The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1860-03-17
consisting Of fifty or a hundred people i

consisting Of fifty or hundred people III
Mr Stouts office, in Ottawa, on the even
ing OF the 18th of October, at which a com
mittee was appointed consisting of Mr.
Cook, Mr.. Leland, Mr. Gray, all members
OF the bar, to investigate the legality OF the
proceedings under which the negro was
held, and it was ascertained by the report
OF the committee to the meeting that an
effort would be made to hold him under
the fugitive slave law. if he was discharg.
ed from the writ of habeas corpus. Mr.
/ Cook states that he was desired by the
meeting to ascertain in company with Mr..
Leland and Mr.. Gray, by what legal pro
cess the colored man was detained. On
application to Mr.. Albright, they were told
| he was held by virtue of . warrant which
was then in the hands of Mr. Avery, the
attorney of Mr.. Phillips. On going to Mr..
Averys Office, the warrant of the commits
sioner, with the deputation on it, was
shown to them Mr.. Roots, who accompa-
MED Mr.. Albright and his party from Per
ry county to Ottawa. and who seems to
have had full knowledge of the fact that
there was warrant in his hands for the
negro, states that he was present at the
meeting on the evening of the 10Th, (of
which the defendant was chaisnan.) that
|
knew about the negro, and his suspicious
as TO the object of those who had him in
custody; that tue committee reported to
the meeting, there was q commissioner s
| warrant out. but owing to some defect in
/ 1t they were not allowed to sec it At the
hearing on the 10Th, Mr.. Roots stated to
Judge Cation, for the benefit Of the people
! present, that as the negro was worth 81 :
I 3oO to his owner and nothing to them, he
/ hoped they would not attempt to deprive
him Of his property. This lie said at the
! request of Mr.. Phillips. Judge Cation de-
| clares that he said publicly in the room,
; before any attempt at rescue that he sho'
I discharge the negro under 4 writ of ha6eas
corpus but should remand him to the pos.
session Of Albright, as deputy marshal, to
be taken before the commissioner, that
! before ne concluded his remarks there
/ was crowd around, and some interest
: and excitement upon the subject. and
! therefore he made the appeal which has
been referred to, and which after the vote
of Mr.. Stout was put he again repeated
attn not aware Of any evidence which con.
! tradicts or weakens this testamony, and II
! yot believe It, it is for you TO determine
whether you have any reasonable doubt
! that the defendant knew at the time O!
his alleged action, that the negro was claim.
I ed as a fugitive from labor, under color OF
a warrant or process. and i'll the custody o.
Albright protesting TO act by its authority
! |! he had that knowledge, or if he was in.
/ formed OF facts which gave him reasonable
grounds u believe il, what be did was
done knowingly Some question has been
made by the defendants counsel whether
/ he WAS present at the time Of Judge Ca
tons appeal, II is for you to determine if
/ you shall consider it material, and it is
proper TO remark that if the defendant
( was not in point of fact there, he knows it
f and and also knows where he was and the
| only evidence he has introduced Is that o.
Mr.. Bristol. and Mr.. G. B. King. vino sta
+ ted that the defendant was seen on the
street near the court house-the latter
says from thirty TO forty-five minutes be
fore the escape Of the negro
1t has been said that the defendant be
liered the process or authority Of the ofti
Ger 10 be illegal and that he was acting
conscientioasly in what he did He was
not authorisnd TO decide - To the legality
! az abe process or power Of the officer. The
I des5ndau4 acted 'xt n11 peril Neither can
he excuse a violation of the law and the
rights Of others by claiming that he fol
I lowed the dictates of his concience Such
I tis conscience thinks servitude blessing to
/ the master and 10 the slave, in seizing any
/ free negro to reduce him 10 slavery in spite
of the laws against kidnapping Neither
/ the advocate of slavery nor its opponent
! can appeal to his conscience in justification
/ the one OF enslaving, the other OF re<cuing
/ the negro in violation of the constitution
4 and laws
! There are questions of law in this case
I of some moment and the court has decided
! them, and that decision you are to regard
rs obligatory upon you. But of the facts
| you are TO form your own conclusions. 1t
/ is not meant by this that you ought arbi
| trarily or out of mere caprice to disregard
/ the evidence, but that when it is confiic
/ ting you are to decide where the prepon
derauce is. and to determine for yourselves
as TO the degree Of credit which is to be
| given to each witness The object of the
evidence is TO convince the minds of the
jury of the truth or falsity of the material
| allegations in the Indictment and if, afte,
a calm and deliberate examination and
consideration of the evidence you are con
/ vinced beyond reasonable doubt under
I the law announced to you by the court
and under the facts. that the defendan,
committed the offense with which he i:
charged, you will say so by your verdict
/ II, however, under the law and evidence
you believe he did not commit the otfense
k as charged, then you will so state.
! And perhaps here the duty Of the cour,
would if this were an ordinary case, be per
formed. But it may not be improper tc
| add few suggestions Ths case which we
have been trying involves a most exciting
subject, that of slavery in these United
States. 1t is tried in northern state
where the institution does not exist and
before jury Of northern men, and before
a judge who was born and has always lived
in northern state. Our sympathies may
therefore be presumed to be all against sla
very and in favor of freedom. But the
same constitution which our fathers framed
and the same laws passed in pursuance o
it, operate with the same force alike in the
north and the south. They bind you as
jurors and me as o judge under the mos,
solemn sanctions. They are obligatory
upon every citizen. Since this great com
pact was formed, now more than seventy
peared from the northern states where il
| then existed, but it has ceased to exist un
| der the sanctions of the constitutions and
| laws of tho states, and not by force and VIC
lence, and it may with great degree oi
confidence be affirmen that in our day and
generation, at least, it can never cease to
| exist in any other way. In the southern
states, on the other hand. slavery has in
creased and extended. and while at the
north the feeling against it, and at the
south for it, has become intensified more
and more, we must not forget that we do
not sit here to represent the passions OF
the hour, but calmly and solemny to decide
questions of law and facts under the con,
stitution and laws.
In the great contest upon this subject
there is no other course for us to pursue
than obedience to the law. And if citi
zen, however high his character or respec.
table his position, is found setting 1t at
| defiance and tramnl,np the mandates Oi