3. Here is the case of Mr. Sloane, which happened in the State of Ohio.
In October, 1852, several colored persons were about leaving Sandusky in a steamer for Detroit, when they were seized and taken before Mr. Follet, mayor of the city, and claimed as fugitive slaves. This seizure was made by the city marshal and three persons claiming to act for the owners of the slaves.
After the colored persons were brought before the mayor, their friends engaged Mr. Rush R. Sloane to act as counsel in their defence. He demanded of the mayor and the claimants by what authority the prisoners were detained. There was no reply. He then asked, whether they were in the custody of a United States Marshal or Commissioner. Again there was no reply. He next called for any writs, papers, or evidences by which they were detained. Still there was no answer. He then said to his clients, "I see no authority to detain your colored friends."
At that time some one near the door cried out, "Hustle them out," and soon the crowd and the alleged fugitives were in the street. Then one of the claimants said to Mr. Sloane, "I own these slaves; they are my property, and I shall hold you individually liable for their escape." These were the first and only words he spoke to Mr. Sloane, and then not until the black men were in the street.
In due time Mr. Sloane was arrested for resisting the execution of the fugitive slave bill, though he had only acted as legal counsel for the alleged slaves and had offered no resistance to the law, by deed, or word, or sign.
He was brought to trial at Columbus. Before the jurors were sworn they were all asked "whether they had any conscientious scruples against the fugitive slave law, and would hesitate to convict under it." If they said "Yes," they were rejected. Thus a jury was packed for the purpose, and the trial went on. Thirteen unimpeached witnesses deposed to the facts stated before, while the slave claimant had no evidence but the city marshal of Sandusky—the Tukey of that place—and two of the three slave-catchers—who swore that they had with them powers of attorney for the seizure of twenty-four slaves.
Gentlemen, such was the action of the court, and such the complexion of the packed jury, that Mr. Sloane was found "guilty." The Judge, Hon. Mr. Leavitt, refused to sign a bill of exceptions, enabling him to bring the matter before the Supreme Court. Mr. Sloane was sentenced to pay a fine of $3,000, and $930 as costs of court! Such was the penalty for a lawyer telling his clients that he saw no authority to detain them,—after having three times demanded the authority, and none had been shown!
4. Gentlemen of the Jury, I now come to cases which have happened in our own State,—in this city. Some alarm was felt as soon as Mr. Mason's fugitive slave bill was proposed in the Senate. But men said, "No northern man will support it. There is much smoke and no fire." But when on the 7th of March, 1850, Mr. Webster adopted the bill, and promised to defend it and the amendments to it, "with all its provisions to the fullest extent;" when he declared that Massachusetts would execute the infamous measure "with alacrity"—then not only alarm but indignation took possession of northern breasts. The friends of Slavery at Boston must do all in their power to secure the passage of the bill, the prosperity of its adoptive father, and its ultimate enforcement—the kidnapping of men in Massachusetts. Here are the measures resorted to for attaining this end.