Fugitive slaves -- United States; Hopper, Isaac T. (Isaac Tatem), 1771-1852
Friend Hopper accordingly called upon Mrs. Sears, and after stipulating
that nothing said on either side should be made use of in the trial, he
offered two hundred dollars for a deed of manumission. The offer was
promptly rejected. After considerable discussion, three hundred and
fifty dollars were offered; for it was very desirable to have the case
settled without being obliged to resort to an expensive and uncertain
process of law. Mrs. Sears replied, "It is in vain to treat with me on
the subject; for I am determined not to sell the woman on any terms. I
will take her back to Maryland, and make an example of her."
"I hope thou wilt find thyself disappointed," rejoined Friend Hopper.
The slaveholder merely answered with a malicious smile, as if perfectly
sure of her triumph.
Finding himself disappointed in his attempts to purchase the woman,
Friend Hopper resolved to carry the case to a higher court, and
accumulate as many legal obstructions as possible. For that purpose, he
obtained a writ _De homine replegiando_, and when the suitable occasion
arrived, he accompanied Mary Holliday to the mayor's office, with a
deputy sheriff to serve the writ. When the trial came on, he again urged
the insufficiency of proof brought by the claimant. The mayor replied,
in a tone somewhat peremptory, "I have already decided that matter. I
shall deliver the slave to her mistress."
Friend Hopper gave the sheriff a signal to serve the writ. He was a
novice in the business, but in obedience to the instructions given him,
he laid his hand on Mary's shoulder, and said, "By virtue of this writ,
I replevin this woman, and deliver her to Mr. Hopper."
Her protector immediately said to her, "Thou canst now go home with me."
But her mistress seized her by the arm, and said she should _not_ go.
The mayor was little acquainted with legal forms, beyond the usual
routine of city business. He seemed much surprised, and inquired what
the writ was.
"It is a _homine replegiando_," replied Friend Hopper.
"I don't understand what that means," said the mayor.
"It is none the less powerful on that account," rejoined Friend Hopper.
"It has taken the woman out of thy power, and delivered her to another
tribunal."
During this conversation, the mistress kept her grasp upon Mary. Friend
Hopper appealed to the mayor, again repeating that the girl was now to
await the decision of another court. He accordingly told Mrs. Sears it
was necessary to let her go. She asked what was to be done in such a
case. The mayor, completely puzzled, and somewhat vexed, replied
impatiently, "I don't know. You must ask Mr. Hopper. His laws are above
mine. I thought I knew something about the business; but it seems I
don't."
Public-domain text, read in full here on John Shaqi.
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