tate of Slavery.
What evidence has there been of any of these facts? There has been no
evidence offered that the prisoner was a slave by the law of
Virginia!--There has been no evidence offered that he was the slave of
Mr. Debree! There has been no evidence offered that he was a fugitive
from a state of slavery! Mr. Riley's return upon the warrant, stating
that he had arrested "the within named Shadrach," was admitted as
evidence. I solemnly protested against the reception of the return as
evidence in a criminal proceeding between other parties; but it was
received, and for a while held to be conclusive. But, in answer to my
question, Mr. Riley replied that he did not know the man he arrested to
be the man named in the warrant. And how could he know it? This
nullified the return, and the government had no evidence. The District
Attorney saw this, and rising in his seat, in a threatening tone, said
to Mr. Riley, "I warn you, sir, not to give that testimony!" The
testimony was true, and it was admitted by the court. Why was Mr. Riley
warned? He was warned for private reasons. It was an official warning,
by the agent of the Executive to one of its servants.
_Mr. Lunt_--I deny that it was a private warning. It was public, and for
proper reasons.
_Mr. Dana_--It was for private, or secret reasons, not given, not
apparent,--some political or governmental terror, known only to the
parties. There is no escape from this. The bar saw it. The audience saw
it. It is graven with a pen of iron, and laid up in the rock forever!
All evidence of identity having failed, the government is driven to its
last shift. Col. Thomas is called in, and he testifies that the agent of
Mr. Debree said to him, in the Court-room, when the prisoner was brought
in, "That is my boy!" This is hearsay evidence upon hearsay evidence. It
is monstrous! Yet on this slender thread of illegal testimony, hung all
the evidence of the facts of identity, slavery and escape. If it is
enough to prove that the man rescued was the man in custody, and upon
whom the Court was sitting in fact, no one denies it. But if it be
necessary to show that the man in custody was the man named in the
warrant, or that he was a slave, and a fugitive slave, there has been no
competent evidence of any of those facts, and no evidence at all but of
one of them.
This man was not rescued from the Court. The Court had adjourned. The
Marshal had chosen to make the Court-room a slave ja
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