Ohio History Journal

THE RESCUE CASE OF 1857.

 

 

 

BENJ. F. PRINCE.

[Trustee Ohio State Archaeological and Historical Society, President

Clark County Historical Society and Professor of History and Political

Science, Wittenberg College, Springfield, Ohio.]

The years between 1830 and 1860 brought great strain to the

people of the United States. The long border line between the

slave and free states, stretching from the Atlantic on the east to

a great distance beyond the Mississippi River, was crossed by

many bondsmen seeking liberty for themselves and for their

families. Lines of communication between points, where were

located friends of the runaway slaves, were established in all di-

rections in the free states, and when once the slave had reached

a station on the underground railroad he was secretly conducted

from station to station until he found some place of fancied se-

curity. Those most timid and fearful of being carried back by

their pursuing masters did not stop in their flight until they had

crossed into Canada where they were free from any danger of

recapture.

To remain in the free states was always hazardous for the

absconding slave. In every community there were persons who,

either because of their desire to uphold the existing laws of the

Federal Government, or because attracted by the large reward

offered for the recapture of runaways, would give information of

such fugitives to the United States marshals. By those who

aided the negro on his flight such persons were contemptuously

called "negro-catchers." In consequence of the existence of the

two contending elements much bad feeling prevailed and hard

names were given by each party to the other.

The compromise of 1850 was intended to check the number

of fugitives escaping to liberty by making it possible for United

States marshals to follow and apprehend them through assistance

obtained by calling upon all citizens to aid in the capture of the

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The Rescue Case of 1857.             293

 

runaway slave. All those who refused to obey such summons

or resisted the seizure and return of such fugitives were liable to

arrest and, if found guilty before the proper court, to suffer fine

or imprisonment, or both. These harsh conditions of the law

only intensified the friends of the slave, and made them more

active in helping, secreting, and conducting those who were in

search of their freedom. As a result of the Fugitive Slave Law

more slaves, it is said, were helped to freedom between 1850 and

1860 than had escaped in all the previous sixty years of our gov-

ernment's history.

One of the celebrated fugitive cases occurred in 1857 in

Champaign, Clark, and Green Counties, Ohio, and is known as

The Rescue Case. Addison White, a fugitive slave from Ken-

tucky, was in the employ of Mr. Udney H. Hyde near Mechanics-

burg, Champaign County. He had escaped from his master dur-

ing the latter part of the year 1856. He was a man of great

physical strength and could have disposed of any number of

marshals in single combat. He was over six feet in height and

weighed over two hundred pounds, was muscular and had the

spirit to defend himself under all circumstances.

Mr. Hyde, by whom Addison was employed, was a well

known conductor and station manager of the underground rail-

road. During his residence in the village of Mechanicsburg he

had, up to May, 1857, helped five hundred and thirteen slaves in

their race for freedom, directing, feeding, and transporting them

in their dangerous journey. Of course suspicion well founded

attached to his conduct, not only by the community where he

lived, but also by the officers of the government. In the spring

of 1857. Mr. Hyde moved from the village of Mechanicsburg to

a farm about two and a half miles away.

The location of Addison became known through letters

which passed between him and his wife, who was a free woman,

still remaining in Kentucky. The letters from Addison to his

wife, whom he wished to come north, were mailed at Springfield

and those from his wife were sent to the same place. It was

charged by the newspapers that the Post Master at Springfield,

Mr. Wm. K. Boggs, discovered these communications passing

through his office and gave information of the location of Addi-

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son to the United States Marshal at Cincinnati. Charles Taylor

of Mechanicsburg, who became one of the chief actors in the case,

was charged with having written the letters sent by Addison to

his wife. These letters being intercepted also gave a clue to the

location of Addison. About two weeks before the attempted

seizure of this runaway a man by the name of Edward Lindsay

came to the home of Mr. Hyde and sought work, which was

given him. He had little to say but was observant of the condi-

tions and persons around the home of Mr. Hyde. He disap-

peared on the morning of the first visit of the marshals and was

never heard of again. This gave rise to the belief that he was a

spy sent by those interested in the recovery of Addison that there

might be no failure in the attempt to seize him and carry him

back to his master.

On May the 21st, 1857, B. P. Churchill and John C. Elliott,

Deputy United States Marshals, accompanied by Capt. John Pof-

fenbarger, Deputy United States Marshal for Champaign County,

with five Kentuckians, appeared about sunrise at the home of

Mr. Udney H. Hyde for the arrest of Addison. Their appear-

ance was first discovered by the fugitive, who saw them entering

the gate to the door yard. He at once took in the situation and

determined not to surrender his freedom without a struggle.

While building a new house on his farm Mr. Hyde was living in

a double log house which had a loft above the rooms below. To

this loft there was opening just large enough to admit one person

at a time. Here Addison took refuge armed with a large revolver

which he knew well how to use. It was said that for weeks prior

to this time he took frequent exercise in the use of fire arms that

he might become efficient in their manipulation should it become

necessary. Without ceremony the marshals, who had caught a

glimpse of Addison, entered the house and seeing the loose boards

which made the floor of the loft, moving, one of them fired a

shot gun through a crack to terrify the occupant above. Marshal

Elliott then mounted the ladder with a double barrel shot gun in

his hand. As soon as his head appeared above the floor, the fu-

gitive fired at him but the ball striking the gunbarrel of the mar-

shal glanced and thus saved his life, though the ball made a mark

on his cheek and took a nip of his ear.

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The Rescue Case of 1857.            295

By this time Mr. Hyde, who was lying in bed with a broken

ankle, was fully aroused, and gave directions as to what should

be done. One of his sons had been seized and was held by the

marshals. A daughter about fourteen years of age, now Mrs.

Amanda Shepherd of Mechanicsburg, Ohio, was directed to go

to the house of Russell Hyde, another son who lived some hun-

dreds of yards distant, and ask him to send word to the friends

of the Hydes in the village of Mechanicsburg. As the young

girl was passing out of the gate, the marshals divining her mis-

sion, called to her to come back, one threatening to put shackles

on her and another to shoot her if she did not do so. She did

not obey the summons and a race now took place between her

and one of the marshals. Being swift of foot and feeling respon-

sible for the delivery of the message, she outran her pursuer,

reached her brother's house, roused him from his morning slum-

bers, and stated her mission. He went to a neighbor's barn and

without his permission took one of his horses and rode with all

haste to Mechanicsburg and roused the people there. Most of

them in those days were in sympathy with the anti-slavery senti-

ment of the times. Soon a dangerous crowd was hurrying along

the pike which passed by the home of Mr. Hyde, carrying all

kinds of weapons from guns and pistols to pitchforks and clubs.

They soon filled the yard where the officers stood wondering what

next to do. After a short parly with them one of the assembled

crowd, who acted as leader in the matter, pulled out his watch

and gave the officers five minutes to leave the premises. After a

hurried conversation among themselves they concluded to with-

draw, and getting into their carriages they hastily drove away

without securing the fugitive for whom they had made the

journey.

The friends of Addison now put him in a place of safety.

He was moved from point to point and guarded with the utmost

secrecy. Mr. Hyde was fully aware that the affair was by no

means over and that charges would be brought against him for

harboring a runaway slave. Though suffering great pain from

his broken ankle he put himself in hiding for the next six or

eight months, at times in Ohio, and again in Indiana. He ven-

tured back once or twice but informers giving notice of his pres-

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ence, at once the marshals were on his track. The authorities

were anxious to get their hands on such a noted violator of the

laws of the United States.

Six days after the attempted arrest of Addison White, May

the 2₇th, Marshals Churchill and Elliott with a posse of men re-

appeared early in the morning in Mechanicsburg for the arrest

of Mr. Hyde, not knowing that he had taken flight. As the offi-

cers passed through the village their presence was noted and their

purpose divined. They were followed by Charles and Edward

Taylor and Hiram Gutridge. These three, with Russell Hyde,

who was at the home of his father in charge of the latter's in-

terests during his absence, became engaged in controversy with

the marshals with the result that the four were arrested on the

ground of obstructing United States officers in the discharge of

their duties, and also with aiding or harboring Addison, a fugitive

chattel. They were taken without warrant, a fact that played a

prominent part in the subsequent events. They were allowed

time to change their clothing and prepare somewhat for their

journey. At Mechanicsburg the prisoners were given to under-

stand by the citizens that if they did not care to proceed further

they should say so and they would be promptly released, but they

preferred to obey the officers who said that they intended to take

them to Urbana for a preliminary examination, which statement

was accepted by the friends of the prisoners. But after proceed-

ing some distance toward that town, the officers turned south fol-

lowed by Messrs. Buffington, Rutan, Colwell, and others. When

the marshals noticed them following they assailed them with

pistols and swore that their lives would be forfeit if they pro-

ceeded further in their pursuit. Mr. Colwell then hastily re-

turned to Urbana to secure a warrant for the arrest of the mar-

shals on the ground that they interfered with him in his rights on

the public highway.

But legal obstruction to the action of the United States Mar-

shals now took another turn, as the records of the Probate Court

of Champaign County now show, by the following document:

Mr. F. W. Greenough made an application for a writ of Ha-

beas Corpus as follows:

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The Rescue Case of 1857.                   297

 

"To S. V. Baldwin, Probate Judge of Champaign County, Ohio.

Edward Taylor, Charles Taylor, Hiram Gutridge, and Russell Hyde

respectfully present that they are detained and deprived of their liberty

by one Churchill without any legal authority. They therefore pray that

a writ of Habeas Corpus may be issued to the said Churchill command-

ing him to forthwith have the bodies of the said Charles Taylor, Edward

Taylor, Hiram Gutridge, and Russell Hyde together with the cause of

the detention before your honor, and that they be released from the

said imprisonment.

F. W. GREENOUGH.

Sworn to by said F. W. Greenough this 27th day of May A. D.

1857 before me,

SAMUEL V. BALDWIN,

Probate Judge Champaign County, Ohio."

This was followed by the issue of this writ:

"THE STATE OF OHIO

CHAMPAIGN COUNTY       SS

To the sheriffs of our several counties greeting:

We command you that the bodies of Charles Taylor, Hiram Gut-

ridge, Edward Taylor, and Russell Hyde of said county by one Churchill

imprisoned and restrained of their liberty without any legal authority

as is said, you take and have before me Samuel V. Baldwin, Judge of

Probate Court of said county, forthwith to do and receive what I shall

then and there consider, concerning them in their behalf. And summon

the said Churchill then and there to appear before me to show the

cause of the taking and detaining the said Charles Taylor, Edward

Taylor and Russell Hyde and Hiram Gutridge, and have you there then

this writ with your doings thereon.

Witness my hand and the seal of said Court at Urbana this 27th

of May A. D. 1857.

[Seal]                           SAMUEL V. BALDWIN,

Judge of Champaign Probate Court."

 

The reason for a change of course on the part of the United

States Marshals was the danger of entering a town of the size

of Urbana and whose people generally were hostile to the institu-

tion of slavery and against the enforcement of the Fugitive Slave

Law. After the marshals turned south with their prisoners they

concluded that it would be safer to shackle them that in case of

attack they could not escape out of their hands. The prisoners

were therefore bound and closely watched in their hasty journey

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through the country. Churchill was looking for trouble and re-

sistance somewhere, and in view of the use of methods open to

courts he is reported to have said "that no process of any court

could stop him, but only fighters superior to himself."

Armed with the writ of Habeas Corpus from the Probate

Court, Sheriff Clark of Champaign County, accompanied by the

town marshal of Urbana and others, started in pursuit of the

fleeing party. By this time the entire population of Urbana and

vicinity and of Mechanicsburg were aroused. Every horse and

vehicle that could be secured were put into use to overtake the

officers of the United States. It was the purpose of the officers

to pass through the eastern part of Clark County to South Charles-

ton and there take a train to Cincinnati on what was then known

as the Little Miami Railroad.

The writ before mentioned had been sent to Sheriff John E.

Layton of Clark county and placed in his hands by State Senator

Brand and Pierce Morris of Urbana. As soon as the writ was

received Sheriff Layton started for South Charleston, accompa-

nied by Deputy Sheriff William Compton and the gentlemen

from Urbana. Others from Springfield soon heard the news and

joined in the race to catch the marshals and liberate the four

prisoners. Sheriff Layton with Deputy Compton met Churchill

and his party at South Charleston, and seizing the bridles of their

horses stopped their further progress. He now attempted to

serve the writ in his hands, which Churchill was in no humor to

hear or obey. The sheriff was resisted and knocked down by a

stroke made with a Colt revolver and then so badly beaten that

he suffered all his after life from the rough treatment he then

received. Shots also were fired, Deputy Marshal Elliott ac-

knowledging in court afterwards that he had fired three times at

Compton because the latter had snapped a revolver at him.

By this time the pursuers from Urbana, among whom were

Ichabod Corwin, a noted lawyer, and later a prominent judge, and

many others of prominence, arrived. In the face of such a gath-

ering and excited throng Churchill and his party thought it wise

to depart, although their horses were jaded and all the men with

him were almost worn out by the long and exciting journey al-

ready made.

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The Rescue Case of 1857.             299

The pursuers were not in condition to follow at once.

Horses that had been driven at a rapid pace from Urbana, Me-

chanicsburg and Springfield were not fit for further urgent duty.

It was about half past nine in the evening when everything was

ready for an advance. Every kind of conveyance was sought and

used by the citizens from South Charleston and elsewhere in the

pursuit. Fresh horses had been secured from the surrounding

country which gave an advantage to the crowd of rescuers over

the fleeing marshals.

In the meantime another feature was added to the case. For

the assault on Sheriff Layton a warrant was issued by J. A. Hous-

ton, Justice of the Peace, for the arrest of Churchill and his party.

This warrant was placed in the hands of E. G. Coffin, Constable.

The officers thus armed with writ and warrant and accompanied

by a large crowd, the night race began.

Sheriff McIntire of Green County, in whose hands the writ

of Habeas Corpus had now been placed, joined in the pursuit.

All night long they pressed forward, passing through Green

County and entering Clinton County. Here about sunrise at the

little village of Lumberton the marshals with their prisoners were

overtaken. When the pursued saw that they were about to be

seized they broke and ran in every direction, even bursting

through doors that were yet unlocked by the peaceful owners who

had not yet risen for the duties of the day. Some of the abduct-

ing party escaped but ten of them with the four prisoners fell

into the hands of the local officers.

All returned to South Charleston where the United States

Marshals were arraigned before Justice Houston's Court on the

charge of assault and battery. They were found guilty as

charged, bound over to the Court of Common Pleas of Clark

County, were committed into the custody of E. G. Coffin, Con-

stable, brought to Springfield on the evening of the 28th, and in

default of bail passed the night in the county jail.

On the morning of the 29th the prisoners were brought be-

fore James L. Torbert, Probate Judge of Clark County, and ad-

mitted to bail in the sum of one hundred and fifty dollars each.

The following persons became their sureties: Dr. Cornelius

Smith, David Shaffer, William Reid, William Anderson, John F.

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300       Ohio Arch. and Hist. Society Publications.

 

Chorpenning, William Berger, and John Dillahunt. One of these

bondsmen is still living, Mr. John F. Chorpenning. The names

of the men admitted to bail as they appear on the docket of the

Probate Judge were as follows: B. P. Churchill, John C. Elliott,

Evan B. Carty, Jared M. Trader, Thomas Meara, Samuel B.

Garvey, James Darrell, Thodore D. Bentley, William H. Keifer,

John Puffenbarger.

As soon as they were released B. P. Churchill and John C.

Elliott were again arrested on warrant issued by James S. Chris-

tie, Justice of the Peace. The warrant was issued on the 28th,

and the following entry was made on said Justice's criminal

docket:

"Springfield Township, Clark County, O., May the 28th,

1857.

"This day before me, J. S. Christie, a Justice of the Peace

in and for said County of Clark, personally came William H.

Compton and made solemn oath that on the 27th day of May, A.

D. 1857, at said Clark County, Benjamin P. Churchill and John

C. Elliott did assault one John E. Layton with intent to commit a

murder upon the person of the said John E. Layton as affiant

verily believes. Took his affidavit thereof. Thereupon issued a

warrant for the bodies of the said Benjamin P. Churchill and

John C. Elliott and delivered the same to Emanuel Crossland,

Constable. May 2₉th, 1857, warrant returned with the bodies of

the within named Benjamin P. Churchill and John C. Elliott, en-

dorsed: I have the bodies of the within named B. P. Churchill

and John C. Elliott before the Justice, E. Crossland, Const.

Being satisfied that important witnesses for the state are absent,

and their testimony cannot be procured until tomorrow at 9

o'clock A. M., to which time the case was adjourned, and the de-

fendants allowed to remain in the custody of E. Crossland and

others at Dr. Aken's Hotel in said town and county during said

adjournment. Subpoenas issued for witnesses for the state

namely: Leonard Sprague, G. W. Jones, Milton Houston, Gid-

eon Landaker, T. Z. Nichols, L. T. Haight, Eunis Brown, E. G.

Coffin, Thomas Jones, Michael Way, Hester Landaker, Dr. T.

Height.

The defendants by their attorney, J. M. Hunt, now come and

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The Rescue Case of 1857.             301

 

move the court to quash the proceedings and discharge the de-

fendants in this case, which motion is continued for hearing till

tomorrow at 9 o'clock A. M."

"May the 30th, 1857, 9 o'clock the time to which the trial was

adjourned the parties appeared. J. S. Hauke, attorney for the

state, and J. M. Hunt, attorney for the defendants; when said

defendants by their attorney pleaded guilty and waived further

trial, attorney for the state consenting. Thereupon the said de-

fendants were ordered by me to enter into a recognizance in the

sum of fifteen hundred dollars each for their appearance at the

Court of Common Pleas at its next term to be holden in Clark

County, which they neglected to do. Thereupon I issued a mit-

timus for their commitment and delivered them over to E. Cross-

land, Constable."

The constable reports to the court that he committed these

persons into the custody of the jailer as directed.

On the complaint of the same William H. Compton made

under solemn oath, the other eight persons before mentioned were

also arrested on the 2₉th, charged with aiding and abetting

Churchill and Elliott in their assault upon John E. Layton. All

these persons were also brought before Justice Christie and for

the same reason their cases were deferred for trial to the follow-

ing morning. They passed the intervening night at the hotel of

Dr. Akens in charge of Constable Crossland and his assistants.

On complaint of William H. Compton a second warrant was

issued for the arrest of Benjamin P. Churchill and John C. Elliott

charging them with maliciously shooting at said Compton with

intent to wound him. When brought before the Court of Justice

Christie, through their attorney, J. M. Hunt, they pleaded guilty

and waived further trial. Their bond for their appearance at the

next term of Common Pleas Court was fixed at one thousand dol-

lars each, in default of which they were ordered to be transferred

to the county jail.

These notable prisoners were not compelled to languish many

hours in prison. While the events just narrated were transpiring

in Springfield the friends of Churchill and his company were

active in efforts to secure the transference of the prisoners and

their cases to the Federal Court at Cincinnati. Judge Humphrey

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H. Leavitt, who presided over the United States District Court

for Southern Ohio, ordered that they be released from the cus-

tody of Clark County and be brought before him. He com-

manded Sheriff John E. Layton so to do. The prisoners were

taken to Cincinnati by the first train.

This at once brought forward the old question as to which

party had precedence in the matter, the State of Ohio or the

United States. Those who believed that no right existed for a

United States Judge to release prisoners held under a state law

rested their opinion on an act of Congress of 1789, which de-

clared as follows:

"Either of the Judges of the Supreme Court as well as Judges

of the District Court shall have power to grant writs of Habeas

Corpus for the purpose of inquiry into the cause of commitment.

Provided that writs of Habeas Corpus shall in no case extend to

prisoners in jail, unless they are in custody under or by color of

the authority of the United States, or are necessary to be brought

into court to testify."  (Dunlap's Digest, 52.) This act made it

clear that a person sent to prison under the warrant of a state

could not be released by a court of the United States.

But another act passed in 1833 on account of nullification in

South Carolina where officers of the United States were likely

to be thrown into prison and whose speedy liberation would be

greatly desirable, read as follows:

"Either of the Justices of the Supreme Court, or a Judge of

any District Court of the United States in addition to the au-

thority already conferred by law, shall have power to grant

writs of Habeas Corpus in all cases of a prisoner or prisoners in

jail or confinement, where he or they shall be committed or con-

fined, on or by authority of law, for any act done or omitted to

be done in pursuance of law of the United States, or any order,

process, or decree of any Judge or Court thereof. Anything in

any act of Congress to the contrary notwithstanding." (Dunlap's

Digest, 381.)

When the marshals were brought into Judge Leavitt's Court

Attorney General Walcott appeared for the State of Ohio, and

United States District Attorney John O'Neal and Senator George

E. Pugh appeared for Churchill and his party. In his argument

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The Rescue Case of 1857.              303

 

Attorney Walcott said that the act of 1833 was a part of the

Force Bill passed for a specific purpose; that it was passed to re-

lieve Federal officers who might be seized and punished by state

authority for executing the revenue laws of the United States,

and that its power, therefore, did not extend to all cases of im-

prisonment for acts done even in violation of Federal laws.

He especially denied that the law of 1833 gave power to the

courts of the General Government to release prisoners held under

the authority of the States. He declared that a warrant issued

by a magistrate under the broad seal of State Sovereignty was of

equal validity within its scope to any process within the province

of Chief Justice Taney in his jurisdiction.

After hearing the case Judge Leavitt reserved his decision

until July the 16th. He held that at the time of the arrest the

marshal and his assistants were in the rightful and proper dis-

charge of their duties and so were not amenable to the laws of the

State of Ohio. They could not therefore be arrested and de-

tained for trial in the state courts. They were therefore released.

This decision was followed by numerous arrests made by the

United States of those charged with aiding and abetting the

Sheriff of Clark County. Of those taken from Clark County to

answer at Cincinnati were: John S. Hauke, Prosecuting Attor-

ney; John E. Layton, Sheriff; James S. Christie, Justice of the

Peace; James Fleming, Deputy Sheriff; John C. Miller, Lawyer;

W. H. Compton, Deputy Sheriff; Constables Temple and Cross-

land and George Brown of Springfield, and Dr. M. L. Houston

and E. G. Coffin, Constable of South Charleston. From Cham-

paign County State Senator J. C. Brand, Sheriff Clark, David

Rutan. Not all were arrested at one time, but as opportunity

and information warranted the act. The general charge against

them was resisting the United States officers in the discharge of

their duties. The proceedings showed that the chief cause of

action against Dr. Houston was that he had given aid to Sheriff

Layton. All were held to bail for the sum of fifteen hundred

dollars each. Their bondsmen were James F. Whiteman, A. D.

Rodgers, A. D. Coombs, Rodney Mason, and David Compton.

The trial for those bound over to the United States Court was

set for the following October.

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It will be remembered that on the morning of arrest at Lum-

berton there were writs for two classes of persons, the four men

from Mechanicsburg for whom the sheriffs had a writ of Habeas

Corpus, and the Deputy United States Marshals for whom the

constables held warrants. While the latter were taken to South

Charleston before Justice Houston, the former were conducted

to Urbana to be presented before Probate Judge Baldwin. His

docket shows that on May the 29th, 1857, Sheriff Clark "ap-

peared before me the said S. V. Baldwin Judge as aforesaid, in

open court, having with him the bodies of the said Edward Tay-

lor, Charles Taylor, Russell Hyde, and Hiram Gutridge, together

with said writ which is endorsed by said Sheriff thus, to-wit: 'I

have now in custody before the court the bodies of said Charles

Taylor, Edward Taylor, Russell Hyde, and Hiram Gutridge, ac-

cording to the command of the within writ. And I summoned the

said Churchill by whom said persons were detained forthwith to

appear &c as therein commanded. J. Clark, Jr., Sheriff,' and

thereupon the said Churchill being three times thus solemnly

called, came not and wholly failed to appear and to show cause of

the taking and detaining of the said Charles Taylor, Edward Tay-

lor, Russell Hyde, and Hiram Gutridge as by said writ required,

and there appearing no legal authority by which the said Churchill

is entitled to have and maintain the custody of the said Charles

Taylor, Edward Taylor, Russell Hyde, and Hiram Gutridge,

therefore it is ordered that the said Charles Taylor, Edward Tay-

lor, Russell Hyde, and Hiram Gutridge be and they are dis-

charged and set at liberty and that they go hence without a

day &c."

The writ of Judge Baldwin also bears the endorsement of

Daniel Lewis of Green County who says that he has the bodies

of the four persons commanded to be taken and has placed them

in custody of Sheriff Clark of Champaign County who will pre-

sent them before Probate Judge Baldwin.

In July following the four persons, Edward Taylor, Charles

Taylor, Russell Hyde, and Hiram Gutridge were arrested on war-

rant of the United States Court and taken to Cincinnati and

brought before Commissioner Newhall for examination. Gut-

ridge and Hyde were dismissed and the Taylors gave bail for

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The Rescue Case of 1857.             305

 

their appearance at the October term of the United States Court.

Mr. White of Fleming, Kentucky, to whom the slave Addison

belonged was present and testified that the latter had escaped in

1856 and was traced to Beaufort, to Springfield, and to Mechan-

icsburg, and that intercepted letters gave Addison's place of

hiding.

About the same time Sheriff Clark and State Senator J. C.

Brand were examined in Cincinnati before Commissioner Newhall

as to their connection with the case. Stanley Matthews was at-

torney for the United States; Judge Caldwell and Rodney Mason

for the defendant. Matthews became very bitter in his speech

toward those who would interfere with United States officers in

the pursuit of their duties.

Judge John A. Corwin, an attorney of Urbana, was drawn

into the defense of the Urbana prisoners before the conclusion of

their trial. He was one of the most eloquent and able lawyers

before the courts of Ohio. Of his effort on this occasion the

Cincinnati Commercial said, "Judge John A. Corwin for the de-

fense made by far the ablest argument yet heard on either side.

It was an effort seldom excelled if ever equaled in Ohio courts

for pertinency, aptness, logical force and consistency, legal eru-

dition, bitter denunciation, withering sarcasm, biting mockery, and

powerful eloquence. It was in fact a model argument, finished

with all the main graces of oratory which convinced the under-

standing and delighted the imagination of a court crowded with

eager listeners. He proceeded to argue the great principles of

State Sovereignty, showed the distinction between the rights,

powers, duties, and obligations of the State and Federal Govern-

ments, backed by such authorities as Judge Tucker, Webster,

Calhoun, James Buchanan and others, that the first allegiance of

a citizen of a state is to his own sovereignty." He declared the

conflict in this case was not between the two sovereignties but

between the deputy marshals and the State of Ohio.

In view of the many cases of litigation and the worry and

expense attending the same, efforts were made to secure a com-

promise. It was proposed that if one thousand dollars were se-

cured and paid Mr. White for the loss of his slave Addison all

the cases both civil and criminal would be withdrawn. By most

Vol. XVI- 20.

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306         Ohio Arch. and Hist. Society Publications.

 

of those concerned in the suits this proposition was spurned. The

men from Clark County, especially, were against it. They were

determined to fight their cases to the bitter end. Mr. Udney H.

Hyde, who was long in hiding, and his special friends, agreed

to raise the money needed for this purpose.

The following is the Deed of Manumission now on record in

the office of the Probate Court of Champaign County;

 

 

DEED OF MANUMISSION.

Filed Nov. 1857.

"Know all men that I Daniel G. White of Fleming County, Ky.,

in consideration of the sum of nine hundred and fifty dollars on hand

paid to me by John A. Corwin of Champaign County, Ohio, in behalf

of Addison White, a negro man, aged about thirty five years who is my

slave under the laws of Kentucky, and who has left my service, do here-

by free, acquit, release, and manumit the said Addison White, my slave

as aforesaid, and give and assign him to freedom to go and to do as

he pleases during his life, without constraint or obligation of any nature

by and to me at any time or place or under any circumstances whatever.

And I hereby covenant and agree with the said John A. Corwin and

the said Addison White that the right of the said Addison White to

visit, or reside in the State of Kentucky or elsewhere, shall be free and

unrestrained, except by the laws of Kentucky or the laws of the place

where he may be and sojourn, and without any claim of mine or any

other person upon his liberty or upon his personal services. In witness

whereof I have hereunto affixed my name and seal this 12th day of

November A. D. 1857 at the City of Covington in the State of Kentucky.

Attest:                            DANIEL G. WHITE.

ALEXANDER COWAN,                           [Seal."]

W. W. JOHNSON.

Various personal suits grew out of the rescue case most of

them brought before the courts in Cincinnati. Mr. George H.

Frey was editor of the Springfield Republic. In an editorial he

commented with great severity on the actions of Deputy Marshal

Churchill. While Mr. Frey was in Cincinnati, summoned there

as a witness in the United States Court, he was arrested on a

charge of libel made by Mr. Churchill and brought before the Su-

perior Court of that city. The amount of damage claimed was

five thousand dollars. Judge Storer of that court dismissed the

case on the ground that a witness summoned from another county

• 15
 

The Rescue Case of 1857.              307

 

could not be sued where he did not reside. Mr. Frey also wrote

and published some severe reflections on the supposed conduct

of Postmaster W. G. Boggs, asserting that the information as to

the location of Addison White came from him. For this Mr.

Boggs entered suit against Mr. Frey in the sum of six thousand

dollars; Mr. Frey entered a counter-suit for five thousand dollars.

Esquires Christie and Houston while in Cincinnati were no-

tified that suits were brought against them in the Common Pleas

Court of Hamilton County for alleged false imprisonment of

the United States Marshals. None of these suits in either Clark

or Hamilton County ever came to trial. They were allowed to

languish in court, and when time had soothed the feelings of the

aggrieved the suits were either withdrawn or allowed to lapse by

inattention.

Constable Coffin, who became a very active conductor and

manager of affairs in the underground railroad, not only suffered

arrest in connection with the Rescue Case, but soon after he was

found closely associated with another in which he had an alter-

cation with the officers of the government. For this he was called

into court, but the case was deferred from time to time until the

outbreak of the War of 1861 stopped further proceedings in the

matter.*

That the counties in which these events herein narrated were

greatly stirred is a matter of memory to many men yet living;

some of them were actors and others witnesses of the things that

took place and of the depth of feeling that everywhere existed.

The spirit of the times can be seen in the actions of a meeting held

while the memory of the strenuous days were still fresh in the

minds of the people. The citizens of South Charleston held a

public gathering on July 2d, 1857, in which a number of resolu-

tions were passed declaring that they would not resist the execu-

tion of any legal warrant whether state or national, but object

to the high-handed measures of drunken United States officers.

They endorse the action of the Sheriff of Clark County and those

 

* Constable Coffin's stand in this case gave him local consideration

which was shown in the fact that he became Sheriff for four terms in

Clark County, three times Mayor of Springfield, and Warden of the

State Penitentiary for eight years.

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308       Ohio Arch. and Hist. Society Publications.

 

citizens who at the command of the Sheriff aided him in arresting

the United States Marshals, and further "we will make our town

too hot to hold any spy or informer, resident or foreign, who

may be found prowling in our midst endeavoring to involve our

citizens in legal difficulties."

This expresses the feeling that was almost universal in the

greater part of Ohio, and foreshadowed the dark days when the

nation would be forced to settle by a terrible war the question

that vexed the public mind and conscience. Many lawyers of

note were drawn into the various suits growing out of the Rescue

Case; among them were James L. Goode, who was afterwards a

Judge of the Common Pleas Court; Rodney Mason, afterwards

a Colonel in the army; John A. Corwin and Ichabod, his brother,

who also became a Judge; C. L. Vallandingham, a Congressman;

Stanley Matthews, later a Judge and United States Senator;

Judge Caldwell; John O'Neal and George E. Pugh, at the time

a Senator of the United States.

After his liberation from slavery Addison White made his

home at Mechanicsburg, where he died some years ago. His

free wife in Kentucky refused to come north, and Addison did

not desire to go south. He served in the Civil War for two

years from which he was honorably discharged. Those who

knew him well say that he never really appreciated what others

had done for him when he was in need of protection and help.

The Oberlin Case and the Rescue Case are perhaps the two

most noted occurrences in connection with the operation of the

underground railroad in Ohio. They will always remain historic

marks of the intensity of feeling engendered by the institution of

slavery dear to one section of our land and obnoxious to the other.

In these two cases men suffered in their bodies, in their private

means, and in their personal liberties. The rigorous enforcement

of the law pertaining to fugitives aroused the bitterest feelings

of hate and prejudice on the one hand, and a constant feeling of

suspicion, insecurity, and of hostility on the other. It is a curious

and interesting fact that in the defense of state action before the

various courts where these cases were tried, the doctrine of states-

rights was vehemently urged as against the laws and authority of

the United States. The North even had not yet learned the les-

• 17
 

The Rescue Case of 1857.             309   son that the supremacy of the General Government was first and that of the States second. But these days are past. The Civil War corrected the error; a wiser view now prevails. The run- away slave no more disturbs the peace of neighborhoods, and men from North and South mingle together without that bitter- ness and antagonism of spirit that existed prior to eighteen hun- dred and sixty-one.

• 18