of Slavery
in the United States, and its preachers were
accustomed in their sermons to speak of tho
injustice and aggression of Slavery. Ifany
Shareholder deemed it dangerous to suffer
his slaves to learn that all Slavery is unjust
and oppressive, or could persuade himself
that they would not of themselves be able
to make the discovery, he could keep them
from going where such doctrines were likely
to be preached.
MIR. Gruber's address was directed par
ticularly to the masters. 1t sought to re-
form their hearts. 1t may be said TO have
been injudicious, impolitic, dangerous, like
ly to produce insubordination among the
slaves, but if his motives were pure, if he
was innocent Of any design to produce this
mischief he would still be entitled to an
acquittal, for he is not on trial for preaching
doctrines calculated to disturb the peace
and order of society"
Such is tho summary of Mr.. Taney's
speech thus far. We now give what follows
in his own words, for this is the gist of his
speech SO far as it concerns his own opinions
upon Slavery.
"But the reverend gentleman" continues
MT. Taney in bis own reported language
'merits defence on very different princi-
pies. The counsel to whom he has conf
ded his cause could not content themselves
with cold and reluctant acquittal. and
abandon Mr.. Gruber without defense TO all
the obloquy and reproach which his ene-
mics have industriously and most uniustly
heaped upon him. We cannot consent 10
buy his safety by yielding to passion, preiu-
dice and ayarice the control of future dis
cussiens on this great and important cues