And the jurors aforesaid do further present and find that Simeon Bushnell, late of the District aforesaid, together with divers, to wit, two hundred other persons, to the jurors aforesaid unknown, heretofore, to wit, on the first day of October, in the year of our Lord one thousand eight hundred and fifty-eight, at the District aforesaid, and within the jurisdiction of this Court, with force and arms, unlawfully, knowingly, and willingly, did rescue the said negro slave called John, then and there being pursued and reclaimed, seized and arrested, and in the custody and control aforesaid, he, the said negro slave called John, being then and there a fugitive from, and held to service and labor as aforesaid, from the custody of the said Anderson Jennings, then and there the authorized agent of the said John G. Bacon as aforesaid, and the said Jacob K. Lowe then and there lawfully assisting the said Anderson Jennings, as aforesaid, he the said Simeon Bushnell then and there well knowing that the said negro slave called John, was then and there a fugitive person held to service and labor as aforesaid, and pursued and reclaimed, seized and arrested and held in custody as aforesaid: to the great damage of the said John G. Bacon; contrary to the form of the Act of Congress in such case made and provided, and against the peace and dignity of the United States. the body of the Northern District of Ohio, upon their oath, present and find, that, heretofore, to wit, on the first day of March, in the year of our Lord one thousand eight hundred and fiftyseven, a certain negro slave called John, a person held to service and labor in the State of Kentucky, one of the United States, the said John being the property of one John G. Bacon, of the said State of Kentucky, the person to whom such service and labor were then due, and the said negro slave called John, to wit, on the day and year last aforesaid, so being held to service and labor as aforesaid, and said service and labor being due as aforesaid, did escape into another of the United States, to wit, into the State of Ohio from the said State of Kentucky:- that afterwards, to wit, on the first day of October, in the year of our Lord one thousand eight hundred and fifty-eight, one Anderson Jennings, the agent and attorney of the said John G. Bacon, duly authorized for that purpose by power of attorney in writing, executed by the said John G. Bacon, to wit, on the fourth day of September, A. D. 1858, and acknowledged before him on said day, before Robert A. Cochran, Clerk of the County Court of the county of Mason, in said State of Kentucky, and on said day certified by said Robert A. Cochran, clerk as aforesaid, under the seal of said Mason County court, the said Robert A. Cochran then being a legal officer, and the G. W. BELDEN, U. S. Attorney. said Mason County court then being a legal He informed them that this indictment was court in the said State of Kentucky, in which based exclusively on the Act of Congress apsaid State said power of attorney was executed-proved Sept. 18, 1850, commonly known as did pursue and reclaim the said negro slave called John, into and in the said State of Ohio, and did, to wit, on the said first day of October, in the year last aforesaid, in said Northern District of Ohio, and within the jurisdiction of this Court pursue and reclaim the said negro "§ 6. And be it further enacted, That when slave called John, he then and there being a a person held to service or labor in any State fugitive person as aforesaid, and still held to or Territory of the United States, has heretoservice and labor as aforesaid, by then and fore or shall hereafter escape into another there on the day and year last aforesaid, and at State or Territory of the United States, the the District aforesaid, and within the jurisdic-person or persons to whom such service or labor tion of this Court, seizing and arresting him as may be due, or his, her, or their agent or attora fugitive person from service and labor, from ney, duly authorized by power of attorney in the said State of Kentucky as aforesaid: - and writing, acknowledged and certified under the that the said negro slave called John, was then seal of some legal officer or court of the State or and there, to wit, on the day and year last Territory in which the same may be executed, aforesaid, in the State of Ohio, at the District may pursue and reclaim such fugitive person, aforesaid, and within the jurisdiction of this either by procuring a warrant from some one Court, lawfully, pursuant to the authority of of the courts, judges, or commissioners aforesaid, the statute of the United States, given and de- of the proper circuit, district or county, for the clared in such case made and provided, arrest-apprehension of such fugitive from service or ed, in the custody and under the control of the said Anderson Jennings, as agent and attorney aforesaid, of the said John G. Bacon, to whom the service and labor as aforesaid, of the said negro slave called John, were then and still due as aforesaid, together with one Jacob K. Lowe, then and there lawfully assisting him, the said Anderson Jennings, in the aforesaid arrest, custody, and control of the said negro slave called John. the Fugitive Slave Law, which was passed as an amendment to the Act of Feb. 12, 1793. He would read that portion of the Act of 1850 which authorizes the seizure of the fugitive from service with or without process. ! labor, or by seizing and arresting such fugitive where the same can be done without process, and by taking or causing such person to be taken forthwith before such court, judge, or commissioner, whose duty it shall be to hear and determine the case of such claimant in a summary manner," etc. The next section provides for the punishment of those who interfere with the arrest to prevent or violate it : "§ 7. And be it further enacted, That any person who shall knowingly and willingly obstruct, hinder, or prevent such claimant, his agent or attorney, or any person or persons lawfully assisting him, her, or them, from arresting such a fugitive from service or labor, either with or without process as aforesaid, or shall rescue or attempt to rescue such fugitive from service or labor from the custody of such claimant, his or her agent or attorney, or other person or persons lawfully assisting as aforesaid, when so arrested pursuant to the authority herein given and declared, or shall aid, abet, or assist such person so owing service or labor as aforesaid, directly or indirectly to escape from such claimant, his agent or attorney, or other person or persons legally authorized as aforesaid, or shall harbor or conceal such fugitive, so as to prevent the discovery and arrest of such person, after notice or knowledge of the fact that such person was a fugitive from service or labor as aforesaid, shall, for either of said offences, be subject to a fine not exceeding one thousand dollars, and imprisonment not exceeding six months, by indictment and conviction before the District Court of the United States, for the district in which such offence may have been committed," etc. He might also call attention to that clause in the Constitution of the United States, which clearly authorized the passage of this act. Art. IV., Section 2. No person held to service or labor in one State, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due." ing in his indictment, in compliance with the terms of Sect. 2, Art. IV. of the Constitution, that the negro John was held to service or labor in the State of Kentucky, “under the laws thereof." The defence would therefore insist that by no law, human or divine, did the negro rescued owe service to any man living; that his arrest was kidnapping, procured by the use of the most scandalous and fraudulent deceit, and that, whether the defendant aided to rescue him or not, he was amenable to no criminal statute whatever. The first witness called was John G. Bacon. Reside in Kentucky, in Mason county. Have resided there four years. Was born and brought up in the State. Owned a negro boy named John from the Spring of 1847 to January 1856. Do n't know who owns him now. He is still my property. Never parted with my interest in him. He is still mine, bone and flesh. He ran off from me in January, 1856; he and another slave named Frank, and a negro woman named Dinah, all ran off at the same time. They stole two horses from me to go off on. I finally got the horses again. Dinah was my Mr. BACKUS. No consequence about Dinah. John went without my consent or direction. I executed a power of attorney to Anderson Jennings. [The instrument referred to was here presented to the witness and identified by him. It runs as follows: —] KNOW ALL MEN BY THESE PRESENTS, That we, Richard Loyd and John G. Bacon, of the county of Mason, and State of Kentucky, Jennings of the county of Mason and State of do hereby constitute and appoint Anderson Kentucky our attorney; for us and in our name and for our use, to capture and return to negroes now at large in the State of Ohio: our service and possession in Kentucky, three Which negroes answer the following description, viz. : He said that he should show that this negro was rescued by the defendant and his associates, not only to the great detriment of the owner, and contrary to the wishes of the agent who made the arrest as authorized by this statute, but even against the earnest wishes of the negro himself, who expressed himself anxious to return to the service of his master. They should further show, on behalf of the Government, large black negro, full six feet high, large pop Frank, the property of Richard Loyd, is a that this defendant, previous to going himself to Wellington, got up a great deal of excite- eyes, rather thick tongued, about twenty-six ment in the town of Oberlin; hitched up his Bacon, is about twenty years old, about five years old. John, the property of John G. own carriage, and exhorted others to do like-feet six or eight inches high, heavy set, copper wise; and when calling for volunteers to go to colored, and will weigh about 140 or 50 pounds. Wellington, rejected some, saying that he Dinah, the property of said Bacon, is a tall, wanted men, not boys, as there would most slim negro woman, about twenty-one or two likely be a fight. And that after the rescue he boasted of the success of the mob, and of his years old, dark copper color, very straight, boasted of the success of the mob and of his holds high head, and very quick spoken. share in its doings, and avowed his entire readiness to act a like part again on the first opportunity. Judge SPALDING replied briefly in behalf of the defence, that they should contend that no such offence as that charged in the indictment could be perpetrated in the State of Ohio, so as to make the defendant liable to fine and imprisonment as a punishment therefor. The District-Attorney had fatally erred in not charg the premises, we do hereby confirm the same, Whatsoever our attorney shall lawfully do in if we were present and did the same in our own proper names. as set our hands and seals, this 4th day of Septem- State of Kentucky, Mason County, sct. I, Robert A: Cochran, Clerk of the County Court of the county aforesaid, do hereby certify that this power of attorney, from Richard Loyd and John G. Bacon to Anderson Jennings, was this day produced to me, and acknowledged by the said Richard Loyd and John G. Bacon to be their act and deed. The said parties are personally known to me, and the said acknowledgment is according to law. Given under my hand and official seal, in the city of Maysville, this 4th day of September, 1858. ROBERT A. COCHRAN, Clerk, by WILLIAM H. RICHARDSON, D. C. : Have never seen John since he left in January, 1856. John was born and raised on my father's farm in Mason county, Ky. He was eighteen years old, about five feet eight inches high, copper color, and heavy built. At the time of his escape he owed service to me, if to Previous to his owing service to myself he owed service to my father and to his family. John's mother was a slave and is still; has been ever since I can remember. Have never relinquished my right to his service. [Objected to.] any one. Cross-examined. Father died in 1845 or 1846, leaving myself and five other children, who are all still living. Knew when John was born, because I was then on the farm and heard of the event within an hour after it happened. Was fifteen or sixteen years old at the time. Remember I was at home at the time; do not remember what time in the year it was. There were twenty or twenty-five other persons of both sexes on the place at the time, who were held as slaves. Others of them were born slaves, like John. Was gone from home to boarding school, more or less afterward. Do not remember how long I was at home after John's birth before I first went away to school. Was away two years or so in all. First went away something like a year or two after John's birth. Didn't recognize him from personal memory from time to time as I came home from abroad, but supposed him to be the same because he bore the same name, recognized the same mother, etc. The boy's mother was held by my father as a slave from my earliest recollection; that's all I know of my father's title to her. Also knew John's grandmother; she was held, too, as a slave. I was nineteen years old when my father died; never purchased the boy; claim him only by inheritance. Was not at home when John and Frank and Dinah went away. Was visiting my father-in-law about four miles distant. Had been gone two days. Left things in charge of an Irishman, who is still in my employ. He had no more general authority than any other hired hand. He and John had about equal authority. Neither could control the other. Own no slaves except John and Dinah. Never did own any others, and don't know as I shall get any more. The Irishman's name is Peter. Left Dinah, John, and Peter when I went to father-in-law's. Locked up the house, taking all my family with me. They staid in their own cabins. They three were alone on the place when I left. Dinah is cousin to John. My place is about a quarter of a mile from the Ohio river. Ripley, in Brown county, is the nearest village on the opposite shore. I live about two miles above the Ripley ferry. Never heard of John's going over that ferry under any circumstances. Found the horses in Brown county, about twenty miles from home. The niggers had left them on purpose. The horses were all right when I found 'em; didn't seem to have been ill used in any way. John was in the habit of riding them. They were rather high-spirited. Don't know whether they ran off with him or he with them. Found the horses about a week after I missed John. I executed this power of attorney; signed it on the day of its date. Jennings was a neighbor of mine. At the date of this power of attorney he was in Ohio hunting a slave of his own. He wrote to me that he had discovered a nigger near Oberlin answering to the description of mine, and so I made him this power of attorney. He does n't follow the business of capturing niggers. Think John weighed about one hundred and fifty or one hundred and sixty pounds. Mr. BACKUS: What was the arrangement between you and Mr. Jennings? what was you to give him if he got John back for you? Judge BLISS objected, and argued his objection at length. Mr. BACKUS urged the perfect propriety of the inquiry. The COURT overruled the objection and directed the witness to answer the question. Witness continued: If he brought him back, he was to have one half of what the nigger would sell for; I to sell him when and where I chose. The DISTRICT-ATTORNEY filed the power of attorney as evidence, subject to the exceptions of the defence. Robert A. Cochran, called. Reside in Maysville, Mason county, Ky. Have resided there fifteen years. On the 4th of September, 1858, was acting as clerk of the Mason County Court. Have been its clerk since 1851. Judge SPALDING wished it understood that the testimony of this witness was received subject to exceptions. The COURT assented. Witness continued: This is not my signature. My name was written by a deputy. [These statements refer to the acknowledgment of the power of attorney.] The deputy was Wm. H. Richardson. The entire certificate of acknowledgment is in Richardson's handwriting. Am acquainted with John G. Bacon; have been for at least the last nine years. Do not know the negro John. Have no personal knowledge of this acknowledgment. Have no better evidence that it was ever made than the handwriting of my deputy. This is the seal of the Mason County Court. [The counsel for the government here read the power of attorney and the certificate of acknowledgment.] up stairs with us. Meant to take the nigger before United States Commissioner Chittenden, at Columbus. Did n't take him there, however. [Laughter.] Don't know the defendant. There was, I thought, as much as a thousand people around and in the house. [Great laughter.] A great many of them had arms;- rifles, shotguns, etc: Should think there were five hundred guns in the crowd. [Renewed laughter.] First met John about two or three o'clock in the afternoon. The people began gathering in pretty soon after, and hung about till purty near dark. Took John up stairs purty soon after I first met him. Was up there with him some three hours. Several got into the room up stairs. They brought in a sheriff, and tried to arrest us. They asked the negro if he was a slave, and whether he wanted to go back; to both of which questions he answered, Yes. He said he was the slave of John G. Bacon. Anderson Jennings, called. Reside in Mason County, Ky. Was born and raised within about four miles of John G. Bacon. Live now about five miles from him. Knew John two or three years before he ran away. Had seen him ten or fifteen times, perhaps, in all. Bacon owned him. I mean he owned him as we'd own any property. Didn't see him run away. Don't know as he did run away. Heard he did. First went to Bacon's without seeing him several months after it was said that he had run away. Have seen him since then. Saw him at Wellington, in this State, on the 13th of September, 1858. The DISTRICT-ATTORNEY: Did he recog-nigger and myself went out on to the platform nize you? Mr. BACKUS objected earnestly that the acts of this piece of property, this chattel, this thing, were nothing to charge the defendant by, unless he, the defendant, were a party to them. The recognition of his master's agent by this chattel, was no more than the recognition a dog might make by the wagging of his tail. It was absurd in the Government to attempt to charge the defendant by such frivolous and incompetent testimony as was sought to be introduced here. DISTRICT-ATTORNEY: The question is one of identity. The question put to the witness is, Did he recognize you? I contend that, for the purpose of identifying this piece of property, if the gentleman prefers that title, it is competent to prove that the negro boy came up to the witness, shook hands with him, and expressed his desire to go back to his master, naming Bacon as his master. The COURT sustained the objection, and ruled out the evidence. The over. to tell the crowd that he was a slave, and wanted to go back; but there was two or three rifles pointed at him, and it skeert the nigger so't he went back into the house. Purty soon after that the crowd broke in the window of the third story. I had fastened the door with a rope, and held on as well as I could. Purty soon they come up the stairway, and begun to pry at the door. Then the next I know'd I got a punch on the side o' my head, which went through my hat, and knocked me [Wounded hat exhibited.] It stunned me a good deal. They punched through a stove-pipe hole that was made through the partition, betwixt the little room at the head of the stairs, and the room't we was in. It was made through close by the door, and was right agin my head, as I stood a-holdin' the door. So I let go the rope when I was knocked down, and they come in and took the nigger out. The next I see of the nigger he was a paddlin' down stairs over the heads of the crowd, as it seemed to me. Then I went to the window, and saw 'em puttin' him into a wagon that stood in the middle of the square, in front of the house. After they got him in, the wagon was drove off towards Oberlin. They brought a man up Witness: I did. I had a power of attorney they said was a lawyer, and we showed him the from John G. Bacon, authorizing me to arrest power of attorney, and all our papers, and fifhim. [Taking the paper offered him.] This teen or twenty others looked at 'em. We inis the one given me. Had this in my posses-vited 'em to go to Columbus with us, and see sion when I met John at Wellington. We that the nigger hed a fair trial, and promised meant to take him to Columbus. I met him 'em that if we didn't prove all we claimed, we'd first at Wellington, at Wadsworth's hotel. This was the first time I had seen him since I saw him in Kentucky before he was missing in January, 1856. Met him first in a room below stairs. Didn't like the looks of the room, because it was large, and there was folding doors, and there was no fastening to the door, and the people began to gather in with their guns. Found the landlord, and got him to give us a better room up stairs, in the top story. Lowe, Mitchell, and Davis were helping me, and went The DISTRICT-ATTORNEY to the witness: Well, did you recognize him as the boy John, whom you had known in Kentucky, as the property of John G. Bacon? let them fetch him back. They said that was a little too fur south [Laughter]; they didn't like to trust it. I myself also told 'em that the nigger was a slave of Bacon. Have never seen John since. He went off at purty good speed. [Laughter.] Don't think I heard the name of the man that was in the wagon with him. Can identify only one man that was in the crowd, and he is a yaller man they call Watson. I see him sittin' over yonder now. Think there were fifteen or twenty niggers in the crowd, in all. The crowd come into the room and seized hold of the nigger, and with pullin' and pushin' took him out. They was all 'round him. He did n't go out of himself. it. Cross-examined. . Think Bacon has been living where he now does some ten or fifteen years. Am older than Bacon. Have known him fifteen or twenty years. Did n't go abroad to school with him; but know that he did go away to school somewhere; don't know where. Knew the niggers in my neighborhood better when I was young than I do now. Know Bacon's niggers. Bacon never owned more than two niggers that I knew of. One of these was John, and the other was a nigger woman they called called lemmesee, I can't think of her name now, but it seems to me I've heerd Mr. BACKUS. Oh yes, you know all about her; her name was Dinah, wa'nt it? [Laughter.] Witness: Well, I dunno; but I should rather think it was. I saw John hauling sand about a year before he put off. Saw him haul one load. His marster was buildin' a house then, and they wanted the sand for that. Had seen him several times before. Think he would weigh 165 or 170. He was twenty-one or twenty-two years old. Knew him well enough to recognize him at sight. Never made any arrangement with Bacon about pay for ketchin' the nigger. Never made no bargain with him about pay no-ways. Never heerd nothin' said about my havin' one half what the nigger would sell for: I set down at Oberlin and wrote to him that the nigger was there, and if he'd send me a power of attorney and a witness I would try and bring him back. Did this out of pure neighborly regard. Thought it was my duty to. Never tried nigger-catching before. Never asked nor was offered any pecuniary_reward whatever. There was nothing passed between us about reward at any time, either by letter, by word, or by third parties. What I did I did all out of pure neighborly regard. Went to Oberlin after a nigger of my own. I wrote the letter a day or two after I got to Oberlin, and directed it to Mr. Reynolds, and directed him to send it out to Mr. Bacon. He sent Mr. Mitchell at once with the power of attorney. I met Mitchell first at Sandusky. I started from Sandusky to go home, and reached home, and saw Mr. Bacon. He told me that he had sent Mitchell, and that Mitchell had just started, and must have passed me on the river. So I started back and overtook Mitchell at Oberlin: Arrived at Oberlin on the Friday immediately preceding the Monday of the Rescue, which was the 13th of September; so the Friday must have been the the the 10th. Found Mitchell, and asked him if he had seen the nigger. He said he had. Put up at Wack's tavern, and found Mitchell there. So the next morning I took the cars for Columbus, and found Lowe out of the city on the Fair Ground. He went into the city with me, and found Mr. Mr. BACKUS: But you went away on Saturday; it seems to me you must have made pretty good time! [Laughter.] me Witness: No; I was mistaken. Friday night was the night I got back from Columbus. I must have got back from Kentucky before that. Saturday all day did n't do much of any thing. Saturday night we went and Lowe-to Gen. Boynton's. There we made an arrangement with the General's little boy to come and get the nigger out of town, away from his house. The General was n't in the room when we made the bargain with the boy, but I told him what I wanted the boy for, and he made no objections. After I had made the arrangements with the boy I told him of it agin, and he said me and the boy must make our own arrangements; they was nothin' to him; the boy was capable of lookin' out for himself. Mr. BACKUS: How did you come to go to Boynton's? Witness: Wal, we was told that it would be dangerous to undertake to arrest the nigger in that town; so I went to old Mr. Warren, and asked him if he knowed of any one a man could put confidence in [great laughter], and he told me I could trust Boynton. Mr. BACKUS: Who told you that there was danger? Witness: I heard a good many talking about it; Mr. Warren for one. Mr. BACKUS: So you heard Mr. Warren say there was danger, and so went to him for counsel. Well, what was the arrangement between you and the boy Boynton? Witness: I engaged the boy to go and hire the nigger to come and dig potatoes on his father's farm, and if he brought the nigger I was to give him $20. Mr. BACKUS: Well, then, you told the old man what you had promised the boy? Witness: No, I didn't tell him any thing about it. Mr. BACKUS: What, sir! do you remember what you told me within the last fifteen minutes? Witness: Wal, I only told him I had got the boy to come down, I did n't tell him what for, and he said me and the boy must fix it up between us, he had nothin' to do with the boy's doins. I never made the old man Boynton any offer for his help. He knowed what I was goin' to use his boy for, for I told him myself before I said any thing to the boy. Then me and Lowe went back to Oberlin. This was Sunday, towards night. The boy was to come down on Monday morning, and see if he could hire the nigger to dig the potatoes, and after he |