Year: 1859

0teN oC'i hldhtt dgdln>t one VINO NAV
claim you, even white as you are, under
the fagitive slave act? Had the ma.
who sought to recover his slave, simpl,
limited himself within the acquisitions Of
that act, which your courts. in violation
OF all true and correct principles from
Cicero 10 Blackstone. have been pleased
10 recognize as law, he would, sir, have
lndIted his affidavit aud advertisement in
terms so general that ere this moment
you Honor may have handed me over a
shactlied victim Of official insolence, 10 be,
not slave on Carolina plantation. for
that | should never submit to, but tempt
ed TO shed human blood TO secure my lib-
erty."


At this poin. the crowd could no
longer be restrained, and the Court
House shook with ihe uprorous applause
of the then gathered multitude. The
noise having subsided the Judge with uu-
usual blandness of manner said:


Mr., Ward, i, is quite unnecessary to
proceed. There has evidently been I
mistake and the agent of the claimant may
withdraw his application, for l certainly
cannot grant it in lhls case


Here the L. S. District Attorney
sprang up and asked: Is your Honor
prepared TO attend 10 the other case e


"Yes," said the Judge, Il may as
well now"


While Ben's case had been proceed
ing, Sam and his charge had been brought
in, in this case without the irons, and had
seated opposite to Ben, aud where he
could see them distinctly. Addressing
himself to the lawyer who had volunteer
ed his services in his own case, he asked
him whether he were an abolilionist or
not. On being answered in the affirma-
tive, he whispered him TO get for him
from the vessel his coat that was In his
berth and to bring i; carefully,as there was
something in the pocket which he might
need. He did not wish 10 leave now, as
one of his down trodden class was to be
put upon the same sort of trial. The law
yer soon returned with the coat, and il
being very good one, it gave Ben quite
a changed appearance for the better.
The examination proceeded, and when
the description Of Joe was given, Ben for
the first time noticed the child with Sam.
/ The description in this case was not 50
specific as in the other, and the parties
came fully within the very letter of the
advertisement and affidavit Sam from
policy, that he might have a claim upon
his master to fulfill his promise, deter
mined as soon as he was taken to make
no effort at defence. And so frightened
was the chiId that nothing could be got
6y any one from that quarter


Although il had been only little more
than two years since the separation in
South Carolina, Bens speech was so dif-
ferent that it was not recognized by the
child, whose eyes were fixed all the zine
upon the floor


The case had proceeded to that point
when, if any defence was to be set up, it
was now high time tha; it should be Of
ferred. The same lawyer as in the 9TH
er case stepped over to Sam, and asked
him if he should defend him. lie shook
his head. The Judge then said:


" Mr.. Black, do not see that have
now anything else to do than to grant
yoar certificate as the agent Of Mr.Smith.
This man does not attempt to deny the
claim; and although, on account of that
poor little boy, whose Interesting couatc-
nance touches my sympathy, could wish
he were free, yet the law is plain and
mast do my duty"


4 Here Ben, who had been gazing fix
ediy upon the child for some time. rose
from his seat, and addressing the Judge.
said:


{" Would it be proper for me 10 testify
in this case, sir! For may il please
your Honor, ! can demonstrate to your
satisfaction that what / shall say is true.
" IL IS little out OF ORDER SAID the
Judge, . but if there be any good reason
why | should not grant the certificate, this
little boy is so nearly white, that to dis
courage Kidnapping white Children, viii:
give him all the chance the occasion al
lows"


eff your Honor please. in orier to es-

tablish firmly what 1 testify TO, viii re-
call your mind 10 the fact that | said too
much specification in my case, defeated
the purpose Of the claimant. Strangely
enough, your Honor is equally deceived
in this case. What IS the name Of the
child1 1t is said in the paper to be Jo-
sePh, or Joe. For your o.yn satisfaction


Z