Slavery -- United States; United States -- Politics and government -- 1849-1853
Now, gentlemen, I maintain that, at most, nothing but the offence
of “transporting” has been proved against this prisoner. But he
is arraigned for _stealing_. What then, let us inquire, are the
ingredients which constitute the offence of stealing,--which are
indispensable to its perpetration? They are, 1. That the property
shall be taken by the thief from the possession of the owner. 2. That
it shall be taken into the possession of the thief,--that is, that the
taker shall exercise some act of control or ownership over it. And,
3. That this taking by the thief, from the possession of the owner,
and into his own possession, shall be for the felonious purpose of
converting the said property to his own use.
Now, I think it is not too much to say, that neither one of these three
indispensable ingredients of larceny has been proved in this case.
1. It is not proved that the prisoner took the two slaves mentioned in
the indictment _from the possession_ of Andrew Hoover. Could not some
other person besides the prisoner have put it into the heads of these
slaves to leave their master? There are white men in this city hostile
to the institution of slavery, and desiring the freedom of all slaves.
Could they not have said to Hoover’s slaves, “Here is a schooner at
the wharf; it is to sail at such a time; be there, and you may escape
to a free state”? Here, too, are thousands of free negroes, or colored
persons, in this District, with whom the slaves are in daily and open
communication. Could they not have infused into the mind of these
slaves the idea of liberty? Is it not a thousand times more probable
that it was done by some citizen in the District, or by some colored
acquaintance or friend of theirs, enjoying the means of constant
communication with them, than that it was done by an entire stranger
to them, as the prisoner was? Can aught be conceived more absurd or
preposterous than that the prisoner should go round the streets of
Washington, picking up a slave here and there, to complete his cargo,
as the driver of a stage-coach goes round picking up passengers? Should
he accost a colored man in the streets, and ask him if he were a slave,
the chances are three to one that the person addressed would turn out
to be a freeman; for I suppose the proportion, in this District, of
the free colored persons to the slaves to be as great as this. If the
fourth man or woman he might meet should prove to be a slave, how could
he know but what he might be addressing one so attached to the place,
to his home and relatives, and to his master, that even the sweets of
freedom would not tempt him to leave; and that the consequence would
be an immediate reporting of the interview, and sudden detection and
punishment? But a person on the spot would know who were slaves, and
what slaves were discontented with their condition; he could select
the occasion when a slave had been punished by his master, when his
Public-domain text, read in full here on John Shaqi.
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