Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1859-04-29
Jaatrhman & Stair 5ouu,aL.
MONTPELIER. ArRIL %, 1859.
EXTRAORDINARY TRIAL UNDER THE
FUGITIVE SLAVE LAW.
by r. p WALTON

Cleveland, Ohio, is just now the scene OF
ono of She most remarkable trials that has
ever occurred in this country, reminding one
of tho political trials in England under vii
famous judges like JeiIries, or in Ireland, in
the days of the iuformers, made memorable
by the oloquonce of Curran.
The facts in the case are substantially the
following. In January. 1856. two slaves,
John and Dinah, belonging to John q. Bacon,
Of Mason Co., KY, accompanied by boy
named Frank, who was the slave of one Of
Mr.. Bacons noighbors. took two Of Bacon
horses, and Herewith escaped across the river
on the ice into the State Of Ohio The horses
were soon found by Bacon, but John and
Dinah we're not forthcoming. In the sum
mer of 1858, n neighbor Of Bacons, named
Anderson Jennings. while hunting for some
of his own estray slaves, found colored man
at Obcrlin, Ohio, who appeared to answer The
description of Bacon's missing John. There
upon. Jennings arranged with Bacon to cap
ture this colored man and deliver him up, on
condition that Bacon should pay to Jennings
on sale as a slave Bacon thcreupon gave
Jennings a power Of attorney to seize bis
slave John; and Jennings procures KEN
tuckian. named Mitchell, as an assistant and
both proceed to Columbus, Ohio. Here they
procure warrant, which was put into the
hands Of a Deputy q. S. Marshal one J. x.
Lowe; and armed with these papers, the
party 20 into the neghborhood Of Oberlin,
place where anti-slavery sentiments are in
tin ascendant They dare not go into ODER
lin. and therefore hire boy, for $50, to de-
COY the colored man out Of the village on
preteuce Of employing him to dig potatoes for
the boys father The ruse succeeded and
the man was seized and carried to Yelling
ton. 10 the meantime, the people Of Ober-
lin had been excited by rumor that Iidnap-
pers we're about. and had attempted to carry
of acolorcd family few nights previously
and when news came that the man claimed
John had boon captured, a crowd at once
proceeded to Wellington, and surrounded the
inn where Jennings. Mitchell, Lowe and the
linans were in strong lorce--perhaps humid
red or two, though Jennings sworo that
There were more than a thousand men, half
or more of them armed with guns, pistols,
rifles and knives" However this may be,
the Obcrlinians demanded the colored man,
and the man-hunters dare not refuse; they
suffered the man to go, and have not seen
him since.
Now for the prosecution by the U. S. Gov
ernment. Thirty-nine citizens of Oberlin
and vicinity were first identified as rescuers
in this case: but two Of the persons impli-
Gated happened to be Democrats, and there
fore the Federal District Attorney entered a
noHe prostqui as to them So the two DEM
ocrats were discharged, and the thrty-seven
men, who could not plead democracy in abate-
ment, were duly indicted and held for trial,
under the provisions, pains and penalties of
the Fugitive Slave law. We tell the story
as we find it, and warn the reader to keep
cool at this intimation of political fayoritsm
on the one side and political persecution on
the other This is but single item on that
score, and is to be backed by more of tho
same sort The thirty-seven, who were not
Democrats, were held for trial, as We have
said and they appeared at Cleveland in due
time to undergo the ordeal
Now for the trial and first as to the jury
ouery man summoned on tie tale ,oas Demo
GRAFT For the Court his Honor, II. V
Wilson. in 1850 was member of a committe
which reported a series Of resolutions to
convention, denouncing the Fugitive Slay
law but he has made his peace with tn
powers that be, and is now Democrat
Judge. For the counsel for the Govern
ment: both were free-soilers formerly, bu
both sold out to the democracy. Thus
court and lawyers are new converts to slave
cratic democracy this perhaps accounts 70
the extraordinary zeal manifested by them i
this trial and the jury Is democratic, toe
There never was case more strongly an
strangely political. 1t was made so by tn
instruments of the government; and W
scarcely need add that the political lender.
lawyers and people of Cleveland, on the Re
publican side, have promptly responded in III
same spirit. The thirty-soven citizens
Oberlin are defended, cheered supported
so many martyrs for Republican principles.
The proof, of course, exhibited the fac
we have already detailed but more and yer
important facts for the defence. In the fir
place, Lowe was Marshal of the Southci
District Of Ohio, and the warrant for the ARE
Of the negro was issued in the Southern Di
trct; but the arrest was made in the Northei
District: so that the warrant was NULL an
Lowe acted without judicial authority II
indictment therefore ignored these facts, an
proceeded solely on the strength of the pom
Of attorney given to Bacon by Jenning,
claiming, of course. as the basis of it. tn
Bacon (the MASTERY had the legal right
take his slave in free State, toithom iou
rant, By virtue of the simple power Of alto
ney. The defence took exceptions both
this point of law, and also to the validity
the power of attorney from Bacon--proyii