Some Recollections of Our Antislavery Conflict

by Samuel J. May

Ten days afterwards, an opposing convention of the city and county was held in the same place, and sent forth an opposite opinion, but not without dissent.

In one of our city papers I was called out by three of my fellow-citizens as the one more responsible than any other for the rescue of Jerry, and was challenged to justify such an open defiance of a law of my country. Thus was the subject kept before the public, and the questions involved in it were pretty thoroughly discussed.

Meanwhile the United States District Attorney was not neglectful of his official duty. He summoned several of the indicted ones to trial at Buffalo, at Albany, and at Canandaigua. But he did not obtain a conviction in either case. Gerrit Smith, Charles A. Wheaton, and myself published in the papers an acknowledgment that we had assisted all we could in the rescue of Jerry; that we were ready for trial; would give the Court no trouble as to the fact, and should rest our defence upon the unconstitutionality and extreme wickedness of the Fugitive Slave Law. The Attorney did not, however, see fit to bring the matter to that test. He brought a poor colored man—Enoch Reed—to trial at Albany, and summoned me as one of the witnesses against him. When called to the stand to tell the jury all that I knew of Mr. Reed’s participation in the rescue, I testified that I saw him doing what hundreds of others did or attempted to do, and that he was not particularly conspicuous in that good work. The Attorney was much offended. He assured the Judge that I knew much more about the matter than I had told the jury, and requested him to remind me of my oath to tell the whole truth. When the Court had so admonished me, I bowed and said: “May it please your Honor, I do know all about the rescue of Jerry; and if the prosecuting officer will arraign Gerrit Smith, Charles A. Wheaton or myself, I shall have occasion to tell the jury all about the transaction. I have now truly given the jury all the testimony I have to give respecting the prisoner at the bar.”

Of course Enoch Reed was acquitted, and no other one of those indicted was convicted. The last attempt to procure a conviction was made at Canandaigua, before Judge Hall, of the United States District Court, in the autumn of 1852. A few days before the setting of that Court, Mr. Gerrit Smith sent copies of a handbill to be distributed in that village and the surrounding country, announcing that he would be in Canandaigua at the time of the Court, and speak to the people who might assemble to hear him, on the atrocious wickedness of the Fugitive Slave Law.

On his arrival at Canandaigua, Mr. Smith found all the public buildings closed against him. He therefore requested that a wagon might be drawn into an adjoining pasture, and notice given that he would speak there. At the appointed hour a large assembly had gathered to hear him. He addressed them in his most impressive manner. He exposed fully the great iniquity that was about to be attempted in the court-room hard by,—the iniquity of sentencing a man as guilty of a crime for doing that which, in the sight of God, was innocent, praiseworthy,—yes, required by the Golden Rule. He argued to the jurors, who might be in the crowd surrounding him, that, whatever might be the testimony given them to prove that Jerry was a slave; whatever words might be quoted from statutes or constitutions to show that a man can be by law turned into a slave, a chattel, the property of another man, they nevertheless might, with a good conscience, bring in a verdict acquitting any one of crime, who should be accused before them of having helped to rescue a fellow-man from those who would make him a slave. “If,” said he, “the ablest lawyer should argue before you, and quote authorities to prove that an article which you know to be wood is stone or iron, would you consent to regard it as stone or iron, and bring in a verdict based upon such a supposition, even though the judge in his charge should instruct you so to do? I trust not. So neither should any argument or amount of testimony or weight of authorities satisfy you that a man is a chattel. Jurors cannot be bound more than other persons to believe an absurdity.”

The United States Attorney, Mr. Garvin, found that he could not empanel a jury upon which there were not several who had formed an opinion against the law. So he let all the “Jerry Rescue Causes” fall to the ground forever.

At the time of this his boldest, most defiant act, Mr. Smith was a member of Congress. For this reason “his contempt of the Court,” “his disrespect for the forms of law, the precedents of judicial decisions, and the authority of the constitution,” was pronounced by “the wise and prudent” to be the more shameful, mischievous, and alarming. But “the common people” could not be easily convinced that any wrong could be so great as enslaving a man, nor that it was criminal to help him escape from servile bondage.

My readers will readily believe that we exulted not a little in the triumph of our exploit. For several years afterwards we celebrated the 1st of October as the anniversary of the greatest event in the history of Syracuse. Either because, in 1852, there was no hall in our city capacious enough to accommodate so large a meeting as we expected, or else because we could not obtain the most capacious hall,—for one or the other of these reasons,—the first anniversary of the Rescue of Jerry was celebrated in the rotunda of the New York Central Railroad, just then completed for the accommodation of the engines. John Wilkinson, Esq., at that time President of the road, promptly, and without our solicitation, proffered the use of the building, large enough to hold thousands. It was well filled. Gerrit Smith presided, and the speeches made by him, by Mr. Garrison, and other prominent Abolitionists, together with the letters of congratulation received from Hon. Charles Sumner, Rev. Theodore Parker, and others, would fill a volume, half the size of this, with the most exalted political and moral sentiments, and not a few passages of sublime eloquence.

After our triumph over the Fugitive Slave Law, we Abolitionists in Central New York enjoyed for several years a season of comparative peace. We held our regular and our occasional antislavery meetings without molestation, and were encouraged in the belief that our sentiments were coming to be more generally received. The Republican party was evidently bound to become an abolition party. Hon. Charles Sumner was doing excellent service in the Senate of the United States, and Hon. Henry Wilson and others in Congress were seconding his efforts, to bring the legislators of our nation to see and own that the institution of slavery was utterly incompatible with a free, democratic government, and irreconcilable with the Christian religion.

Still we could perceive no signs of repentance in the slaveholding States, and had despaired of a peaceful settlement of the great controversy. How soon the appeal to the arbitrament of war would come we could not predict; but we saw it to be inevitable. All, therefore, that remained for the friends of our country and of humanity to do, was diligently to disseminate throughout the non-slaveholding States a just appreciation of the great question at issue between the North and the South; a true respect for the God-given rights of man, which our nation had so impiously dared to trample upon; and the sincere belief that nothing less than the extermination of slavery from our borders could insure the true union of the States and the prosperity of our Republic. To this work of patriotism, as well as benevolence, therefore, we addressed ourselves so long as the terrible chastisement which our nation had incurred was delayed.