The Portage County Democrat. [volume] (Ravenna, Ohio) 1854-1868, 1859-05-25

buOec t0cu were uOuBu 10 TAKE tuelr pTlSuue
before the very first magistrate they found
and there establish the facts set forth in thei
warrant, and that until they did this every maj
should presume that their claim was unbound
ed, and to institute such proceedings for th,
purpose of securing an Investigation as the,
might find warranted by the laws of this State
Now. sir, if that is not the plain, common sens
and correct view of the law. then have beer
misled both BY your Honor. and BY the prev
tlent received opinion. r77fs
It is said that they had a warrant WHY
then should they not establish its validity be
fore the proper officers Z And { stand here
to day sir, to say that with an exception o
which shall soon speak. to procure such d
La,cfnl investigation Of the authority nader
,rhiea they cta'med to act, ,oas the part took
TN that days proceedings, and tie only part
supposed it to be my duty as citizen o.
lOhio-excuse me for saying that, sirius an
ostta,O Of the United States, [much sensa
tion] Ito do what ! could to secure at least
this form of Justice to my brother whose lib.
Ierty was in peril. Whatever more than thai
has been s,corn to on this trial, as act OF
mine, is false, ridiculously false. When l
found these men refusing to go according to
the Law, as apprehended it, and subject their
claim to an official inspection, and that moth
ing short Of a habeas corpus would oblige such
an inspection, / was willing to go even thus
far, supposing in that county Sheriff might
perhaps, be found with nerve enough to serve
|it. In this again failed. Nothing, then was
left to me, nothing to the boy in custody, but
the confirmation of my first belief that the
pretended authority, was worthless, and the
employment of those means of liberation
which belong to US. With regard to the part
took in the forcible rescue which followed
have nothing to say, further than have al
ready said. The evidence is before you. II
lis alleged that said zoe will have him any.
how This I NEVER said. did say to Mr..
4 Lowe. what I honestly believed to be the
truth, that the crowd were very much excited
many of them ayerse to further delay, and
bent upon rescue at all hazards; and that he
being an old acquaintance and friend of mine
was anxious 20 extricate him from the dan
gerous position he occupied, and therefore
advised that he urge Jennings to give the hoy
up. Further Than this did not say, either to
him or any one else. <i-4 ~
The law under which am arraigned is an
unjust one, one made to crush the colored man
l.. - . r-
and one which eutrages every feeling of hu
imanity, as well as every rule of right. have
nothing to do with its sconstitutionality; about
that care bat little have often heard il
said by learned and good men that it was .un
constitutional; I remember the excitement
that preEaiied throughout all the free States
when it was passed; and I remember how
often it has been said by individuals, conven
I tions. communities and legislatures, that i
never could be, never should be, and neve
was meant to be enforced. had always be
lieved until the contrary appeared in the &C
tual institution of proceedings, that the pro
visions of this odious statute would never b,
lenforced within the bounds of this State.
4 But have another reason to offer why
should not be sentenced, and one that I thin
pertinent to the case. have not had tris
before jury of my peers The common law
fof Englafd-and you will excuse me for re
. lferring to that, since am but a private cit
zen-was that every man should be tried bt
fore a jury of men occupying the same positio
in the social scale with himself. That lord
should be tried before jury of lords; this
peers of the realm should be tried before peel
of the realm; vassals before vassals, and alien
before aliens, and they must not come froI
z the district where the crime was committe,
lest the prejudices of either personal frient
9 er foes should affect the accused. The Coz
stitution of the United States guarantees N,
merely to, its citizens, but to all persons,
trial before an impartial jury. have had I
such trial.
The colored man is oppressed by certa
universal and deeply fixed prsudices. Tho
jurors are well known to have shared large
in these prejudices and therefore consid
that they were neither impartial, nor were tn
a jury of my peers. And the prejudices viii
= white people have against colored men gre
out of the fact that we have as a people CO
sented for two huedred years to be sLaVes
the whites. We have been scourged, crush
and cruelty oppressed. and have submitted
it all tamely, meekly, peaceably; mean as
people. and with rare individual exceptions,
and to day you see US thus, meeklY submitti
!, TO the penalties of an Infamous law. Now t
; Americans have this feeling, and it is an ht
!. orable one. that they will respect those W
} will rebel at oppression, but despise those W
tamely submit to outrage and wrong; a
, while our people as a people submit, they '
? as people be despised. Why, they
- hardly, meet on terms of equality with us il
5 whisky shop, in ear, at table, or even
: the altar Of God. So thorough and hearty
t. contempt have they for those who viii NEE
r. lie still under the heel of the oppressor 7
;. jury came into the box with that feeling
q They knew they had that feeling. and SO
= Court knows now, and knew then. The g
~ tlemene who prosecuted me, the Court its
e and even the counsel who defended me, hi
q 9. ss,5a.s 4i.fs sssl o.,
!. that feeling es .
It I was tried by a jury who were prejudic
before a Court that was prejudiced; prose
- ted by an officer who was prejudiced, and
: q Tended, though ably, by counsel that VI
prejudiced. And therefore it is, your Hor
{ that I,urge by all that is good and great
!, % manhood, that should not be subjected
the pains and penalties Of this oppressive
% when + have not been tried, either by q,