His master was very indignant at the decision, and complained loudly that a Pennsylvania court should presume to discharge a Carolinian slave.
When Ben was set at liberty, he let himself to Isaac W. Morris, then living at his country seat called Cedar Grove, three miles from Philadelphia. Being sent to the city soon after, on some business for his employer, he was attached by the marshall of the United States, on a writ De homine replegiando, at the suit of Mr. Butler, and two thousand dollars were demanded for bail. The idea was probably entertained that so large an amount could not be procured, and thus Ben would again come into his master's possession. But Isaac T. Hopper and Thomas Harrison signed the bail-bond, and Ben was again set at liberty, to await his trial before the Circuit Court of the United States. Bushrod Washington, himself a slaveholder, presided in that court, and Mr. Butler was sanguine that he should succeed in having Judge Inskeep's decision reversed. The case was brought in October, 1806, before Judges Bushrod Washington and Richard Peters. It was ably argued by counsel on both sides. The court discharged Ben, and he enjoyed his liberty thenceforth without interruption.
DANIEL BENSON.
Daniel and his mother were slaves to Perry Boots, of Delaware. His master was in the habit of letting him out to neighboring farmers and receiving the wages himself. Daniel had married a free woman, and they had several children, mostly supported by her industry. His mother was old and helpless; and the master, finding it rather burdensome to support her, told Daniel that if he would take charge of her, and pay him forty dollars a year, he might go where he pleased.
The offer was gladly accepted; and in 1805 he removed to Philadelphia, with his mother and family. He sawed wood for a living, and soon established such a character for industry and honesty, that many of the citizens were in the habit of employing him to purchase their wood and prepare it for the winter. Upon one occasion, when he brought in a bill to Alderman Todd, that gentleman asked if he had not charged rather high. Daniel excused himself by saying he had an aged mother to support, in addition to his own family; and that he punctually paid his master twenty dollars every six months, according to an agreement he had made with him. When the alderman heard the particulars, his sympathy was excited, and he wrote a note to Isaac T. Hopper, requesting him to examine into the case; stating his own opinion that Daniel had a legal right to freedom. The wood-sawyer started off with the note with great alacrity, and delivered it to Friend Hopper, saying in very animated tones, "Squire Todd thinks I am free!" He was in a state of great agitation between hope and fear. When he had told his story, he was sent home to get receipts for all the money he had paid his master since his arrival in Philadelphia. It was easy to prove from these that he had been a resident in Pennsylvania, with his owner's consent, a much longer time than the law required to make him a free man. When Friend Hopper gave him this information, he was overjoyed. He could hardly believe it. The tidings seemed too good to be true. When assured that he was certainly free, beyond all dispute, and that he need not pay any more of his hard earnings to a master, the tears came to his eyes, and he started off to bring his wife, that she also might hear the glad news. When Friend Hopper was an old man, he often used to remark how well he remembered their beaming countenances on that occasion, and their warm expressions of gratitude to God.
Soon after this interview, a letter was addressed to Perry Boots, informing him that his slave was legally free, and that he need not expect to receive any more of his wages. He came to Philadelphia immediately, to answer the letter in person. His first salutation was, "Where can I find that ungrateful villain Dan? I will take him home in irons."
Friend Hopper replied, "Thou wilt find thyself relieved from such an unpleasant task; for I can easily convince thee that the law sustains thy slave in taking his freedom."
Reading the law did not satisfy him. He said he would consult a lawyer, and call again. When he returned, he found Daniel waiting to see him; and he immediately began to upbraid him for being so ungrateful. Daniel replied, "Master Perry, it was not justice that made me your slave. It was the law; and you took advantage of it. Now, the law makes me free; and ought you to blame me for taking the advantage which it offers me? But suppose I were not free, what would you be willing to take to manumit me?"
His master, somewhat softened, said, "Why, Dan, I always intended to set you free some time or other."
"I am nearly forty years old," rejoined his bondsman, "and if I am ever to be free, I think it is high time now. What would you be willing to take for a deed of manumission?"