The Trial of Reuben Crandall, M.D Part 3

Mr. Key read the parts of his own speech not enclosed in brackets, to show the difference of meaning in the whole papers, and the difference of intent. The paragraph in brackets was read by Mr. Bradley.

The following is from Mr. Harrison's speech:

"But a dearer land to our hearts is too to be regenerated. A wretched cla.s.s, cursed with ineffectual freedom, is to be made free indeed, and an outlet is to be opened to those who will voluntarily disenc.u.mber themselves of the evil and the threatening ruin of another domestic pestilence. Public opinion must be the only agent in this: the most reluctant shall not be forced; the most timid shall not be alarmed by any thing we are to do. Hitherto and henceforward our plan has been and shall be without constraint on any one, and never shall we offer any argument or invitation to humanity divorced from patriotism. To this truly quiet, unofficious spirit, do I trust for bringing about the time when we shall be one h.o.m.ogeneous nation of freemen; when those great principles now true of us only in part, shall be true in the whole; and when the clear light now in our upper sky only, shall brighten the whole expanse of the American character."

The speech of Mr. Key, the District Attorney, is as follows:

"On behalf of the Board of Managers, who had this night seen and heard all that was calculated to animate them to a faithful discharge of their duties, he begged leave to present a resolution of thanks for the zealous co-operation of the Auxiliary Societies throughout the United States. In the increasing exertions of these valuable branches of the parent Inst.i.tution, the Society believed itself to possess the most satisfactory pledge that its design had received the approbation, and would ere long enjoy the support of the great body of citizens throughout our country. Such an antic.i.p.ation was not to be thought delusive, because the opposition made to the Society at its commencement still continued. On the contrary, this very opposition, properly considered, affords the fullest proof of the wisdom of our object, and the fairest presage of its success.

"At its origin the Society found itself in a very extraordinary situation. It had scarcely been formed when it was a.s.sailed by opponents of the most contrary character, from the North and South. Men who held, upon these subjects, the most opposite views, who agreed in no one thing that related to our colored population, united in denouncing us.

This state of things, in some measure, still continues. But the Board of Managers have long ceased to look upon it with alarm. They soon perceived that a wisdom far higher than their own, was, in a way most contrary to their expectations, gradually preparing the public mind for a fair consideration and favorable reception of their measures. They were compelled to see and to acknowledge that it was best it should be so. Had the design of the Society been approved and supported in the outset by either of these opposing parties, it must have encountered the settled and irreconcileable opposition of the other; but as it is, the Society, instead of being espoused by the North in opposition to the South, or by the South in opposition to the North, has been silently filling its ranks with converts from both. Its cause has been gradually bringing over the moderate, the reasonable, the humane, the patriotic, from all parties and from every portion of the Union to give their aid and countenance to the support of a scheme which they once opposed only because they misunderstood it. I have adverted to this extraordinary opposition that the friends of the Society may not be dismayed by it; and I take this occasion to address a few words to each of these cla.s.ses of opponents.

["I would premise what I have to say to them by stating two very plain propositions. The first is, that the subject of slavery, in some way or other, will come into the thoughts, feelings, and plans of men situated as we are. It is vain to say--let it alone. There may have been a time when the excitement now felt on this subject might have been stifled.

When it was determined by our fathers to secure to themselves and their posterity the rights of freemen and the blessings of independence, then should they have been warned of the exciting consequences that would result from the acquisition and enjoyment of such rights. Then should it have been shewn how they would lead to conceptions and discussions dangerous to the rights of property and the public peace. Then should they have been called to choose between these conflicting interests, and to count the cost of what they might lose by declaring to the world that all men were free and equal, and appealing to heaven for its truth. But there was, then, no man cold enough for such a calculation; no man who could darken the brightness of that day by raising such a question.

It is too late now. In this age, in this country, the agitation of this subject is unavoidable. Legislation never can restrain it. Public sentiment never will. You may as well forge fetters for the winds, as for the impulses of free and exulting hearts; if speech and action could be repressed, there would be excitement in the very looks of freemen.]

"The other proposition is this, that among the plans and descriptions that relate to this delicate subject, it must happen that some will be rash and dangerous.

"It is not to be expected, that men, not well informed of facts as they exist, and misled by the ardor of an inconsiderate zeal, will not devise projects and hold them out to others, which may be attended with the most disastrous consequences. This is the nature of things. It must ever be so upon every subject, which like this contains within itself the elements of great excitement; more especially when that excitement is connected with some of the best principles and feelings of the heart.

"Now, sir, put these two propositions together; that silence and inaction are unattainable, and dangerous and improper projects almost unavoidable, and what are we to do? Something we must do. However desirous we might be to do nothing, it is impossible, because others will not consent to do nothing; and if we relinquish the task of action, it will infallibly fall into hands most unfit to receive it. Nothing remains, then, but to devise something safe and practicable and place it in prudent hands.

"And now, sir, I would respectfully ask our opponents, of both descriptions, to consider whether this has not been done by the establishment of this Society. I would ask the abolitionist to suspend his own labors, and consider the object and the consequences of ours. I would ask him if it is not better to unite with us in what is safe and practicable, and may be managed with the consent of those, whose consent is not to be dispensed with, than to attempt to force his own views upon men, by means which they denounce as dangerous.

"Sir, this is the appeal which has been made by the Society, and which it yet makes to one cla.s.s of its opponents. Nor is it altogether unsuccessful. Many active and benevolent men are now with us, who, but for this Society, would have been working on their own more questionable projects, and vainly attempting what, perhaps, can scarcely be pursued, with safety to the peace and happiness of the country.

"And may we not appeal also to our brethren of the South--and ask their fair consideration of the two propositions I have suggested? If feeling, discussion, and action, in reference to a subject upon which they are so sensitive, cannot be extinguished, is it not wise to endeavor to moderate and restrain them? May they not, if they cannot give their approbation to our Society, as good in itself, at least bring themselves to tolerate it as the preventive of greater evils? May it not be wise for those who must know that there are schemes more alarming to their interests than colonization, to suffer us to enlarge our sphere of action, and bring those who would otherwise be engaged in dangerous and injudicious projects, to unite in our safer labors? May we not claim at least this merit for our labors:--that they are safe? May we not appeal to the experience of eleven years, to show that the work in which we are engaged can be conducted without excitement or alarm? And who are we, we may be permitted to ask, to whose hands this charge has been committed? We have the same interests in this subject with our Southern brethren--the same opportunity of understanding it, and of knowing with what care and prudence it should be approached. What greater pledge can we give for the moderation and safety of our measures than our own interests as slaveholders, and the ties that bind us to the slaveholding communities to which we belong?

"I hope I may be excused if I add that the subject which engages us, is one in which it is our right to act--as much our right to act, as it is the right of those who differ with us not to act. If we believe in the existence of a great moral and political evil amongst us, and that duty, honor and interest call upon us to prepare the way for its removal, we must act. All that can be asked of us is, that we act discreetly--with a just regard to the rights and feelings of others;--that we make due allowances for those who differ with us; receive their opposition with patience, and overcome it by the fruits that a favoring Providence, to which we look, may enable us to present from our labors."

The next pa.s.sages were from a speech of Mr. Custis, as follows:

"Sir, the prosperity and aggrandizement of a State is to be seen in its increase of inhabitants, and consequent progress in industry and wealth.

Of the vast tide of emigration, which now rushes like a cataract to the West, not even a trickling rill wends its feeble course to the Ancient Dominion.--Of the mult.i.tude of foreigners who daily seek an asylum and a home, in the empire of Liberty, how many turn their steps toward the regions of the slave? None. No not one. There is a malaria in the atmosphere of those regions, which the new comer shuns, as being deleterious to his views and habits. See the wide-spreading ruin which the avarice of our ancestral government has produced in the South, as witnessed in a spa.r.s.e population of freemen, deserted habitations, fields without culture, and, strange to tell, even the wolf, which, driven back long since by the approach of man, now returns, after the lapse of an hundred years, to howl o'er the desolations of slavery.

"Where, I ask, is the good ship Virginia, in the array of the national fleet? Drifting down the line, sir,--third, soon to be fourth. Where next?--following in the wake of those she formerly led in the van: her flag still flying at the main, the flag of her ancient glory; but her timbers are decaying, her rigging wants setting up anew, and her helmsman is old and weatherbeaten. But let her undergo an overhaul, let the parts decayed by slavery be removed, and good sound materials put in their stead, then manned by a gallant crew, my life on it, the old thing will once more brace upon a wind, aye, and show her stern to those who have almost run her hull under.

"Let me say, sir, in this legislative hall, where words of eloquence have so often "charmed the listening ear," that the glorious time is coming when the wretched children of Africa shall establish on her sh.o.r.es a nation of Christians and freemen. It has been said that this Society was an invasion of the rights of the slaveholders. Sir, if it is an invasion, it comes not from without. It is an irruption of liberality, and threatens only that freemen will overrun our Southern country--that the soil will be fertilized by the sweat of freemen alone, and that what are now deserts will flourish and blossom under the influence of enterprise and industry. Such will be the happy results of this Society.

"Let the philanthropist look at the facts. Nearly two millions of this unhappy people tread our soil. In the Southern climate their increase is more rapid than that of the whites. What is the natural result, if some means are not applied to prevent it? What is now, compared to our own population, but as a mole hill, will become a mountain, threatening with its volcanic dangers all within its reach. What is the next consequence?

Why, as in the slave colonies of other countries, you must have an army of troops to keep in awe this dangerous population. What a sight would this be in a land of liberty! The same breeze that fanned our harvests, that played among the leaves of the cane and the corn, would also rustle banners of war! By the side of implements of agriculture, employed in the works of peace, will appear the gleam of arms. Shall it be said that we are not liable to the same vicissitudes that have overtaken other nations? No, sir; we are operated upon by the same circ.u.mstances to which other nations have been subjected.--The same causes will produce the same effects, as long as the nature of man is unchanged, in every clime.

"I trust, sir, that the march of mind is now upon its glorious way. I trust that the minds of all have been sufficiently opened to the true interest and glory of the country, to agree with me, that this is no fitting place for the slave. That this country must, at some future time, be consecrated to freemen alone. There are many individuals in the Southern country, of which I am a native, who predict that the plan must fail. They say we shall go on and partially succeed, that a portion of the black population will go out to the colony, and after residing there a short time, become discontented, when the plan must be given up--and that the evil which we have endeavored to remove will be only the worse for our exertion to obviate it. But this, sir, will not hold true. It was, as it were, but a few day since, a small number of individuals were thrown upon the sh.o.r.es of Africa. And what is the result? Here let it be said--in the palace of legislation--that this people, but just now a handful, are rising to consequence, and to a capability of the enjoyment of political and civil rights;--and let us say to those who doubt--this is the evidence in favor of our plan! Ought not this to join all hearts, and call forth renewed exertions from those whose labors have thus far been crowned with unexpected success?

"May not this be looked upon as a glorious work, the success of which has been demonstrated! And when the time shall come,--and I trust in G.o.d it will come--when this free and enlightened nation, dwelling in peace and happiness under the mild influences of its government and laws, shall have fixed deep the foundations of civilization in that distant land, hitherto only known for its wide-spread deserts and its savage race. Oh! sir, what will be the grat.i.tude of that people, who, transferred from the abode of their bondage, shall enjoy the rights of freemen in their native clime!--And, oh sir, when we look to ourselves--when we see the fertilization of those barren wastes which always mark the land of slaves--when we see a dense population of freemen--when lovely cottages and improved farms arise upon the now deserted and sterile soil--and where now deep silence reigns, we hear the chimes of religion from the village spire;--will you not--will not every friend of his country, thank this Society for its patriotic labors! Yes! Kings might be proud of the effects which this Society will have produced. Far more glorious than all their conquests would ours be: for it would be the triumph of freedom over slavery--of liberality over prejudice--and of humanity over the vice and wretchedness which ever wait on ignorance and servitude!"

_B. Hallowell_, having affirmed, stated that he knew Crandall, and that he came here in May last, with introductions from very respectable sources. Dr. Crandall had also been here about a year before, at which time he (Mr. H.) wished to engage a person at his seminary in Alexandria, as a lecturer on botany. He offered him $100 a year, and encouraged him to believe that he would considerably add to that income by making up different cla.s.ses during the year. Dr. Crandall said, at the time, that he would take it into consideration, and if he should determine upon it, would move down. The Doctor did not return in time to fulfil that engagement. But he brought with him letters showing that he was a christian, a man of science, and a gentleman. He understood it to be Dr. Crandall's object to have a cla.s.s not merely for one session, but for every summer, while he remained here. It was about the last of May or first of June when Dr. Crandall returned.

_General Fowler_, of Georgetown, stated that he knew Dr. Crandall, and that he was introduced to him, soon after he came, by a person interested in botany, as a man well acquainted with that science.

Witness was fond of hunting after wild flowers, and proposed to take excursions with Dr. Crandall. They went out botanizing, six, eight, or ten times together. Their conversation was confined to that subject, and witness had no reason to suppose that Dr. Crandall had any incendiary pamphlets, or was at all engaged in the circulation of them. His conduct, so far as he had seen him, was that of a gentleman. He never knew him to converse with any negro. He never had any pamphlets with him, to his knowledge. Dr. Crandall's knowledge of the science was far beyond that which witness professed to have.

_Ward B. Howard_ stated that he had known Crandall some years: at least for seven or eight years. Witness was then resident at Peekskill. His reputation was good, and he never heard that he was an abolitionist.

Witness himself had no fancy for abolitionists. There was no society of them at Peekskill. Crandall resided in Peekskill seven or eight years, and had, as he understood, attended the medical lectures at Philadelphia, and received a diploma there. He had brought letters of introduction to witness when he came to Peekskill, with the view to settlement there. Dr. Crandall was actively engaged as an agent for the temperance society. Witness would not now know the handwriting of the traverser. He might know the signature, but not the general handwriting.

_Jackson O'Brown_ was living at Peekskill when Dr. Crandall first came there. He boarded with him nearly two years, and had an opportunity of seeing much of his character; a great part of the time he roomed with him. The witness never heard that he was engaged in the abolition societies, though he knew he was an active member of the temperance society.

_Henry Gaither_ said he was in Linthic.u.m's shop at the time when Dr. Crandall was arrested. That an hour before he had heard that the officers were in pursuit of him. He saw the officers, Robertson and Jeffers, enter the office; and noticed a crowd gathering around it.

He asked Jeffers, as soon as he came out, what he had discovered, and Jeffers, in reply, said he had found more than he expected, and had taken 150 or 160 pamphlets. There was much excitement then in the vicinity. Witness was then himself excited. When Crandall came out, witness was apprehensive that he would be wrested from the officers by the people. Oyster came in, and witness asked him if he had seen any pamphlets. He said yes, but not more than two or three. Witness remarked, that Jeffers said he had seen and taken 150 or 160. Oyster replied, Jeffers is a liar. Some conversation followed, in which it was suggested that attempts might be made to prejudice the public mind against Crandall. Witness had since met Jeffers, on the Avenue, and spoken with him on the subject. Witness remarked to Jeffers, the poor fellow has suffered enough by so long a confinement, and Jeffers a.s.sented to the remark, and added that he believed Crandall to be innocent.

_Jared Stone_ was acquainted with Crandall, who lived three years in witness's family, and eat at his table, in Peekskill. Crandall was a physician who obtained a good reputation in that part of the country, and it continued unblemished. He never was known to have any abolition papers, or to say any thing in its favor, but was, if any thing, opposed to it.

_Mr. Wilson_ was present at the time spoken of by Mr. Gaither, and said one of the officers came out and said he had discovered more than he expected, and remarked, my hopes are more than realized. He could not recollect exactly the number of papers the officer said he had found, but thought it was one hundred or a hundred and twenty. Some one in the crowd said "we ought to take the d.a.m.ned rascal and hang him up on one of the trees opposite." The witness then went away.

_Mr. Judson_, Representative in Congress from Connecticut, had known Crandall from his boyhood. Crandall studied with witness's family physician, and acquired a good reputation; n.o.body stood better in the neighborhood. After he had finished his education he removed to Peekskill, since which witness had been in the habit of seeing him frequently; and he had always known him as a peaceable citizen. The precise year when Crandall was admitted he could not recollect, but it was about 1827 or 1828. Witness had not seen him for two years till he saw him here in prison, and had never heard aught against him till now.

Mr. Judson also testified, that the prisoner was a brother of Prudence Crandall, and that at the time of the difficulty with her and her school for blacks in Connecticut, he met Crandall on board the boat on his way home from New York; that he talked with him about that school, and the prisoner said he was going to break it up; that he did not know as he should be able to do it, for his sister Prudence was obstinate, but his other sister, who was with her, he knew he could get away. Crandall then continued home with the witness, and exerted himself with as much zeal as any one could to break up the school.

_Dr. Sewall_ testified that the traverser came to him some time in the spring to get a license to practice in the District, and showed him two letters of high recommendation. He had some conversation with Crandall upon subjects of science and upon his knowledge of medicine and surgery, and formed a high opinion of his talents and acquirements. He advised the defendant by no means to abandon the practice of his profession for entering upon botany or chemistry, but if he could do that without interfering with practice, it might do; he thought him too well qualified in the profession to give it up. Crandall also showed the witness a diploma, which was regularly signed, and he gave a verbal license to practice, and said at the meeting of the Board he would have a regular license made out. He had no reason to believe, from his conversation with the prisoner, that he had any object in view except the pursuit of his profession. All the stories that he had talked upon the subject of abolition with witness, and given him Anti-Slavery papers, were mere idle talk.

_Mr. Howard_ said he was sheriff of Winchester county, where Crandall lived, and identified the handwriting of signatures to a letter of recommendation which Crandall brought with him, and which was allowed in evidence. All the signers were respectable men. Witness thinks he should have known if any Anti-Slavery Society existed there--but he knew of none. He also remembered that Crandall delivered lectures on chemistry there, and he attended them.

_Mr. Ward_, Representative from the district where Crandall resided, knew that he had lived there seven or eight years, and that he had a high reputation as a respectable man, and a good physician.

_Mr. Austin_ was now a resident in Georgetown, but formerly lived in Peekskill, where he knew the prisoner, who lived in his family three years. He came then in consequence of having raised up Mrs. Austin from a dangerous sickness. Witness was a lawyer, and knew Crandall's reputation to be high as a physician and surgeon, far and near. Witness was President of a Temperance Society, and Crandall was Secretary; he did not know of any Anti-Slavery Society, and did not know or believe that the prisoner belonged to any, or had any thing to do with them.

Crandall came on at his request to accompany Mrs. A., who, with her two children, were always severely sick in travelling; and returned home soon after, when he came back again to stop here to teach botany. He came to witness's house on his return, and was taken sick soon after and confined to his room. Witness was not a subscriber for the Emanc.i.p.ator, though he understood one of the numbers in court was addressed to him.

He never saw any abolition papers in Crandall's possession. If he had, they would have attracted his attention. Witness did not know how the large box of books and papers came on, but supposed they came by water when Crandall came the second time. He could not say distinctly, but he thought a Mr. Dennison, an abolition agent, once left some abolition pamphlets at his house for himself, and some for Crandall. He could not identify them in court as the same, and he could not swear whether the endors.e.m.e.nt on them was in Crandall's handwriting or not.

_Mrs. Austin_ said she had known the prisoner as long as Mr. Austin, and that his conduct in her family was irreproachable. She remembered Mr. Dennison's having left pamphlets for Crandall and her husband, but could not say those in court were the same, but they were similar.

Crandall came at her husband's request, to accompany the family, because they were sick in travelling. He did not wish to come further than New York, and would not consent to come further than Philadelphia; but as Mr. Austin did not meet them there, he kindly came on to Washington. She was cleaning up the house, preparatory to leaving it, and gave Crandall the large box; and asked his permission to put into it his books and papers. These pamphlets were lying as waste paper in the garret, and she threw them with others into the box. Saw that some of them had writing on, but didn't know of any with writing on in the trunk. The box was sent round by water, but he brought the trunk when he came on the second time.

He did not carry it to the house when he arrived at night, but it was sent over in the morning. Crandall was immediately taken sick, and witness frequently went to the trunk for various purposes, and saw a package nicely done up, which she supposed to be books. The package remained just as it was tied up at the bookstore, till six or eight days before the prisoner's arrest, when she had curiosity to know what it contained, and he consented that she might open it.

Some conversation was held between witness and prisoner, before and after opening, which the court refused to admit in evidence.

Mrs. Austin went on and testified, that she did not tie up the package again, but left it, and she saw it repeatedly in the same state up to the time of prisoner's arrest. She also saw several Emanc.i.p.ators in the house, and one or two tracts sent by mail, which she used or destroyed as waste paper.

_Bradley_ here offered to put in two letters and a deposition from the man who gave Crandall the package in New York.

_Key_ objected that it was not legal evidence.

_Bradley_ knew it was not, but the witnesses were beyond the reach of the court--they could not be forced to come and testify; and had distinctly declared that they were afraid to come into the District.

He had last term requested the District Attorney to join him in taking their depositions, in consequence of the circ.u.mstances, but having been refused, he had gone on and taken them exparte, and he hoped they would be allowed to go to the jury.

_Key_ was willing to admit any thing reasonable, but this testimony was clearly inadmissible.

_The Court_ said, by the rules of evidence, it could not be given but by consent.

_Mr. Carlisle_ opened the summing up for the prosecution, and remarked that his was observed by the opposite counsel to be the only case of seditious libel ever brought before this court, and I will add, gentlemen, that the decision of it may determine whether or not it may be the last;--whether or not this traverser may return to his fellow laborers in iniquity, and inform them that _here_ he has found the gates wide open, and the way all clear for the propagation of their libels and their plans. It has been truly said that this topic is one of excitement all over the country. Under these circ.u.mstances this traverser may congratulate himself upon the opportunity of a fair and full trial, and that he has not been the victim of summary justice. But, gentlemen, let justice lose nothing of its proper efficiency by being administered with coolness and deliberation. The opposite counsel say that the charge is grave. Aye, gentlemen, it is so, but the proof is full. The offence charged is one of a fatal, devastating, and, beyond all power of palliation, most horrid character. These libels are not like common libels, which tend to bring individuals into discredit and disrepute.

It is an offence of which the like is not contained in the annals of criminal jurisprudence, peculiar to the state of our society, and in enormity equal to all other crimes combined. An opulent and extensive society send out their emissaries and commission and enjoin them to scatter these infamous productions in the highways and by-ways; to proclaim them from the house tops, and whisper them in the chimney corners; to teach to all, high and low, that slaveholding is man-stealing; and yet they mean no such thing as breaking the peace, and abhor all violence and tumult. Does the preaching such language to slaves tend to pacification?

Mr. Carlisle was here commenting upon the nature of the agents employed for these unlawful purposes, to show that educated men, such as Dr. Crandall, were the kind naturally to be selected, and was further proceeding to examine the evidence as applicable to the laws, and, in his opinion, conclusively establishing the guilt of the traverser, when extreme physical debility and indisposition prevented him from proceeding.