It was but yesterday our ears were deafened by the turmoil and clamour of political strife, shaking the great national fabric to its centre, and threatening the stability of the Government itself. In that fearful conflict for the control of the Executive and Legislative Departments of the Federal Government, all the evil passions of men seem to have been aroused. Vituperation and scandal, malice, hatred and ill-will had blotted out from the land all brotherly love, and swept away those characteristics which should distinguish us as a nation of Christians.
How important, then, it is for us, coming up here to perform the duties incident to the courts, to come with minds free from prejudice, free from passions, and free from the influence of the angry elements around us. To come with a fixed purpose of administering justice with truth, according to the laws of the land. A dangerous political contagion has become rampant in our country, invading the holy sanctuaries of the "Prince of Peace" and polluting the very fountains of Eternal Truth.
God forbid the time may ever come when the temples of justice in our land shall be desecrated by this unhallowed and contaminating influence, or by wanton disregard of the Constitution, or by a perfidious delinquency on the part of the ministers of the law. Here let passion and prejudice find no abiding place. Here let equal and exact justice be meted out to all men--to rich and to the poor--to the high and the low, and above all things, with you, gentlemen, here preserve with scrupulons fidelity the sanctity of your oaths, and discharge your whole duty without fear and without favour. Put justice to the line and truth to the plummet, and act up fully to the obligations of that oath, and you will ever enjoy those rich consolations which always flow from a conscientious discharge of a sworn duty.
To men of your intelligence and probity, these admonitions are, perhaps, unnecessary. Knowing, however, the reluctance and pain with which the misconduct of men in office is inquired into, by those who cherish the same political sentiments, I am confident, gentlemen, that in times like these, you can not exercise too great caution in excluding from your minds all considerations, as to whether the party charged before you is the appointee of this or of that administration, or whether he belongs to this or that political organization or party.
In 1858, came before the court the historic case of the Oberlin-Wellington Rescue. The facts of the case were, briefly, that on the first of March, 1857, a negro slave named John, the property of John G. Bacon, of Kentucky, escaped across the river into Ohio. In October, 1858, the negro was traced out and arrested within the Northern District of Ohio, by one Anderson Jennings, holding a power of attorney from Bacon. In company with an assistant named Love, Jennings took the negro to Wellington, Lorain county, with the purpose of taking the cars for Cincinnati, and thence returning the negro to Kentucky and remitting him to slavery. A number of residents of Oberlin concerted a plan of rescue marched to Wellington, entered the hotel where John was kept, took him from his captors, placed him in a buggy, and carried him off. Indictments were found against the leading rescuers, who comprised among others some of the leading men of the college and village of Oberlin, and they were brought to trial, fined, and imprisoned. The trial created great excitement, and, whilst it was pending, a monster demonstration against the Fugitive Slave Law was held on the Public Square, midway between the building where the court held its sessions and the jail in which the accused were confined. At one time fears were entertained of violence, threats being freely uttered by some of the more headstrong that the law should be defied and the prisoners released by force. Cooler counsels prevailed, and the law, odious as it was felt to be, was allowed to take its course. In this exciting time the charges and judgments of Judge Willson were calm and dispassionate, wholly divested of partisanship, and merely pointing out the provisions of the law and the necessity of obedience to it, however irksome such obedience might be, until it was repealed.
[Illustration: H. V. Willson]
In the November term of 1859, when the public mind was still agitated by the John Brown raid and by the tragic affairs succeeding it, and when the excitement of the Oberlin-Wellington Rescue had not wholly subsided, the attention of Judge Willson was called to these matters by the District Attorney, and in his charge to the grand jury he took occasion to define the law of treason, with especial bearing on those events. It was a clear, logical exposition of the law, pointing out the line of distinction between a meeting for the expression of opinions hostile to the Government and a gathering for the purpose of violently opposing or overturning the Government.
In 1861, when the rebellion had broken out, and it was supposed sympathizers with it were in Ohio plotting aid to the rebels, Judge Willson delivered a charge to the grand jury, again defining the law in regard to conspiracy and treason, and in the course of his address took occasion to unreservedly condemn the motives and actions of the rebels. He said:
The loyal people of this great nation have enjoyed the blessings of our excellent Constitution too long and too well, to be insensible of its value or to permit its destruction. They have not yet been schooled to the heresy, that this noble Government is a mere myth, or that it is destitute of the inherent power of perpetuating its own existence. On the contrary, next to their religion, they love and cherish it above all things on earth, not only because it is the rich and sacred legacy of a revered and patriotic ancestry, but because it is a Government of law, possessing the authority to maintain social and civil order, giving to its citizens security of property, of person and of life.
It is not surprising, therefore, that this bold and mad rebellion in the Southern States, has excited, in all patriotic hearts, a spontaneous and indignant feeling against treason and traitors, wherever they may be found in our land. It is a rebellion without cause and without justification. It had its conception in the wicked hearts of ambitious men. Possibly, some of the chief conspirators may be actuated by the spirit of the sacrilegious incendiary who fired the Ephesian temple to immortalize his name by the infamy of the act.