hour for consultation and business having arrived; the "Felons' Feast" closed with the following heartily applauded sentiment: traitors to the Government. If we would or-ments since repealed by the slave-cringing dain and establish Justice,' and maintain our Democracy. Mr. Hunter was called out, and Constitution not only in its essential spirit but electrified his hearers for a few moments. The its letter, strange to say we are forced into the attitude of resistance to the Government. I am glad the work of Judicial crushing out' is progressing not only out of Kansas but in Ohio on the Western Reserve, the New England of the West. This is bringing the war home to 'The green graves of our sires, To our altars and our fires.'"" Prof. Peck said he thought he heard his name associated with others in the toast given by Mr. Beecher. He should return the compliment, and gave When those slaveholders come again, may we have a Beecher for mare [Mayor] to give them a trot! [Much merriment.] While By J. R. Shipherd. The Press we have so intrepid Leaders, so faithful Heralds, and so undegenerate Democrats, we fear neither slaveholders at the South, nor slave-hunters here. The editor of the Leader was called out, and acknowledged the compliment to the independent press of Cuyahoga and Lorain. He re freshed the "honored 37" with the sketch of a former "indictment" in Erie county, New York, to be more widely published in due season. It is unnecessary to add that the narrative was heard with attention. By the Company. Our Hostess — If Uncle Sam shall take us to board, may we have her for "help!" The social festival at Oberlin will long be pleasantly remembered by those who participated. It was just what might be expected of sincere, earnest, devoted men and women earnest, cheerful, orderly. The men in bonds were more closely knit together by the association, and the opposition to the execution of an unrighteous law is tenfold strengthened by the persecutions set on foot under it. The spirit manifested was temperate and religious. There was no railing at the officers of the law-only denunciation of the law itself. The "criminals," meeting by themselves, appointed a staunch committee, vested with full powers to make every arrangement for the details of the defence in March, and attend to certain other items not yet made public, but which some time few individuals, and their friends, if they have may be, to the inconsolable astonishment of a any. The committee is as follows: Prof. H. E. Peck, Hon. R. Plumb, W. D. Scrimgeour, Oberlin; Matthew De Wolfe, Esq., Loring Wadsworth, Esq., Wellington. THE ARREST OF LINCOLN. The President said a descendant of the old tyrant-hating Covenanters was among the indicted, and called on Mr. Wm. Douglas Scrimgeour. Mr. S. responded in one of the most On Friday, the 14th of January, Wm. E. effective off-hand speeches of the festival, Lincoln, who had left town for the winter vaand showed himself no degenerate son of the cation several weeks before any bills were noble race. His words glowed and burned found, was engaged in the duties of a schoolwith the fervor of true freedom and manly spirit. His venerated father had sent him teacher in the town of Dublin, twelve miles from words of high cheer. He blessed his son, and Columbus, when a rap was heard at the door, would have so acted himself had he been pres- and a moment after two men entered, who subent. He was ready to meet fines and imprison- sequently proved to be Samuel Davis, the depment for such a son, and for such a discharge uty-sheriff that assisted deputy marshal Lowe of duty to God and his fellow man. Mr. S. was warmly applauded, and concluded by offering in the capture of John, and some constable of the following sentiment: the vicinity employed for the occasion. Mr. Our Fathers and our Mothers - Free them- Davis, stepping forward much excited, deselves, and beqeathing Freedom to their chil-manded the school teacher's name, and being dren; they have shown by their words and actions that they desire “Liberty to be proclaimed answered truly, declared him to be "the very through all the land to all the inhabitants fellow he was after," and straightway, without thereof." The President announced that he understood we had a Hunter in our midst, not a miserable hunter of the panting fugitive, but a noble Nimrod and man, the Hon. John Hunter, of Cleveland, the colleague from Columbiana of Messrs. Plumb and Monroe in the House at the session when good and humane legislation closed the jails of Ohio against persons not charged with crime, and further protected the rights of the people by Habeas Corpus; enact further explanation of any sort, produced a pair of HANDCUFFS, and began to fasten them upon Lincoln's wrists. The teacher remonstrated earnestly, but altogether in vain; with many oaths and immense bluster the considerate officer expressed his moderate confidence in abolitionists under any circumstances, and avowed the purpose of never again exposing himself to their power:— the occurrences at Wellington having proved to him, as he hoped, a wholesome experience! After some difficulty Mr. Lincoln was allowed to exchange his gown and slippers for coat and boots, and then straightway thrust into a carriage for Columbus. It would be doing serious injustice to the witnesses of this remarkable transaction to make no mention of their conduct. And to appreciate this conduct, it must be understood that the entire town was- with the exception of a few families of unanimous political faith, and trusted to the powers that be as the adherents of a certain religious creed trust to their fatherconfessor. With a dread of "niggers" and a horror of "abolitionists" such as only children trained under similar influences could acquire, these representatives of the rising generation had, nevertheless, become devoted to their new teacher with an ardor of affection and respect that manifested itself in this trying hour in a most decisive manner. Only with difficulty could he persuade them—and particularly the older girls from undertaking his defence vi et armis, and nothing could silence the emphatic expression of personal views of the Fugitive Slave Law in general, and of "Sam Davis" in particular. It is not necessary to quote "samples" of the expressions used; a lively imagination, familiar with the habits of a naïve child's mind, will readily supply them. course of the ride, Mr. Lincoln inquired if his The arrest was made at about half past one in the afternoon. After dark they entered the Capital. Mr. Lincoln asked permission to be taken to some one of his several influential friends in the city, before being thrust into jail, but the request was promptly and emphatically denied. Arrived at the prison they found Marshal Lowe in waiting, and to him Mr. Lincoln repeated his natural desire to send for friends, but only to be again as emphatically refused. He was later in the evening allowed to send a letter to the post-office, when it had become long past business hours, and it was ascertained that the first train for Cleveland left at four clock in the morning, but this letter never reached its destination. Before being shown to his cell, in the presence of Mr. Lowe and the jailer, Mr. Lincoln asked that his irons might be removed, since no escape could longer be feared, and his wrists were severely galled. But his crime was not trifling enough to allow of favors, and he was so informed. Introduced to his new quarters and his new The ride to the city-Mr. Davis's assistant associates, the irons were removed, and he was was at Mr. Lincoln's instance soon dismissedleft alone, to sit up or lie down as he chose, a was not so pleasant as rides have sometimes liberty of choice which of course would not been. In the first place the road was exceed-have been allowed, had there been any conveningly bad, and their progress necessarily slow ient way of withholding it. It is said that supto tediousness. And, in the other place, a care-per was ordered for him, but it is certain that ful comparison of views upon certain points did not reveal a very affectionate unity of opinions. Mr. Lincoln having conscientious scruples in regard to too frequent violations of the third commandment, was not always pleased with his companion's choice of language; and Mr. Davis, not making any pharisaical or other pretensions to personal piety, it may reasonably be feared, could not fully sympathize in some of his companion's "faithful" exhibitions of Gospel Truth. And then Mr. Davis ventured upon some confidential revelations of "what he would like to do" with his prisoner, and others of the "Rescuers," if he were not fettered by the forms of law; which, as this volume is designed for "general circulation " we will not repeat. Some time in the none reached him. Driving the rats out of his straw pallet, and stuffing his nostrils to keep out "a little" of the stench, he was at length so fortunate as to woo the caresses of Morpheus, but had scarcely succeeded before a messenger came to say that it was car time, and Mr. Lowe was in waiting. At the depôt the Marshal provided his prisoner as well as himself with a cup of coffee and a piece of pie, the taste of which Mr. Lincoln avers will long remain bright in his memory. Not to multiply details, let it suffice to say that the prisoner, by providing a livery for himself and the marshal, succeeded in finding Judge WILSON, who received his recognizance and released him at four o'clock in the afternoon. He had now been fasting twenty-eight hours Robert L. Cummings was arrested in Cleveland on the 5th of May following. The remaining six are still at large. These are:John Hartwell, James H. Bartlett, Jeremiah Fox, John Copeland, Thomas Gena, Franklin Lewis. About two weeks before the day set for the trials, which, as the reader may remember, was the 8th of March, the United States DistrictAttorney applied to the counsel for the defence for a further extension of the adjournment, (excepting the morning lunch), with scarcely | any rest, and subject, meanwhile, to such mental excitement as the occurrences above named would naturally induce, and found himself at liberty, thirty-three miles from a solitary acquaintance, with twenty cents in his pocket, and the Sabbath close upon him. Consider that his health is not strong, and a tolerably fair idea of the success of the Administration may be formed. Mr. Lowe on being appealed to, relented so far as to lend him a dollar, which brought him to Oberlin; whence friends re- pleading private professional engagements of importance. His request was granted, and the Shortly previous to the first of March, Rich-cases put over to Tuesday, the 5th day of April, ard Winsor, indicted as Robert Windsor, who 1859. It was agreed that the case of SIMEON was absent from town at the time of the first BUSHNELL should be first taken up, and that arrests, and had not been sought for since, pre- the others should come on in the order of the sented himself before the Court at Cleveland, docket, unless by mutual consent. At the reand asked to have the orthography of his name quest of the counsel for the defence the Court corrected, and to be bound over for trial; had granted Mr. Bushnell a "struck" jury, which was accordingly done. which is a panel of forty, from which each party strike twelve peremptorily, and the first twelve of the remainder drawn by the clerk are sworn in. turned him to his school. * * There are numerous errors in the orthography of the names, though not many of them so serious as this: the compiler follows the Clerk of the Court in this chapter. CHAPTER SECOND. TUESDAY, APRIL 5, 1859. On the coming | kidnapping, which was found by the Grand in of Court, at 10 o'clock in the forenoon, the Jury of that county at its last session, and case of SIMEON BUSHNELL was called, and was now confined in Lorain county jail, at the defendant responded in person and by Elyria. counsel. In addition to the three gentlemen who had volunteered their legal services for the defence on the first appearance of the defendants, Mr. F. T. BACKUS now came forward in the same behalf. The District-Attorney associated with himself Hon. GEO. BLISS. While the Court had the matter under advisement, however, Mr. Lowe made his appearance, having been discharged at an early hour on the bond of Mayor Sampsel [of Elyria], which was given as security in the sum of one thousand dollars for the defendant's appearance for trial on the 17th day of May following. Before the organization of the jury, the District-Attorney informed the Court that he Twenty of the thirty indicted who had been should need a writ of Habeas corpus ad Testifi- arrested, were present at the bar of the Court, candum in behalf of Jacob K. Lowe, a material and being neither called on to renew their rewitness for the government, who, as he was in- cognizances nor taken into custody, continued formed, had been arrested at Grafton, the their regular attendance at Court, until ordered evening previous, on his way from Columbus to jail, as we shall see by and by. Their counto Cleveland, by Richard Whitney, a deputy- sel advised them that they were considered by sheriff of Lorain county, under and by virtue the Court as continuing their recognizances of a warrant issued by the Lorain County until voluntarily surrendering them. Of the Court of Common Pleas, on an indictment for twenty thus in attendance, sixteen were from any opinion of the guilt or innocence of the accused; to which each responded for himself in the negative. The DISTRICT-ATTORNEY requested the Clerk to call the names of the witnesses for the prosecution, which being done, and twenty-nine failing to respond, he asked an adjournment until afternoon. Judge SPALDING asked that the jury might be sworn first. The trials were likely to be lengthy enough at best, and it was to be hoped that no time would be lost. He wished, also, and thought it only a matter of common prudence, that the jury should be put upon their oaths before going out to mingle with the community at large, where they would be constantly hearing the merits of the case discussed. The DISTRICT-ATTORNEY thought an admonition from the Court would be sufficient safeguard, and answer every purpose, in which The COURT concurred, and charged the jury to avoid all conversation among themselves upon the case they were about to try (as they would, of course, with other persons), and if any approaches were made to them, they would give immediate notice thereof to the Court. And thereupon a recess until 2 o'clock was declared. Names of witnesses for the prosecution called. Thirteen failed to respond. The COURT asked if the defence were ready to proceed. Mr. RIDDLE asked leave to withdraw temporarily the plea of Not Guilty, in order to enter a motion to quash; which being granted, to quash filed subject to future call and arguthe plea of Not Guilty was withdrawn, a motion ment, and the plea of Not Guilty then resumed for the purposes of the trial. Jury sworn. It is but just to all concerned to remark, that although all parties connected with the prosecution were notoriously of one political faith, and all parties prosecuted of another, the Clerk of the Court, who had the making of the jury entirely in his own hands, summoning without restriction whom he chose, was able to find only ten men out of the forty who sympathized politically with the defendants, while he found thirty who sympathized with the Court. The ten The DISTRICT-ATTORNEY then stated the were immediately "stricken" off by the Dis-case to the jury as he expected to prove it, by trict-Attorney, and the defence allowed their reading to them the indictment, which runs as "choice" of the remaining thirty. follows: : A series of similar acts, forming an unbroken chain from the beginning to the time of present writing, has doubtless induced the appellation somewhat widely used in the public prints of "The Political Trials at Cleveland." Judge SPALDING, by permission of the Court, stated to the jury the nature of the case about to be tried, and then inquired of each juror, whether he had, in his own mind, formed Such of the witnesses for the prosecution as sworn, dismissed to the Grand-Jury Room, with were present were then called, and, after being an order from the Court not to enter the Court Room during the giving of testimony, until sent for. United States of America In the District Court of the United States, for the Northern District of Ohio, of the November term, A. D. 1858. The Grand Jurors of the United States of America, empanelled, sworn and charged to inquire of crimes and offences within and for --- 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. G. W. BELDEN, U. S. Attorney. 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 said Mason County court then being a legal court in the said State of Kentucky, in which He informed them that this indictment was said State said power of attorney was executed-based exclusively on the Act of Congress apdid pursue and reclaim the said negro slave proved Sept. 18, 1850, commonly known as called John, into and in the said State of Ohio, the Fugitive Slave Law, which was passed as and did, to wit, on the said first day of Octo- an amendment to the Act of Feb. 12, 1793. ber, in the year last aforesaid, in said Northern District of Ohio, and within the jurisdiction of this Court pursue and reclaim the said negro slave called John, he then and there being a "§ 6. And be it further enacted, That when fugitive person as aforesaid, and still held to a person held to service or labor in any State service and labor as aforesaid, by then and or Territory of the United States, the person there on the day and year last aforesaid, and at or persons to whom such service or labor may the District aforesaid, and within the jurisdic- be due, or his, her, or their agent or attorney, tion of this Court, seizing and arresting him as duly authorized by power of attorney in writa fugitive person from service and labor, from ing, acknowledged and certified under the seal the said State of Kentucky as aforesaid:- and of some legal officer or court of the State or that the said negro slave called John, was then Territory in which the same may be executed, and there, to wit, on the day and year last may pursue and reclaim such fugitive person, aforesaid, in the State of Ohio, at the District either by procuring a warrant from some one aforesaid, and within the jurisdiction of this of the courts, judges, or commissioners aforesaid, Court, lawfully, pursuant to the authority of of the proper circuit, district or county, for the the statute of the United States, given and de-apprehension of such fugitive from service or clared in such case made and provided, arrest-labor, or by seizing and arresting such fugitive 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. He would read that portion of the Act of 1850 which authorizes the seizure of the fugitive from service with or without process. 66 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: 66 "§ 7. And be it further enacted, That any |
