The accused entered a suit for libel, through advice, probably, of some of his accomplices, who were whites, as it is evident his calling would preclude the possibility of the individual to think himself aggrieved.
The presiding judge, before whom the case was tried, having no sympathy with abolitionists, and less with that class of negroes represented by Martin Delany, took great pains to impress upon the minds of the jury, in his charge to them, the extent of the offence of libel. After their verdict of guilty was rendered, a fine of two hundred dollars, together with the cost of prosecution, which amounted to about two hundred and fifty dollars, was imposed. In view of a fine so unusually high for that which was considered a just exposure of an evil which then existed to the detriment of one class of the inhabitants, an appeal was immediately made, by the press of Pittsburg, for a public subscription, in order that it might be borne in common, instead of allowing it to rest solely upon this faithful sentinel.
A subscription list was opened at the office of the Pittsburg Daily Despatch, which led off first in the appeal.
The chivalric governor, Joseph Ritner, was in office then—him for whom freedom’s sweetest bard invoked his muse to link his name with immortality. About one week after the suit, and before the sum could be raised, the governor remitted the fine. This was occasioned through a petition originating with his able counsel, the late William E. Austin, which was signed not only by all of the lawyers of the court, but it is said by the bench of judges; thus leaving the costs only to be paid by him.
The success of this suit, however, served to embolden the slave-hunters; and again did this faithful sentinel give the alarm; but this time his language, while it unmistakably pointed to the guilty party, was carefully chosen, in order to avoid litigation. These, determined to drive him from his post, so formidable to them, still so valiantly held by him, again entered suit against him. Their former success established no precedent for the second.
In the prosecution of this case, another jurist sat in judgment, the term of the pro-slavery judge having expired. In his charge to the jury, the eminent judge, William B. McClure, made special reference to the position of the defendant, to his efforts in behalf of his race, and his usefulness in the community. Then, addressing himself more pointedly to the jury, he added, “I am well acquainted with Dr. Delany, and have a very high respect for him. I regard him as a gentleman and a very useful citizen. No Pittsburger, at least, will believe him capable of willingly doing injustice to any one, especially his own race. I cannot, myself, after a careful examination, see in this case anything to justify a verdict against the defendant.” This resulted in a verdict of acquittal without the jury leaving the box.
On another occasion, he was the recipient of forensic compliment, facetiously given, because also of the source whence it emanated, and because he was not present at the court to suggest the remarks of the attorney in the midst of the pleading.
A highly respected colored man was under trial, charged with a serious offence. His counsel, an influential lawyer, Cornelius Danagh, Esq., afterwards attorney general of the state, under Governor William T. Johnson, of Pennsylvania, declared the prosecution as arising from prejudice of color against his client. The prosecution was conducted by the late Colonel Samuel W. Black, who served under General McClellan, and fell in the seven days’ fight before Richmond. “They tell you,” said he, in his peculiarly forcible style, “that we have brought on this prosecution through prejudice to color. I deny it: neither does the learned counsel believe it. Look at Martin Delany, of this city, whom everybody knows, and the gentleman knows only to respect him. Would any person in this community make such a charge against him? Could such a prosecution be gotten up against him? No, it could not, and the learned counsel knows it could not, and Delany is blacker than a whole generation of the color of the defendant, boiled down to a quart.”
It is probable that no portion of this reference to him pleased him better than that which alluded to his blackness.
While conducting the paper, another production of his elicited much discussion, and to which he still holds—that of the population of the world. He claims that two thirds are colored, and the remainder white; that there are but three original races—Mongolian, Ethiopian or African, and Caucasian or European, as yellow, black, and white, naming them in the order as given in the genealogy of Shem, Ham, and Japheth, all others being but the offspring, either pure or mixed, of the other three, as the Indian or American race of geography, being pure Mongolian, and the Malay being a mixture of the three, Mongolian, African, and Caucasian, the people of the last varying in complexion and other characteristics from pure African, through Mongolian, to pure Caucasian.