The Journal of Negro History, Volume 8, 1923Various
History
The Journal of Negro History, Volume 8, 1923
Various
African Americans -- Periodicals
Not only was Prudence Crandall herself assailed with threats of coming
vengeance and ejection, but her father in the south part of the town
was insulted and threatened. "When lawyers, courts and jurors are
leagued against you," said one to him, "it will be easy to raise a
mob and tear down your house." "Mr. Crandall, if you go to your
daughter," they said, "you are to be fined $100 for the first offense,
$200 for the second and double it every time; Mrs. Crandall, if you go
there, you will be fined and your daughter Almira will be fined, and
Mr. May and those gentlemen from Providence (Messrs. George and Henry
Benson), if they come there, will be fined at the same rate. And your
daughter, the one that established the school for colored females,
will be taken up the same way as for stealing a horse or for burglary.
Her property will not be taken but she will be put in jail, not having
the liberty of the yard. There is no mercy to be shown about it!"[8]
Miss Crandall was arrested and cast into prison, where she spent the
night in a cell previously occupied by a murderer. She was twice
tried. The first trial was held before the county court on August 22,
1833. The attorneys for the prosecution were Jonathan A. Welch, Andrew
T. Judson and Ichabod Bulkley, while those for the defense were Calvin
Goddard, W. W. Ellsworth and Henry Strong. The latter were secured by
Samuel May and paid by Arthur Tappan.
The counsel for the defense argued that the "Black Law" conflicted
with that article of the Federal Constitution which granted to
citizens of each State all the privileges and immunities of citizens
of the several States. The counsel for the prosecution argued that
people of color were not and could not ever be citizens of any
State. The judge, Mr. Eaton, gave the decision that the law was
constitutional and binding upon the people of that State. The jurors,
however, could not agree and so the case went over to the October
term. It was then tried before the Superior Court of Windham County
and its constitutionality again pronounced by Judge Daggett, who
expressed himself as follows: "It would be a perversion of terms and
the well-known rule of construction to say that slaves, free blacks,
or Indians were citizens within the meaning of that term as used
in the constitution." The jurors thus influenced gave their verdict
against the defendant. Prudence Crandall's counsel then appealed to
the Court of Errors, where the decision was reversed, July 22, 1834,
upon the ground of "insufficiency of the information," which omitted
to allege that the school was opened without necessary license.[9]
Public-domain text, read in full here on John Shaqi.
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