History of Marietta and Washington County, Ohio, and representative citizens, Part 19

Author: Andrews, Martin Register, 1842-; Hathaway, Seymour J
Publication date: 1902
Publisher: Chicago : Biographical Pub. Co.
Number of Pages: 1490

USA > Ohio > Washington County > Marietta > History of Marietta and Washington County, Ohio, and representative citizens > Part 19

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Fcsolved. That the members of the Anti-Slavery Society, from their standing in the community, and from their general character as mer of information, are beneath the notice of the good citizens of Marietta. and our remonstrance. disstading them from their course, would be like "turning a fool from his folly." Resolved, That in justice to ourselves, we are bound to treat these deluded youngsters with silent contempt.

kosolved, That the citizens of Marietta consider the abolition of slavery altogether out of our sphere of action, living as we do, in a free State. and we do ap- prove of the trite saying. "every man mind his own business." and we will leave the white negroes of the North and the black negroes of the South, to manage their own concerns.

Resolved. That the laws of Ohio, relative to the introduction cf. and residence among us, of free black -. should be enforced, and every one. who fails to gie

the security requirel by law, nous be dealt with as the law directs.

Resolved, That if the Abontion Society contine to hold meetings in this town, it will be in insolent de - fiance of this meeting, and of public opinion.

ANTI-SLAVERY MEETINGS.

The Washington County Anti-Slavery Society held its meeting on the 17th of Octo- ber, 1836, in the Baptist Meeting House in Marietta. A committee that had been ap- pointed to prepare a petition to Congress, re- specting slavery in the District of Columbia, made its report. A committee was then ap- pointed to circulate the petition in the county, being constituted as follows: Marietta,-T. Post, J. C. McCoy. L. Temple; Fearing,-J. M. Amlin ; Salem,-D. G. Stanley ; Lawrence, -William Hill; Ludlow,-John Newton; Wesley .- Philo Mathews : Adams, - Garrard; Aurelius,-H. Jackson; Barlow .- James Lawton ; Union,-T. Ridgway: Deca- tur,-J. Haynes; Watertown,-Joseph N. Ford: Waterford,-Thomas H. Corey; Bel- pre,-John Stone: Warren,-J. J. Hollister ; Grand View,-Charles Talbot; Newport,- William Green; Roxbury,-Nathan Proctor. Among the resolutions adopted at this meet- ing were the following :

Resolved, That the past success anl the present prospects of the Anti-Slavery cause should inspire us with renewed confidence in its principles and measures.

Resol:cd. That the Society disclaim and intention to treat disrespectfully any person or any communica- tion addressed to them as a Society; and therefore recommend to the officer- of this society to pursue a conciliatory course.

Resolved, That a committee be appointed to draft a memorial to Congress for the grant of a tract of land for the free people of color.

Resolved, That the deepest gratitude and highest praise is due to our worthy Mayor. Anselm T. Rye, for the noble and patriotic stand taken by himself on this occasion in protecting us from the lawless violence while in the exercise of our dearest rights, guaranteed to us by the Constitution and laws of our land, inas- much as his example is among the foremost of such a redeeming spirit in our country, from the all devonring vortex of pro-slavery proscri tion.

The second annual meeting of the Wash- ington County Anti-Slavery Society was held in Fearing in 1837. Rev. Luke De Witt pre-

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HISTORY OF MARIETTA AND WASHINGTON COUNTY,

siding. The constitution was amended, so that "The Society shall hold an annual meet- ing on the third Wednesday of October, at which time the officers of the Society for the ensuing years shall be chosen, and a quarterly meeting on the third Wednesday of January, April and July."

The committee appointed at the last meet- ing of the Society, to draft a petition to Con- gress for the grant of a piece of land for the people of color, reported, which report was accepted, but not adopted. Among the resolu- tions adopted at this meeting were the follow- ing :

Resolved, That every member of this Society, and every friend of the Anti-Slavery cause ought to make strenuous exertions to make known the evils of slavery in the Northern States, as they exist in the South.

Resolved, That the alarming extent to which mobo- cratie violence has spread calls loudly upon the friends of good government to take a decided stand in the favor of the laws.

Resolved. That the right to discuss every measure of the government is essential to its well being, and that any system which requires the suppression of discus- sions is dangerous and ought to be abolished.

Resolved, That the daring attempts which have" been made to prohibit Anti-Slavery discussions, by law- less violence, only strengthen our previous conviction of the incompatibility of slavery with our free insti- tutions, and the necessary of its immediate abolition.

The officers elected for the ensuing year were as follows:

J. C. McCoy. President. D. G. Stanley, Vice-President. L. Temple. Secretary. Thomas Wickham, Treasurer. Col. Harry Hill, Salem: J. M. Amlin, Fearing : Rev. B. Roberts, Watertown; James Lawton. Barlow ; Johr Stone, Belpre; Thomas Ridgway. Union: Seth Hart. Harmar; Rev. A. Dana, Newport; T. Post, Rev. L. DeWitt, Marietta, Directors.

PUBLIC SENTIMENT IN 1837.

"The way it works. Whatever may have been the errors of all or any of those who late- ly have been engaged in canvassing 'Southern Institutions,' we are satisfied the cause of emancipation is progressing more rapidly than at any former period within the last half cen- tury. There are strange illusions abroad on

this subject. Some in the South suppose that the main portion of the North are Anti-Abo- litionists, and some that the Anti-Slavery feeling is the common one in the non-slave- hokling States. The last opinion is the true one. Put out of the question the men, whose opinions or pretensions in favor of Southern institutions are influenced by interesting ties of trade and politics, and the champions of those institutions would be very scarce.

"On the other hand, it seems generally supposed in the Free States, that great unan- imity of feeling and opinion exists in the South in regard to those cherished institutions. This, we are assured, is an utter mistake. The number of those who follow Mr. Jefferson, in this regard, is very great. Mr. Clay says decidedly and emphatically that slavery is a most enormous evil. And so would say mul- titudes of the best men of the South, if they were compelled to utter their sentiments. The following extract of a letter, dated May 5, 1837, and published in an Eastern paper, con- tains, we believe correct views on the sub- ject. The writer in giving an account of some conversations with a venerable and dis- tinguished minister of the Baptist denomina- tion, in North Carolina, says :-

Of course ] had a conversation with Father C. on the subject of slavery. He says he believes the North- ern Abolitionists are, many of them, honest, though misguided, men: and also that he knows of no man in North Carolina, who, like Messrs. MeDuffie, and Cal- houn of South Carolina, regards slavery as good. He considers it as an evil, and wishes the land was delivered of it. His views of the subject are like those of thou- sands in Maryland. Virginia, North Carolina, Tennessee ind Kentucky. I hope to see these five States added to the number of Free States. The discussions of the last five years have awakened the consciences of thon- sands, and the issue will be favorable to the slave and to the cause of freedom.

"It seems to us that the Abolitionists are exceedingly indiscreet in the harsh and indis- criminate censure they pour forth upon all salve-holders and upon the entire South. If their rebuke and their agitations, in their opinion, are necessary, still intemperance, not to say injustice, does not subserve any good canse. But let none suppose that the rebukes of the North are unheard. \ citizen of one of

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the Free States, not many months ago, ob- served to a distinguished Southerner, that the operations of the Abolitionists were impeding the cause of emancipation-or to that effect ; -'Sir,' said the Southerner, 'you are mistaken. Depend upon it, these agitations have put the slave-holders to a very serious thinking.'"

THE OHIO KIDNAPING CASE.

(From the Marietta Intelligencer.)

July 24, 1845 .-

"On the night of the 9th inst., Creighton J. Loraine, Peter M. Garner, and Mordecai E. Thomas, all citizens of Decatur township, in this county, were seized on the Ohio shore by a body of men from Virginia taken by force, and without process of law, to Parkersburg, where they were committed to jail. On the 18th inst., they were examined before a called County Court, and committed for trial before the Supreme Court to be hekl in September next-bail for their appearance having been refused. The facts that led to the abduction of these men are these :

"On the evening of the 9th, six negroes. claimed as the slaves of John H. Harwood, living 12 miles below Parkersburg, made their escape into Ohio. Mr. Harwood having knowledge of their purpose, secured the ser- vices of some of his neighbors, who came over in advance of the negroes, and concealed them- selves near the bank. Soon after midnight the negroes came over, and were met on the bank by Loraine, Garner, Thomas, and four others, who were aiding them in the removal of their baggage from the canoe when the three above-named were seized, as above stat- ed, and taken to Virginia, together with five of the negroes.

"With the defense of these captured men. or of those who may aid slaves when escaping we have nothing to do. If the offenses are committed against the laws of Virginia, with- in her jurisdiction, let the offenders be legally demanded of the Governor of Ohio, the crim- inals removed by legal process, and the penalty of the violated law inflicted.

"The claim that Virginia sets up is, that citizens of Ohio, and who have never set foot on Virginian soil, are amenable to her laws! That is bad enough-too bad-so bad that a Kentucky jury upon their oaths would not, and we trust a Virginia jury will not, sanc- tion. But in this case, Ohio citizens are seized upon their own soil, and without pro- cess of law removed by people of another State from our territory by violence, under a pre- tense that they have committed a crime- where? not in Virginia, but in their own State, to whose laws alone they are amenable, and where alone they can have a constitutional trial-viz. : by a jury in the county where the act was done.

"And will the citizens of Ohio, will the authorities of the State, quietly submit to such indignities? They will merit the scorn of all men if they do. If our laws will permit a foreign mob to seize free men. citizens of Ohio. and violently carry them as felons into a for- eign jurisdiction, let not henceforth be said that they are made for our protection.

"'Ah, but these were fanatics, meddling with what was none of their business-incen- chiaries, negro stealers! Tell us not that ; for if they were, and we care not what beside, the right to kidnap them confers the right to kid- nap the best citizens in the State, and whoever woukl himself be safe must repel the principle as unjust, unholy, and full of wrong.'

INVASION Of OHIO.

"Capture of Ohio Citizens in Ohio by Virginians-Transportation across the Ohio River-Incarceration and detention by Vir- ginia Judicial Authority in Parkersburg Jail- Bail refused.

"( Our readers will recollect that in giving an account last week, of the outrage by Vir- ginians, we gave the absence of the editor as a reason of its not being noticed in our previ- ous number. The first part of the following communication was written for our last, but not seasonably received. We note this lest any who should read this without having seen our last, might infer that we had not noticed the affair previously to this time .- Ed. )

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HISTORY OF MARIETTA AND WASHINGTON COUNTY,

"On the 9th of July, 1845, an armed force crossed over from Wood County, Va., and placed itself in an ambush above the mouth of the Little Hocking. They say they came in the employ of John H. Harwood, to prevent the expected escape of his slaves. They saw several men pass down the road. Some time after midnight they heard the paddles of a ca- noe coming from Virginia. They heard voices from it, and, as they supposed, responses from the Ohio shore. The waylayers hurried from their ambush among the pawpaws, passed down the road on the bank and descended, but found they were too low ; re-ascended, till they were opposite the canoe-saw it was filled and floating away-saw a crowd on shore which they met at some distance from the wa- ter, seized three white men, two of whom were carrying baggage-took five negroes-one woman, three children and an old man. One negro man was suffered to escape, but the three white men, Loraine. Ganrer, and Thomas, were forcibly taken across the Ohio River to Park- ersburg-committed to jail by Gardner and another magistrate-refused intercourse with their Ohio friends excepting one with a Vir- ginina attorney; which attorney, for himself and junior colleague, demanded $450 for de- fending them, and finally obtained from citi- zens of Ohio $50 for appearing before the Call Court on Friday, July 18, 1845.

"Three attorneys of Marietta were em- played by citizens of Ohio to appear at that court in the defense. They were told by the younger of the Virginia counsel that the pris- oners did not wish any attorney from Ohio to interfere in their case. One of the counsel from Ohio requested permission to appear in vindication of the rights and jurisdiction of Ohio. This was refused. After the promise of $50 was obtained from a citizen of Ohio, by the elder Virginia counsel, he invited Mr. Whittlesey of Marietta to assist-retaining the examination of witnesses in his own hand.

"There was undoubtedly a plot laid in Vir- ginia to entrap men in Ohio. Harwood, with a professed knowledge that his slaves would escape across the Ohio on a certain night, em- ploys men-not to retain the slaves in Virgin-

ia, but, professedly to stop them on the Ohio side. Harwood swears that the negroes took with them his property to the amount of $100 to $150. Harwood knew they were going and suffered them to take this property ( prob- ably their own clothing principally), including a saddle and a martingale.

"The Supreme Court of the United States decided, about a quarter of a century ago, that low-water mark was the boundary of the States northwest of the Ohio. That court is the only tribunal which could settle that boun- ‹lary-and yet it is claimed by Virginia-at least in Parkersburg-that some dictum of a Virginia Judge Smith coutervails that deci- sion.

"Nothing was done by the prisoners with- out the jurisdiction of Ohio. But it was ex- pressed, claimed and insisted upon, by the prosecution before the Call Court, that the captors had a right to take those prisoners in Ohio and have them tried in Virginia. The prisoners were detained by the examining court for trial in the Superior Court of Vir- ginia ; and furthermore, the examining court refused to admit them to bail, though the counsel for the prosecution allowed they had the power to do so.

"We think it is time for Ohio to vindicate her right. Funds should be raised to employ counsel, obtain the best legal advice, and pros- ecute legal measures for the release of our captured citizens, the assertion of our rights, and the maintenance of our peace and dignity.

"Our call is not confined to the citizens of Washington County, but it is addressed to all citizens of Ohio who unite with us in opinion on this subject."

Many a Buckeye.

WHAT THEY SAY IN PARKERSBURG.

(From the Parkersburg Gasette of July 17. 1845.)- Arrest of Abolitionists .- For several years past slaves have been escaping from their masters, and al- though in every instance pursuit has been made, yet in very few instances has it been of any avail. This is owing to the fact that there is in Ohio an organized band, who have provided hiding places and a line of covered wagons in which the runaway slaves are trans- ported by night and sometimes by day to the Canada

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line. The laws of Ohio have winked at these proceed- ings, if indeed the late legislation of tha: State on the subject has not operated to favor the plans of the Abolitionist». The consequence is that three citizens of Ohio are now confined in the jail at this place on a charge of carrying away or aiding the escape of slaves from this county and Commonwealth.

The facts, as we are informed, are as follows: Information was recently received that the slaves of John H. Harwood. Esq., living at Washington, this county, about 12 miles below this place. would attempt an escape on the night of Wednesday last. Six gentlemen ot that neighborhood crossed the river after dark and concealed themselves on the Ohio side. About two o'clock on the morning of Thursday, six of Mr. Harwood's negroes came across and were received by a party of whites at least seven in rumber ; and while the latter were engaged in assisting the former and their baggage from the canoe, the concealed Virginians made a deseent upon them, and after a severe struggle succeeded in capturing and securing five of the blacks and three of the whites. The latter were brought to this place, and after an examination before William S. Gardner and John Stephenson, Esquires, were fully committed.

As the offense of which these men are accused is a felony under our laws, an examining court has been summoned for Friday next (18th inst. ). We forbear comment at least until the result is known. Although our citizens have been greatly exasperated by the events of the last few years, of which the one which gave rise to these remarks is the last. every disposition is manifested to give the accused a fair trial and, if found guilty, to leave them in the hands of the law.

"The emphasizing is ours. There was no evidence before the Call Court that the prison- ers assisted 'the negroes and their baggage from the canoe.'

"It is evident from this Parkersburg article that the Virginia gentlemen invaded Ohio to make the capture here. That they have knowingly and intentionally captured 'three citizens of Ohio'-transported them to Park- ersburg Jail to be punished in order to intin- idate the people of Ohio. 'If found guilty,' these prisoners are magnanimously to be 'left in the hands of the law' !- if not, we hear,- and this article rather 'gives color to the idea' -that they are to be assigned to the tender mercies of Judge Lynch."

THE 1 A1T. COL'RT.

( From the Parkersburg Gazette, of July 24. 1845.)- The trial of Garner, Thomas and Loraine, con- finel in inil here. under the charge of adding the es- rape of slaves of the county and Commonwealth, or- curred on last Friday, in the presence of a considerable assemblage of person- from the country on this and 8

the other side of the Ohio River. Messr .. Stringer and Spencer of this place appeared for the prisoners, and of two gentlemen of the bar of Marietta, who attended for the purpose of assisting in the defense, the prison- ers accepted one (Mr. Whittle-cy). constituting to- gether a very able and faithful defense, as was ad- mittel on all sides at the close of the trial.

In the absence of Gen. J. J. Jackson, the attorney for the Commonwealth in the county, the prosecution was conducted with a high degree of fairness and ability, by P. J. Van Winkle, Esq., of this place. The result was the remanding of the prisoners for further trial at the Cirenit Superior Court on the first of September. We may have a word to say about this matter on its merits, at some înture time. but not now ; because our citizens intend that the final trial shall be, as it is on all sides admitted that the trial before the examining court has been, a fair one. And they intend firmly to abide by its issue, be it what it may. So that we purposely refrain from going into the que -- tion at this time, and until after the final trial. The Court expressed themselves desirous to almit the prisoners to bail, but regretted that it did not consist with their duties to do so.

"The 'high degree of fairness and ability' evinced by the prosecution, however, it may be accepted by some Virginians-we would hope not very many-would have been held quite otherwise, had the like occurred in Ohio.

"The prisoners had been denied free and unrestrained intercourse with friends and kin- dred from Ohio-were excessively intimidated -and were cajoled into the belief that they could not safely admit the counsel-three, not 'two'-sent by their friends in Ohio to aid in their defense. P. G. Van Winkle, Esq., ob- jected to counsel appearing in behalf of the violated rights of Ohio, unless formally au- thorized by the Governor of Ohio. He dwelt much on the limited power of the Court, and advanced the most ultra sophistical and offen- sive pretensions of the rights and dominion of Virginia 'Northwest of the River Ohio.' We cannot well suppose that Virginia will concur in these assumptions.

"We hope the newspaper press of Ohio will pay that attention to the subject which its unspeakable importance demands. It is evi- dlent that Virginians are quite prone to view the people of Ohio as too spiritless to vindicate their rights. Let them now be vindicated, le- gally, peaceably, but firmly, and infinite mis- chief may be prevented from occurring here- after.

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"We give extracts from the Cincinnati Gasette-

Many a Buckeye.

OHIOANS CAPTURED! GREAT EXCITEMENT !

On the evening of the oth. three men from Ohio. Mr. C. Loraine, Mr. Garner, and Mr. Thomas, all of Washington County. Ohio, were seized on the Ohio shore. by a body of men from Virginia. and lodged in jail at Parkersburg upon the charge that they had aided the escape of slaves.

We have nothing to say in defense of any man. or set of men, who will entice slaves away. If caught. let the law have its course." But we have something to say against our citizens being seized on their own soil. and without process of law, by people of another State. to be tried before the tribunals of that State. They may be wrong every way: had at heart and bad in conduct : but they should not be troubled if Ohio has the means or the power to protect them. The law of a State is limited to the territory of the State. Beyond. it is a dead letter, and if for slavery, or for anything else, this principle is violated. our State government- are in effect annihilated. If this were allowed. Ohioans may seize Virginians for being slave-holders, and punish them, just as Virginians may seize Ohioans for aiding the escape of slaves. Such a state of things would result in anarchy-and if general would des- troy the government.

We wish our friends in Ohio to be firm, but cool. Mahan was seized on the same grounds, and in the same way nearly: but a Kentucky court and jury ac- quitted him without a moment's hesitation. The ap- peal in this case is to the law. Let it be fairly met. and we do not believe the result doubtful. No jury upon their oath --- no judge-no law-would sanction a principle so fatal in all its consequences, as that neces- sary to convict and punish these Ohioans, viz. : that the law of Virginia extend into Ohio. See that the best counsel i- obtained in Virginia, and to that add the ablest men of our State. Indeed, in all such cases we would. if practicable, have the State speak and act through her highest officers, so that her citizens may feel everywhere that they are protected in all their home rights."

"The abduction of Ohio citizens is such an aggravated offense upon the rights of men, and against the sovereignty of the State, as to excite, as it ought, great and general indigna- tion. We have spoken freely upon the sub- ject. and the press of the State, and of other States, almost universally re-iterates our lan- guage or speaks, in still stronger terms. We cannot copy many evidences of the spirit of the press, but here is an extract we find, with re- marks of approval, in the National Intelligen- cer. copied from the Cincinnati Gasette, which

shows a State pride as well as personal indig- nation :-

These Ohioans have been kidnapped on our and their soil. and while violating no law of home, by peo- ple irom a foreign State, and are now held as felons in a foreign jail. It will never do to tolerate the idea that the people of any State may invade our territory by force, and by force capture and imprison our citi- zens. We shall be despised, and ought to be despised. as poltroon in spirit, and coward at heart, if we sluggishly fold our arms and say nothing and do nothing to meet wrongs of so outrageous a character. No man need to talk to us of the character of the men seized in this particular casc. None need speak of what they attempted to do, or did. The right to seize the poorest and meanest citizen of Ohio by force, confers. if not resisted. the right to seize the best citizen of the State. Let us see whether there be vir- tue in the writ of habeas corpus, or the law, and let us know. too, speedily whether the citizens of Vir- ginia, or any other State, may invade our soil, bear away our people, and doom them as felons. against justice, right, and law, without any remedy on our part. except the last remedy which God and Nature have put into our hands.

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History of Marietta and Washington County, Ohio, and representative citizens, Part 19

Author: Andrews, Martin Register, 1842-; Hathaway, Seymour J Publication date: 1902 Publisher: Chicago : Biographical Pub. Co. Number of Pages: 1490

Author: Andrews, Martin Register, 1842-; Hathaway, Seymour J
Publication date: 1902
Publisher: Chicago : Biographical Pub. Co.
Number of Pages: 1490