Some Recollections of Our Antislavery ConflictMay, Samuel J. (Samuel Joseph)
History
Some Recollections of Our Antislavery Conflict
May, Samuel J. (Samuel Joseph)
Antislavery movements -- United States
With reason were the good people of Boston and the old Commonwealth
aroused, excited, almost maddened with indignation and alarm at this
insolent, daring assault upon the palladium of their liberty. If such
a proceeding should be allowed, no one would be safe, black or white.
Here comes a man from a distant part of our country, an utter stranger
in our city, and arrests another man about as light-complexioned as
himself, claims him as his negro slave, and, without offering any proof
that he had ever held the man in that condition, hands him over to a
common jailer for safe-keeping. This surely could not be borne with.
Some of the colored people to whom Latimer was known first bestirred
themselves. They attempted to get him out of prison by a writ of
_habeas corpus_. Hon. Samuel E. Sewall, the long-tried friend of the
oppressed, always ready to endure obloquy and encounter danger in
their service, assisted by his friend, C. M. Ellis, Esq., earnestly
endeavored to get that writ allowed. They petitioned for it in the
Court at which Chief Justice Shaw was then presiding, and, strange to
say, their petition was denied. That eminent jurist, on the authority
of the United States Court, in the famous Prigg case, gave it as his
opinion, that, by the supreme law of the land, so expounded, the man
Gray had permission to come to Boston and seize the man Latimer (as he
had done), put him into jail or some other place of confinement, and
keep him there until he could have time to bring on proof that he was
his property, and then take him off by the assistance of any persons
he could get to help him. Accordingly, Judge Shaw refused the writ
of _habeas corpus_, and left Latimer in Leverett Street prison. This
action of the chief justice aggravated the public excitement.
Mr. Gray, alarmed probably by the outcries of indignation that came to
him from so many quarters, brought charges against Latimer of thefts
committed upon his property, both in Norfolk and in Boston, as the
reason for his arrest. If this were true, it was said, he surely should
have proceeded against the criminal, in the ordinary course at common
law, and not under the decision in the Prigg case. But by this step
he got himself into another and graver difficulty. George Latimer,
instructed by his legal advisers, at once commenced the prosecution
of Gray for slander and libel. So the biter, finding he was about to
be bitten, let go this hold upon poor Latimer, and determined to rely
wholly upon the decision of Judge Story of the United States Court, who
was soon to hold a session in Boston.
Public-domain text, read in full here on John Shaqi.
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