The Fugitive Slave Case
IN BOSTON.
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Great Meeting In Faneuil Hall.
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SPEECH OF WENDELL PHILLIPS.
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Attack upon the Court House - Arrest of
the Rescuers - A Kidnapper Killed -
The Military Called Out.
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The Commissioners Court - Postponement of
the Case of Burns.
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Arrest of the Fugitive.
We learn of from Boston papers of Thursday evening, and from other sources, the particulars of another disgraceful outrage, perpetrated upon the soil of Massachusetts, by the minions of the slave power, who have just robbed us of our right to the territories which were given to us, by a solemn compact, more than thirty years ago.
Having broken their plighted faith - so solemnly pledged to the North - they have dared, upon the instant, to invade our soil with their hellish emissaries, in order to render our humiliation more complete.
The particulars of the arrest, and subsequent proceedings, so far as they have transpired, are given below:
A colored man, named Anthony Burns, who is said to have made his escape from Richmond, Va., last March, and came to Boston, where he has been at work, in the employ of Coffin Pitts, a colored dealer in clothing, was returning peaceably to his home, on Wednesday evening, at about eight oclock, when he was arrested by officers Coolidge, Riley, and Laighton, acting under the orders of Watson Freeman, U.S. Marshal, and by virtue of a warrant issued by U.S. Commissioner Edward G. Loring.
The prisoner submitted to his arrest without any resistance, and was forthwith escorted to quarters in the Court House, where he was put under a strong guard of officers for the night. The arrest was so quietly and speedily performed that but very few persons, except the officers drafted in readiness for the occasion, were aware of the proceedings, and thus there was no excitement created.
On Thursday morning, the prisoner was arraigned before Commissioner Loring, in the U.S. Court Room, upon a complaint alleging that he "owed service and labor" to Colonel Charles F. Suttle, a merchant of Alexandria, Va., having clandestinely escaped therefrom on the 24th of March last, when he left Virginia for Massachusetts.
Messrs. Seth J. Thomas and Edward G. Parker appeared as counsel for the claimant and Messrs. Richard H. Dana, Jr., and Chas M. Ellis volunteered for the prisoner. Sundry legal papers, tending to establish the claim, were exhibited to the Court, and in addition, William Breut, a merchant of Richmond, testified to the ownership of Colonel Suttle, and identified the prisoner as the human "chattel."
Mr. R. H. Dana, Jr., moved a postponement, on the ground that the prisoner was not prepared to make his defence.
Mr. Parker opposed a postponement, on the ground that the claimant was here from a distance. The slave, he said, was willing to go back.
Mr. Dana said the counsel misunderstood him. The defendant, from the novelty of his situation and from other causes, was not in a condition to decide whether he wanted to make a defence. Having been put forward as counsel to act for the person, he felt it to be his duty to urge that an opportunity should be given to the prisoner to speak and decide for himself.
A plea of guilty after the commencement of the case, was refused in another Court yesterday, and even if the prisoner here should rise in his place, and refuse the aid of counsel, and express his willingness to go back with his master, the Court should not, in the present stage, entertain the proposition.
C. M. Ellis, Esq., also argued in favor of postponement. He stated that a decision in so important a case, should not be given until the fullest and fairest trial, and this they had a right to demand. There could be no fear of delay, with the power of the U. States and Massachusetts to sustain the authorities; the only fear is that justice may not be done. - The prisoner has the right to have all the allegations made against him proved, and also to be provided with counsel to advise him and conduct his defence.
There is also a necessity, he said, for delay, in order that the friends of the prisoner may deliberate as the course they shall pursue. In conclusion, he argued that justice, meagre as it is under this law, should be meted out; but there should be no violence, no Court House in chains, but a full and fair investigation of the case.
The Commissioner then addressed the prisoner, who seemed somewhat frightened at his position, and informed him that it was his right to have all the allegations made against him, proved by the clearest testimony; that he had also the right to have counsel and friends, and that if he desired a postponement he should accord it to him.
The prisoner seemed in great doubt what to say: He glanced around the court room, apparently in search of some one. After a few moments delay, he, in a low voice, asked to have the case postponed.
The U.S. Commissioner then addressed the counsel for the claimant, saying that the prisoner wished time to prepare a defence, and that therefore he should postpone the further consideration of the case to Saturday morning, at 9 oclock.
The prisoner was then remanded into the custody of the U.S. Marshal. During the night he had an interview with his former master and, it was stated, gave his consent to go back.
The proceedings were conducted with great decorum, no sign of any disorder being manifested.
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The Meeting in Faneuil Hall.
On Friday evening, Faneuil Hall was filled to overflowing, with the people of Boston and vicinity, to consider what steps should be taken to save Massachusetts from the disgrace of having a man, who claimed the protection of her laws, taken by violence from her metropolis and consigned to perpetual slavery. So intense was the feeling of the community, that at seven oclock it was impossible to gain admittance, and thousands who wished to get in were disappointed.
The meeting was called to order at 7 oclock, by S.E. Sewell, Esq., and the following persons were chosen officers of the meeting:
For President,- George Russell, Esq., of Roxbury.
Vice Presidents, - Samuel G. Howe, William B. Spooner, Francis Jackson, Timothy Gilbert, Rev. Mr. Grames, of Boston; Francis W. Bard, of Walpole; Albert G. Browne, Salem; Gershom B. Weston; Duxbury; T.W. Higginson, Worcester; Charles Ellis, Roxbury; Samuel Wales, Jr., Samuel Downer, Jr.
Secretaries,- William I. Bowditch, and Robert Morris, of Boston.
Judge Russell, made an eloquent address upon taking the chair.
He said, among the contigencies to which a man is liable, he should have said yesterday the last was, that he should be asked to preside over a meeting to consider the arrest of a fugitice slave in Boston. Only the day before he had said that a fugitive slave would never be arrested in and taken from Boston. He was mistaken in part; God grant that he might not be in the whole. The boast said to have been made by a slaveholder, that he would count his slaves on Bunker Hill, will not be mere words if this thing is consummated. Slavery, he said, has thrown off the mask and avowed the object of making one great slave country here. We have yielded and yielded - until compromise has become concession, and concession has become a disgrace.
The question arises whether the men of Boston, of New England, of Faneuil Hall, are slave catchers; whether they are willing to do what it debases a man at the South to do?
The meeting he said has been called without distinction of party, to protest against a great wrong, not to counsel violence. For himself he had hoped to live and die in a free land, but the despotism of the slave power had become more and more intolerable, until it had come to this, that Massachusetts law and the Massachusetts Constitution were powerless to protect citizens of our Commonwealth within her own borders. Judge Russells remarks were received with tremendous applause.
Francis W. Bird, of Walpole, next addressed the meeting. He denounced in terms of just severity the servile tools of the slave power, who were the hired agents and employees of the kidnapper, and held up to the scorn of the audience, the pusilanimity and hypocrisy of the Boston papers in regard to the kidnapping of Burns. Those papers, he said, published this morning as a fact that the slave wanted to go back with his master. The slave had declared that he had no wish or desire to go back, and yet the newspapers had refused to contradict the statements they had made unless they did it in their advertising columns and received pay for so doing. They were willing to lie for nothing, but could only be prevailed upon to tell the truth by being paid for it.
He said: There are many mean men in Boston, and I had the pleasure of telling one of them to-day, to his face, that he was a mean, sneaking dog. (Cheers.) It was one of the editors of the Traveller. You know poor Burns was arrested under the lying pretence of having broken into a jewellers shop, and the watchmen or police of Boston assisted in it.
The papers all said that he said he wanted to go back, his owner was so kind. To-day he told friends who called on him, that his statement was a lie (good); that he not only did not want to go back, but that he never said so to any living man, and asked "if I want to go back what am I here for?" He appointed Coffin Pitts, and Wendell Phillips, his attorneys, and asked them to do all in their power to prevent his being carried back. I drew up, in the form of a certificate, his statement, and carried it to the Traveller office, and asked if there was time to get it in, saying they would of course be glad to publish it as a matter of news. There was time to get it in, but it must be paid for; a dollar and a half, and I paid it. After the clerk had taken the money, a man came in, who, he said, was one of the editors, and I was referred to him. I told the clerk to give him my compliments, and tell him this was a mean, sneaking concern,
John L. Switt, Esq., of Cambridge, then took the stand, and delivered an eloquent address, which stirred the hearts of that vast audience to the highest pitch of indignant enthusiasm.
Mr. Swift was followed by Dr. S. G. Howe, of Boston, who offered for the consideration of the meeting, the following series of Resolves:
Resolved, That the people of Massachusetts having declared in the first article of their Constitution that "all men are born free and equal, and have certain natural, essential and inalienable rights," are solemnly bound to stand by their declarations, by refusing to recognize the existence of any man as a slave on the soil of the old Bay State.
Wendell Phillps then came forward amid the most vociferous cheers, and spoke as follows:
SPEECH OF WENDELL PHILLIPS.
[Phonographically reported for the "Spy."]
Mr. Chairman and Fellow Citizens: - You have called me to this platform - for what? - do you wish to know what I want? I want that man set free in the streets of Boston. - (Great cheering.) I was glad fellow citizens, to hear your loud applause when my friend, Mr. Swift, recognized the fact, that to-day, in distinction from the effort we made for Thomas Sims, the city government is on our side. (applause.) If they had only done so earlier! If the city police had been ordered then, as they are ordered, now, not to lift a finger (tumultuous applause) in behalf of the kidnappers, on pain of dismission - if they had been told that under John P. Bigelow, as they are under Mayor Smith, Thomas Sims would have been here to-day, to thank Boston for is liberty and life. (Three cheers were given for Mayor Smith.)
Fellow citizens, to-morrow is to determine whether we are worthy of our city government: whether we are ready to do the duty which they leave us to do. (Applause.) - There is no law in Massachusetts, and I hold, that when law ceases, the soverignty of the people begins. I am against "squatter sovereignty" in Nebraska, and I am against kidnapper sovereignty in the streets of Boston. - (Great applause.) Yet, this is just the stae of things to-day. I went to see that poor man this morning, and stood with him face to face. He was arrested early in the evening, night before last, as he was returning from his work, by seven men, with the customary lie that he was taken up for breaking into a store, and that if he would submit quietly and be examined for half and hour, there would be no difficulty. And with that lie he was got into the Court House, and there between four walls, with a dozen special officers, under Marshal Freeman, about him, the pretence was dropped, and his master appeared. Mark me! His master appeared. (Cries of "No!" "No!" he has no master!) See to it, fellow citizens, that in the streets of Boston, you ratify the verdict of Faneuil Hall to-night, that Anthony Burns has no master but God! (Sensation, followed by enthasiastic cheers.)
I say, Mr. Chairman, the first man admitted to that room was Col. Suttle, of Virginia. What right had he there? None at all - none whatever! The unfortunate man was carried into Court before an infamous Slave Commissioner, Edward G. Loring - a man whom the State of Massachusetts appoints a Judge of Probate. (Nine groans for him were given, with considerable unction.) Let us remember, Mr. Chairman, next winter, that we go before the Legislature of Massachusetts, and demand that such a Judge of Probate shall no longer disgrace the State. (Cries of "good," "good," and loud applause.)
But, Mr. Chairman, I said Col. Suttle was admitted - for what? To question the man; - to find out whether he would acknowledge himself a slave; to take advantage of his fear, of his confusion, of his ignorance! The master, the slaveholder, the kidnapper, is admitted to see him. Not one single friend, - neither his employer, nor his clergyman, nor any body, could be admitted to converse with him. I went this morning, with his clergyman, to Marshal Freeman, after Mr. Loring had granted a couple of days delay, in order that he might consider what he should do and we asked to be admitted to him. "No, sir," said the Marshal, "you cannot see him. I do not admit anybody but his counsel to see him." I replied he has no counsel. Said I, Mr. Freeman, why did you admit Mr. Suttle to see him last night? He made me only an evasive answer, he had none other to make. That is one-sided justice in the State of Massachusetts. That room has been open to the slaveholders, that they might mould, and overawe, and bully, and catch in his talk, and confuse the poor trembling fugitive; but of his own friends, his companions, nobody was admitted to see him. It was but by chance that he had counsel in the State of Massachusetts. It was simply because friends made their way, in spite of Marshal Freeman, into the court-room, and offered their services, to preserve him from the hands of the manhunters. This I am telling you as a specimen to kidnapper sovereignty over the city of Boston at the present moment.
A poor ignorant man, arrested by a lie - overawed by his master - surrounded with jailors - dragged into court at the earliest hour - about to be hurried into slavery, without friends, a moment of deliberation, or the aid of counsel - this is Boston!
Well gentleman, we sued out a writ. The State of Massachusetts has a statute, made to meet this very case, by which the man shall be taken from the hands of the Marshal, on proper security, - and we offered him five thousand dollars bonds, - and then it should be placed before a jury, to say how much, if anything, a kidnapper is entitled to. Mr. Freeman puts his foot against the door of that slave pen, and defies the State of Massachusetts. I say again, when law ceases in the city of Boston, it is time for the sovereignty of the people to begin. (Repeated cheers.) The city government stands neutral; let us govern the city. (Cries of "good," "good" and loud cheers.)
The question, to-morrow, is, fellow-citizens, whether Virginia conquers Massachusetts. - ("No." "Never.") If that man leaves the city of Boston, Massachusetts is a conquered State. There is not a State in the Union - not one, even the basest, - that would submit to have that fugitive slave leave it. New York has her Syracuse to point to, where Jerry was sent to Canada. (Loud applause) Illinois has her Chicago to point to, the home of Mr. Douglas, where she rescued a slave from his hunters; and young Wisconsin, the youthful daughter of New England, can point to the hundred men of Racine, who marched to Milwaukee, and took a slave out of the hands of the kidnappers. (Great applause.) The Buckeye State of Ohio has placed an undying star on her State arms, for she, too, has rescued a slave. And Pennsylvania, that repudiates her money debts, has more than paid the world for her repudiation, for she actually shot the slave-hunter, Gorsuch, down. (Great cheering.) I used to blush, fellow-citizens, when I thought of Pennsylvania, the land that forgot to pay its debts. But she washed it all out by the blood of the slaveholder on the soil of Pennsylvania.
In Rhode Island, fellow citizens, you know they have no law reports. The consequence is, the judges do not pay much respect to the decisions of their predecessors; and so it is said of old Senator Burgess, that he was one day arguing a case, when the judge said to him, "You need not go on with your argument, Mr. Burgess, we settled it against you last year." "Yes, I know you did," said old Tristram, "and you settled it for me the year before. I want to find out now which way you mean to stick." (Laughter.) Now, fellow citizens, in the celebrated case of Boston and the slave Shadrach, which you will recollect took place in the Court House, and Mr. Shadrach took up his residence in Canada on that occasion - in that celebrated case, we settled the slave law one way - that slaves were not to go back. Well, the next year, they settled the slave law the other way, and sent Thomas Sims back to bondage. To-morrow the question is, which way will you stick? Will you adhere to the precedent of Thomas Sims? ("No! No!") carried down State St. betwixt two or three hundred men, between moon-setting and sun-rising? Or will you adhere to some other precedent, of the year before, when we exhibited such love for the increase of our population, that we preferred to keep these strangers about us? (Cries of "Thats it," and cheers.) If you have any feeling about it, let me say to you that I have been engaged for seventeen years in talking about the slave. I have talked often in these halls. I do not know that I have talked to any purpose; but it seems to me that if two fugitives are taken out of the city of Boston within three years, I have talked to no purpose at all. Nebraska! Why, it is knocking a man down; but, on the heel of that, claiming a fugitive slave is like spitting in his face when you have got him down.
Gentlemen, when I heard of this slave case I confess I despaired. When I heard he was incarcereated in those four walls where Thomas Sims was confined, my heart sunk within me. But to-day, I went to look into his eye, a noble intelligent, honest, christian-hearted man, who, when we spoke to him of the lies in the newspapers, replied so tersely, so pithily so comprehensively- "If I wanted to go back, sir, why am I here?" I felt my courage renewed. It was a plea that none of you could resist. See to it, every man of you that loves Boston, that you watch these things so closely that you can look into that mans eyes. (Applause.) When he comes up for his trial, get a sight of him. (Great Applause.) When he comes out of his trial, get a sight of him. (Great cheering.) Wherever he stands in the streets of Boston, dont lose sight of him - I dont mean to. (Enthusiastic cheers.) I tell you, fellow citizens, there is nothing like the mute eloquence of a suffering man, to stir your hearts do your duty as children of Faneuil Hall. (Applause.) I want you to see him - every man of you. I want you to be wherever he is, and I will trust the result. (Cheers.) When you adjourn, be like our friend who has just addressed you, (J. L. Swift) on perpetual guard. What I mean is, that if this great sacrament of slavery or liberty is to be celebrated, let us see it - let us watch it. If, fellow citizens, the streets of Boston are to be so often desecrated by the sight of a returning slave, let us have it to tell to our children, that we actually stood and saw it done - if it is to be done. (Cries of "Never! Never!")
Fellow citizens, I will not detain you any longer. (Cries of "Go on! Go on!") But there is no use of Faneuil Halls. Faneuil Hall is up in the purlieus of that Court House, where, to-morrow, the children of Otis and Hancock are to prove that they are not bastards. (Applause.) I saw a young Virginian this afternoon, and he said, "Why, you could not do such a thing as this in Virginia." For Gods sake, let us make Boston worth living in. (Cheers.) My friend, the Chairman, says he hopes to live and die in a land of liberty. If he lives over to-morrow, and a slave warrant is executed in State Street, I advise him to change his domicile, for he will be no longer in a land of liberty.
Fellow citizens, my resolution is this. We have no right to the noble language of those resolutions. We have no right to say that this thing is an insult to this city of Boston. It is not. It is no insult. The quiet and tame submission of the city of Boston to the kidnapping of Thomas Sims, forfeits the right to call this an insult. My resolution is, for me, that I will try so to behave in this case, that we shall wipe off the stain of Thomas Sims, so that no kidnapper shall again dare to show his face in the city of Boston. (Cries of "Good," and cheers.) Make your resolution, as I do. See that man for yourselves; and never lose sight of him, so long as his feet rest on Massachusetts soil. Who says aye to that? (Clamorous shouts of "Aye, aye," and enthusiastic applause.)
When Mr. Phillips had concluded his eloquent speech, Rev. Theodore Parker, being loudly called for, came forward to address the assembled multitude.
SPEECH OF REV. THEO. PARKER
[Photographically reported for the "Spy."]
Fellow Subjects of Virginia (Loud cries of "No," "no," and "you must take that back!") Fellow citizens of Boston, then, -("Yes," "yes,") I come to condole with you at this second disgrace that is heaped on the city, made illustrious by some of those faces that were once so familiar to our eyes. (Alluding to the portraits of the great men of the past, which once hung conspiciously in Faneuil Hall, but which have been removed to obscure and out-of-the-way locations.) Fellow Citizens, a deed which Virginia commands, has just been done in the city of John Hancock, and the "brace of Adamses." It was done by a Boston hand. It was a Boston man who issued the warrant; it was a Boston Marshal that put it in execution; they are Boston men who are seeking to kidnap a citizen of Massachusetts; and send him into Slavery for ever and ever. It is our fault that it is so. Eight years ago, a Merchant of Boston "kidnapped a man on the highroad between Faneuil Hall and Old Quincy," at 12 oclock, -at the noon of day, -and the next day mechanics of this city, exhibited the half eagles that they had received, for their share of the spoils, in enslaving a brother man. You called a meeting in this hall. It was as crowded as it is now. I stood side by side with my friend and former neighbor, your honorable and noble Chairman to-night, (loud cheers,) and that man who had fought for the cause of liberty in Greece, and been imprisoned for that sacred cause in the dungeons of Poland, (Dr. Samuel G. Howe,) stood here and introduced to the audience, that "old man eloquent," John Quincy Adams. (Loud cheers.) It was the last time he ever stood in Faneuil Hall. He came to defend the inalienable rights of a friendless negro Slave, kidnapped in Boston. There is even no picture of John Quincy Adams to-night. A Suffolk Grand Jury could find no indictment against the Boston Merchant, for kidnapping that man. ("Shame," "shame.") If Boston had spoken then, we should not have been here to-night. We should have had no Fugitive Slave Bill. When that Bill passed, we fired a hundred guns. Dont you remember the Union meeting, held in this very Hall? A man stood on this platform, -he is a Judge of the Supreme Court now, - and he said when a certain "Reverend gentleman" is indicted for perjury, I should like to ask him how he will answer the charge? And when that "Reverend gentleman" rose, and asked "Do you want an answer now to your question?" Faneuil Hall cried out "no," "no," "Throw him over!" Had Faneuil Hall spoken then, on the side of Truth and Freedom, we should not now be the subjects of Virginia. Yes, we are the vassals of Virginia. It reaches its arm over the graves of our mothers, and it kidnaps men in the city of the Puritans, over the graves of Samuel Adams, and John Hancock, [Cries of "shame."] "Shame!" so I say, but who is to blame. "There is no North," said Mr. Webster. There is none. The South goes clear up to the Canada line. No, gentlemen, there is no Boston, to-day. There was a Boston once. Now, there is a North suburb to the city of Alexandria, - that is what Boston is. [Laughter.] And you and I, fellow-subjects of the State of Virginia, [Cries of "no," "no,"] I will take it back when you show me the fact is not so Men and brothers, (brothers, at any rate,) I am an old man; I have heard hurrahs and cheers for liberty many times; I have heard hurrahs and cheers for liberty many times; I have not seen a great many deeds done for liberty. I ask you, are we to have deeds, as well as words? ["Yes," "yes," and loud cheers.]
Now, brethren, you are brothers at any rate, whether citizens of Massachusetts, or subjects of Va. (I am a minister) and, fellow-citizens of Boston, there are two great laws in this country; one of them is the law OF SLAVERY, that law is declared to be a "finality." Once the Constitution was formed "to establish justice, promote tranquility, and secure the blessings of liberty to ourselves and our posterity." Now, the Constitution is not to secure liberty; it is to extend slavery into Nebraska; and, when slavery is established there, in order to show what it is, there comes a sheriff from Alexandria, to kidnap a man in the city of Boston, and he gets a Judge of Probate, in the county of Suffolk, to issue a writ, and a Boston man to execute that writ! [Cries of "shame," "shame."]
Slavery tramples on the Constitution; it treads down State rights. Where are the rights of Massachusetts? A Fugitive Slave Law commissioner has got them all in his pocket. Where is the trial by jury? Watson Freeman has it under his Marshals staff. Where is the great right personal replevin, which our fathers wrested, several hundred years ago, from the tyrants who once lorded it over Great Britain? Judge Sprague trod it under his feet! Where is the sacred right of habeas corpus? Deputy Marshal Riley can crush it in his hands, and Boston does not say anything against it. Where are the laws of Massachusetts forbidding State edifices to be used as prisons for the incarceration of fugitives? They, too, are trampled under foot. "Slavery is a finality."
These men came from Virginia, to kidnap a man here. Once, this was Boston; now, it is a Northern suburb of Alexandria. At first, when they thought it was a difficult thing to do it. They had to get a mayor to help them; they had to call out the "Sims Brigade;" it took nine days to do it. Now, they are so confident that we are subjects of Virginia, that they do not even put chains round the Court House, the police have nothing to do with it. I was told, to-day, that one of the officers of the city said to twenty-eight policemen, if any man in the employment of the city, meddles in this business, he will be discharged from service, without a hearing. [Great applause.] Well, gentlemen, how do you think they received that declaration? They shouted, and hurrahed, and gave three cheers. [Renewed applause.] My friend, here, would not have the honor of presiding over you, to-night, if application had been made a little sooner to the Mayor. Another gentleman told me, that, when he was asked to preside at this meeting, he said that he regretted that all his time to-night was previously engaged. If he had known it earlier, he said, he might have been able to make arrangements to preside. When the man was arrested he told the marshal he regretted it, and that his sympathies were wholly with the slave. [Loud applause.] Fellow-citizens, remember that word. Hold your Mayor to it, and let it be seen that he has got a background, and a foreground, which will authorize him to repeat that word in public, and act it out in Faneuil Hall. I say, so confident are the slave agents, now, that they can carry off their slave, in the day-time, that they do not put chains round the Court House; they have got no soldiers billetted in Faneuil Hall, as in 1851. They think they can carry this man off, to-morrow morning, in a cab. [Voices "They cant do it." "Lets see them try."]
I say, there are two great laws in this country. One is the slave law. That is the law of the President of the United States; it is Senator Douglass law; it is the law of the Supreme Court of the United states; it is the law of the Commissiner; it is the law of every Marshal, and of every meanest ruffian whom the Marshal hires to execute his behests. There is another law, which my friend, Mr. Phillips, has described, in language such as I cannot equal, and therefore shall not try; I only state it in its plainest terms. It is the law of the people, when they are sure they are right, and determined to go ahead. [Cheers.]
Now, gentlemen, there was a Boston once, and you and I had fathers brave fathers; and mothers who stirred up those fathers to manly deeds. Well, gentlemen, once it came to pass that the British parliament enacted a "law" they called it a law issuing stamps here. What did your fathers do on that occasion? They said, in the language of Algernon Sydney, quoted in your resolutions, "that which is not just is not law, and that which is not law ought not to be obeyed." [Cheers.] They did not obey the stamp act. They did not call it a law, and the man that did call it a law, here eighty years ago would have had a very warm coat of tar and feathers on him. "They called it an "act," and they took the Commissioner who was here to execute it took him solemnly, manfully, - They didnt harm a hair of his head; they were non-residents, of a very potent sort, [laughter,] and made him take a solemn oath, that he would not issue a single stamp. He was brother-in-law of the Governor of the State, the servant of a royal master, exceedingly respectable, of great wealth, and once very popular; but they took him, and made him swear not to execute his commission; and so he kept his oath, and the stamp act went to its own place, and you know what that was. [Cheers.] That was an instance of the people going behind a wicked law to enact absolute justice into their justice, and making it common law. You know what they did with the tea.
Well, gentlemen, in the South there is a public opinion, (it is a very wicked public opinion,) which is stronger than law. When a colored seamen goes to Charleston from Boston, he is clapped instantly into jail, and kept there until the vessel is ready to sail, and the Boston merchant or master, must pay the bill, and the Boston blackman must feel the smart. That is a wicked example, set by the State of South Carolina. When Mr. Hoar, one of our most honored and respected fellow-citizens, was sent to Charleston, to test the legality of this iniquitous law, the citizens of Charleston ordered him off the premises, and he was glad to escape to save himself from further insult. There was no violence, no guns fired. That is an instance of the strength of public opinion of a most unjust and iniquitous public opinion.
Well, gentlemen, I say there is one law slave law; it is every where. There is another law, which also is a finality; and that law, it is in your hands and your arms, and you can put that in execution just when you see fit. Gentlemen, I am a clergyman and a man of peace; I love peace. But there is a means, and there is an end; Liberty is the end, and sometimes peace is not the means towards it. [Applause.] Now, I want to ask you, what you are going to do. (A voice "shoot, shoot.") There are ways of managing this matter, without shooting anybody. Be sure that these men, who have kidnapped a man in Boston, are cowards, every mothers son of them; and if we stand up there resolutely, and declare that this man shall not go out of the city of Boston, without shooting a gun, - [Cries of "Thats it," and great applause,] then he wont go back. Now, I am going to propose that when you adjourn, it be to meet in Court Square, tomorrow morning, at nine oclock. As many as are in favor of that motion will raise their hands. [A large number of hands were raised, but many voices cried out, "Lets go to-night," "lets pay a visit to the slave-catchers at the Revere House," etc., etc.] Do you propose to go to the Revere House to-night, then show your hands. [Some hands were held up.] It is not a vote. We shall meet in Court Square, at nine oclock, to-morrow morning.
Considerable confusion then occurred, the audience seeming undecided what course to pursue; when Mr. Phillips again took the platform, and spoke as already reported.
Great excitement followed, and the multitude seemed undecided how to act, when Mr. Phillops arose, and, with that matchless eloquence of his, that has given him the reputation of the first of New England orators, he clamed the excited multitude Mr. Phillips said: -
Fellow citizens; let us remember where we are, and what we are going to do. You have said, to-night, that you are going to vindicate the fair fame of Boston. You do not do it by going to groan before the Court House. [Give them a coat of tar and feathers.] You do not do it, fellow-citizens, by attempting the impossible feat of insulting a kidnapper. (Great cheering.) We are not wanted at the Revere House. We do not help Anthony Burns by going to the Court House. If there is any man here who has got an arm ready in the cause of justice; if there is any man here who is ready to sacrifice anything for the liberty of an oppressed man, he is to do it to-morrow. (Great applause.) No, fellow-citizens, I pledge you that if I thought it would go first to the Court House, or the Revere House.
I do not profess, fellow citizens, any amount of courage, but I have always professed this, and think I shall not be found wanting I trust in God I shall not be that whenever there is a fair probability of saving a slave from the hands of those who call themselves the officers of the law, by trampling under foot any statute, or any man, I will be ready to help any hundred men to do it. (Loud cheers.) What little reputation I ever had has gone long ago. (Loud cries of "No! No!") Well, then, fellow citizens, if I ever have any, I have got to win it, with you to-morrow, in open day light. We do not skulk. It is for Marshal Tukey, to skulk down State Street, between sunlight and moonlight; but when the sons of Faneuil Hall take that man out of the hands of the kidnapper, they shall do it in the face of the sun. I believe that the sympathies of the best men in the city are with us. I believe, and you will believe, even the bank vaults of State Street are ready for the rescue of Anthony Burns. I believe that the Whigs, callous as they are by long kicking, have been kicked once too often, (laughter and applause,) and that they now sympathize with us. Why, a friend of mine has said and let him believe it who can that John H. Pierson says the fugitive shant go back. (Three very feeble cheers were given for J. H. Pierson.) I will join in those cheers, when instead of saying so, he does something to prevent his going back. (Applause.)
Fellow citizens, what good will you do by going to either of those places to-night? They are to turn ourselves into one! I do not propose to become one of a mob. I propose, when I resist the laws of the nation the vile laws of the nation - to look in the face of you infamous Judge of Probate, and the faces of the miscreant officers of the government.
Fellow-citizens, do you suppose that that man could be carried by Marshal Freeman from this platform down to that door? (No,no.) well, it is in your power so to block every access and exit from that Court House, that it shall not be possible to carry him out of it, except by your permission. You can do it. Five hundred resolute men among you can do it. The best men in the city, as you count best men I count him the best man, who treads the Constitution and the Union under his feet (applause, and a few hisses) the best men among you, I say, as you count best men, are ready to say with us, that this man shall not leave the city of Boston. All that is asked of us, fellow-citizens, is not to baulk their efforts by the utterly useless, harmful, fatal step of showing ourselves a tumultuous, aimless, purposeless mob, before the pillars of the Revere House, for no end, only to put the enemies of Liberty more upon their guard; only to give the garrison notice; only to rob ourselves of the sympathy of the city.
No; it is not thus that Liberty is to be served; it is not thus that the laws of Massachusetts are to be vindicated. You that are to do the real work; you that are really ready to sacrifice something in behalf of this man, be not carried away by a momentary impulse, to a fatal indiscretion, which shall wreck the ship which may yet be piloted into a safe and successful harbor. (Loud cheers.) Let us go home to-night, fellow citizens. The zeal that will not keep till to-morrow, never will free a slave. If there is any man here who is afraid that his enthusiasm is so transient, like the crackling of thorns under a pot, that it will all be spent by to-morrow morning, let him put on his hat and go home this is no place for him. But if there is any man here, who, as Scott says
"Like red hot steel is the old mans ire;"
let him wait and be ready to do his duty to God and his brother to-morrow.
The great majority of the audience seemed to be impressed with the force of Mr. Phillipss arguments, and the meeting was about to adjourn in quiet, when a person in the gallery cried out with a stentorian voice, "that a large body of negroes were assembled in Court Square, determined to rescue the fugitive to-night." There was an immediate rush to the door, and the crowd, without organization, without leaders, or any settled purpose, proceeded to the Court House.
Entering upon the Eastern Avenue, in the space of a minute or two, several hundred people had collected, and the officers in the building closed the doors. Presently there was a rush to the West side, and a crowd of several hundred persons was assembled upon the opposite sidewalk. Several heads appeared from the windows in the third story, from one of which two pistols were discharged in quick succession.
This seemed to exasperate the crowd most intensely, and a rush was made to the door. Finding that it would not yield readily, a piece of joist about ten feet long, seven inches wide, and two inches thick, was procured, and with it some six or eight strong men, soon battered down the door. The menials of the kidnapper, inside, all armed to the teeth, made a desperate resistance in the entry way, with clubs and cutlasses, and, just at this juncture, a dozen policemen form the Centre Watch House, arrived upon the ground, and, in a few moments arrested several persons, and took them to the Watch House. While thus engaged, several pistol shots were heard in the entry, by those outside, one of which, it was afterwards ascertained, had resulted in the death of one of the hired assassins of Liberty, in the employ of the kidnappers, named James Batchelder. As but two of the persons of the crowd had effected an entrance into the building, and these were compelled immediately to retreat by the police force outside, who arrived at the very moment the door was broken down, there is every reason to believe that Batchelder fell by the demonstration made upon the door, and there can be little doubt, that in the darkness, confusion, and terror, that prevailed inside at the time, he received the fatal shot from one of the bungling assistants of the Marshal, who report says, had been supplied with an abundance of Dutch courage from a neighboring restorator.
After the arrests had been made, the crowd, although excited, remained quiet, but a new element was introduced by the arrival of a military company. The Boston Artillery, Captain Evans, were in the streets, for their usual drill. When they marched up Court Street, the mob at once supposed them to be the U.S. Marines, come to preserve order, and they were at once saluted with hisses, groans, and other marks of derision. Capt. Evans, seeing an excited crowd, and not knowing anything of the disturbance, immediately marched his command down the West side of the Court House, and halted in the square, the crowd giving way. When the cause of the appearance of the company was explained, the crowd gave them three cheers, and the company retired to their armory and were dismissed.
By order of the Mayor, the Boston Artillery and the Columbian Artillery were ordered out, and about midnight they took quarters in the City Hall, where they remained during the night, waiting further orders.
A large force of officers were detailed for duty during the night, outside the Court House, and, throughout the whole evening and night, an additional strong force was inside, fully armed, and prepared for any emergency.
About midnight, a steamboat was sent to Fort Independence, with an order from the Marshal for the troops at the post to come to the city equipped for service, and at an early hour on Saturday they were marched up State Street and quartered in the upper rooms of the Court House. Orders were also sent for the marines at the navy yard to come over, and a detachment of fifty men, most of them foreigners, were marched over in obedience to the summons; and shortly after, several companies of uniformed militia appeared upon the ground, and were afterwards quartered in various places in the vicinity.
During the whole forenoon, a crowd of persons, numbering at different times from two to ten thousand persons, were assembled in the square about the Court House. No demonstration of violence were made, but several young men were arrested for making a noise and for using language calculated to excite disorder. The Mayor appeared upon the steps of the Court House, about eleven oclock, and briefly addressed the crowd. He expressed regret at the assemblage, and warned the multitude, as good and peaceable citizens, to quietly go to their own homes, at the same time adding that a sufficient force was in readiness to preserve the public peace; and that at all hazards the laws of the city, the laws of the State, and the laws of the United States should be maintained.
The Journal states that it is currently reported that a telegraphic dispatch was on Wednesday, received from Washington, by the U.S. Marshal, directing him to have the fugitive slave trial put through as promptly as possible and the law carried out to the letter. Also authorizing him to call upon all the U. S. troops in the vicinity for assistance, and if needed to send to New York for reinforcements.
The Examination of the Fugitive Burns.
At eleven oclock, on Saturday morning, the Examination of the Fugitive ws resumed before commissioner Loring. Burns is a good looking negro, about 30 years of age, and carries upon his person the marks and scars inflected upon him by his brutal master, who, we are told, by a Virginia gentleman, who has known him for years, bears the reputation of being the most inhuman master in the county, in which he resides. Burns was brought into Court, hand cuffed and guarded by five desperate looking fellows, all of whom were armed with revolvers, the handles of which protruded from the pockets of their coats. The passage-ways were all strongly guarded by United States marines, and files of Soldiers occupied all the stairs.
The Master, who is a most desperate looking fellow, and who must have been in the mind's eye of Mrs. Stow, when she drew the portrait of the infamous Legree, sat stroking his goatee, in apparent unconcern of all about him, save that now and then he cast a contemptuous sneer towards the table of the reporters. A younger sprig of chivalry, with an imperial [?] upon his face, sat by his side occasionally indulging his venom with a scowl at the negro, and the negros Council. Next to him sat a large squint-eyed, toddy faced son of the Old Dominion, who appeared to be a looker on, in a state of halt stupor, and whose lineaments could only be comparisoned by reference to the character of "Devilbug," in Lippards romance of the "Quaker City," and next to him sat the man Brant, a sandy haired, white-livered looking scoundrel who is associated with Suttle, in the present kidnapping enterprise.
Commissioner Loring looked like a man who has an unpleasant duty to perform, from which he had rather be excused. He kept his eyes upon his papers and desk, and never once raised them so as to meet the gaze of the audience, during the whole Examination.
Ben. F. Hallet, though not employed in the case, occupied a conspicuous seat in the Court in order proably to make his skill in legal villany available in case it should be needed against the fugitive.
Seth J. Thomas, Esq, and Edward G. Parker, Esq., appeared as counsel for the claimants, and Richard H. Dana, Jr. and Charles M. Ellis, Esqs., for the fugitive.
Mr. Ellis asked for a further delay, for the purpose of preparing the case on the part of the fugitive. He said we were not counsel for the prisoner and the former hearing, but only interposed to secure public justice, and so that the proceedings might secure public respect. He said that it was mot till yesterday afternoon that Mr. Dana or himself felt at liberty to act for the prisoner. He understood that all persons except Mr. Dana were prohibited from access to the prisoner, and he did not feel at liberty after what had transpired here, to approach him and volunteer his counsel.
Mr. Parker objected to a further continuance of the case, on the ground that the law required the proceedings to be sumary, and that he did not believe the counsel for the fugitive had any defense to make.
Seth J. Thomas senior counsel for the claimant made a strong appeal to the Commisioner against delay, urging the excitement of the last night and other similar reasons in support of his appeal to have the case go on at once. He said that a delay at this time was no less reason to defeat the operation of this law than it would be to go to the other end of the Court House and rescue a man convicted for murder.
Mr. Dana replied to the arguments of the counsel upon the other side in a forcible and convincing argument such as we have never heard equalled.
He stated the simple question to be whether he shall be hurried into a trial now, or shall have reasonable time to prepare for it. He cited the Simms case, in which seven days delay was granted, and said we have not asked half that time. He stated the facts of the arrest of Burns, at night, under a false pretence, and his being hurried in here, and, up to that time, he had seen no one. I was going past the Court House, and heard therre was a fugitive here and came in voluntarily, and found the proceedings beginning, and offered him my services. I found him stupified, and acting under terror. I believe that the reason which governed Burns was that if he put the claimant to any delay he would suffer for it. Burns said I might defend him if I chose. I did not wish to take the responsibility under the circumstances.
Mr. Dana rehearsed the questioning of Burns by the Court, and the delay granted at his request. Burns was then left without counsel. An order was passed to admit me on Thursday to see him; but I was not willing to see him under the circumstances. He had not made up his mind that he wished to make a defence, and I had no right, as a member of this bar, to go to him until I had a request from him to act as his counsel. The next thing was to get some persons who should go and see him, and Mr. Grimes, the colored clergyman, and Deacon Pitts were selected.
They asked the Marshal for leave to visit him, and it was refused. He was told that the Marshal would not admit these friends, even if the Commissioner requested it. An order was procured, however, about noon yesterday, and the Marshal admitted them. It is less than twenty-four hours since that man was permitted to see him, and make known his wishes in regard to counsel. About two oclock yesterday his friends called on me, and said he wanted to make a defence, and asked me to appear as his counsel. Mr. Ellis was engaged about the same time. If he stopped there he should have good ground for delay but he would go further.
Mr. Dana stated other strong reasons for delay, and when he sat down, the Commissioner gave his opinion, without hesitancy, that the request or delay was reasonable and he adjourned the hearing until Monday, at eleven oclock.
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Arraignment of the Prisoners at the Police Court in Boston
Justice Rogers on the Bench. The arraignment of the persons arrested by the watch for being engaged in the attack on the Court House last night, and shooting James Batchelder, took place in the Police Court to-day, at twenty-minutes past 1 oclock.
The names of the prisoners are Albert J. Brown, Jr., (law student) of Cambridge; John J. Roberts, Walter Phoenix (colored; John Wesley (colored); Walter Bishop (colored); Thomas Jackson (colored); Henry Howe, Martin Stowell of Worcester, John Thompson.
The complaint was made by Deputy Chief Luther A. Ham, and charges the whole number, collectively, with having committed with malice aforethought a feloneous assault, on the 26th of May, 1854, upon the person of James Batchelder, with firearms loaded with powder and ball, and that they did kill and murder the said Batchelder.
Mr. Ham proposed to the Court that as the Government were not prepared to enter upon the case, the examination of the prisoners be postponed until Wednesday next.
Charles G. Davis, Esq., counsel for the prisoners, objected to the complaint, and said that all were charged with an offence not bailable merely for the purpose of keeping them in prison over the Sabbath. And he inquired of the prosecution, if some of them were not arrested before the alleged murder was committed. The reply was that it was expected to be proven that all acted in concert.
Mr. Davis said that the defence were now ready.
Mr. Ham said the government could not possibly be ready this afternoon. Wednesday, he thought the earliest period, and probably not until Thursday.
After some further conference between the counsel for defence and the Court, the Justice decided that the prisoners should be committed to jail until Tuesday next, at 11 oclock, when they will be brought up and examined, provided the Government shall be ready at that time. Boston Journal.
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Arrests on Saturday.
John C. Cluer, was arrested, on Saturday about 3 oclock, p.., was brought up on Monday, before Justice Cushing, of the Police Court, and was held to answer to a charge of murdering Bachelder, the assistant kidnapper. John Morrison was also arrested on the same charge, but was not examined on Monday. A stalwart colored man, named Nelson Hopewell was taken in Court Square, about half past 5 oclock, p.m. The Journal says that he was armed with a creese, which was stained with blood. The Journal would seem to insinuate that he slew Bachelder.
Eighteen persons were arrested and committed to custody on Saturday night. Others were taken up, but were soon afterwards discharged.
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Proposal to obtain Burns Freedom
On Saturday night the following document was drawn up in the office of Commissioner Loring, and promptly signed by several prominent citizens of Boston:
Boston, May 27, 1854
"We, the undersigned, agree to pay Anthony Burns, or order, the sum set against our respective names, for the purpose of enabling him to obtain his freedom from the United States Government, in the hands of whose officers he is now held as a slave."
Suttle had previously agreed to accept the sum of $1200, but when it was presented to him he made the frivolous excuse that his costs must also be settled, and on this ground refused to accept the cheques for the money. It was hoped on Saturday night that Burns would be freed in this way, but the Southern Shylock was inexorable, and would not relax his grasp upon him.
¾
Sunday.On Sunday the crowd was dept out of the Court Square by means of the avenues being closed with ropes, and policemen keeping guard. There were no arrests made for breach of the peace in the vicinity of the "Bastile." Several companies of soldiers were on duty, to see that the Fugitive Slave edict was executed; while the clergy generally prayed for the Slave.
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Monday.Early on Monday morning a crowd of people began to collect in Court Square, and was continually being augmented by accessions from the country towns. About noon the men of Worcester, with a banner bearing the words, Worcester Freedom Club, marched to Court Square, and were greeted with loud cheers. They marched round the Court House, amidst the plaudits of the multitude, and then proceeded to Meionaon Hall, where they were addressed by several speakers.
At 4 oclock p.m. all was quiet I the vicinity of the Court House, but the excitement was intense, and the universal sentiment was, that the slave should not go back.
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About 10 oclock, Burns was led into the Court House, manacled and guarded by a posse of the kidnapperss minions armed to the teeth, with revolvers and other weapons. The Court House was filled with spectators, who had obtained the special favor of being admitted, from some policemen or other.
The poor victim of the Compromise of 1850, looked sad and dispirited. He did not seem so anxious to go back, as some of the lying prints of Boston have intimated he was.
Mr. Ellis, Counsel for the defendant, protested against proceeding with the examination, under present circumstances. He protested that they should not proceed while the Counsel for the claimant bore arms, and while the defendant was in shackles. Mr. Ellis asked that there should be a fair hearing of the case, and that a Court of Jjustice be not packed with armed men, who stood round and prevented the citizens from having access to Court. He asked that the Court be held where such a disgraceful spectacle would be removed, for it was not fit that the proceedings of the Court should be continued under such circumstances.
The Commissioner ordered the examination to proceed.
B.F. Hallett, U.S. District Attorney, rose and defended the bearing of arms, by the Marshals aides. The Commissioner ordered him to sit down and tried to prevent his impertinent intrusiveness, but he refused to sit down until he had passed a eulogium on the U.S. Marshal.
Mr. Ellis objected to Loring proceeding as Commissioner, on the ground that he was not qualified, but this was over ruled. The case then commenced by William Brent being called, and testifying that he was a merchant of Richmond, Va.; was acquainted with Col. Charles F. Suttle, and had been for a long time; knew Anthony Burns; the black man in Court was the same the prisoner at the bar; he knew Burns in Stafford County, and bore the relation of a slave to a master, &c.
The witness testified to the admissions of Burns in relation to his being the slave of Col. Suttle. Mr. Ellis objected to such admissions being received as evidence, as the 6th chapter of the Fugitive Slave Law, expressly provides that in no trial under this act, shall the evidence of the alleged fugitive be received.
Seth Thomas argued that his testimony was not admissable, under the act, in favor of his freedom, but it could be received in the form of admissions in favor of his claimant.
The commissioner admitted the evidence.
After hearing evidence, and listening to the arguments of counsel, the Commissioner adjourned the case to Tuesday, to allow the defendanat the opportunity to rebut the evidence of Brent.
There are persons in Boston who knew Anthony Burns in that city, prior to the time alleged as that on which he made his escape from Virginia. Suttle, or Suttler, his pretended master, and Brent, the accomplice of Suttler, formerly stated that Anthony expressed his willingness to return; but this the poor captive indignantly denied. These ruffians would have no scruples in swearing falsely, in order to obtain his rendition.
Suttle came to the determination on Saturday night, not to sell Burns, in consequence of a telegraphic [message] dispatched from Washington, urging him not to relax his claim, upon any account, but to take the Slave back, in order to humiliate the North, and teach Massachusetts that she must yield implicit obedience to the Fugitive Slave Law. Every means, at the disposal of the federal government, are employed to take the Slave from Boston. The influence, the money, and the arms of the nation are placed at the service of kidnappers. The South is bound to have him, as they have Nebraska, and the North must submit. The trial is not finished, as we go to press. We need not say that Burns is ably defended. Richard H. Dana, and Mr. Ellis, his able and indefatigable Counsel, defend him without money, and without price.
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Great Meeting in WorcesterRally at the City Hall
Without the issuing of a single handbill or any previous notice, more than a thousand citizens of Worcester, were assembled in the City Hall, on Saturday evening, at the ringing of the bell. Speeches were made by W.W. Rice, Dr. O. Martin, Thomas Drew, T.W. Higginson, and S.S. Foster, all of which were received with the most enthusiastic applause. The most intense excitement prevails in regard to the disgraceful proceedings of the U.S. Government, in backing up the kidnappers of men upon the soil of Massachusetts. But one feeling pervades this entire community, Whigs, Democrats, and all seem to be animated by one common sentiment of earnest opposition to the infamous invasion of our soil by the desperadoes of the Southern States under the protection of the Army of the United States.
It was voted unanimously to lay aside business, on Monday, and proceed to Boston, en masse, there to meet the friends of Freedom and humanity, from other sections of the State, and to take counsel together upon the emergencies of the times.
Not less than nine hundred people from this section, went to Boston by the special and other trains, on Saturday, and a much larger number will be there to-day. The people of the country towns are aroused to a pitch of excitement, hitherto, never seen in Massachusetts, since the days of the Revolution. What the result may be, Heaven only knows, but one thing is certain, the administration and the South have raised a storm which can only be quelled when the manacles fall from the limbs of the last slave.
On Sunday evening, the City Hall was crammed to its utmost capacity, with an earnest and true hearted audience, brought together by the demonstrations, now being made, by the Slave power, of its authority in and over Massachusetts. Dr. Martin was called to the Chair, and made some stirring remarks on the occasion. Other able and eloquent addresses were made by D.F. Parker, Rev. Mr. Marrs, S.S. Foster, Thomas Drew, and others, all breathing the most determined feeling to fight the battle of Freedom and to use all proper means to prevent the return of any fugitive from bondage. In the course of Mr. Parkers remarks he renounced his former party allegiance, and expressed his determination, hereafter, to go for freedom to all mankind, every where. At the close of the meeting a contribution was taken up for the benefit of Martin Stowell, who is now imprisoned in Boston, and his sick family, amounting to $61.75. The meeting then adjourned to Court Square, in Boston, at 11 oclock, yesterday.