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diff --git a/28197.txt b/28197.txt new file mode 100644 index 0000000..a8dad9c --- /dev/null +++ b/28197.txt @@ -0,0 +1,3042 @@ +The Project Gutenberg EBook of The Trial of Reuben Crandall, M.D. Charged +with Publishing and Circulating Seditious and Incendiary Papers, &c. in the District of Columbia, with the Intent of Exciting Servile Insurrection., by Unknown + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Trial of Reuben Crandall, M.D. Charged with Publishing and Circulating Seditious and Incendiary Papers, &c. in the District of Columbia, with the Intent of Exciting Servile Insurrection. + Carefully Reported, and Compiled from the Written Statements + of the Court and the Counsel. + +Author: Unknown + +Release Date: February 26, 2009 [EBook #28197] + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK TRIAL OF REUBEN CRANDALL *** + + + + +Produced by Bryan Ness, C. St. Charleskindt and the Online +Distributed Proofreading Team at https://www.pgdp.net (This +file was produced from images generously made available +by the Library of Congress.) + + + + + + + + + +Transcriber's Note + +This ebook retains the spelling and punctuation variations of the +original text published in 1836. A few corrections have been made +where inadvertent typographical errors were suspected. Details of +these corrections can be found in a Transcriber's Note at the end +of this text. + + + + +THE TRIAL + +OF + +REUBEN CRANDALL, M. D. + +CHARGED WITH + +PUBLISHING AND CIRCULATING + +SEDITIOUS AND INCENDIARY PAPERS, &c. + +IN THE + +DISTRICT OF COLUMBIA, + +WITH THE INTENT OF + +EXCITING SERVILE INSURRECTION. + + +CAREFULLY REPORTED, + +AND COMPILED FROM THE WRITTEN STATEMENTS OF THE COURT +AND THE COUNSEL. + + + + +BY A MEMBER OF THE BAR. + + + + +WASHINGTON CITY. +PRINTED FOR THE PROPRIETORS. +1836. + + + + +Entered according to the act of Congress, in the year 1836, in the +Clerk's office of the District of Columbia. + + + + +NOTICE. + + +THE TRIAL OF CRANDALL presents the first case of a man charged with +endeavoring to excite insurrection among slaves and the free colored +population that was ever brought before a judicial tribunal. It lasted +ten days before the whole Court, and was as closely contested as any +trial on record, by the counsel on both sides. Every point of law was +fully and strenuously argued, and carefully considered by the Court; +and where no statutes have been enacted, this case may be considered +as settling the legal questions touching the rights of the slaveholding +population, on the one hand, to protect themselves from foreign +influence; and the circumstances, on the other hand, which may bring +people from the nonslaveholding States into danger of the law, by having +in their possession, showing, or circulating, papers and tracts which +advocate the abolition of slavery in such a way as to excite slaves and +free people of color to revolt and violate the existing laws and customs +of the slaveholding States. No trial has ever occurred more important to +travellers from the North, or to the domestic peace of the inhabitants +of the Southern States. + + + + +THE TRIAL + +OF + +REUBEN CRANDALL, M. D. + +ON A CHARGE OF + +CIRCULATING INCENDIARY PAPERS. + + + + +UNITED STATES' CIRCUIT COURT, + +_District of Columbia, Friday, April 15th, 1836._ + + +PRESENT: + +CRANCH, chief justice, THRUSTON and MORSELL, justices. + +F. S. KEY, district attorney, and J. M. CARLISLE, for the prosecution. + +R. S. COXE and J. H. BRADLEY, for the defence. + +John H. King, Nicholas Callan, James Kennedy, Walter Clarke, George +Crandall, William Waters, Thomas Hyde, Thomas Fenwick, Samuel Lowe, +George Simmes, Wesley Stevenson, and Jacob Gideon, jr., were empannelled +and sworn as jurors to try the issue. + +This was an indictment charging, in five counts and in various forms, +the offence under the common law of libels, of publishing malicious and +wicked libels, with the intent to excite sedition and insurrection among +the slaves and free colored people of this District. The three first +counts only having been relied upon, and no evidence having been offered +under the others, an abstract, omitting the mere formal part, will be +sufficient to show the nature of the libels charged. + +1st. The first count charged the defendant with publishing a libel, +containing in one part thereof these words: "Then we are not to meddle +with the subject of slavery in any manner; neither by appeals to the +patriotism, by exhortation to humanity, by application of truth to +the conscience. No; even to propose, in Congress, that the seat of +our republican Government may be purified from this crying abomination, +under penalty of a dissolution of the Union." + +And in another part thereof, in an article entitled "Reply to Mr. Gurley's +letter, addressed to the Rev. R. R. Gurley, Secretary of the American +Colonization Society, Washington city," signed by Arthur Tappan and +others, the following words: "We will not insult your understanding, sir, +with any labored attempt to prove to you that the descendants of African +parents, born in this country, have as good a claim to a residence in it, +as the descendants of English, German, Danish, Scotch, or Irish parents. +You will not attempt to prove that every native colored person you meet +in the streets, has not the same right to remain in this his native land, +that you and we have. Assuming this as an incontrovertable truth, we +hold it self-evident that they have as good right to deport us to Europe, +under the pretext that there we shall be prosperous and happy, as we have +to deport them to Africa on a similar plea." + +And in another part thereof, in the said reply, the following words: +"In what language could the unrighteous principles of denying freedom +to colored people in this country, (which amounts to the same thing as +demanding the expulsion of those already free,) be more effectually and +yet more plausibly inculcated than in those very words of Gen. Harper +you have, with so much approbation, quoted to us." + +And in another part thereof, in the said reply, the following words: +"Against this doctrine of suspending emancipation upon the contingency +or condition of expatriation we feel bound to protest; because we +believe that every man has a right to reside in his native country if he +chooses, and that every man's native country is the country in which he +was born--that no man's right to freedom is suspended upon, or taken +away by his desire to remain in his native country--that to make a +removal from one's own native country a _sine qua non_ of setting him +free when held in involuntary bondage, is the climax of moral absurdity." + +And in another part thereof, in a certain other article, entitled "Three +months' residence, or seven weeks on a sugar plantation, by Henry +Whitby," containing the most shocking and disgusting details of cruel, +inhuman, and immoral treatment of slaves by the owners and overseers, +and attorneys or agents of proprietors, according to the tenor and +effect following--that is to say: "On this and other occasions, I thought +it my duty to acquaint the attorney with my observations and feelings +in regard to the cruel floggings and severe treatment generally which +I have witnessed at New Ground. He admitted the facts, but said that +plantation work could not be carried on without the cart-whip. He +moreover labored hard to convince me that the flogging did not injure +the health of the negroes. I also told him of the exceeding immorality +and licentiousness which I had witnessed; mentioning, in substance, the +facts previously detailed. He replied that "that was a thing which they +must wink at." If a man in manners so much the gentleman, and in other +respects so estimable, was necessarily led to countenance or wink at +the enormities I have feebly attempted to describe, what, I ask, is to +be expected from its subordinate administrators who are continually +exposed to the demoralizing influences of slavery? what, indeed, but +the frightful wickedness and cruelty which are its actual fruits?"--in +contempt of the laws, to the disturbance of the public peace, to the +evil example of all others, and against the peace and government of +the United States. + +2d. The second count charges the publication of another libel, +containing among other things, in one part thereof, the following +words, viz: "Our plan of emancipation is simply this--to promulgate +the doctrine of human rights in high places and low places, and all +places where there are human beings--to whisper it in chimney corners, +and to proclaim it from the house tops, yea, from the mountain tops--to +pour it out like water from the pulpit and the press--to raise it up +with all the force of the inner man from infancy to grey hairs--to +give line upon line, precept upon precept, till it forms one of the +foundation principles and parts indestructible of the public soul." + +And in another part thereof, the following, viz: "I (meaning the said +Crandall) am not unaware that my remarks may be regarded by many as +dangerous and exceptionable; that I may be regarded as a fanatic for +quoting the language of eternal truth; and denounced as an incendiary +for maintaining in the spirit, as well as the letter, the doctrines +of American Independence. But if such are the consequences of a simple +performance of duty, I shall not regard them. If my feeble appeal but +reaches the hearts of any who are now slumbering in iniquity; if it +shall have power given it to shake down one stone from that foul temple +where the blood of human victims is offered to the moloch of slavery; +if, under Providence, it can break one fetter from off the image of +God, and enable one suffering African + + ------------To feel + The weight of human misery less, and glide + Ungroaning to the tomb-- + +I shall not have written in vain; my conscience will be satisfied. Far +be it from me to cast new bitters in the gall and wormwood waters of +sectional prejudice. No, I desire peace--the peace of universal love--of +catholic sympathy--the peace of common interest--a common feeling--a +common humanity. But so long as slavery is tolerated, no such peace can +exist. Liberty and slavery cannot dwell in harmony together. There will +be a perpetual war in the members of the political _Mezentius_--between +the living and the dead. God and man have placed between them an +everlasting barrier--an eternal separation. No matter under what law +or compact their union is attempted, the ordination of Providence has +forbidden it--and it cannot stand. Peace! there can be no peace between +justice and oppression--between robbery and righteousness--truth and +falsehood--freedom and slavery. The slaveholding States are not free. +The name of Liberty is there, but the spirit is wanting. They do not +partake of its invaluable blessings. + +"Wherever slavery exists to any considerable extent, with the exception +of some recently settled portions of the country, and which have not +yet felt, in a great degree, the baneful and deteriorating influence of +slave labor--we hear, at this moment, the cry of suffering. We are told +of grass-grown streets--of crumbling mansions--of beggared planters, and +barren plantations--of fear from without--of terror within. The once +fertile fields are wasted and tenantless: for the curse of slavery--the +improvidence of that laborer whose hire has been kept back by fraud--has +been there, poisoning the very earth, beyond the reviving influence of +the early and the latter rain. A moral mildew mingles with, and blasts +the economy of nature. It is as if the finger of the everlasting God had +written upon the soil of the slaveholder the language of his displeasure. + +"Let then the slaveholding States consult their present interest by +beginning, without delay, the work of emancipation. If they fear not, +and mock at the fiery indignation of Him to whom vengeance belongeth, +let temporal interest persuade them. They know, they must know, that +the present state of things cannot long continue. Mind is the same +every where, no matter what may be the complexion of the frame which +it animates; there is a love of liberty which the scourge cannot +eradicate. A hatred of oppression which centuries of degradation cannot +extinguish. The slave will become conscious, sooner or later, of his +strength--his physical superiority--and will exert it. His torch will be +at the threshold, and his knife at the throat of the planter. Horrible +and indiscriminate will be the vengeance. Where then will be the pride, +the beauty, and the chivalry of the South. The smoke of her torment will +rise upward, like a thick cloud, visible over the whole earth." + +3d. The third count charged the defendant with publishing twelve other +libels, in which are represented and exhibited "several disgusting +prints and pictures of white men in the act of inflicting, with whips, +cruel and inhuman beatings and stripes upon young and helpless and +unresisting black children; and inflicting with other instruments, +cruel and inhuman violence upon slaves, and in a manner not fit and +proper to be seen and represented; calculated and intended to excite +the good people of the United States in said county to violence against +the holder of slaves in said county as aforesaid, and calculated and +intended to excite the said slaves in said county, to violence and +rebellion against their said masters in said county; in contempt of the +laws, to the disturbance of the public peace, to the evil example of all +others, and against the peace and government of the United States." + +All these counts contained averments that at the time of the publication +of these libels, the citizens of the United States residing in the +county of Washington, in the District of Columbia, were lawfully +authorized to hold slaves as property, and many of them did so hold +them--and that many free persons of color also reside in the District; +and that the defendant, unlawfully, maliciously, and seditiously, +contriving and intending to traduce, vilify, and bring into hatred +and contempt, among the citizens of the United States, the laws and +government of the United States in the county of Washington as duly +established and in force, and to inflame and excite the people of the +United States to resist and oppose and disregard the laws and Government +aforesaid, and the rights of the proprietors of slaves in the said +county, and to inflame and excite to violence, against the said +proprietors of the said slaves, not only the ignorant and ill disposed +among the free people of the United States and the free persons of color +in the said county, but also the slaves; and to produce among the said +slaves and free persons of color, insubordination, violence, and +rebellion, and to stir up war and insurrection between the said slaves +and their said masters, published the said libels, containing among +other things divers false, malicious and seditious matters, of and +concerning the laws and Government of the United States in the said +District, and of and concerning the citizens of the United States +holding slaves in the said District, and of and concerning the said +slaves and free persons of color, and their labor, services, and +treatment, and the state of slavery in the said District. + +The defendant pleaded not guilty. + +_The District Attorney_ opened the case for the Government. He said +this was a serious and important charge of publishing inflammatory +and seditious libels, which was always an indictable offence. In this +particular case, situated as the population of the District is, it +was peculiarly dangerous and atrocious. In point of law, it would be +necessary to prove a publication; that the prisoner did in some way +or other exhibit or circulate one or more of the libels; and with that +view he should connect evidence that he was found with many similar +libels of a most dangerous and inflammatory tendency, with the words +"_read and circulate_" upon them, in writing which Crandall admitted to +be his own handwriting; and that he gave different and contradictory +accounts of how he came by them, and how they came here in his +possession. Also, that similar libels were dropped into the post-office, +and sent by nobody could tell whom, to almost every body in the +District. After proving these facts, he said he should carry the libels +before the jury, and let them judge whether the prisoner could have been +here with any good motive, or have such a mass of obnoxious papers with +any good purpose. + +_Mr. Coxe_ wished to state, at the outset, what he understood to be the +law. The libels charged were not upon individuals, nor the Government, +but were said to be designed to excite the whole community; and +therefore publication or circulation with the intent charged, would +be necessary to sustain the prosecution. Possession, however bad or +dangerous the libels might be, was no crime; any man might have and keep +the worst libels with entire innocence; and in this case, it would be +no evidence of malicious or dangerous intent that he loaned or gave one +to respectable individuals, who would not be injured and would not do +any injury to others. + +_Henry King_ testified that about last June or July, he knew Crandall in +Georgetown, where he came and took an office as a botanist, and followed +that business. + +_Key_ handed him a pamphlet, and asked if he had seen any like it; +stating, upon objection being made by Coxe, that his object was to show +that Crandall gave the witness such a paper to read. + +_Coxe_ objected to the testimony, as furnishing no ground of inference +that the act of publication by giving the paper to a respectable white +free man, was intended to create excitement, or was the result of a +malicious intent. + +_Key_ said he would connect this with other circumstances to show the +intent. It was proper evidence to go to the jury, and they must judge +what the intent really was. + +_The Court_ ruled that the evidence was admissible; and, + +_Henry King_ went on to testify: He was in Crandall's office in +Georgetown, some time in July last. Received from Dr. Crandall a +pamphlet similar to the one now shown him, called the "Anti-Slavery +Reporter." There was something written on it, but can't say what it +was. He left it at Linthicum's store. Some one took it away from the +store and it was lost. + +_Judge Morsell._ Did Crandall make any remark, when you took the +pamphlet? + +_Witness._ No. Witness was looking at the botanical preparations in the +office, and seeing this and other tracts on the subject of abolition +lying about, he took up one and remarked, "the latitude is too far south +for these things;" "they won't do here;" but, "by your leave, I will +take this and read it over." Crandall was at the time engaged in taking +out preparations of plants from a large trunk. There were three of these +pamphlets on the table, but don't know whether they were taken from +the trunk or not. Crandall used newspapers, or something like them, as +wrappers for the preserved plants. Witness is not a slaveholder himself. +Witness after looking over the pamphlet threw it on the desk in +Linthicum's store, and afterwards threw it under the counter. When the +excitement arose, looked for it and could not find it. Had thought +nothing about it till then. Did not remember what words were written +on the pamphlet. Crandall did not call his attention to the tracts. +He asked Crandall for the pamphlet, as a loan, and took it away with +Crandall's leave. Crandall never asked for it afterwards. He saw +something written on the pamphlet, and recollects that Crandall at his +examination in the jail, admitted the words, "please read and circulate" +to have been written by himself. He saw in Crandall's shop two or +three of them, not more than three. The plants were enveloped in large +newspapers. Crandall had been in Georgetown about three weeks or a +month, at this time. Witness was frequently in the shop. Crandall was +much engaged in gathering and preserving plants. + +_Key_ proposed to read from the pamphlet. + +_Coxe_ objected that the publication, with the malicious intent charged, +had not been proved, and that it was necessary before going into any +other evidence to make out the fact of publication. The paper could not +be read to show the intent, when no evidence of publication is offered +to show such a publication as is charged; and he cited various +authorities of no interest to the general reader. + +_Key_ argued that possession alone of a known published libel, was +evidence of publication sufficient to call upon the defendant to show +how he came by it. The intent was to be inferred from the character of +the libel: and the evidence he had already given was sufficient _prima +facia_ evidence to put the prisoner to his defence, and allow the libel +to be read to the jury. He meant to show other circumstances which would +show the intent. If the evidence of having given one to a witness, and +having in possession a bundle of other similar libels was not enough, +then a man has only to keep them on hand, and take care not to give them +away; but he may tell every body that he has them, and advertise them +from one end of the country to the other; and may give them to every +body who chooses to call for them, without any danger from the law. + +_The Court_ called King again, when he stated that Crandall permitted +him to take away the pamphlet at his request, reluctantly; that it was +a private office, without any sign, or indication of business, or any +thing shown for sale at the windows, nor any thing for sale in the shop. +The pamphlets might have been thrown down in the confusion of unpacking; +and he never saw but three persons in the shop, which was usually kept +locked. Crandall was mostly out collecting plants; and he once saw him +describing some specimens to Mr. Cruickshank and Doctor King; he +understood Crandall had given out that he was about to teach botany. + +The counsel for the defence here contended, that this was not sufficient +evidence of malicious publication. The delivery to King was no more than +simple possession in the eye of the law, and was compatible with entire +innocence; and possession alone was no offence. + +_Key_ cited a number of authorities to show that _prima facia_ evidence +of publication only, was necessary to let the libel go to the jury. +Here was a publication--the jury must judge of the intent--with the +handwriting of the prisoner endorsed with the words "read and +circulate;" and he made the point that when a libel is printed, and +a copy is found in possession of the prisoner, it is _prima facia_ +evidence to allow the libel to be read. To prove that the words were +on the libel given to King, in the prisoner's handwriting, he called + +_William Robinson_, who testified, that he saw the pamphlet which King +said he got of Crandall in Linthicum's shop, and that the words "read +and circulate" were written on it. + +_The Court_, deeming this to be _prima facia_ evidence of publication, +permitted the pamphlet to be read to the jury, or so much thereof as +either party might think proper to be read, and pertinent to the issue. + +_Key_ was about to read the libel. + +_Coxe_ objected, that it was not the libel proved to have been given +to King, for that was lost. + +_King_ was called again and said the paper he had was lost; how or where +he did not know; but he identified the one handed to him as an exact +copy of the same pamphlet; but said he could not say what writing was +on the one he had. He might have remembered if he had not seen some with +and some without writing. + +_C. T. Coote_ was one of the examining magistrates in the jail when +Crandall was arrested. He recollected that King pointed out one with +the writing on, as similar to the one he had, and that Crandall admitted +the writing to be his. + +_B. K. Morsell_, another of the magistrates, recollected that King +stated distinctly, that the words "read and circulate" were on the paper +when he got it; and that Crandall said it was his handwriting, but he +did not recollect Crandall's saying it was put on a year before. + +The question was here raised and argued by the counsel on both sides, +whether any evidence could be given of any libels, except those of which +the publication was proved, unless they referred distinctly to the +libels charged in the indictment. + +_The Court_ was of opinion that the United States could not give in +evidence to the jury, for the purpose of proving the intent of the +defendant in publishing the libel stated in the first count, any papers +subsequently published by the defendant, or found in his possession +unpublished by him, which would be libels, and might be substantive +subjects of public prosecution, if published. + +_Thruston, J._, differed with the majority and delivered the following +opinion: + +There are five counts in the indictment charging, in various ways, +the publishing by the traverser of sundry libels with intent to create +sedition and excite insurrection among the slaves and free blacks. The +first count in the indictment charges the publication of a certain +libel, not otherwise described or set out in the count, than by +selecting certain paragraphs in the supposed libellous pamphlet, and +setting them out severally in the count. To this count only and to the +libellous matter charged thereon has any evidence of publication been +given. The Attorney for the United States has moved the court to be +permitted to give in evidence to the jury other printed pamphlets of +the same character and on the same subject, and which the traverser +acknowledged to represent his sentiments, as evidence of malice on +the part of the traverser in the publication of the libel in the first +count; the libel in the first count being one of those which, with the +others now asked to be given in evidence, the traverser acknowledged +contained his sentiments. + +That is, that it is competent to prove malice in the publication of one +libel by others found in the possession of the traverser on the same +subject, of which no proof of publication has been offered. The motion +to admit the said alleged libellous pamphlets in evidence has been +supported by no precedent or adjudged case, but from analogies drawn +from proceedings in other cases, and from the expediency or necessity +of punishing the enormous crime of which the defendant stands accused; +enormous, we all admit the crime to be, if substantiated, but which +judges cannot punish but under the rules and principles of law. Enormous +as the offence is, it is questionable whether from public considerations +it is not better that the accused should escape punishment, than that +the law should be perverted to obtain his conviction. + +There being no authorities cited to sustain the motion of the Attorney +for the United States, we have no other guide to enlighten and direct +us than the established principles and rules of law in criminal +proceedings. I take it to be well settled, that in indictments for +libels, publication is the gist and essence of the crime; that having +in one's possession one or more seditious or libellous writings, whether +written or printed, if their contents be not communicated or made known +to one or more persons, then the possessor is not criminal in a legal +point of view. It is true that Hawkins was cited to prove that having +in one's possession a known published libel is _prima facie_ evidence +of publication against such possessors; admitting this authority, it +seems not to touch the case before us, unless those libels were +published within this District. They purport on the face of them to +have been printed in _New York_, and there published, so far as sending +them abroad, within that state, from the printing office, and putting +them into the hands of others amounts to a publication within this +District; and no evidence has been offered that the traverser ever +distributed a single copy or imparted their contents to any person +within this District saving the one charged in the first count. Hawkins +surely did not mean that having a copy of a libel published in a foreign +country in one's possession, was evidence of publication in another +state or country where the possessor of such copy may be found: for +example, a libel against the British government printed and published +in France would be no publication in England, to charge a person found +in England with one or more copies of such libels in his possession, +with the guilt of publishing such libel against the laws of England. +It is true, in times of great excitement in England, when the rebellious +principles of France were gaining ground and endangering the very +existence of the government, the Scottish courts did condemn and send +to Botany bay, Muir and Palmer for having in their possession a printed +copy of Thomas Paine's Rights of Man. It is very long since I read the +case; indeed shortly after we first obtained the information of their +trial, and shortly indeed after the trial; but I have never heard the +judgment of the court in their case spoken of but with reprobation. I +cannot remember the particulars of the case. The evidence was, that the +book had been reprinted and published in Great Britain. If so, that case +is stronger than that of having a printed copy in possession of a libel +published only in a foreign country; and so far, if such be the fact, it +is sustained by the dictum in Hawkins, but this dictum is not itself +sustained, as far as I could judge from the authorities cited at the +bar, from Hawkins himself, nor by any adjudged case. I think I may +boldly assert, then, that the merely having in possession a libel +printed and published in a foreign country only, is not an indictable +offence here, and publication of the same libel here. + +Let us then examine how far these alleged libels, which, although not +subjects of criminal prosecution here, can be made use of to sustain the +publication, or prove, or aid in proving, the criminal intent or malice +in the publication of another libel charged in the first count, and of +the publication of which some evidence has been offered to the jury. Now +the libels in the first count, of which evidence of publication has been +given to the jury, is of itself libellous, or it is not; if it be +libellous and published, the law deduces the criminal intent from the +libellous matter itself, and therefore requires no aid from other +libellous writings to sustain it: if it be not libellous, it cannot be +made so by showing other libellous writings of the traverser, of which +he is not accused or charged in the indictment. I mean the libellous +matter itself in the libel is, in the eye of the law, proof of criminal +intent, if it be published, unless the traverser can rebut this +inference of law by proving his innocence of any criminal intent, by +some sufficient excuse, as that some person stole the copy from him and +published it without his knowledge or consent. But the Attorney for the +United States urged that these pamphlets, indicating the one charged in +the first count, contained or expressed opinions which coincided with +his sentiments on the subject matter of them; and this was urged as a +reason for admitting them in evidence. This, in my view, amounts to +nothing more than that he appropriated to himself and adopted the +thoughts of others. What proof could this appropriation or adoption +afford of a malicious intent in their publication? Every man has an +unquestionable right to his own moral or religious sentiments: there +is no crime in this: it would be criminal to restrain any man in this +country in his own, or in adopting the moral or religious opinions of +others, if he please; it is criminal only when he attempts to propagate +them, and only when they have a tendency to disturb the peace of +society--to invade the general rights of property--and are most +essentially criminal, if they have a tendency to produce the dreadful +results charged in the indictment. But bad as the tendency of those +writings may be, and unquestionably are, if truly portrayed in the +indictment, I know not how much less danger would result, if, led away +by our feelings, we bend the rules and principles of law from expediency, +or the supposed political necessity of convicting the accused. The present +crisis may pass without leaving any dangerous consequences behind it. The +good sense and virtue of the people, and the fear of punishment in +transgressors, will check the progress of these alarming doctrines; but +if we invade the panoply which the law has provided for the protection +of the accused against arbitrary or vindictive judgments, we establish +precedents, the evil consequences of which cannot be calculated. The +criminal intent, then, does not consist in the writing or possession of +a written or printed libel, but in the publishing it. It is not easy to +conceive how the criminal intent of publishing one libel, can be proved +by the having in possession other libels not published, any more than +you would be permitted to prove a man guilty of stealing one horse, +because you might prove that he had a propensity to horse-stealing. But +you would not be allowed to introduce such proof. The _quo animo_ with +which a horse is taken, is as necessary in an indictment for horse +stealing, as for publishing a libel. Now, as I observed before, if the +matter of the pamphlet charged in the first count in the indictment is +libellous, does not the acknowledgment of the traverser that the +sentiment in the several pamphlets coincided with his own, embrace in it +the sentiments in the pamphlets charged in the first count, and of which +evidence has been offered of publication? If so, does not this libel of +itself afford sufficient evidence of malice, without resorting to the +matter of other pamphlets not charged? Then why resort to them? The +traverser was not apprised from this first count, that he was +responsible for any libel or libellous matter, except what was contained +in the libel set out in said count. If you are permitted in order to +prove malice in publishing the libel in the first count, to read to the +jury the libellous matter of other alleged libels, what will be the +consequence? The matter in those other libels may be of a more +aggravated or inflammatory character than in that set out in the first +count. Is it not evident, if such be the case, that the jury may be +influenced to convict the traverser, not by the matter of the libel with +which he is charged, but from that of other libels with which he is not +charged? Surely, if malice in the publication of a libel be an inference +of law, that inference must be drawn only from the libel charged and +published, not from other writings which are not libellous because not +published. As I observed before, if the paper charged in the first count +be of itself libellous, the criminal intent of publication is to be +inferred from the confession of the traverser that he approved of the +sentiments contained in it. If such inference can be drawn from such +confession it can as well be sustained from the matter of this libel, as +from that of any number of others, and there is no need to resort to +them for such inference; if the matter of such papers be not libellous, +no number of other libels found in the traverser's possession, however +coinciding with his own opinions, can sustain the libel charged. + +Again: if the matter of those pamphlets, which the Attorney for the +United States has moved the court to be permitted to lay before the +jury, be libellous, may not the traverser be hereafter arraigned upon +them if proof shall be had of their publication? This is possible; +almost probable, if his zeal in the cause be so great as has been +attempted to be proved. Then might he not be convicted by their +instrumentality in the present prosecution, and again in a subsequent +prosecution for publishing those very libels? I thought the court had +decided this point in a former opinion in this case, where they said +they could not be evidence if _they were of themselves indictable +writings_. + +Again: if the proof of malice in the publication of the charged libel +be not complete, can it be made so by the production of other pamphlets +or libels not published? Is it an inference of law, that having such +libels in the traverser's possession furnishes any proof of malice in +the publication of the charged libel? I question the legal logic of such +an argument. It was almost as easy to publish by distributing fifty +pamphlets as one. Now if but one of fifty was given out, is it not as +probable that he did not desire to publish them, as that he did? Now an +inference from facts, or acts, is matter of law, and I should hesitate +to tell the jury that the traverser having in his possession fifty other +libels, or any lesser or greater number, which he might have published +with the same ease as he published one, is proof of malice in +publishing that one. An inference to be drawn from proved facts or +circumstances is something like a corollary drawn from a previously +demonstrated theorem in mathematics. + +I wish it was as certain and clear. An inference deduced from a proved +theorem in geometry is unquestionable. Every body will agree to it. An +inference drawn by law from previously proved facts or circumstances, +is doubtful at best. Two discreet judges may and often do disagree in +regard to it. Do we not hear every day, in this court, of the most +wise and able judges--of the venerated Hale himself--admonishing +courts and juries not to lend a willing ear to them; at least against +circumstantial evidence, which is the same thing. How many almost +irresistable cases of inferences drawn from pregnant facts have been +shown, in which time proved the fallacy of such inferences, and that +many an innocent man has been consigned to an ignominious death by +circumstantial or (which is the same thing) inferential evidence, and +still so strong were the facts and circumstances in the very cases +cited by them, (where time proved the innocence of the accused who had +suffered the penalty of the law), that under the same circumstances I +should permit the same evidence to go to the jury--but in the case +before the court those admonitions are well worth considering. We are +asked to admit certain pamphlets said to be of similar libellous +tendency, and proved by the confession of the traverser to coincide +with his opinions, as the one charged in the indictment, and of the +publication of which evidence has been offered to the jury, although +such pamphlets were never out of the possession of the traverser nor +shown to any one, to prove malice in the traverser in the publication +of another pamphlet charged to have been published by him in the first +count in the indictment. I do not distinctly see the legal inference of +malice in having in his possession those unpublished pamphlets. He +could have published them, if this malice was in his heart. Why did he +not? Is it not in evidence that when he permitted one of those pamphlets +to be taken from his counter and read by Mr. King, that he did it +with reluctance, and that he was warned of the danger of bringing +such writings so far South? Is it unreasonable to suppose that he was +deterred by the warning? Taking then the whole evidence together, +although it proved great indiscretion in the traverser, and great guilt +had he propagated his writings--and that he would have deserved the most +condign punishment had he had the temerity to have published them--yet, +if I am to take the whole of the testimony in the case, I should be +compelled to say, that in withholding the other pamphlets from the +view of others, or of any other, he was influenced by the counsel he +had received, and was afraid to publish them; and that, under the +circumstances in which he permitted the first pamphlet to be taken from +his counter and published, if such permission be a publication, that he +then was aware of the danger he was in, and that under such circumstances +the having in his possession other pamphlets of a similar character, (if +the publication by permitting the pamphlets charged in the first count +to be taken from his counter and read by Mr. King, be not taking the +contents of the pamphlet into view of itself a malicious publication), +it cannot be made so by having other pamphlets of similar tendency in +his possession, which he did not publish nor attempt to publish. + +It was contended, among the reasons assigned by the Attorney for the +United States for the admission of those pamphlets in evidence to the +jury, that some three or four of them were endorsed with the words +"read this and circulate," in the handwriting of the traverser, and this +was evidence of malice in the publication of the pamphlet charged in the +first count, and of which evidence of the publication has been offered +to the jury. But this pamphlet last spoken of had also the same words +written on it: whatever evidence of malice may be inferred from these +words, is furnished by the said pamphlet itself, and therefore it is not +necessary to resort to other sources for such evidence. It is true that +a multiplication of the same inscriptions on other pamphlets may, and +do, manifest greater zeal, and more intense interest in the subject +matter of the writings, and indicate an intention on the part of the +writer of such inscriptions to publish them. The malice which the law +denounces is in the publication, not in the writing or composition: +a man may express his thoughts or opinions in writing with impunity, +and is as innocent in the eye of the law (provided he keeps such writings +or compositions locked up from the public eye) as if they were locked up +in his own mind. Is not an indication or manifestation of an intention +to publish certain writings or printed compositions, and the withholding +the execution of such intention as strong evidence of change of purpose +from fear of the consequences or for other reasons, as of malice in the +publication of one of them in the way, and under the circumstances, in +which the one charged to have been published in the first count was +published? It is very clear, it seems to me, that if there were no other +evidence of any other publication of any of the pamphlets in question, +than the inscription on the corner "read this and circulate," that the +indictment could not be sustained, because such inscriptions, if the +pamphlets are never shown to any other person, is in the eye of the law +harmless. If, then, we are asked to admit such inscriptions or pamphlets +never shown to, or seen by any other person within this District, +because there is evidence that one such pamphlet was permitted to be +seen and partly read by another, must we not look at the evidence which +proves such exhibition of such pamphlets, and connect that with such +inscriptions on other pamphlets not published, to see how far such +inscriptions go to fortify and strengthen the evidence of malice as to +the published pamphlets? In other words, to see what legal inferences +of additional evidence such inscriptions afford? If this were a case +of ordinary importance, I should say without much hesitation, that they +afford no such inferences. It is for the jury to draw inferences of +guilt or malice from circumstances; they are fully competent to do so in +the present case from the evidence now before them; but it is often and +almost always a nice point for a court to instruct a jury from what +circumstances or facts inferences of guilt or malice may be drawn. It is +saying, Gentlemen of the jury, such and such a circumstance, if proved +to your satisfaction, is evidence from which you may and ought to find +against the traverser. It satisfies our minds and ought to satisfy +yours. But juries ought and will judge for themselves in criminal cases; +and I have always thought it a delicate matter in criminal cases, to +give such instructions to juries. Here we are not asked to give an +instruction; but we are asked to permit evidence to go the jury, which, +if allowed, carries with it the opinion of the court that such evidence +affords inference of malice. I must see such inference pretty clear +myself, before I give my sanction to the jury to draw such inference +themselves. It is true the law denounces any published writing having a +tendency to produce a breach of peace, or insurrection, or to jeopardize +the general rights of property, whether the intent of the writer was +wicked or innocent, as libellous. The writing itself being of a +libellous character, is of itself evidence of malice in the publication, +and it would be no excuse for the publisher to say, I meant no harm, I +thought I was doing good. In the eye of the law he is as guilty as if +this intention was really wicked. This is called implied malice, in the +absence of any other proof of malice than what is offered by the +internal evidence of the writing itself. Now the object of the motion to +lay before the jury other libellous papers, can be for no other purpose +than to prove express malice; for the published libel charged in the +first count, if it contain libellous matter, and was published, is of +itself, sufficient proof of implied malice, and if it be not libellous, +no other libellous writing can be introduced to make it so. Then, if it +be libellous itself, it implies malice; and if other similar writings +be introduced to prove malice, what does it amount to but proving the +implied malice of one libel by the implied malice of other libels? Or, +if it be said that some evidence of express malice has been laid before +the jury, can you make this evidence more strong or clear by evidence of +implied malice, contained in other similar writings not published? Upon +the whole, I do not distinctly see, under all the circumstances of this +case, how the unpublished writings can be admitted to prove the implied +malice to be gathered from them if they had been published, the implied +malice in the libel charged and allowed to have been published, or how +such evidence of implied malice in them, can be brought to prove express +malice in the publication of the charged libel in the first count. I am +against the motion. + +_Mr. Key_, for the United States, then offered to prove the publication +by the defendant of the libels stated in the first, second, and third +counts, _by proving the following facts_, viz: that a large collection +of libels, and among them several copies of those charged in those +counts, with the words "_read and circulate_" in his handwriting, were +found upon the traverser--that he undertook to account for their being +in his possession, and gave untrue and contradictory accounts--that he +acknowledged that he had brought here those then shown to him, being +the same now in court, and that they comprehended all he brought here, +except about a dozen; and that prior to the traverser's arrest sundry +similar publications had been privately sent to various persons in this +District by some unknown person or persons in this District. + +After arguments which occupied nearly the whole of Saturday, in which +the counsel on both sides displayed great learning and ingenuity, + +_The Court_ delivered the opinion that the Attorney for the United +States may give evidence of the publication, in this District, of any +copies of the libels charged in the first and second counts of the +indictment. That if he shall have given any evidence tending to show +such a publication here, he will be permitted to show that other copies +of the same libels were found in the possession of the defendant. He may +then give evidence that a certain number of papers or pamphlets were +found in the possession of the defendant, together with the copies of +the libels charged, and of the publication of which in this District, +he shall have given evidence; but he will not be permitted to give in +evidence to the jury the contents of any of the papers other than those +charged as libels in this indictment, unless such other papers have +relation to the libels charged in the indictment, and would not in +themselves be substantive ground of prosecution. He may then give +evidence to the jury of any confessions or acknowledgments made by the +defendant in relation to any of the matters charged in the indictment. + +_The District Attorney_ then put in evidence as follows, to show that +the prisoner had many similar libels in his possession, and that others +were distributed throughout the District. + +_H. B. Robertson_, constable, deposed that he found some tracts on +Dr. Crandall's table at his office in Georgetown. Don't recollect how +many. There were also a number of them at his lodgings, in a trunk. He +denied to me that he had distributed any, but did not conceal or deny +that he was in possession of them. He mentioned that he was formerly a +subscriber to the Emancipator, but they had stopped it, and he had taken +them in its place. They were sent to him from New York, and came in a +box by water, and not by mail. Witness collected and brought them to the +jail, tied up in a handkerchief. Being fearful of some trouble when he +got into the hack, he proposed to Mr. Jeffers to take Crandall to the +jail through the back streets, and keep him there during the night, +for fear he might be wrested from us and lynched. It was Dr. Crandall's +desire to be taken out of the way of the people, and be carried to the +jail. Before they left the office a crowd had collected, and they made +an effort to get off as quick as possible, being very apprehensive that +Dr. Crandall would suffer some harsh treatment, and serious injury from +them. The event verified his expectations, for he found afterwards that +the carriage was waited for somewhere on the avenue, where it was +expected to pass, by a numerous and excited collection of people. + +_Cross examined._--Conversed with Dr. Crandall at his office and on the +way to the jail. Went to his lodgings, and found Emancipators there. +Did not offer to carry him before a magistrate in Georgetown. Told +Dr. Crandall what my apprehensions were for his personal safety, and of +being waylaid, and proposed that he should stay at the jail that night. +He attempted no concealment, and gave witness free leave to search his +papers, &c. Witness found Boston, New York, and Baltimore newspapers, +and a great many Telegraphs. Dr. Crandall opened the trunk himself and +showed the tracts. Don't remember whether they were loose, or tied +together and enveloped. Those were the pamphlets now in court. Don't +recollect whether the letters were brought away. There were many plants +in the office. Don't know what they were put up in. Think it was +pasteboard, or something like it. Asked him if he was Dr. Crandall, to +which he replied yes. Then told him that he was charged with being an +abolition agent and exhibited the warrant for his arrest. He did not +then say any thing about the tracts in his possession, but when they +were found he stated they were sent to him from New York, instead of +the Emancipator, to which he had formerly been a subscriber. He did +remark that he had not distributed any tracts of the kind. + +_Question by Key._ Which of the pamphlets did you find at the office, +and which at the house? + +_Coxe_ objected to the question. + +_Key._ I wish to know which kind were sent to Crandall in the box from +New York. + +_Cranch, C. J._, saw no objection to the question. + +Witness then stated that he found the Anti-Slavery Reporters in the +office. Did not recollect any others in the office, except the +newspapers. The other tracts, together with some books, were found in +his trunk at the house. Crandall did not say all the papers came in the +box. Did not endeavor to elicit any confessions from Dr. Crandall, and, +in fact, reminded him that he and Mr. Jeffers might be called on as +witnesses. Witness recollected that, during the examination, there was +a paper produced by Dr. Crandall, who was too much agitated to read it. +One of the magistrates attempted to read it, but don't know whether it +was read or not. Dr. Crandall was much agitated. There was a great +excitement outside the jail, and much alarm in it. Dr. Crandall was +arrested on the 10th, and examined on the 11th of August. + +Witness remembers that there was a conversation in the hack, as they +were coming from Georgetown to the jail, in which the following question +was asked Dr. Crandall:--"Don't you think it would be rather dangerous, +at the present time, to set all the negroes free?" Don't recollect the +precise words of the reply, but he inferred from it---- + +_The Court_ interposed. We don't want your inferences, Mr. Robertson; +give us the facts, if you please. + +Well, if it please the Court, continued Mr. Robertson, my impression was, +at the time, that Dr. Crandall's reply amounted to this--that he was for +abolition, without regard to consequences. Mr. Jeffers asked the Doctor +if he did not think that abolition would produce amalgamation and also +endanger the security of the whites. The doctor did not object to these +consequences. He thought the negroes ought to be as free as we were. + +_M. Jeffers_, constable, deposed that he saw some pamphlets endorsed +"please read and circulate" in Dr. Crandall's office. Witness, when he +entered the office, said, "we want all your incendiary tracts, Doctor." +Witness looked into a large box and saw the pamphlets. + +The box was without cover, and the pamphlets lay in a corner. At his +lodgings, more pamphlets were found. Don't know how many there were +in the box. Those in the trunk, at the house, were nearly all new. +Dr. Crandall explained that they had stopped the Emancipator and sent +the pamphlets in lieu of it. Think he said they were sent around in a +vessel, in a box. Witness asked him what he was doing with so many of +them. The reply was that he had procured them for information. Don't +recollect that any of the botanical specimens were in newspapers. He +said they had stopped sending papers weekly and sent them monthly. +Witness asked what he was doing with so many of the same numbers at the +same time, to which he replied that they all came in the box, and that +he wanted them merely for information. Witness looked into, and not +liking their language, remarked that he did not see how any one could +derive much improvement from such stuff. + +Witness recollected that there was a paper which Dr. Crandall tried to +read, but was prevented from reading, by extreme agitation. Dr. Crandall +rolled it up and put it in his pocket. He was much agitated, and witness +thought, at the time, that he was indiscreet in so freely expressing his +sentiments. No pamphlets with the endorsement "read and circulate" were +found in the trunk. When Crandall was asked why he wanted so many of the +same number of the Anti-Slavery Reporter for information, he made no +reply. In the course of the conversation in the hack, Crandall said he +did not intend to deny his principles. Witness asked him if colonization +would not be better than abolition. He replied: No; he was in favor of +immediate emancipation. + +_Question by Bradley._ Did he not say, "I am for immediate preparation +for emancipation." Witness did not recollect precisely. That might have +been the answer. Would not say it was not. When he said he was in favor +of immediate emancipation, witness remarked that it would be attended +with dreadful consequences. We should all have our throats cut, and the +next thing would be amalgamation. + +_Thruston, J._ Would the amalgamation occur after our throats are cut, +Mr. Jeffers? + +_Witness._ Dr. Crandall in reply to this remark, said, "well let the law +take care of all that." + +_B. K. Morsell, Esq._, one of the justices who committed the traverser, +stated that, at the examination of the traverser in the jail, the +witness just examined, Henry King, deposed that the pamphlet which he +took from Crandall's office had written upon it the words "please to +read and circulate." This deposition was made in the presence of +Crandall, and Crandall did not pretend to deny it, and admitted that +the words were in his own handwriting. He said that when he was about +to take passage in the steamboat, at New York, there was a bundle of +pamphlets brought to him. Don't recollect whether he said they were +brought to him before or after he went on board of the boat. Don't +remember whether Crandall said they were sent or brought to him. He +stated that he was then on his way to this city. A bundle of pamphlets +were brought into the jail, at the time of the examination. Crandall +said that all he brought on were there, except twelve or thirteen. +Crandall did not state at what time the words "please read and +circulate" were written upon the pamphlets. There was no distinction +drawn between those which were endorsed and those which were not. They +were all thrown together. Don't recollect that Crandall made any +distinction in regard to them. He was understood to speak of all the +pamphlets together. The only contradiction in Crandall's statement was +that he, at first, said that pamphlets were brought to him as he was +leaving New York in the boat, and afterwards said they had been in his +possession for some time. Witness looked at some of them and saw that +some were of older date than others. Could not distinctly recollect +which were of old and which of new date. There was a considerable +interval between the dates, but don't remember how long. While the +examination was going on, there was a great commotion outside of the +jail, and a loud knocking at the door; the prisoner seemed agitated, +which was not wonderful, considering the circumstances. Don't recollect +that he said any thing about the time when the words "_please read and +circulate_" were written on the pamphlets. + +_Mr. Key_ here admitted that he recollected hearing the prisoner say, +at the examination in the jail, that the endorsements were written two +years before. + +_Mr. Morsell_ continued. Don't remember that Crandall presented a +written paper. Think it likely he did. There were three magistrates +sitting, and it might have been given to one of the other two. He +believed it appeared, on the examination, that Crandall had been in +this District some months. + +_Clement T. Coote, Esq._, one of the magistrates who examined the +traverser in the jail, deposed that Henry King, upon his examination, +stated that the words "_please read and circulate_" were written upon +the pamphlet when he got it from Crandall. A bundle of the tracts were +brought in. Crandall said he had received them just as he was leaving +New York, on his way to this District. He was going down to the boat +when they were brought to him. Crandall stated, as witness distinctly +recollects, that the endorsements were made some time before. Witness +did not recollect that he stated the precise time, but that he said the +endorsements were made some time before. Did not recollect that he said +he came on directly to Washington. After the pamphlets were shown to +King and Crandall, witness's impression was that Crandall had been +detained some where on the way, and in the interval had written the +words. There was no contradiction that he noticed in Crandall's +statements. Crandall admitted that the words were in his handwriting, +but said they were written some time before. Crandall said they were all +there except about a dozen. He did not say whether he had distributed +any; but witness did not understand him to state that the number had +been diminished since he came here, but that the bundle exhibited +embraced all the tracts which he brought with him from New York. +Witness's impression that they were all the pamphlets which witness +brought to the District, except the one which he lent to King; but +Crandall did not in his statement except that one. He understood +Crandall that all that he received at New York were there, except about +a dozen. He recollected that Crandall said he had been a subscriber to +some of the abolition publications. Witness or one of the magistrates +asked Crandall "whether he was aware of the nature of the pamphlets when +he left New York?" To which Crandall replied that he supposed them to +be of the character with those for which he had been in the habit of +subscribing. Crandall was also asked "why he was put in possession by +the publishers of so many copies of the pamphlets, and whether it was +not because they supposed he would circulate them and be an efficient +agent?" In reply to which Crandall said "it might be so." He did not +intimate that he had any knowledge of his appointment as an agent. + +_The Court_ here asked witness whether the traverser intimated that the +tracts were given to him with his assent and approbation. + +_Witness._ He admitted that the tracts contained his sentiments; but he +was not understood to say that he approved of his appointment as an +agent, or considered himself as acting in that capacity. When Crandall +said the endorsements were written some time ago, witness called his +attention to the date of one which was not two years ago. Witness +received a written statement from Crandall at the examination. Does not +know what became of it. Thinks it was returned to Crandall. Crandall +did not say he knew the contents of the tracts when he received them, +but said he supposed they were of similar character to those which he +had subscribed for. Witness read a paper which contained Crandall's +statement on the subject, and recollects that it was written in the +jail. Has no recollection that it stated that Crandall was a member of +an Abolition or Emancipation Society. When witness called Crandall's +attention to the endorsements on the tracts, Crandall said they had been +on some time. Believes he said something about two years, and recollects +that he then remarked to Crandall that one of them had not been +published two years. + +_B. K. Morsell, Esq._, (called again) stated that Crandall, when asked +whether he was acquainted with the nature of the pamphlets sent to him +in New York, said he supposed that they contained his sentiments, and +were of the same character with those which he had taken some time +before. He used these very words, "I don't pretend to deny that I am an +anti-slavery man, and profess these sentiments." The pamphlets were then +before us, and the examination referred to them. He added, that when he +came on here, he found he was too far South to circulate the tracts, and +that all he had received were those before us, except about a dozen. He +did not deny that he came direct to this city from New York. He said +nothing which impressed witness with the belief that he stopped on the +road, if he said he stopped on the way, witness did not hear it. There +was considerable confusion in the jail during the examination. Crandall +might have said many things which witness did not hear. There were a +great many people in the jail. He recollected that Crandall said the +words "please read and circulate" were written two years before, and +that Mr. Coote pointed to a pamphlet, so endorsed, which had been +printed within two years; but he understood that Crandall's statement +was applied to all the pamphlets together. He understood that some of +the pamphlets were found at Crandall's office, and some at his lodgings, +and that they were found scattered about the office. + +Does not recollect that there was any testimony about unpacking a box. +There was nothing in the testimony which made any impression that there +was any distinction between the pamphlets. They were all brought +together. Recollects that Crandall handed him a written paper. Began +reading it, but could not get through with it; could not read it, and +handed it back to Crandall; supposed that it was written under some +agitation. + +_Jacob Oyster_ knew the prisoner in Georgetown, and prisoner hired a +shop of him. He was sick some time after he hired it, but had a large +box put into it. When he hired it he said he was going to lecture on +botany at different places. Witness was present when he opened the box, +and it contained books, surgical instruments, and pamphlets. He saw two +or three such pamphlets as were shown in court, which were thrown out +of the box. Mr. King came in and picked up a pamphlet and said he should +like to have the reading of one; and the prisoner said he might. When +King saw it, he said it would not answer, it was too far South. A day +or two after he asked King what he thought of it, and he said he didn't +like it, and asked witness if he had seen the endorsement, which he +showed, "read and circulate." Witness didn't see any writing on the +others. He had some conversation with Crandall when the news first came +of the attempt to murder Mrs. Thornton, and told prisoner nobody was +to blame but the New Yorkers and their _aid de camps_; and that the boy +said he had made use of their abolition pamphlets. Crandall replied, +that he didn't approve of putting them into circulation, for the +excitement was too high already. + +_Cross-examined._ He said he helped unpack the box--that he knew of no +other pamphlets; but Crandall had newspapers to put up his plants. +Witness was in the shop almost every day, and never saw more than two +or three people there; and never saw Crandall talking with any colored +people or slaves. He was in the habit of going out into the fields, +and brought back a great many plants. He thought the prisoner conducted +himself very well, and was a very steady man in every respect. The +papers in his office were of all sorts, and from different cities. + +_William Robinson_ saw the words "read and circulate," but had never +seen the defendant write. He had received similar publications but did +not know where they came from. One came through the post-office, but was +not postmarked where it was sent from; and had no postage on it. He +returned it to New York to the publisher. He heard Crandall admit the +handwriting to be his in the jail. + +_Charles Gordon_ was in the War Department, and the whole building was +flooded by them. He returned his to New York to the agent with remarks, +and had received none since. This was just before Crandall's arrest. + +_Coxe_ remarked he had done the same; and it was no evidence against +Crandall. + +_The Court_ was of opinion that the printing and publishing these +pamphlets in New York, is not evidence of their publication here, so as +to fix upon the defendant here such a knowledge of their publication as +to make his possession alone, even with the words "_read and circulate_" +written upon them, evidence of the publication of them by him here. + +That in order to show the evil intent with which the defendant published +the paper charged in this first count, it is not competent for the +United States to give in evidence to the jury other _unpublished_ papers +or pamphlets found in the defendant's possession, unless accompanied by +evidence of some acknowledgment or admission, by the defendant, that he +knew and approved their contents. + +That the evidence did not appear to the Court to justify the inference +that the defendant knew and approved the contents of those pamphlets, +unless it can be connected with evidence that they were of the same +nature with those which he had been a subscriber for. + +_Key_ then proposed, as he had shown that the traverser had by his +declaration approved of the publications, and had also implied approval +by writing on the words read and circulate, to put them in as evidence +of intent, in relation to the one published, and given to the witness +King. + +_The Court_ ruled that they could not be given in evidence, without +proof of publication. + +_Key_ then proposed to read the Emancipator, as a paper he had +subscribed for, instead of which these had been sent. + +This was objected to on the ground that there was no proof that he had +_subscribed_ for the Emancipator; and that if he had, it was at a period +previous to the time about which he was charged with any offence. The +Emancipator was sent gratis, and _taken_ by many persons who did not +approve of it. + +_Jeffers_ was called, and said Crandall said he had _taken_ the +Emancipator, or _subscribed_ for it, he didn't know which. + +_The Court_ decided that such Emancipators might be given in evidence +as were published before the declarations of the traverser. + +_Thruston, J._, dissented from this opinion on the ground that it was +not competent to put in one libel, for which the prisoner was not +indicted, to show the sentiments he entertained in regard to one for +which he was indicted. + +In the midst of considerable discussion as to the parts which were +proper to be read on the different sides, the most of the day, Tuesday +and Wednesday, was consumed in reading long articles from different +numbers of the Emancipators, to show that the Anti Slavery Society +intended to use every exertion to procure the immediate abolition of +slavery. In the course of this reading, _Key_ proposed to read an +advertisement of the different works published by the Anti Slavery +Society, which was objected to on the ground that it would admit all +the works named to be read, and as Crandall had not been proved to be +a member of that Society, he ought not to be made answerable for all +their doings, nor for all that the editor of the Emancipator might see +fit to publish. + +_The Court_ decided that the reading must be confined within some +reasonable limits. That the District Attorney might read such _editorial_ +articles, or parts of them, as he saw fit, and the counsel for the +defence might read any other parts, or the whole, if they chose. The +advertisement was of course rejected, but reading of other parts was +continued. + +_The District Attorney_ afterwards offered evidence, under the third +count of the indictment, to put in certain tracts with pictures upon +them, which was objected to upon two grounds. _First_, that the count +was insufficient, as it did not specify any libellous publication and +did not declare that the offence was against any person, or government, +or people, which was said to be an essential form of indictment; and, +_second_, because the whole of the tracts, papers, and pamphlets, were +illegally obtained from the prisoner. + +The defendant's counsel then read the warrant under which Crandall was +apprehended, which authorized the officers to take the person of the +prisoner, and to search his papers; and contended that such search +warrant was illegal--that a man's private papers were sacred from +search. + +The objection was resisted on the ground that the objection was made too +late. It should have been taken at the outset of the trial, or before +the magistrates--that the warrant (which was admitted to have been made +by the District Attorney) was proper, and conformable to the law which +admitted of search in the premises and in the persons of thieves and +counterfeiters for the tools and implements with which they were enabled +to commit their crime--and that it was competent to use the evidence +which had been obtained, although it was illegally gotten in the first +instance. + +_The Court_ was of opinion that the evidence was competent, on the +principle upon which evidence might be given of stolen goods found in +consequence of confession, though the confession might be forced from +the prisoner by threats or evil treatment. The confession might not be +evidence, but the fact of finding the stolen goods could be proved to +the jury. + +_The Court_ also overruled the objection to the form of the count, and +did not consider it so imperfect as to authorize them to reject evidence +offered under it. + +_Key_ then went on to prove that certain libels found in the possession +of the prisoner were circulated in the District. + +_Gen. Hunter_ identified one of the tracts as a copy of one sent to him +through the post office, marked one cent postage, both the tract and +envelope of which having been burnt. He thought it strange the postage +from New York should be only one cent. It was about the time the city +was inundated with abolition papers. + +_Coxe_ objected to the testimony, if the paper was destroyed. + +_Key_ was called as a witness by Bradley, and testified that the paper +handed the witness was one of them handed in at the jail as found upon +Crandall, and had not been out of his possession, since. + +_Bradley_ remarked that the paper was a July number, and had not been +published when Crandall came from New York. If, by the testimony showed, +they were all delivered in New York, this paper could not have been +found upon him. + +_James A. Kennedy_ was shown a paper, and said his initials were on it. +A considerable number of the same came on in a bag--about a bushel and a +half--from New York, some of which were delivered and some were returned +to the post office. The rest were not delivered at all. He did not +recollect any of the same kind sent before, though many had been sent +since, every month, as late as March last. They came in an envelope +addressed to single individuals. The postage for a sheet was two and a +half cents. These were marked half a sheet, and some were charged one +cent and a quarter; afterwards, they were found to be more than half a +sheet, and were charged two and a half cents, as for a whole one. There +was no postmark put upon them, as that is confined wholly to letters. + +_Benj. E. Giddings_ saw some of these papers at the time spoken of by +Mr. Kennedy; and never saw any before July last. They all came in a bag, +and he did not think any were dropped into the post office here. The +office here, as well as at Georgetown, had been watched to see if any +were put in by persons here. + +The two last witnesses were clerks in the post office. + +_Mr. Ball_ said the papers were given to him at the jail, after +Crandall's examination, and he kept them locked up till they were sent +for and delivered to Mr. Key at his office. + +It appeared that they were kept at the office some time, and were sealed +and labelled by Charles McNamee, though one or two persons were in the +office while he was doing it; and Mr. Key certified, that on the first +day of the trial, before they were sorted, many persons in court took +different numbers of them to look at, but he believed they were all +returned, and he took pains to request them who took them to hand them +back to him. To the best of his belief, the pamphlets now in court were +the same which were delivered at the jail, without addition or +diminution. + +_P. R. Fendall_ was connected with the office of the Colonization +Society. The Anti-Slavery Reporter was sent from New York in exchange +for the African Repository published by the Colonization Society; some +controversy had existed between the two Societies, and it was necessary +to read their attacks in order to be able to answer them. The papers +received were open for the use of members, and were sometimes loaned +to others to take away and read. + +_Key_ then offered four numbers of the second volume of the Anti-Slavery +Reporter to the jury. + +_Bradley_ claimed one as his, which never was in the possession of the +prisoner. + +_Key_ requested him to be sworn, and + +_Bradley_ testified, that he could identify the paper by several marks +which he pointed out. He received it in November last, in consequence of +a letter which he had written with a view to procure two or three, which +were sent on through the post office. He wrote for them in consequence +of conversation with Crandall; (but he was not allowed to state the +substance of what Crandall said.) How this paper came into Mr. Key's +possession he did not know, but this disappeared from his desk in court, +and two others had been taken from his office. + +Considerable argument ensued upon the point, whether it was competent to +give in evidence a printed copy of a _known published libel_, or whether +in order to be evidence against the person on whom it is found, it must +not be a written copy. On one side it was argued that every one might +innocently have a printed copy, but the having a written copy would show +some extraordinary interest in the libel; and the books all spoke of a +written copy only as evidence of publication. For the prosecution it was +urged that having a printed copy was stronger evidence than a written +one, especially when the party had a number of copies of the same libel, +endorsed in his own handwriting with words that showed an interest, and +an intent to circulate it. + +_The Court_ was of opinion that it was competent to give in evidence +such printed copies of the known published libel as were found upon the +prisoner with the endorsement "read and circulate." + +Two witnesses were called, _Colclazier_ and _Tippet_, to testify to +conversations held with Crandall in the jail, in which he spoke in favor +of immediate emancipation and against slavery. + +The case for the prosecution was here closed. + +_Mr. Bradley_ then stated the opening of the defence. After some general +remarks upon the course taken by the prosecution, and difficulty of +getting witnesses here to testify in behalf of the prisoner, from so +great a distance, as well as the impossibility of putting in depositions +in a criminal case, without the District Attorney's consent, which he +would not give, he went on to call the attention of the jury to the +details he meant to prove. He intended to show Crandall's whole course +of life, from his boyhood up; that he was regularly educated as a +surgeon and physician, and settled in Peekskill; and that no man ever +obtained a higher character for probity and skill; that he never was a +member of an abolition society, and there was none in the place where +he lived; that he had no idea of stopping here when he came on, but came +as the attendant of an invalid family with whom he had resided; that the +pamphlets were packed up, not by him, but by the lady of the house, as +waste paper, without his even dreaming of their contents; and that the +endorsements were put on some two years ago. He would show also that he +had subscribed for temperance papers; but that the abolition papers were +sent to him without his knowledge of their contents; that after he +arrived here, and found this the best field in the world for the study +of botany, he concluded to stop and give a course of lectures, instead +of going to the West, as had been his intention previously, according to +arrangements he had made. The bundle that was given him in New York was +sent without his knowledge of their contents. It remained tied up till a +day or two before his arrest, when it was untied by Mrs. Austin; and, as +had been proved by the officers who arrested him, up to that moment they +had never been opened or even separated. He said he would show the law, +and bring it to bear upon the points of the case; and he declared if he +believed Crandall guilty of distributing or intending to distribute +incendiary papers, he would abandon his cause, and no longer consider +himself his counsel. + +The following extracts of speeches made in the Capitol at Washington, +at the eleventh annual meeting of the Colonization Society, in which +slaveholders themselves made remarks which, it was urged by the +defendant's counsel, were quite as strong, and as much calculated to +excite sedition, as the words of the libel charged against the prisoner. +Mr. Key read the parts of his own speech not enclosed in brackets, to +show the difference of meaning in the whole papers, and the difference +of intent. The paragraph in brackets was read by Mr. Bradley. + +The following is from Mr. Harrison's speech: + +"But a dearer land to our hearts is too to be regenerated. A wretched +class, cursed with ineffectual freedom, is to be made free indeed, and +an outlet is to be opened to those who will voluntarily disencumber +themselves of the evil and the threatening ruin of another domestic +pestilence. Public opinion must be the only agent in this: the most +reluctant shall not be forced; the most timid shall not be alarmed by +any thing we are to do. Hitherto and henceforward our plan has been and +shall be without constraint on any one, and never shall we offer any +argument or invitation to humanity divorced from patriotism. To this +truly quiet, unofficious spirit, do I trust for bringing about the time +when we shall be one homogeneous nation of freemen; when those great +principles now true of us only in part, shall be true in the whole; +and when the clear light now in our upper sky only, shall brighten the +whole expanse of the American character." + +The speech of Mr. Key, the District Attorney, is as follows: + +"On behalf of the Board of Managers, who had this night seen and heard +all that was calculated to animate them to a faithful discharge of +their duties, he begged leave to present a resolution of thanks for +the zealous co-operation of the Auxiliary Societies throughout the +United States. In the increasing exertions of these valuable branches +of the parent Institution, the Society believed itself to possess +the most satisfactory pledge that its design had received the +approbation, and would ere long enjoy the support of the great body +of citizens throughout our country. Such an anticipation was not to +be thought delusive, because the opposition made to the Society at +its commencement still continued. On the contrary, this very opposition, +properly considered, affords the fullest proof of the wisdom of our +object, and the fairest presage of its success. + +"At its origin the Society found itself in a very extraordinary +situation. It had scarcely been formed when it was assailed by opponents +of the most contrary character, from the North and South. Men who held, +upon these subjects, the most opposite views, who agreed in no one +thing that related to our colored population, united in denouncing us. +This state of things, in some measure, still continues. But the Board +of Managers have long ceased to look upon it with alarm. They soon +perceived that a wisdom far higher than their own, was, in a way most +contrary to their expectations, gradually preparing the public mind for +a fair consideration and favorable reception of their measures. They +were compelled to see and to acknowledge that it was best it should be +so. Had the design of the Society been approved and supported in the +outset by either of these opposing parties, it must have encountered the +settled and irreconcileable opposition of the other; but as it is, the +Society, instead of being espoused by the North in opposition to the +South, or by the South in opposition to the North, has been silently +filling its ranks with converts from both. Its cause has been gradually +bringing over the moderate, the reasonable, the humane, the patriotic, +from all parties and from every portion of the Union to give their aid +and countenance to the support of a scheme which they once opposed only +because they misunderstood it. I have adverted to this extraordinary +opposition that the friends of the Society may not be dismayed by it; +and I take this occasion to address a few words to each of these classes +of opponents. + +["I would premise what I have to say to them by stating two very plain +propositions. The first is, that the subject of slavery, in some way or +other, will come into the thoughts, feelings, and plans of men situated +as we are. It is vain to say--let it alone. There may have been a time +when the excitement now felt on this subject might have been stifled. +When it was determined by our fathers to secure to themselves and their +posterity the rights of freemen and the blessings of independence, then +should they have been warned of the exciting consequences that would +result from the acquisition and enjoyment of such rights. Then should it +have been shewn how they would lead to conceptions and discussions +dangerous to the rights of property and the public peace. Then should +they have been called to choose between these conflicting interests, and +to count the cost of what they might lose by declaring to the world that +all men were free and equal, and appealing to heaven for its truth. But +there was, then, no man cold enough for such a calculation; no man who +could darken the brightness of that day by raising such a question. +It is too late now. In this age, in this country, the agitation of +this subject is unavoidable. Legislation never can restrain it. Public +sentiment never will. You may as well forge fetters for the winds, as +for the impulses of free and exulting hearts; if speech and action could +be repressed, there would be excitement in the very looks of freemen.] + +"The other proposition is this, that among the plans and descriptions +that relate to this delicate subject, it must happen that some will be +rash and dangerous. + +"It is not to be expected, that men, not well informed of facts as they +exist, and misled by the ardor of an inconsiderate zeal, will not devise +projects and hold them out to others, which may be attended with the +most disastrous consequences. This is the nature of things. It must ever +be so upon every subject, which like this contains within itself the +elements of great excitement; more especially when that excitement is +connected with some of the best principles and feelings of the heart. + +"Now, sir, put these two propositions together; that silence and +inaction are unattainable, and dangerous and improper projects almost +unavoidable, and what are we to do? Something we must do. However +desirous we might be to do nothing, it is impossible, because others +will not consent to do nothing; and if we relinquish the task of action, +it will infallibly fall into hands most unfit to receive it. Nothing +remains, then, but to devise something safe and practicable and place +it in prudent hands. + +"And now, sir, I would respectfully ask our opponents, of both +descriptions, to consider whether this has not been done by the +establishment of this Society. I would ask the abolitionist to suspend +his own labors, and consider the object and the consequences of ours. I +would ask him if it is not better to unite with us in what is safe and +practicable, and may be managed with the consent of those, whose consent +is not to be dispensed with, than to attempt to force his own views upon +men, by means which they denounce as dangerous. + +"Sir, this is the appeal which has been made by the Society, and which +it yet makes to one class of its opponents. Nor is it altogether +unsuccessful. Many active and benevolent men are now with us, who, but +for this Society, would have been working on their own more questionable +projects, and vainly attempting what, perhaps, can scarcely be pursued, +with safety to the peace and happiness of the country. + +"And may we not appeal also to our brethren of the South--and ask their +fair consideration of the two propositions I have suggested? If feeling, +discussion, and action, in reference to a subject upon which they are +so sensitive, cannot be extinguished, is it not wise to endeavor to +moderate and restrain them? May they not, if they cannot give their +approbation to our Society, as good in itself, at least bring themselves +to tolerate it as the preventive of greater evils? May it not be wise +for those who must know that there are schemes more alarming to their +interests than colonization, to suffer us to enlarge our sphere of +action, and bring those who would otherwise be engaged in dangerous and +injudicious projects, to unite in our safer labors? May we not claim at +least this merit for our labors:--that they are safe? May we not appeal +to the experience of eleven years, to show that the work in which we +are engaged can be conducted without excitement or alarm? And who are +we, we may be permitted to ask, to whose hands this charge has been +committed? We have the same interests in this subject with our Southern +brethren--the same opportunity of understanding it, and of knowing with +what care and prudence it should be approached. What greater pledge +can we give for the moderation and safety of our measures than our own +interests as slaveholders, and the ties that bind us to the slaveholding +communities to which we belong? + +"I hope I may be excused if I add that the subject which engages us, is +one in which it is our right to act--as much our right to act, as it is +the right of those who differ with us not to act. If we believe in the +existence of a great moral and political evil amongst us, and that duty, +honor and interest call upon us to prepare the way for its removal, we +must act. All that can be asked of us is, that we act discreetly--with +a just regard to the rights and feelings of others;--that we make due +allowances for those who differ with us; receive their opposition with +patience, and overcome it by the fruits that a favoring Providence, to +which we look, may enable us to present from our labors." + +The next passages were from a speech of Mr. Custis, as follows: + +"Sir, the prosperity and aggrandizement of a State is to be seen in its +increase of inhabitants, and consequent progress in industry and wealth. +Of the vast tide of emigration, which now rushes like a cataract to the +West, not even a trickling rill wends its feeble course to the Ancient +Dominion.--Of the multitude of foreigners who daily seek an asylum and +a home, in the empire of Liberty, how many turn their steps toward the +regions of the slave? None. No not one. There is a malaria in the +atmosphere of those regions, which the new comer shuns, as being +deleterious to his views and habits. See the wide-spreading ruin which +the avarice of our ancestral government has produced in the South, as +witnessed in a sparse population of freemen, deserted habitations, +fields without culture, and, strange to tell, even the wolf, which, +driven back long since by the approach of man, now returns, after the +lapse of an hundred years, to howl o'er the desolations of slavery. + +"Where, I ask, is the good ship Virginia, in the array of the national +fleet? Drifting down the line, sir,--third, soon to be fourth. Where +next?--following in the wake of those she formerly led in the van: her +flag still flying at the main, the flag of her ancient glory; but +her timbers are decaying, her rigging wants setting up anew, and her +helmsman is old and weatherbeaten. But let her undergo an overhaul, let +the parts decayed by slavery be removed, and good sound materials put in +their stead, then manned by a gallant crew, my life on it, the old thing +will once more brace upon a wind, aye, and show her stern to those who +have almost run her hull under. + +"Let me say, sir, in this legislative hall, where words of eloquence +have so often "charmed the listening ear," that the glorious time is +coming when the wretched children of Africa shall establish on her +shores a nation of Christians and freemen. It has been said that this +Society was an invasion of the rights of the slaveholders. Sir, if +it is an invasion, it comes not from without. It is an irruption of +liberality, and threatens only that freemen will overrun our Southern +country--that the soil will be fertilized by the sweat of freemen alone, +and that what are now deserts will flourish and blossom under the +influence of enterprise and industry. Such will be the happy results +of this Society. + +"Let the philanthropist look at the facts. Nearly two millions of this +unhappy people tread our soil. In the Southern climate their increase is +more rapid than that of the whites. What is the natural result, if some +means are not applied to prevent it? What is now, compared to our own +population, but as a mole hill, will become a mountain, threatening with +its volcanic dangers all within its reach. What is the next consequence? +Why, as in the slave colonies of other countries, you must have an army +of troops to keep in awe this dangerous population. What a sight would +this be in a land of liberty! The same breeze that fanned our harvests, +that played among the leaves of the cane and the corn, would also rustle +banners of war! By the side of implements of agriculture, employed in +the works of peace, will appear the gleam of arms. Shall it be said that +we are not liable to the same vicissitudes that have overtaken other +nations? No, sir; we are operated upon by the same circumstances to +which other nations have been subjected.--The same causes will produce +the same effects, as long as the nature of man is unchanged, in every +clime. + +"I trust, sir, that the march of mind is now upon its glorious way. I +trust that the minds of all have been sufficiently opened to the true +interest and glory of the country, to agree with me, that this is no +fitting place for the slave. That this country must, at some future +time, be consecrated to freemen alone. There are many individuals in the +Southern country, of which I am a native, who predict that the plan must +fail. They say we shall go on and partially succeed, that a portion of +the black population will go out to the colony, and after residing there +a short time, become discontented, when the plan must be given up--and +that the evil which we have endeavored to remove will be only the worse +for our exertion to obviate it. But this, sir, will not hold true. It +was, as it were, but a few day since, a small number of individuals were +thrown upon the shores of Africa. And what is the result? Here let it be +said--in the palace of legislation--that this people, but just now a +handful, are rising to consequence, and to a capability of the enjoyment +of political and civil rights;--and let us say to those who doubt--this +is the evidence in favor of our plan! Ought not this to join all hearts, +and call forth renewed exertions from those whose labors have thus far +been crowned with unexpected success? + +"May not this be looked upon as a glorious work, the success of which +has been demonstrated! And when the time shall come,--and I trust in +God it will come--when this free and enlightened nation, dwelling in +peace and happiness under the mild influences of its government and +laws, shall have fixed deep the foundations of civilization in that +distant land, hitherto only known for its wide-spread deserts and its +savage race. Oh! sir, what will be the gratitude of that people, who, +transferred from the abode of their bondage, shall enjoy the rights +of freemen in their native clime!--And, oh sir, when we look to +ourselves--when we see the fertilization of those barren wastes which +always mark the land of slaves--when we see a dense population of +freemen--when lovely cottages and improved farms arise upon the now +deserted and sterile soil--and where now deep silence reigns, we hear +the chimes of religion from the village spire;--will you not--will +not every friend of his country, thank this Society for its patriotic +labors! Yes! Kings might be proud of the effects which this Society will +have produced. Far more glorious than all their conquests would ours be: +for it would be the triumph of freedom over slavery--of liberality over +prejudice--and of humanity over the vice and wretchedness which ever +wait on ignorance and servitude!" + +_B. Hallowell_, having affirmed, stated that he knew Crandall, and +that he came here in May last, with introductions from very respectable +sources. Dr. Crandall had also been here about a year before, at +which time he (Mr. H.) wished to engage a person at his seminary in +Alexandria, as a lecturer on botany. He offered him $100 a year, and +encouraged him to believe that he would considerably add to that income +by making up different classes during the year. Dr. Crandall said, at +the time, that he would take it into consideration, and if he should +determine upon it, would move down. The Doctor did not return in time to +fulfil that engagement. But he brought with him letters showing that he +was a christian, a man of science, and a gentleman. He understood it to +be Dr. Crandall's object to have a class not merely for one session, but +for every summer, while he remained here. It was about the last of May +or first of June when Dr. Crandall returned. + +_General Fowler_, of Georgetown, stated that he knew Dr. Crandall, +and that he was introduced to him, soon after he came, by a person +interested in botany, as a man well acquainted with that science. +Witness was fond of hunting after wild flowers, and proposed to take +excursions with Dr. Crandall. They went out botanizing, six, eight, +or ten times together. Their conversation was confined to that +subject, and witness had no reason to suppose that Dr. Crandall had +any incendiary pamphlets, or was at all engaged in the circulation +of them. His conduct, so far as he had seen him, was that of a +gentleman. He never knew him to converse with any negro. He never +had any pamphlets with him, to his knowledge. Dr. Crandall's +knowledge of the science was far beyond that which witness professed +to have. + +_Ward B. Howard_ stated that he had known Crandall some years: at least +for seven or eight years. Witness was then resident at Peekskill. His +reputation was good, and he never heard that he was an abolitionist. +Witness himself had no fancy for abolitionists. There was no society +of them at Peekskill. Crandall resided in Peekskill seven or eight +years, and had, as he understood, attended the medical lectures at +Philadelphia, and received a diploma there. He had brought letters of +introduction to witness when he came to Peekskill, with the view to +settlement there. Dr. Crandall was actively engaged as an agent for the +temperance society. Witness would not now know the handwriting of the +traverser. He might know the signature, but not the general handwriting. + +_Jackson O'Brown_ was living at Peekskill when Dr. Crandall first came +there. He boarded with him nearly two years, and had an opportunity of +seeing much of his character; a great part of the time he roomed with +him. The witness never heard that he was engaged in the abolition +societies, though he knew he was an active member of the temperance +society. + +_Henry Gaither_ said he was in Linthicum's shop at the time when +Dr. Crandall was arrested. That an hour before he had heard that the +officers were in pursuit of him. He saw the officers, Robertson and +Jeffers, enter the office; and noticed a crowd gathering around it. +He asked Jeffers, as soon as he came out, what he had discovered, and +Jeffers, in reply, said he had found more than he expected, and had +taken 150 or 160 pamphlets. There was much excitement then in the +vicinity. Witness was then himself excited. When Crandall came out, +witness was apprehensive that he would be wrested from the officers +by the people. Oyster came in, and witness asked him if he had seen +any pamphlets. He said yes, but not more than two or three. Witness +remarked, that Jeffers said he had seen and taken 150 or 160. Oyster +replied, Jeffers is a liar. Some conversation followed, in which it +was suggested that attempts might be made to prejudice the public mind +against Crandall. Witness had since met Jeffers, on the Avenue, and +spoken with him on the subject. Witness remarked to Jeffers, the poor +fellow has suffered enough by so long a confinement, and Jeffers +assented to the remark, and added that he believed Crandall to be +innocent. + +_Jared Stone_ was acquainted with Crandall, who lived three years in +witness's family, and eat at his table, in Peekskill. Crandall was a +physician who obtained a good reputation in that part of the country, +and it continued unblemished. He never was known to have any abolition +papers, or to say any thing in its favor, but was, if any thing, +opposed to it. + +_Mr. Wilson_ was present at the time spoken of by Mr. Gaither, and said +one of the officers came out and said he had discovered more than he +expected, and remarked, my hopes are more than realized. He could not +recollect exactly the number of papers the officer said he had found, +but thought it was one hundred or a hundred and twenty. Some one in the +crowd said "we ought to take the damned rascal and hang him up on one +of the trees opposite." The witness then went away. + +_Mr. Judson_, Representative in Congress from Connecticut, had known +Crandall from his boyhood. Crandall studied with witness's family +physician, and acquired a good reputation; nobody stood better in the +neighborhood. After he had finished his education he removed to +Peekskill, since which witness had been in the habit of seeing him +frequently; and he had always known him as a peaceable citizen. The +precise year when Crandall was admitted he could not recollect, but it +was about 1827 or 1828. Witness had not seen him for two years till he +saw him here in prison, and had never heard aught against him till now. +Mr. Judson also testified, that the prisoner was a brother of Prudence +Crandall, and that at the time of the difficulty with her and her school +for blacks in Connecticut, he met Crandall on board the boat on his way +home from New York; that he talked with him about that school, and the +prisoner said he was going to break it up; that he did not know as he +should be able to do it, for his sister Prudence was obstinate, but his +other sister, who was with her, he knew he could get away. Crandall then +continued home with the witness, and exerted himself with as much zeal +as any one could to break up the school. + +_Dr. Sewall_ testified that the traverser came to him some time in the +spring to get a license to practice in the District, and showed him two +letters of high recommendation. He had some conversation with Crandall +upon subjects of science and upon his knowledge of medicine and surgery, +and formed a high opinion of his talents and acquirements. He advised +the defendant by no means to abandon the practice of his profession +for entering upon botany or chemistry, but if he could do that without +interfering with practice, it might do; he thought him too well +qualified in the profession to give it up. Crandall also showed the +witness a diploma, which was regularly signed, and he gave a verbal +license to practice, and said at the meeting of the Board he would have +a regular license made out. He had no reason to believe, from his +conversation with the prisoner, that he had any object in view except +the pursuit of his profession. All the stories that he had talked upon +the subject of abolition with witness, and given him Anti-Slavery +papers, were mere idle talk. + +_Mr. Howard_ said he was sheriff of Winchester county, where Crandall +lived, and identified the handwriting of signatures to a letter of +recommendation which Crandall brought with him, and which was allowed in +evidence. All the signers were respectable men. Witness thinks he should +have known if any Anti-Slavery Society existed there--but he knew of +none. He also remembered that Crandall delivered lectures on chemistry +there, and he attended them. + +_Mr. Ward_, Representative from the district where Crandall resided, +knew that he had lived there seven or eight years, and that he had a +high reputation as a respectable man, and a good physician. + +_Mr. Austin_ was now a resident in Georgetown, but formerly lived in +Peekskill, where he knew the prisoner, who lived in his family three +years. He came then in consequence of having raised up Mrs. Austin +from a dangerous sickness. Witness was a lawyer, and knew Crandall's +reputation to be high as a physician and surgeon, far and near. Witness +was President of a Temperance Society, and Crandall was Secretary; he +did not know of any Anti-Slavery Society, and did not know or believe +that the prisoner belonged to any, or had any thing to do with them. +Crandall came on at his request to accompany Mrs. A., who, with her two +children, were always severely sick in travelling; and returned home +soon after, when he came back again to stop here to teach botany. He +came to witness's house on his return, and was taken sick soon after and +confined to his room. Witness was not a subscriber for the Emancipator, +though he understood one of the numbers in court was addressed to him. +He never saw any abolition papers in Crandall's possession. If he had, +they would have attracted his attention. Witness did not know how the +large box of books and papers came on, but supposed they came by water +when Crandall came the second time. He could not say distinctly, but he +thought a Mr. Dennison, an abolition agent, once left some abolition +pamphlets at his house for himself, and some for Crandall. He could not +identify them in court as the same, and he could not swear whether the +endorsement on them was in Crandall's handwriting or not. + +_Mrs. Austin_ said she had known the prisoner as long as Mr. Austin, +and that his conduct in her family was irreproachable. She remembered +Mr. Dennison's having left pamphlets for Crandall and her husband, but +could not say those in court were the same, but they were similar. +Crandall came at her husband's request, to accompany the family, because +they were sick in travelling. He did not wish to come further than New +York, and would not consent to come further than Philadelphia; but as +Mr. Austin did not meet them there, he kindly came on to Washington. She +was cleaning up the house, preparatory to leaving it, and gave Crandall +the large box; and asked his permission to put into it his books and +papers. These pamphlets were lying as waste paper in the garret, and she +threw them with others into the box. Saw that some of them had writing +on, but didn't know of any with writing on in the trunk. The box was sent +round by water, but he brought the trunk when he came on the second time. +He did not carry it to the house when he arrived at night, but it was +sent over in the morning. Crandall was immediately taken sick, and +witness frequently went to the trunk for various purposes, and saw a +package nicely done up, which she supposed to be books. The package +remained just as it was tied up at the bookstore, till six or eight days +before the prisoner's arrest, when she had curiosity to know what it +contained, and he consented that she might open it. + +Some conversation was held between witness and prisoner, before and +after opening, which the court refused to admit in evidence. + +Mrs. Austin went on and testified, that she did not tie up the package +again, but left it, and she saw it repeatedly in the same state up to +the time of prisoner's arrest. She also saw several Emancipators in the +house, and one or two tracts sent by mail, which she used or destroyed +as waste paper. + +_Bradley_ here offered to put in two letters and a deposition from the +man who gave Crandall the package in New York. + +_Key_ objected that it was not legal evidence. + +_Bradley_ knew it was not, but the witnesses were beyond the reach +of the court--they could not be forced to come and testify; and had +distinctly declared that they were afraid to come into the District. +He had last term requested the District Attorney to join him in taking +their depositions, in consequence of the circumstances, but having been +refused, he had gone on and taken them exparte, and he hoped they would +be allowed to go to the jury. + +_Key_ was willing to admit any thing reasonable, but this testimony was +clearly inadmissible. + +_The Court_ said, by the rules of evidence, it could not be given but +by consent. + +_Mr. Carlisle_ opened the summing up for the prosecution, and remarked +that his was observed by the opposite counsel to be the only case of +seditious libel ever brought before this court, and I will add, +gentlemen, that the decision of it may determine whether or not it may +be the last;--whether or not this traverser may return to his fellow +laborers in iniquity, and inform them that _here_ he has found the gates +wide open, and the way all clear for the propagation of their libels and +their plans. It has been truly said that this topic is one of excitement +all over the country. Under these circumstances this traverser may +congratulate himself upon the opportunity of a fair and full trial, and +that he has not been the victim of summary justice. But, gentlemen, let +justice lose nothing of its proper efficiency by being administered with +coolness and deliberation. The opposite counsel say that the charge +is grave. Aye, gentlemen, it is so, but the proof is full. The offence +charged is one of a fatal, devastating, and, beyond all power of +palliation, most horrid character. These libels are not like common +libels, which tend to bring individuals into discredit and disrepute. +It is an offence of which the like is not contained in the annals of +criminal jurisprudence, peculiar to the state of our society, and in +enormity equal to all other crimes combined. An opulent and extensive +society send out their emissaries and commission and enjoin them to +scatter these infamous productions in the highways and by-ways; to +proclaim them from the house tops, and whisper them in the chimney +corners; to teach to all, high and low, that slaveholding is +man-stealing; and yet they mean no such thing as breaking the peace, +and abhor all violence and tumult. Does the preaching such language +to slaves tend to pacification? + +Mr. Carlisle was here commenting upon the nature of the agents employed +for these unlawful purposes, to show that educated men, such as +Dr. Crandall, were the kind naturally to be selected, and was further +proceeding to examine the evidence as applicable to the laws, and, in +his opinion, conclusively establishing the guilt of the traverser, when +extreme physical debility and indisposition prevented him from +proceeding. + +_Mr. Bradley_ then commenced summing up for the defence. He said the +nature of the charge was such that it was almost impossible to set aside +the prejudices which had been cherished from youth up, and which were +so natural to men of this section of the country; but he felt confident +the jury would give him a patient hearing, and judge correctly after a +careful consideration of the case. He then gave a statement of the +points of the evidence, upon which there was no dispute; such as--That +the prisoner allowed one pamphlet to be taken by Mr. King; that he was +found here with a number of other papers; that some came round in a box +by water; and that others were given him in New York, and brought on in +his trunk. He wished to draw a distinction between the kinds of papers. +It was proved that a bundle of papers were found, and they were here in +court; but the contents were unknown; whether good or bad the jury had +no right to infer. A large number of papers were found, some of which +were brought away and the others were left. That was all the jury had +to consider, except in regard to three numbers of the Anti-Slavery +Reporter, five numbers of the Emancipator, and the late pictures which +were cut from a work, and represented in contrast two modes of +education--one where children were whipped, and the other where they +were taught more mildly by means of books. + +He would not stop now to consider the declarations said to have been +made before the magistrate. Nothing could be more unsatisfactory and +uncertain evidence than these examinations. The very fact that a man is +accused throws him off his guard, and he may say what he does not +intend, or which, if he did, in the midst of excitement the witnesses +might not properly understand or correctly remember. It was said there +were contradictions in his statements, but that supposition arose +entirely from a mistake of one of the justices. The other understood it +differently and saw no mistake at all. It respected the manner in which +he brought on the books--one understood him to say that they were all +given to him in New York, and that he brought them here, and they were +all in the jail but about a dozen; and then, at another time, he said +that he had some of them a long time. The other justice understood him +to say that all that he brought into the District were there, and that +they were all he brought from New York, except about a dozen, which he +supposed he had left by the way. Neither of these suppositions were +right. When he said they were all of them, he meant to say all he +brought from New York; that he had distributed none, for even the one +he loaned to Mr. King was taken by the prisoner from Linthicum's shop, +and was then in Mr. Key's possession, though they supposed it was lost; +and when he referred to about a dozen, he meant that he brought them all +with him except about a dozen, which came in a box by water. It had been +said that he admitted he had circulated a dozen; and yet the United +States' witnesses prove that he denied having circulated any, and from +the first disapproved of putting them in circulation. When the learned +counsel asked why the persons were not brought, to whom he had given the +dozen, to show that they were respectable men, he should have remembered +that the testimony was all against such an idea; and that, if he had +distributed any, the zeal and perseverance of the District Attorney and +the officers would have discovered evidence of it. + +It was also asked why the person who gave the bundle to him in New York +was not brought to testify in his favor? as if the criminal wretch who +had palmed off these incendiary papers upon an innocent man, without +his knowledge, could be brought here to testify, when he was beyond +the jurisdiction of the court, and had declared that he was afraid to +come. He had requested the Attorney to have a deposition taken, but he +refused; and when he was spoken to, he threatened a prosecution, and +said he should like to see him; he wished he could get him. The Attorney +now says he would be safe; perhaps so from him; but there are here, as +elsewhere, hundreds of base cowardly scoundrels, who are willing in mobs +to hunt down any one against whom they conceive a prejudice; men who +dare not face a man alone, but who, backed by a mob, are willing to +assail an individual without knowing any thing of his guilt or +innocence. + +Mr. B. then commented upon the character of the libel charged, and read +the first count. The first paragraph, he argued, contained no incendiary +language, unless it was to call slavery a crying abomination. He had not +known before that those words were calculated to stir up insurrection. +People were in the habit of hearing them daily from the pulpit, and he +never knew that they became seditious on account of it. The whole of +the matter was a controversy between the Anti-Slavery Society and the +Colonization Society, in relation to the expediency of their different +measures; and if any body could make any thing libellous, he must have +intellectual spectacles stronger than those with which Newton looked at +the stars. In the next paragraph slavery is called "unrighteous," which +was the great offence charged there. If this was a libel, he should show +that Arthur Tappan & Co. were not singular in the guilt of libelling; +for that fathers of the church in a slave state had called slavery +unrighteous too, and that some of the most eminent of our patriotic +Southern politicians had used far stronger and more exciting language. + +This was all a controversy whether it was proper that provision should +be made that no slave should be emancipated unless provision was made +for sending him out of the country; and the writer contends that to make +sending a man out of this country, where he was born, a condition of +releasing him from bondage, in which he was forcibly held was a moral +absurdity; and to say so might be libellous, but he could not understand +how it should be so. Some of the jury would recollect when a discussion +of this topic took place in the Legislature of Maryland upon a proposed +law to the same effect, and they would remember that similar arguments +were used there. + +The next passage was an extract showing the treatment of slaves in +another country, different from ours, where they have no law to protect +the persons of slaves; and could not apply to the condition of any +portion of our people. It could not be libellous to have the book giving +the original journal of the traveller, and, if it were not, he did not +see how any evil or excitement could be produced by this extract. + +He came next to the passage in the second count, which was an extract +of a speech, in which the orator tried to say something grand; but it +amounted to no more than had been said by slaveholders themselves; and +though the Attorney said it with an amusing emphasis, yet he would show +stronger language, to the same purport, in the writings of Mr. Jefferson +and of Mr. Archer, of Virginia, which had been approved by all who heard +or read them. + +The whole argument used in the Anti-Slavery Reporter, he contended, was +mild and temperate, more so than could be expected, when the different +habits and modes of thought of the people from whence they came were +considered--a people who, from infancy upward, had heard nothing but the +accents of freedom, and had never lived in a country where they could +actually know the practical effects of our system of slavery. The +example was set them by the ablest writers here, and if we publish and +send to them similar writings, is it to be considered wonderful that, in +their discussions, they should adopt it. Their argument is, that slavery +may increase to be an evil which, by and by, cannot be remedied without +violence and bloodshed; and it is addressed to men who have the power +and the influence to apply a remedy now. The same arguments were +published here by the Colonization Society, which does honor to human +nature, and were founded on extreme necessity. + +He read numerous extracts of books to show that similar expressions to +those in the libels charged, were not considered blameable if uttered +or published at the South; and denied the right of the District Attorney +to take particular words, here and there, and hold them up to fix the +character of the paper, without regard to the connexion in which they +were used; and he said that if Crandall was indictable for the language +and meaning of the Anti-Slavery Reporter, then every member of the +Colonization Society were liable to indictment. + +[It may be proper to introduce one or two extracts, that the reader may +know the character of the papers read. The following are taken from an +address to the Colonization Society of Kentucky, by _R. J. +Breckenridge_.] + +"There are some crimes so revolting in their nature, that the just +observance of the decencies of speech deprives us of the only epithets +which are capable of depicting their enormity. Every well regulated +heart is smitten with horror at the bare idea of their perpetration; +and we are uncertain whether most to loathe at the claim of those who +habitually commit them to companionship with human nature, or to marvel +that the unutterable wrath of heaven doth not scathe and blast them in +the midst of their enormities. Let the father look upon the dawning +intelligence of the boy that prattles around his knee, the pride of his +fond heart, and the hope and stay of his honest name; and then, if he +can, let him picture him in distant bondage, the fountain of his +affections dried up, the light of knowledge extinguished in his mind, +his manly and upright spirit broken by oppression, and his free person +and just proportions marred and lacerated by the incessant scourge. Let +the husband look upon the object in whose sacred care he has "garnered +up his heart," and on the little innocent who draws the fountain of its +life from her pure breast, recalling, as he gazes on one and the other, +the freshness and the strength of his early and his ardent love; and +then if he be able, let him picture those objects, in comparison with +which all that earth has to give is valueless in his eyes, torn from him +by violence, basely exchanged for gold, like beasts at the shambles, +bent down under unpitied sorrows, their persons polluted, and their pure +hearts corrupted--hopeless and unpitied slaves, to the rude caprice and +brutal passions of those we blush to call men. Let him turn from these +spectacles, and look abroad on the heritage where his lot has been cast, +glad and smiling under the profuse blessings which heaven has poured +on it, let him look back on the even current of a life overflowing with +countless enjoyments, and before him on a career full of anticipated +triumphs, and lighted by the effulgence of noble and virtuous deeds, +the very close of which looks placid, under the weight of years made +venerable by generous and useful actions, and covered by the gratitude +and applause of admiring friends; let the man-stealer come upon him, and +behold the wreck of desolation! Shame, disgrace, infamy, the blighting +of all hopes, the withering of all joys; long unnoticed wo, untended +poverty, a dishonored name, an unwept death, a forgotten grave; all, and +more than all, are in these words, _he is a slave_! He who can preserve +the even current of his thoughts in the midst of such reflections, may +have some faint conception of the miseries which the slave trade has +inflicted on mankind. I am unable to state with accuracy the number of +the victims of this horrible traffic; but if the least dependance can +be placed on the statements of those persons who have given the most +attention to the subject, with the best means of information, it +unquestionably exceeds ten millions of human beings exported by violence +and fraud from Africa. This appalling mass of crime and suffering has +every atom of it been heaped up before the presence of enlightened men, +and in the face of a Holy God, by nations boasting of their +civilization, and pretending to respect the dictates of christianity. +The mind is overwhelmed at the magnitude of such atrocity, and the heart +sickens at the contemplation of such an amount of human anguish and +despair." + +"The legislative acts which, with a cool atrocity, to be equalled only +by the preposterous folly of the claim they set up over the persons of +God's creatures, doom to slavery the free African the moment his eyes +are opened on the light of heaven, for no other offence than being the +child of parents thus doomed before him, can, in the judgment of truth +and the estimation of a just posterity, be held inferior in heinousness +only to the first act of piracy which made them slaves. It is in vain +that we cover up and avoid such reflections. They cling to us, and earth +cries shame upon us that their voice has been so long unheeded. The free +Lybian, in his scorching deserts, was as much a slave when he rushed, +in the wild chase, upon the king of beasts, as is his unhappy offspring +before our laws cleave to him. God creates no slaves. The laws of man do +oftentimes pervert the best gifts of nature, and wage an impious warfare +against her decrees. But you can discover what is of the earth and what +is from above. You may take man at his birth, and by an adequate system +make him a slave, a brute, a demon. This is man's work. The light of +reason, history and philosophy, the voice of nature and religion, the +Spirit of God himself, proclaims that the being he created in his own +image he must have been created free." + +"It can be no less incorrect to apply any arguments drawn from the right +of conquest, or the lapse of time, as against the offspring of persons +held to involuntary servitude. For neither force nor time has any +meaning when applied to a nonentity. He cannot be said to be conquered, +who never had the opportunity or means of resistance; nor can time +run against one unborn. Those who lean to a contrary doctrine should +well consider to what it leads them. For no rule of reason is better +received, or clearer, than that force may be always resisted by force; +and whatever is thus established, may, at time, be lawfully overthrown. +Or, on the other hand, if error is made sacred by its antiquity, there +is no absurdity or crime which may not be dug up from its dishonored +tomb, and erected into an idol around which its scattered votaries may +reassemble." + +Mr. Bradley then went on to argue upon the tendency of the libels, and +contended that they were not calculated to excite sedition. They are +not addressed to the colored people, nor adapted to excite insurrection +and revolution among them. They are calm appeals to reason, designed +to produce measures to arrest a danger which they think threatens them, +in common with their brethren of the South. + +He next adverted to the law of publication. There were two grounds of +publication--one is legally to be inferred--the other actually proved. +The monstrous doctrine is contended for by the prosecutor, that if a +man has a libel in his possession, if it was publicly circulated in the +country, the possession is _prima facia_ evidence that he put it in +circulation. To show the absurdity of such a position he took a case +of a favorite popular libel, which would be all sold in a day, and said +that it would be impossible to find an impartial jury to try a case +under such a law--because it would not be easy to find twelve men drawn +as jurors who would not have been possessors in some way of the libel, +and of course equally criminal. + +Having a written copy of a published libel in one's own handwriting may +be _prima facia_ evidence; but it is not so with a printed copy. The +publication must be brought home to the defendant. An actual publication +is when the party puts the libel in circulation--when he gives it to a +third party, either by himself or an agent, for the purpose of having it +put in circulation. + +The evidence in this case, he contended, afforded not only no proof, +but no presumption that he published the libel. The one copy he allowed +King to take was not given to be circulated. He had been warned of the +danger, and had avowed his opposition to having such papers put in +circulation. There could be no pretence that it was given to stir up +mischief; and if any one was responsible for any evil effects, supposing +any to accrue, it was Mr. King who had shown it, and left it exposed +openly in a shop. But he argued that the loan of the paper to King was +simple possession--he had afterwards taken it back from the shop, and no +evil had been done or intended. + +The intent, he said, must be gathered from the circumstance of the +publication, and not alone from the libel charged; and he then commented +upon the manner in which this paper was taken by Mr. King, and upon his +character as a substantial, respectable man, who had just given the +prisoner a warning, to show that no presumption could arise of an intent +as charged in the indictment. The words "read and circulate," upon which +so much stress had been laid, showed no evidence of an intent to publish +the pamphlets here, for they were put on two years before in Peekskill; +and even the having them brought here was no act of the prisoner's, nor +does it appear that he knew they were in the box. + +He went at length into an examination of the evidence tending to show +Crandall's good character, and the accidents which brought him here and +induced him to make it his permanent residence. The trouble and +excitement, he said, had not been owing to the prisoner or to any act of +his, but was entirely owing to the misapplied zeal of the officers, and +to their indiscretion and stupidity. He said he had gone over all the +evidence of publication, and it was certain that no other publication +had been made by him, for the District Attorney would have brought proof +of it; if one had been dropped ten fathoms deep, into the vilest well, +some one would have been found to fish it up. + +He traced the course of the prisoner from his boyhood to college, and to +the study of his profession--from that to his settlement at Peekskill; +and urged upon the jury the consideration of his uniformly sustained +character, and of his blameless life. He followed him with Mr. Austin's +family to this city, and afterwards shewed his course to New York, when +the important bundle of abolition tracts was palmed upon him; and then +followed him here with those papers, which he did not even open, and +of which he could not have known the contents, till he was informed by +Mrs. Austin. He had shewn that no Anti-Slavery Society existed where he +came from, and that he had never been a member of any such society. He +had also shewn his acts, in connection with his good character and +principles, when he went to Connecticut to suppress the school founded +by Arthur Tappan & Co., which he thought an improper and dangerous +institution; and though he has always avowed himself to be opposed to +slavery, yet he has always been as firmly opposed to excitement. He had +traced him here, and shewn his declarations and principles here, and the +business in which he was engaged. + +He said he had been satisfied, early in the trial, that there was no +ground for the prosecution--that the counsel for the United States had +not made out a case which would satisfy themselves or you; but it was +necessary to go on with the trial, for the satisfaction of others. The +public were anxious to have the whole truth before them; and he was +happy to believe that the jury would come to the conclusion that the +Government had wholly failed, upon their own evidence, to make out a +case which would justify a conviction of the prisoner. + +_Mr. Coxe_ addressed the jury. He was not aware, he said, that during +his whole career as a professional man, he had ever entered upon the +discharge of his professional duties with feelings of more anxiety than +in the present case. The interest which he felt in the result was not +limited to the consequences which might befall the traverser--an +individual to whom he was an entire stranger; but principles had been +advanced, and a course of proceeding adopted in this case, which +involved results of the most general and momentous character; results +which may to-morrow, and through all time, be brought to bear upon each +one of us and upon our posterity. + +The cause now on trial was the first of the same description which, to +his knowledge, had ever been brought up for judicial decision. It was an +indictment for a seditious libel at common law. Mr. Coxe here adverted +to a portion of our history, during the administration of the elder +Adams, when we were threatened with a foreign war and internal +commotion, and when it was believed that a resort to unusual means of +protection from impending peril was necessary. At that crisis was passed +the act of July 14, 1798, commonly called the Sedition Act, by which it +was provided that any person guilty of uttering a seditious libel +against the Government of the United States, with intent to defame the +same and bring it into contempt and disrepute, shall be punished by a +fine not exceeding two thousand dollars, and by imprisonment not +exceeding two years. The act was denounced as tyrannical, oppressive, +unconstitutional, and destructive of the liberty of speech and of the +press, and it was made one of the principal charges against the party in +power of that day, and was the chief means of its overthrow. During the +short period of the existence of that odious law, some few prosecutions +were instituted under it against obnoxious individuals; and these were +the only cases of prosecution for seditious libel that had ever occurred +in this country. + +In the present case, an attempt was made to apply the well known +principles of the common law to the same improper and unconstitutional +end. The case was new to our courts, and was of rare occurrence in the +courts of England. Without being a prophet or the son of a prophet, +Mr. Coxe said he would venture to predict that, if the doctrines which +had been urged in behalf of this prosecution, and the proceedings which +had been here justified by the District Attorney, should be established +as lawful, the seeds will have been sown from which will be reaped, for +us and for our children, a harvest of woe and disaster. + +He could not, therefore, but deeply feel the share of responsibility +which devolved upon him in the management of this case, and in the +vindication of the great principles of constitutional liberty in which +he had been nurtured and to which he was bound to adhere. + +If, upon such a warrant as was issued against this traverser, any +individual in this community might be arrested, his papers seized and +examined, his most private correspondence exhibited to the public gaze, +and if all this proceeding was to be warranted by the laws under which +we live, then, gentlemen, said Mr. Coxe, this District is no place for +me. He would seek some place where he would be safe from such +outrages--some place where the principles of civil liberty are still +understood and cherished. + +If, upon testimony thus illegally obtained from him, without having been +guilty of any overt act against the peace of the community, he could +be indicted for sedition, incarcerated for eight months preparatory +to a trial, and then be told that for having such publications as the +traverser had in his private custody, under his own lock and key, or +for loaning one to an intelligent friend, for his single perusal, he +should be exposed to conviction and punishment for sedition, then he +would, to escape such tyranny, expatriate himself, abandoning a land +no longer free. + +But this was not, and could not be the law of this District. What was +the case? Let us go back to the 10th of August last, when this warrant +was placed by a justice of the peace, acting under the advice of the +District Attorney, in the hands of the officers who served it. The only +foundation of the prosecution was simply this: Mr. King, while visiting +the office of the traverser, with whom he was in habits of intimacy and +free intercourse, saw there lying about the room, amongst various works +on different branches of science and the arts, three pamphlets, which +were taken from a box containing surgical instruments, books on surgery, +and botanical preparations, in packing all which the pamphlets had been +with other papers employed. Mr. King casually taking up one of these +pamphlets, read its title page, and remarked that this was too far South +for such things. He asked permission of the traverser to read it, which +was granted, and up to the 10th day of August, a month afterwards, this +was the extent of Dr. Crandall's offence. The affidavit in the warrant +did not even go so far as this, in any positive charge. William +Robinson, who made the affidavit, deposed that he had seen in Georgetown +an incendiary pamphlet having upon it the name of Dr. Crandall, and that +he, the deponent, had been informed and believed, that Dr. Crandall was +engaged in distributing and circulating such pamphlets. The only +positive averment in the affidavit was unimportant, and, if important, +was untrue. Mr. Robinson, when examined, had no recollection of such +a pamphlet, and there was abundant evidence to prove that the pamphlet +loaned to King was now in court, and there was no such endorsement on +it. He had not, therefore, seen a tract with Dr. Crandall's name upon +it. That Dr. Crandall was engaged in the circulation of this or similar +pamphlets was equally unsupported by evidence. Upon this allegation, so +flimsy and so false, the Justice, acting under the advice of our learned +District Attorney, issued the illegal and unconstitutional precept which +he held in his hand. By this warrant the constable was directed to +search and examine the traverser's private papers, to select such as +might appear to be incendiary and to bring them and the traverser before +some justice of the peace, to be dealt with according to law. + +This illegal process, thus illegally executed, had been justified by +the District Attorney, who had avowed himself ready, whenever required, +to prove that it was lawful. On the other hand, he, Mr. Coxe, pledged +himself, on all occasions, and whenever the question might be presented +for argument and decision, to brand it as tyrannical, oppressive, +illegal, and unconstitutional. + +The next evidence for the prosecution was found in the pamphlets thus +stolen, and the possession of them by the traverser was alleged as proof +of their publication by him. Against this false and more than +inquisitorial doctrine, he solemnly protested. Let the accidental +possession of a denounced pamphlet be made proof of its utterance and +publication by the possessor, and let the new process of detecting and +bringing to light that obnoxious pamphlet be established, and what man, +in the whole community, can be safe in the enjoyment of his personal +rights? May not any man be subjected to be treated as a felon, upon the +instigation of private malice, or party animosity, or religious rancor? +How easy would it be to find a magistrate at any time, who, confiding in +the learning and experience and official character of the District +Attorney, will, at his instance, grant such a search warrant against any +individual?--and how easy will it not be to find constables, who, in the +execution of it, will raise a hue and cry, and an excitement against the +individual at whom the process is levelled?--so that if he escape the +tyranny of the law and of the officers of the law, he may, nevertheless, +fall a victim to the blind and ignorant violence of popular fury! + +Two things, Mr. Coxe said, must combine to bring the traverser, in this +case, within the law, if indeed there was any law to meet the case. The +publications themselves must be calculated to excite insurrection among +the blacks, and contempt of government among the whites; and the mode +and manner of the publication must be such as to justify the supposition +that the publisher intended to produce this effect. + +If both of these facts could not be proved, the prosecution must fail, +and the traverser be entitled to a verdict of acquittal. Admitting that +the character of the pamphlets was incendiary, and as mischievous in +their tendency as the District Attorney may, on this occasion, be +pleased to represent them, still it cannot be shown that the traverser +was guilty of any injurious or malicious dissemination of them. The loan +to Mr. King was the only instance proved of distribution, and could that +be considered malicious? Mr. King was admitted to be an intelligent and +discreet citizen, without any sympathies with the abolitionists, and he +could read one of these pamphlets with as little injury to the public +welfare, as could this court and the many individuals to whom the +District Attorney had been reading them. If the traverser had been +criminal, Mr. Key had been still more so. If Dr. Crandall is punishable +for yielding a reluctant and hesitating consent to the request of +Mr. King to be allowed to take one of these pamphlets and read it, to +what condemnation has Mr. Key subjected himself by forcing these same +tracts, and particularly the worst passages he could select from them, +upon the attention of so many individuals? + +But another ground had been taken against the traverser. He was charged +with being a northern man; a native of Connecticut, and a resident of +New York. Have we then, said Mr. Coxe, lived to see the day when in a +court of justice, in the federal city, under the very eyes of Congress, +and of the National Government, it can be urged against an individual +arraigned at the criminal bar, as a circumstance of aggravation, or as +a just ground for suspicion, that the individual comes from the North +or the South, from the East or the West? But we were told, that the +Northern men were interlopers and intruders amongst us. He protested +against the use of such language, especially in the District of +Columbia, which was dependant for its very existence upon the bounty +of Congress, and which owed so much to the liberal policy extended to +it by Northern men. Mr. C. admitted that there were in the North some +vile fanatics, who, under the guise of purity and zeal, had attempted +to scatter firebrands amongst us; men who propose to accomplish the +worst ends by the most nefarious means; men who, under the professions +of christian sympathy and humanity, seek to involve the South in all +the accumulated horrors of a servile war. These men were, however, few +in number and contemptible in resources. On the other hand, there were +men at the South who, for base motives, make themselves auxiliaries to +this excitement, and endeavor to alarm and agitate the people of the +South by misrepresentations of the general feeling and policy of the +people of the North. With neither of these two classes of fanatics had +the people of this District any common interest. As a citizen of this +District, he protested against making it the arena for the operations +of these incendiaries. It was for this jury to resist the first attempt, +now made, to render our courts of justice accessory to their designs. + +He would demonstrate from the evidence that the traverser had no part +in producing the excitement which prevailed in this District during the +last summer. Dr. Crandall was not even the innocent cause of it. It +was an excitement got up against Crandall, and not by him. When the +constables went to his lodgings and office with their warrant, there was +no excitement nor commotion among the people. All was calm, and but for +the constables and their process, would have remained so. But they +published in the streets of Georgetown the nature and object of their +errand, and collected a number of individuals who were curious to see +the result of this extraordinary search. One of the constables, Jeffers, +after leaving the office of the traverser, goes to Linthicum's shop, and +there proclaims to the assembly that "they had found more than they +expected;" that "their hopes were more than realized." The constable +then goes on to proclaim that he had found a large number of incendiary +pamphlets, 150 or 160. Then ensued an excitement, and a cry was at once +heard, "carry him across the street and hang him to the tree!" Such was +the origin of the excitement which pervaded our community, and which the +District Attorney lays to the charge of the traverser. + +The testimony was silent as to any act of publication by the traverser +of more than one of the publications referred to in the indictment, and +in that he was shown to have had no improper design. We were told, +however, that the possession was proof of criminal design. Was it to be +endured that, without authority of law, and contrary to all law, private +papers should thus be wrested from the possession of an individual, +and then be offered as a proof of malicious intent and malicious +publication? In any prosecution for a libel it was necessary to prove a +malicious publication. Malice may be inferred to an individual from the +simple act of publication. But in cases of seditious libel, it was +necessary, in order to infer malice, to prove that the publication was +made to such persons as that the public could be injured by it. His case +being destitute of such proof, the traverser was entitled to a verdict +in his favor. Mr. Coxe went into a minute examination of the testimony +to prove that the pamphlets were brought innocently and without intent +to circulate them. Those in the box were brought with other papers, and +were packed by a lady, for the purpose of wrappers, &c., for plants. +The pamphlets given to him in New York, by a person from whom he had +purchased a book, he had received without any knowledge of their +contents, and the package remained unopened in his trunk until it was +taken by the constables. No mischief had been produced; no insurrection +raised; no human being injured, except the unfortunate traverser +himself, whom, after an incarceration of eight months, the prosecutor +wishes you still further to punish. This was a reproach to our +community; a burlesque of our courts of justice; it had no support in +principle or reason. Was this the boasted intelligence, spirit, and +generosity of the South! + +From a review of the testimony it would be found that the traverser +came into possession of the papers innocently; that he retained them +innocently; and that they were never distributed by him. + +Mr. Coxe then proceeded to maintain, at length, that, granting the +publication, there was nothing in the quotations from the pamphlets +incorporated in the indictment from which a criminal intent could be +inferred. If there was no criminal matter in the extracts, then there +was no crime charged. He went on to prove that they did not contain a +single sentiment or expression on the subject of slavery, and its +political, moral, and social results, which had not also been used by +slaveholders; by the statesmen, and lawyers, and writers of the South. + +Mr. Coxe proceeded to compare the language charged as seditious in the +indictment, with passages from colonization speeches made by Mr. Key +himself; by Mr. Archer, Mr. Custis, Bishop Smith, General Harper; +by Patrick Henry, in the Virginia Convention; Mr. Pinckney, in the +Legislature of New York; by Mr. Jefferson, in his notes on Virginia; +by Judge Tucker, in his notes to Blackstone's Commentaries; and by +other distinguished gentlemen at the South. + +Neither he, nor the jury, nor the District Attorney, could distinguish +the language and sentiment of one of those parties from the other. If +there was any difference it was in this, that the northern publications +were somewhat more temperate than the others. The controversy which had +grown up between the rival Societies for Colonization and Abolition had +given birth to this excitement. Which of them was right, or whether they +were both right or wrong, was not now a matter in issue; but he would +allude to the fact that the sincerity and personal excellence of the +abolitionists had been warmly acknowledged by the amiable Secretary of +the Colonization Society, and by one of its most distinguished members +and friends, Mr. Gerrit Smith. + +But the District Attorney denounced the Abolition Societies and +Dr. Crandall, whom he alleged to be a member of the American Abolition +Society. This assertion was unsupported by testimony, and untrue in +fact. One of the constables, indeed, had testified that Crandall, after +his arrest, admitted that he was a member of that society; but this was +disproved by all the other testimony in the case. + +Mr. Coxe, without defending the Abolition Societies, here undertook to +prove, from various documentary evidence, that there was, after all, but +very little difference between the sentiments and objects of the +colonizationists and the abolitionists. + +In conclusion, Mr. Coxe remarked, that if any the smallest injury had +resulted from the traverser's sojourn in this District, it was not his +fault. He was innocently occupied in professional pursuits, and was +quietly pursuing the even tenor of his way. Whatever excitement and +injury had grown out of his visit here was solely attributable to the +illegal course taken by the prosecutor in procuring his arrest and the +seizure of his papers, which were harmlessly reposing in his trunk. + +With these remarks, and his thanks for the patient hearing afforded him +by the jury, Mr. Coxe submitted the case, with entire confidence, to +their hands. + +_Mr. F. S. Key._ I consider this one of the most important cases ever +tried here; I wish the prisoner every advantage of a fair trial. It is +a case to try the question, whether our institutions have any means of +legal defence against a set of men of most horrid principles, whose +means of attack upon us are insurrection, tumult, and violence. The +traverser defends himself by justifying the libels. We are told that +they are harmless--that they have no tendency to produce the horrid +results which we deprecate. We have been told that _this_ community +has not been endangered. The Emancipator has been read, the extracts +from it justified, this prosecution scouted. If such publications +are justifiable, then are we, indeed, at the tender mercy of the +Abolitionist, and the sooner we make terms of capitulation with him the +better. What does he propose for the slave? Immediate emancipation. In +one instant the chains of the slave must snap asunder. Without delay, +and without preparation, he becomes a citizen, a legislator, goes to the +polls, and appoints _our_ rulers. If this be the plan, then am I ready, +as the opposite counsel expresses it, to seek refuge in other parts of +the United State. Are you willing, gentlemen, to abandon your country; +to permit it to be taken from you, and occupied by the Abolitionist, +according to whose taste it is to associate and amalgamate with the +negro? Or, gentlemen, on the other hand, are there laws in this +community to defend you from the immediate Abolitionist, who would open +upon you the floodgates of such extensive wickedness and mischief? There +are such laws, gentlemen; they are as essential to your prosperity and +peace as is the sacred law of self-defence to every individual. + +But you have heard it denied that there are such laws; that these +pamphlets are incendiary; and this prosecution is likened to those under +the sedition law--a law reprobated and repealed--and hence we may infer +that a man may publish what he pleases, however seditious and +insurrectionary it may be. Not so. The repeal of the sedition law left +the common law, by which these offences always were punishable, in full +force; and, gentlemen, it is well known that the principal argument +against the sedition law was, that the offences which it punished were +sufficiently provided for already by the common law as it stood. But the +traverser is not content with acting merely on the defensive. It appears +that he is a _persecuted innocent man_; upon an illegal warrant, without +proper evidence, attacked, _robbed_, put in jail; all for having a few +harmless publications about him. Why does not this _persecuted_ man +bring his action for false imprisonment? Why do not his counsel advise +it? The warrant was issued upon probable cause on oath. The magistrate +was bound to issue it, but it made the constable the judge of what were +incendiary papers! Yes! and had the constable have taken any other +course he would have been responsible to the traverser for so doing. But +carry out the law as expounded on the other side. Here's a counterfeiter +caught, with his tools, plates, &c., all found upon a search for stolen +goods. The gentleman would bring him before a magistrate, have the +warrant quashed, his _goods_ returned to him, and should the articles, +thus found, be used in evidence against him, it would be horrid, +tyrannical, oppressive, shocking, and enough to make a man runaway from +a country where there are such laws, and find refuge in some other. +Gentlemen, if in searching for stolen goods you find evidence of +counterfeiting, you may use it for the purpose of convicting the culprit +of either offence. + +But the papers were safe in Dr. Crandall's trunk. Yes, all were there +and safe, but those taken out and circulated, exactly as the case would +have been had they been counterfeit bank notes, and not incendiary +pamphlets. Gentlemen, did he not give Mr. King one, because he thought +that he _would not_ mention it? And, gentlemen, would he not as likely +give to those who _could not_ tell? At every step in our community, he +meets such men; he is enjoined in the language of these papers, to give +them currency "in highways and by-ways." This man should be glad of the +opportunity, by public trial, to exonerate himself from the charges +against him. They are distinctly made--the testimony clearly laid +down--testimony, in my opinion, ample for his conviction. There are two +questions in this case: are the libels charged criminal?--are they +proved to have been published by the traverser? I call your attention +to the libels and to their tendency. The Colonization Society published +them only to denounce them. The Colonization Society only contemplates +free negroes, and has nothing to do with slavery. + +Mr. Key here explained the difference between the papers read by the +traverser's counsel and those charged in the indictment, and showed that +the Kentucky synod, the grand jury of our District, &c. were for gradual +emancipation by the whites, and not violence by the blacks, &c. He +thought having a number of these printed libels stronger proof against +the traverser than having only one written; commented upon these papers +coming through the post office with only one cent postage, as strong +evidence that they were sent in here; upon the fact that none of his +witnesses testified to his character or pursuits within the last two +years; upon the improbability of such a man as Crandall was represented +to be, of high character as a man and a physician, leaving Peekskill +to go botanizing merely. Mr. K. here commented upon the inflammatory +character of the libel alluding to the _colonial_, and, as he contended, +the _general_ system of slavery. Mr. K. here read again from the +pamphlet, and then added: I am accused of being emphatic; I confess my +blood boils when I read the closing sentence of this libel--this +taunting us with the torch of the negro at our threshold, and his knife +at our throats--this fiendish allusion to the _beauty_ and chivalry +of the South; it displays cool and demoniac malignity! Mr. K. then +alluded to the pictures, saying that they could be meant only for the +illiterate, and tended only to insurrection and violence. Mr. K. +animadverted upon the speeches and opinions of eminent Southern men, +quoted by the traverser's counsel, to show that their objects were +different from those of the abolitionists. Mr. Key remarked, with great +severity, on the abstract proposition of the sinfulness of slavery, and +the declaration in the libels of the "South being awakened from their +snoring by the thunder of the Southampton massacre." He contended that +Crandall admitted, in his examinations at the jail, that all the papers +he had were sent from New York, and came in a box; and said nothing +about having received two parcels; and that he also admitted, that he +had all the papers sent, but twelve or thirteen, and argued that those +twelve or thirteen were circulated here, amongst improper persons: that +if otherwise, the traverser might and could prove to him, to whom they +were delivered. + +He adverted to the slander contained in the libels, that a free person +of color might be sold here for jail fees when apprehended as a runaway +slave. He commented on the evidence of Mr. Austin, and argued that it +was far from showing that the packages were not broken by Dr. Crandall, +and part of them taken out and distributed. He also argued that +Dr. Crandall took no pains to have the pamphlet returned to him, which +he delivered to Mr. King, and did not destroy those he had after hearing +that there was an excitement on the subject, and that none of these +libels and picture books were used by him, as the other newspapers were, +to preserve his plants, thereby proving his disposition to preserve and +circulate them. Mr. Key also referred, in corroboration of what C.'s +views were, to his declarations to Jeffers' favorable to the +amalgamation of the blacks and whites, and also those to Colclazier and +Tippet, "that slavery brought the slaveholder and slave into promiscuous +sensual intercourse," "and that he was willing that the North and the +South should be arrayed against each other." Mr. Key added: This is a +subject to us not of indifference. It has been one of much excitement, +and we are bound to act in self-defence. If in your conscience, +gentlemen, you think the traverser innocent, acquit him. Judge of these +libels--the words--the meaning--the tendency--read their endorsement +"please read and circulate" in the traverser's handwriting--look at +these pictures!--hear his admission, "I gave them to a man who I thought +would not tell on me." There are twelve or thirteen of them brought +here by him unaccounted for; hear his prevarications in the jail and +elsewhere: and if he is an innocent man, cruelly imprisoned under an +illegal warrant, and these vile, calumniatory libels, are actually this +_innocent_, _persecuted_ gentleman's _property_--_stolen_ from him--then +gentlemen return him his property and let him go free. It is with you, +gentlemen; I ask of you but to do your conscientious duty. + + * * * * * + +The jury retired, and, after a short deliberation, agreed upon a verdict +of NOT GUILTY. After which they separated, and returned their verdict +into Court the next morning. + + + + +Transcriber's Note + +Some of the words in this text were verified by referencing the document +"The trial of Reuben Crandall, M.D., charged with publishing seditious +libels, by circulating the publications of the American Anti-Slavery +Society, before the Circuit Court for the District of Columbia, held at +Washington, in April, 1836, occupying the court the period of ten days." +(New-York: H. R. Piercy, 1836) + +The following corrections have been made to this text: + + Page 6: Removed stray quote marks (If a man in manners) + + Page 10: Changed choses to chooses (to every body who chooses) + + Page 14: Changed posession to possession (traverser's possession) + + Page 18: Added missing end punctuation (Question by Key.) + + Page 19: Changed Crrndall's to Crandall's (Dr. Crandall's reply) + + Page 23: Changed did'nt to didn't (he didn't know which) + + Page 28: Added missing word 'to' (I have to say to them) + + Page 29: Added missing quote marks ("I hope I may be excused) + + Page 30: Removed stray quote marks (run her hull under.) + + Page 31: Changed desarts to deserts (its wide-spread deserts) + + Page 31: Removed duplicate word 'as' (so far as he had seen him) + + Page 34: Changed did to didn't (didn't know of any with writing) + (Verified by referencing the document mentioned above.) + + Page 44: Changed posssession to possession (wrested from the possession) + + Page 48: Changed gentlemen's to gentleman's (_persecuted_ gentleman's) + + Page 48: Changed Jeffer's to Jeffers' (Jeffers' favorable) + + + + + +End of the Project Gutenberg EBook of The Trial of Reuben Crandall, M.D. +Charged with Publishing and Circulating Seditious and Incendiary Papers, &c. in the District of Columbia, with the Intent of Exciting Servile Insurrection., by Unknown + +*** END OF THIS PROJECT GUTENBERG EBOOK TRIAL OF REUBEN CRANDALL *** + +***** This file should be named 28197.txt or 28197.zip ***** +This and all associated files of various formats will be found in: + https://www.gutenberg.org/2/8/1/9/28197/ + +Produced by Bryan Ness, C. 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