Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1886-02-05
The "Hero Waiting for "A statue.


The "Hero Waiting for a Statue"
[From the n. Y. independents
In the independent of May 2Sth, last.
gave an account, such as had been able,
after many inquiries, to obtain, of the Hon.
Theophilus Harrington, the Judge of the
supreme Court of Vermont, who made
famous decision, that nothing short of "a
bill of sale from God Almighty" would
create valid title toa slave NV object
was TO prod the patriotism of my native
state, If possible, into providing some
worthy and permanent memorial of the
man whose decision had given an imper-
ishable luster TO her annals. the article,
am glad to say, attracted wide attention
in Vermont, having been copied by the
leading journals of the state. 1t brought
me also letters of thanks from several eX-
ce!lent citizens. who encouraged me to
hope for the ultimate realization of my
purpose and, though my seventysiXth
winter is upon me, do not despair of liv
ing long enough to see the statue, so well
deserved, and, on my part, so earnestly de
sired ! think | should die all the happier
ut last, if | could know that the brave
Judge had been thus honored even though
mine own eyes had never beheld the
sight.
Among the letters which my article
I
that must not be withheld from publ
cation. some persons have been inclined
to regard the story of Judge Harrington
as myth rather than Il reality but this
letter, even in the absence of other testi-
mony, would be quite sufficient to cstab-
lisll for II place rs verltable history. The
information 1t conveys, moreover, Is OF
value rs revealing the mental process by
which the Judge reached his remarkable
conclusion, and showing why that con-
cluSlon-at once so revolutionary ana
startling appears 10 have carried with II
he conscience aud the commOn-sense OF
Nermonters at the time when ii was ut
tered. Here Is the letter:
LETTER FROM nov DANIEL poRrRTs
bl kLlN"loN, l., Aug |olh' 1881
"Nr. Olircr Johnson:
"MV Dear Sir:-Knowing your interest
in the fame of Judge Theophllus Harring-
ton, as the author of that celebrated de
CSOm, unrepOrted except in tradition, in
the early Vermont fugitive slave case,
will give you, as it came to me from my
once friend and college classmate, Edward
d. Barber, of Middlebury, whom Won will
remember IA more direct and authentic re
port of the case than, as | think, exists
elsewhere. Mr.. Barber reported it to me
as it was reported to him by the venerable
Horati0 Seymour, of Middlebury, Sena-
tor of Vermont in Congress, who was him
/
ITO appreciate better the humorous
appositeness of the rough Judges rulings,
it should be understood that in making
perfect title to lands in Vermont, as in
eJectineht, etc, II was necessary to trace
the tltle pacK through successive convey,
lhces 10 some one Vi lhe grantees named
III the cHarter Oh the town., granted by the
COLONIAL Governor OF New hampshire
sucn grantee pelhg therelore called the
Original proprietor; ms was tne we'll
understood law oi ialu trlalS, Whlch were
common IN those days. AsSenator SeY-
mour reported II, the Save claimant III
| trouuceu evidence OF MS possession or the
man as Save MS escape etc, and offer
GU Suhufy tltle-paperS IN the form OF DIS
OF sale, etc' pnt the Judge seemed hard
TO satisfy, as one paper after another was
offered, occasionally .ooserYlng You
doh go Dack 10 the "llglhu proprietor,
uhtll the cIalhaht counsel, quite out OF
patience, asked, w nat, theh, would your
honor nave ne answer was, y bill OF
SAFE from God Alnl@hlN.' AS no such
tlllt- paper cOulu ne ploluccV, tue trclnD-
ing negro was, by order Of Court, set
/ lrec.
In the me OF thI9 decision Is the case OF
SelectnIen rs. Jacobs, decided IN lNU2, and
! reported IN two tyler, l"!. The substance
Is TINS; NO inhabltant of this state car
hold a person as slave therein. y bill of
sue ol y 5ii,Ht executed III 'tnother state,