Isaac T. Hopper Part 10

The speculator spent several days in fruitless search after the fugitive. When he had relinquished all hopes of finding her, he called on Isaac T. Hopper and offered to manumit her for four hundred dollars.

He replied, "At one time, we would gladly have given that sum; but now the circ.u.mstances of the case are greatly changed, and we cannot consent to give half that amount." After considerable controversy he finally agreed to take one hundred and fifty dollars. The money was paid, and the deed of manumission made out in due form. At parting, the claimant said, with a very bitter smile, "I hope I may live to see you south of the Potomac some day."

Friend Hopper replied, "Thou hadst better go home and repent of sins already committed, instead of meditating the commission of more."

When telling this story in after years, he was wont to say, "I am aware that some will disapprove of the part I acted in that case; because they will regard it as inconsistent with the candor which men ought always to practice toward each other. I can only say that my own conscience has never condemned me for it. I could devise no other means to save the poor victim."

Before we decide to blame Friend Hopper more than he blamed himself in this matter, it would be well to imagine how we ourselves should have felt, if we had been witnesses of the painful scene, instead of reading it in cool blood, after a lapse of years. If a handsome and modest woman stood before us with her weeping little ones, asking permission to lead a quiet and virtuous life, and a pitiless law was about to tear her from husband and children and consign her to the licentious tyrant from whom she had escaped, should we not be strongly tempted to evade such a law by any means that offered at the moment?

It would be wiser to expend our moral indignation on statesmen who sanction and sustain laws so wicked, that just and kind-hearted citizens are compelled either to elude them, or to violate their own honest convictions and the best emotions of their hearts.

THE TENDER MERCIES OF A SLAVEHOLDER.

In the year of 1808 a Southerner arrested a fugitive slave in Philadelphia and committed him to prison. When he called for him, with authority to take him back to the South, the poor fellow seemed dreadfully distressed. He told the keeper that his master was very severe, and he knew that terrible sufferings awaited him if he was again placed in his power. He hesitated long before he followed the keeper to the iron gate, through which he was to pa.s.s out of prison. When he saw his oppressor standing there with fetters in his hand, ready to take him away, he stopped and pleaded in the most piteous tones for permission to find a purchaser in Philadelphia. His owner took not the slightest notice of these humble entreaties, but in a peremptory manner ordered him to come out. The slave trembled all over, and said in the fainting accents of despair, "Master, I _can't_ go with you!"

"Come out, you black rascal!" exclaimed the inexorable tyrant. "Come out immediately!"

The poor wretch advanced timidly a few steps, then turned back suddenly, as if overcome with mortal fear. The master became very impatient, and in angry vociferous tones commanded the keeper to bring him out by force.

All this time, the keeper had stood with his hand on the key of the iron door, very reluctant to open it. But at last he unlocked it, and told the poor terrified creature that he must go. He rushed to the door in the frenzy of desperation, gazed in his master's face for an instant, then flew back, took a sharp knife, which he had concealed about him, and drew it across his throat with such force, that he fell senseless near his master's feet, spattering his garments with blood. All those who witnessed this awful scene, supposed the man was dead. Dr. Church, physician of the prison, examined the wound, and said there was scarcely a possibility that he could survive, though the wind-pipe was not entirely separated. But even the terrible admonition of that ghastly spectacle produced no relenting feelings in the hard heart of the slaveholder. He still demanded to have his victim delivered up to him.

When the keeper declined doing it, and urged the reason that the physician said he could not be moved without imminent danger to his life, the brutal tyrant exclaimed, "d.a.m.n him! He's my property; and I _will_ have him, dead or alive. If he dies, it's n.o.body's loss but mine."

As he had the mayor's warrant for taking him, the keeper dared not incur the responsibility of disobeying his requisitions. He convened the inspectors for consultation; and they all agreed that any attempt to remove the wounded man would render them accessory to his death. They laid the case before the mayor, who ordered that the prisoner should remain undisturbed till the physician p.r.o.nounced him out of danger. When the master was informed of this, he swore that n.o.body had any right to interfere between him and his property. He cursed the mayor, threatened to prosecute the keeper, and was in a furious rage with every body.

Meanwhile, the sympathy of Isaac T. Hopper was strongly excited in the case, and he obtained a promise from the physician that he would let him know if there was any chance that the slave would recover. Contrary to all expectation, he lingered along day after day; and in about a week, the humane physician signified to Friend Hopper, and Joseph Price, one of the inspectors, that a favorable result might now be antic.i.p.ated. Of course, none of them considered it a duty to inform the master of their hopes. They undertook to negotiate for the purchase of the prisoner, and obtained him for a moderate price. The owner was fully impressed with the belief that he would die before long, and therefore regarded the purchase of him as a mere freak of humanity, by which he was willing enough to profit. When he heard soon afterward that the doctor p.r.o.nounced him out of danger, he was greatly enraged. But his suffering victim was beyond the reach of his fury, which vented itself in harmless execrations.

The colored man lived many years, to enjoy the liberty for which he had been willing to sacrifice his life. He was a sober, honest, simple-hearted person, and always conducted in a manner entirely satisfactory to those who had befriended him in his hour of utmost need.

THE FOREIGN SLAVE.

Early in the year of 1808, a Frenchman arrived in Philadelphia from one of the West India Islands, bringing with him a slave, whom he took before one of the aldermen, and had him bound to serve him seven years in Virginia. When the indenture was executed, he committed his bondman to prison, for safe-keeping, until he was ready to leave the city. One of the keepers informed Isaac T. Hopper of the circ.u.mstance, and told him the slave was to be carried South the next morning.

Congress had pa.s.sed an Act prohibiting the importation of slaves, which was to begin to take effect at the commencement of the year 1808. It immediately occurred to Friend Hopper that the present case came within the act; and if so, the colored man was of course legally ent.i.tled to freedom. In order to detain him till he could examine the law, and take advice on the subject, he procured a warrant for debt and lodged it at the prison, telling the keeper not to let the colored man go till he had paid his demand of a hundred dollars.

When the Frenchman called for his slave next morning, they refused to discharge him; and he obtained a writ of _habeas corpus_, to bring the case before the mayor's court. Friend Hopper was informed that the slave was on trial, that the Recorder did not think it necessary to notify him, and had made very severe remarks concerning the fict.i.tious debt a.s.sumed for the occasion. He proceeded directly to the court, which was thronged with people, who watched him with lively curiosity, and made a lane for him to pa.s.s through. Mahlon d.i.c.kinson, the Recorder, was in the act of giving his decision on the case, and he closed his remarks by saying, "The conduct of Mr. Hopper has been highly reprehensible. The man is not his debtor; and the pretence that he was so could have been made for no other reason but to cause unnecessary delay, vexation, and expense." The lawyers smiled at each other, and seemed not a little pleased at hearing him so roughly rebuked; for many of them had been more or less annoyed by his skill and ready wit in tangling their skein, in cases where questions of freedom were involved. Friend Hopper stood before the Recorder, looking him steadfastly in the face, while he was making animadversions on his conduct; and when he had finished, he respectfully asked leave to address the court for a few minutes.

"Well, Mr. Hopper," said the Recorder, "what have you to say in justification of your very extraordinary proceedings?"

He replied, "It is true the man is not my debtor; but the court has greatly erred in supposing that the step I have taken was merely intended to produce unnecessary delay and expense. The Recorder will doubtless recollect that Congress has pa.s.sed an act prohibiting the introduction of foreign slaves into this country. It is my belief that the case now before the court is embraced within the provisions of that act. But I needed time to ascertain the point; and I a.s.sumed that the man was my debtor merely to detain him until the Act of Congress could be examined."

Jared Ingersoll, an old and highly respectable lawyer, rose to say, "May it please your honors, I believe Mr. Hopper is correct in his opinion. A National Intelligencer containing the Act of Congress is at my office, and I will send for it if you wish." The paper was soon brought, and Friend Hopper read aloud the section which Mr. Ingersoll pointed out; placing strong emphasis on such portions as bore upon the case then pending. When he had concluded, he observed, "I presume the court must now be convinced that the censures so liberally bestowed on my conduct are altogether unmerited."

The counsel for the claimant said a newspaper was not legal evidence of the existence of a law. Friend Hopper replied, "The court is well aware that I am no lawyer. But I have heard lawyers talk about _prima facie_ evidence; and I should suppose the National Intelligencer amounted at least to that sort of evidence, for it is the acknowledged organ of government, in which the laws are published for the information of citizens. But if that is not satisfactory, I presume the court will detain the man until an authenticated copy of the law can be obtained."

After some discussion, the court ordered a copy of the law to be procured; but the attorney abandoned the case, and the slave was set at liberty.

As soon as this decision was announced, the throng of spectators, white and colored, began to shout, "Hurra for Mr. Hopper!" The populace were so accustomed to see him come off victorious from such contests, that they began to consider his judgment infallible.

Many years afterward, when Friend Hopper met Mahlon d.i.c.kinson on board a steam-boat, he inquired whether he recollected the scolding he gave him on a certain occasion. He replied pleasantly, "Indeed I do. I thought I _had_ you that time, and I intended to give it to you; but you slipped through my fingers, as usual."

THE NEW-JERSEY SLAVE.

In the year 1809, a gentleman from East New-Jersey visited Philadelphia, and brought a young slave to wait upon him. When they had been in that city four or five months, the lad called upon Isaac T. Hopper to inquire whether his residence in Philadelphia had made him free. He was informed that he would not have a legal claim to freedom till he had been there six months. Just as the term expired, somebody told the master that the laws of Pennsylvania conferred freedom on slaves under such circ.u.mstances. He had been ignorant of the fact, or had forgotten it, and as soon as he received the information he became alarmed lest he should lose his locomotive property. He sent for a constable, who came to his door with a carriage. The lad had just come up from the cellar with an armful of wood. When he entered the parlor, the constable ordered him to put it down and go with him. He threw the wood directly at the legs of the officer, and ran down cellar full speed, slamming the door after him. As soon as the constable could recover from the blow he had received, he followed the lad into the cellar; but he had escaped by another door, and gone to Isaac T. Hopper.

It was snowing fast, and when he arrived there in his s.h.i.+rt sleeves, his black wool plentifully powdered with snow, he was a laughable object to look upon. But his countenance showed that he was too thoroughly frightened and distressed to be a subject of mirth to any compa.s.sionate heart. Friend Hopper tried to comfort him by promising that he would protect him, and a.s.suring him that he was now legally free. His agitation subsided in a short time, and he began to laugh heartily to think how he had upset the constable. The master soon came to Friend Hopper's house, described the lad's dress and appearance, and inquired whether he had seen him. He admitted that he had, but declined telling where he was. The master made some severe remarks about the meanness of tampering with gentlemen's servants, and went away. In about half an hour he returned with the constable and said Alderman Kepler desired his respects to Isaac T. Hopper, and wished to see him at his office. He replied, "I think it likely that Alderman Kepler has not much more respect for me than I have for him. If he has more _business_ with me than I have with him, I am at home, and can be spoken with."

The master went away, but soon returned with two constables and a lawyer, who was very clamorous in his threats of what would be the consequences if the slave was not at once surrendered to the gentleman.

One of the officers said he had a warrant to search the house. "Very well," replied Friend Hopper, "execute it."

"I have great respect for you," rejoined the officer. "I should be sorry to search your house by virtue of the warrant. I hope you will consent to my doing so without."

"There is no need of delicacy on this occasion," replied Friend Hopper.

"Thou hadst better proceed to the extent of thy authority."

"You give your consent, do you?" inquired the officer.

He answered, "No, I do not. If thou hast a warrant, of course my consent is not necessary. Proceed to the full extent of thy authority. But if thou goest one inch beyond, thou wilt have reason to repent of it."

The party left the house utterly discomfited. He afterward learned that they had applied for a search-warrant, but could not procure one.

The first step in the process of securing the lad's freedom was to obtain proof that he had been in Philadelphia six months. The landlord of the hotel where the master lodged, refused to say anything on the subject, being unwilling to offend his lodger. But the servants were under no such prudential restraint; and from them Friend Hopper obtained testimony sufficient for his purpose. He then wrote a note to the alderman that he would be at his office with the lad at nine o'clock next morning, and requesting him to inform the claimant. In the mean time, he procured a writ of _habeas corpus_, to have it in readiness in case circ.u.mstances required it. The claimant made his appearance at the appointed hour, and stated how he had come to Philadelphia on a visit, and brought a slave to attend upon him. He descanted quite largely upon the courtesy due from citizens of one state to those of another state.

Friend Hopper was about to reply, when the magistrate interrupted him by saying, "I shall not interfere with the citizens of other states. I shall surrender the boy to his master. If he thinks he has a legal claim to his freedom, let him prosecute it in New-Jersey."

Friend Hopper said nothing, but gave a signal to have the writ served.

The magistrate was highly offended, and asked in an angry tone, "What was your object in procuring a writ of _habeas corpus_?"

Friend Hopper replied, "From my knowledge of thee, I antic.i.p.ated the result that has just occurred; and I determined to remove the case to a tribunal where I had confidence that justice would be done in the premises."

The Court of Common Pleas was then in session. The case was brought before it the next day, and after the examination of two or three witnesses, the lad was declared free.

A SLAVE HUNTER DEFEATED.

In 1810, a slave escaped from Virginia to Philadelphia. In a few months, his master heard where he was, and caused him to be arrested. He was a fine looking young man, apparently about thirty years old. When he was brought before Alderman Shoemaker, that magistrate's sympathy was so much excited, that he refused to try the case unless some one was present to defend the slave. Isaac T. Hopper was accordingly sent for.