The Underground Railroad - William Still (popular romance novels TXT) 📗

the meeting of the court, in the morning, the expected messenger was not there, and the ingenuity of the counsel was taxed still farther to procrastinate the important period. After three hours had been consumed in debate upon legal points, he, who was so anxiously looked for, came hurrying through the crowd, making his way toward the bench. His countenance and his movements soon convinced the wondering spectators that he was the bearer of gratifying news, and in a few minutes, the mystery of his absence was revealed, by the production of a document which was the fruit of his effort. The papers completely established the legal title of the mother and children to their freedom, and placed them out of the reach of further persecution. An attack of illness was the result of the extreme exertion and fatigue endured by this devoted man, in his earnest advocacy of the rights of these friendless beings.

The freedom of the husband and father, was, however, still in jeopardy. If the decision of the court should be against him, he would be torn from the bosom of his now joyful and emancipated family, and consigned to a life of bondage. To avert this calamity, the counsel for the prisoner suggested an expedient as humane as it was ingenious. He proposed that a writ of certiorari which would oblige the judge to remove the case to the Supreme Court and a habeas corpus from the Chief Justice of the State, should both be in readiness when the decision of the judge should be pronounced, in case that if it should be unfavorable, the writs might be at once served, and the prisoner remanded to the sheriff of the county, to be brought up before the Supreme Court at Trenton for another trial.

To procure these writs, it was necessary to obtain the signature of the chief justice of New Jersey, who resided at Newark, and again Thomas Shipley was ready to enter with alacrity into the service. He saw the importance of the measure, and that it would require prompt action, inasmuch as the decision of the judge would probably be pronounced on the following day. It fortunately happened that a friend was just about leaving for Newark, in his own conveyance, and feeling an interest in the case, he kindly invited friend Shipley to accompany him. They left in the afternoon, traveled all night, and arrived at Newark by daylight the following morning. The weary traveler was unwilling, however, to retire to bed, although the night was exceedingly cold and tempestuous, but he proceeded at once to the house of the chief justice. He called the worthy judge from his bed, offering the importance of his business, and the necessity of speedy action, as an apology for so unseasonable a visit. Chief Justice Hornblower, on being informed of the circumstances of the case, expressed his pleasure at having it in his power to accede to his wishes and treated him with a respect and kindness which the disinterested benevolence of his mission was calculated to inspire.

Having obtained the necessary papers, he left at once for Mount Holly, where he arrived on the following day, in time to place the writs in the hands of the sheriff, just before the decision of Judge H. was pronounced. Had he consulted his ease or convenience, and deferred his visit to Newark a few hours, or had he, as most men, under similar circumstances would have done, reposed his weary limbs, after a cold and dreary ride of eighty miles, in order to enable him to return with renewed strength, he would have arrived too late to render this meritorious effort effectual. As it was, he was there in time. The judge, according to the expectation of the friends of the colored man, gave his decision in favor of the slave-holders, and ordered poor Alexander to be given up to the tender mercies of the exasperated claimant. The decision sent a thrill of indignation through the anxious and excited multitude, which perhaps, was never equalled amongst the inhabitants of that quiet town. The friends of humanity had assembled from all parts of the country to witness the proceedings in the case. Many of them were personally acquainted with the prisoner; they knew him to be a man of intelligence and integrity; he was an industrious and orderly citizen, and was universally respected in the neighborhood. He was now about to be made a slave, and was declared to be the property of another. The father was about to be torn from his helpless children; the husband in defiance of the Divine command, was to be wrested from the fond embrace of his sorrowing wife, to spend his days in misery and toil. And this was to be done before the eyes of those who had a just regard for human rights, a hearty hatred of oppression. Is it wonderful, that under such circumstances, there should have been a deep abhorrence for the perpetrators of this outrage upon humanity, and a general sympathy for the innocent captive?

But it was decreed that those feelings of honest indignation should be speedily supplanted by the warm outpouring of public gratitude and joy. While the feeling of the spectators was in this state of intense interest and excitement, the judge, stern and inflexible in his purposes, and the clan of greedy claimants ready to seize upon their prey, the sheriff produced his writ of certiorari and handed it to the court. It was instantly returned, and the judge who sat unmoved, by a scene to which he was not unaccustomed, and conceiving, perhaps, that his official dignity was impugned, persisted in his determination that the prisoner should be handed over to the claimant. The prudence and foresight of Thomas Shipley and his friends had provided, however, for this anticipated difficulty. Happily for the prisoner, he was yet embraced under the provision of that constitution, which secured to him the protection of a habeas corpus, and this threw around him a shield which his enemies could not penetrate. A writ of habeas corpus, signed by the chief justice of the State and demanding the body of the prisoner, before the Supreme Court at its next term, was now produced!

The astonished judge found himself completely foiled. He had exercised his authority to its utmost limit, in support of the claims of his slave-holding friends, and had given the influence of his station and character, to bolster up the "patriarchal institution;" but it was all in vain. Just as they supposed they had achieved a victory, they were obliged with fallen crests, to succumb to the dictates of a higher tribunal, and to see their victim conveyed beyond their reach in the safe keeping of the sheriff.

In the Third month, (March,) the case was brought up before the Supreme Court for final adjudication. In the meantime, Thomas Shipley adopted vigorous measures to have the facts collected and arranged. He procured the aid of an intelligent and humane friend of the cause, who resided near Trenton, to attend, personally to the case, and secured the legal services of Theodore Frelinghuysen, well known as one of the most gifted and virtuous statesmen of the age, and as a warm and zealous friend of the oppressed. Under these happy auspices, the case came before the Supreme Court, and gave rise to a highly interesting and important argument; in which the distinguished Frelinghuysen appeared as the disinterested advocate of the prisoner, and urged upon the court his claim to liberty, under the laws of New Jersey, in a speech which was one of his most brilliant and eloquent efforts, and added another to the many laurels which his genius and philanthropy have achieved.

The opinion of Chief Justice Hornblower was given at length, and is said to have displayed a soundness and extent of legal knowledge, with a spirit of mildness and humanity, well worthy of the highest judicial tribunal of New Jersey.

By this decision, Alexander Helmsley was declared to be a freeman, and returned with rejoicing into the bosom of his family, and to the enjoyment of the rights and privileges of a free citizen.

Thus terminated this interesting case, which for several months agitated the public mind of Burlington county, to an extent almost unequalled.

Such disinterested devotion to the defence of the rights of the oppressed, had it been displayed only in the instance recited, would be sufficient to enroll the name of Thomas Shipley on the list of the benefactors of his race; but when we consider that, for a period of twenty years, his history abounds in similar incidents, and that he uniformly stood forth as the unflinching advocate of the oppressed, regardless of the sacrifices which he was obliged to make on their behalf, we are disposed to view him as one of that noble band whose lives have been consecrated to deeds of charity and benevolence, and whose names will illumine the moral firmament, so long as virtue and truth shall command the homage of mankind.

Thomas Shipley was one of the founders of the American Anti-Slavery Society, and was an active agent in those stirring movements which soon aroused the nation to a full consideration of the enormities of Slavery. He was a prominent member of the Anti-slavery Convention, which assembled in this city in 1833, and a signer of their declaration of sentiments.

During the last few years of his life, he was more devotedly engaged in his abolition labors than at any previous period. It was his constant desire to diffuse the principles which had been so fearlessly proclaimed by the Convention, and to encourage the formation of Anti-slavery societies throughout the sphere of his influence. He was one of the most prominent members of the Philadelphia Anti-slavery Society, which was formed through much opposition, in 1835, and he steadily adhered to its meetings, notwithstanding the threats which were so loudly made by the enemies of public order.

In the midst of the popular commotions and tumults, which marked the progress of Anti-slavery principles, he stood calm and unmoved. Having been long known as a firm friend of the rights of the colored man, and being amongst the most efficient public advocates of his cause, he was of course subjected to the revilings which were so liberally heaped upon the Abolitionists at that time. His name was associated with that of Tappan, Birney, Green, Jay, Garrison, and other leading Abolitionists, who were singled out by slave-holders and their abettors as fit subjects for the merciless attacks of excited mobs.

In several attempts which were made in this city to stir up the passions of the ignorant against the advocates of human rights, his person and property were openly threatened with assault. Such menaces failed, however, to deter him from the steady performance of what he believed to be a solemn duty. Being fully satisfied of the truth of the principles which he had espoused, he relied with unwavering confidence upon Divine power for their ultimate triumph, and for the protection of those who advocated them. When his friends expressed their anxiety for his safety, he always allayed their apprehensions, and evinced by the firmness and benignity of his manner that he was divested of the fear of man, and acted under the influence of that spirit which is from above.

The active part which Thomas Shipley took in Anti-slavery movements, did not diminish his interest in the prosperity and usefulness of the old Pennsylvania Society. He was a steady attendant on its meetings, and exercised his wonted care on all subjects connected with its interests.

A short time previous to his death, his services were acknowledged by his fellow-members, by his election to the office of president.

The incessant and fatiguing labors in which he was engaged, had sensibly affected the vigor of a constitution naturally delicate, and rendered him peculiarly liable to the