Part 16

"Well, Mr. Hopper," said the Recorder, "what have you to say in justification of your very extraordinary proceedings?"

He replied, "It is true the man is not my debtor; but the court has greatly erred in supposing that the step I have taken was merely intended to produce unnecessary delay and expense. The Recorder will doubtless recollect that Congress has passed an act prohibiting the introduction of foreign slaves into this country. It is my belief that the case now before the court is embraced within the provisions of that act. But I needed time to ascertain the point; and I assumed that the man was my debtor merely to detain him until the Act of Congress could be examined."

Jared Ingersoll, an old and highly respectable lawyer, rose to say, "May it please your honors, I believe Mr. Hopper is correct in his opinion. A National Intelligencer containing the Act of Congress is at my office, and I will send for it if you wish." The paper was soon brought, and Friend Hopper read aloud the section which Mr. Ingersoll pointed out; placing strong emphasis on such portions as bore upon the case then pending. When he had concluded, he observed, "I presume the court must now be convinced that the censures so liberally bestowed on my conduct are altogether unmerited."

The counsel for the claimant said a newspaper was not legal evidence of the existence of a law. Friend Hopper replied, "The court is well aware that I am no lawyer. But I have heard lawyers talk about prima facie evidence; and I should suppose the National Intelligencer amounted at least to that sort of evidence, for it is the acknowledged organ of government, in which the laws are published for the information of citizens. But if that is not satisfactory, I presume the court will detain the man until an authenticated copy of the law can be obtained."

After some discussion, the court ordered a copy of the law to be procured; but the attorney abandoned the case, and the slave was set at liberty.

As soon as this decision was announced, the throng of spectators, white and colored, began to shout, "Hurra for Mr. Hopper!" The populace were so accustomed to see him come off victorious from such contests, that they began to consider his judgment infallible.

Many years afterward, when Friend Hopper met Mahlon Dickinson on board a steam-boat, he inquired whether he recollected the scolding he gave him on a certain occasion. He replied pleasantly, "Indeed I do. I thought I had you that time, and I intended to give it to you; but you slipped through my fingers, as usual."

THE NEW-JERSEY SLAVE.

In the year 1809, a gentleman from East New-Jersey visited Philadelphia, and brought a young slave to wait upon him. When they had been in that city four or five months, the lad called upon Isaac T. Hopper to inquire whether his residence in Philadelphia had made him free. He was informed that he would not have a legal claim to freedom till he had been there six months. Just as the term expired, somebody told the master that the laws of Pennsylvania conferred freedom on slaves under such circumstances. He had been ignorant of the fact, or had forgotten it, and as soon as he received the information he became alarmed lest he should lose his locomotive property. He sent for a constable, who came to his door with a carriage. The lad had just come up from the cellar with an armful of wood. When he entered the parlor, the constable ordered him to put it down and go with him. He threw the wood directly at the legs of the officer, and ran down cellar full speed, slamming the door after him. As soon as the constable could recover from the blow he had received, he followed the lad into the cellar; but he had escaped by another door, and gone to Isaac T. Hopper.

It was snowing fast, and when he arrived there in his shirt sleeves, his black wool plentifully powdered with snow, he was a laughable object to look upon. But his countenance showed that he was too thoroughly frightened and distressed to be a subject of mirth to any compassionate heart. Friend Hopper tried to comfort him by promising that he would protect him, and assuring him that he was now legally free. His agitation subsided in a short time, and he began to laugh heartily to think how he had upset the constable. The master soon came to Friend Hopper's house, described the lad's dress and appearance, and inquired whether he had seen him. He admitted that he had, but declined telling where he was. The master made some severe remarks about the meanness of tampering with gentlemen's servants, and went away. In about half an hour he returned with the constable and said Alderman Kepler desired his respects to Isaac T. Hopper, and wished to see him at his office. He replied, "I think it likely that Alderman Kepler has not much more respect for me than I have for him. If he has more business with me than I have with him, I am at home, and can be spoken with."

The master went away, but soon returned with two constables and a lawyer, who was very clamorous in his threats of what would be the consequences if the slave was not at once surrendered to the gentleman. One of the officers said he had a warrant to search the house. "Very well," replied Friend Hopper, "execute it."

"I have great respect for you," rejoined the officer. "I should be sorry to search your house by virtue of the warrant. I hope you will consent to my doing so without."

"There is no need of delicacy on this occasion," replied Friend Hopper. "Thou hadst better proceed to the extent of thy authority."

"You give your consent, do you?" inquired the officer.

He answered, "No, I do not. If thou hast a warrant, of course my consent is not necessary. Proceed to the full extent of thy authority. But if thou goest one inch beyond, thou wilt have reason to repent of it."

The party left the house utterly discomfited. He afterward learned that they had applied for a search-warrant, but could not procure one.

The first step in the process of securing the lad's freedom was to obtain proof that he had been in Philadelphia six months. The landlord of the hotel where the master lodged, refused to say anything on the subject, being unwilling to offend his lodger. But the servants were under no such prudential restraint; and from them Friend Hopper obtained testimony sufficient for his purpose. He then wrote a note to the alderman that he would be at his office with the lad at nine o'clock next morning, and requesting him to inform the claimant. In the mean time, he procured a writ of habeas corpus, to have it in readiness in case circumstances required it. The claimant made his appearance at the appointed hour, and stated how he had come to Philadelphia on a visit, and brought a slave to attend upon him. He descanted quite largely upon the courtesy due from citizens of one state to those of another state.

Friend Hopper was about to reply, when the magistrate interrupted him by saying, "I shall not interfere with the citizens of other states. I shall surrender the boy to his master. If he thinks he has a legal claim to his freedom, let him prosecute it in New-Jersey."

Friend Hopper said nothing, but gave a signal to have the writ served. The magistrate was highly offended, and asked in an angry tone, "What was your object in procuring a writ of habeas corpus?"

Friend Hopper replied, "From my knowledge of thee, I anticipated the result that has just occurred; and I determined to remove the case to a tribunal where I had confidence that justice would be done in the premises."

The Court of Common Pleas was then in session. The case was brought before it the next day, and after the examination of two or three witnesses, the lad was declared free.

A SLAVE HUNTER DEFEATED.

In 1810, a slave escaped from Virginia to Philadelphia. In a few months, his master heard where he was, and caused him to be arrested. He was a fine looking young man, apparently about thirty years old. When he was brought before Alderman Shoemaker, that magistrate's sympathy was so much excited, that he refused to try the case unless some one was present to defend the slave. Isaac T. Hopper was accordingly sent for. When he had heard a statement of the case, he asked the agent of the slaveholder to let him examine the Power of Attorney by which he had been authorized to arrest a "fugitive from labor," and carry him to Virginia. The agent denied his right to interfere, but Alderman Shoemaker informed him that Mr. Hopper was a member of the Emancipation Society, and had a right to be satisfied.

The Power of Attorney was correctly drawn, and had been acknowledged in Washington, before Bushrod Washington, one of the judges of the Supreme Court of the United States. Friend Hopper's keen eye could detect no available flaw in it. When the agent had been sworn to answer truly all questions relating to the case, he inquired whether the fugitive he was in search of had been advertised; if so, he wished to see the advertisement. It was handed to him, and he instantly noticed that it was headed "Sixty Dollars Reward."

"Art thou to receive sixty dollars for apprehending the man mentioned in this advertisement?" said he.

The agent replied, "I am to receive that sum provided I take him home to Virginia."

"How canst thou prove that the man thou hast arrested is the one here advertised?" inquired he.

The agent answered that he could swear to the fact.