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              of Contents Study
            Areas: Slavery Anti-Slavery Free
            Persons of Color Underground
            Railroad The
            Violent Decade  US
            Colored Troops Civil
            War  
     |   Chapter
            Eight Backlash, Violence and Fear: The Violent Decade
Violent
            BeginningsOn
              a warm, late July day in 1850, Joseph Hummel watched
              a large group of African American men walk out of the eastern end
              of the Harrisburg Bridge and onto Front Street in Harrisburg. Although
              Hummel was not a Harrisburg resident, he knew the town and many
              of its inhabitants well, having grown up in his family’s
              namesake village of Hummelstown, a few miles to the east, where
              he owned a successful saddle shop.  At
          nearly fifty-seven years of age, Joseph Hummel was a well-known and
          respected member of the local community, not only because of his family
          name and his business, but also because of his prior military service
          during the War of 1812, in which he led a company of men and rose to
          the rank of colonel. Harrisburgers held all their former military men,
          particularly those who had risen to command, in high esteem, and like
          many of his fellow veterans of past wars, he was respectfully addressed
          on the streets of Harrisburg according to his former rank, being commonly
          greeted as “Colonel Hummel,” or simply “Colonel.”  On
          this Saturday he may have been in town on business, or perhaps he was
          just visiting friends, when he found himself close enough to the riverbank
          to observe the comings and goings at the bridge. Many people, both
          black and white, crossed the Harrisburg Bridge on foot and in all sorts
          of conveyances every day, and it was not uncommon for people crossing
          the bridge on foot to travel in groups, to share talk and company.  Apparently,
          though, there was something about this group of men that caught Hummel’s
          interest. He noticed them as soon as they emerged into the sunlight,
          the clopping echoes of their feet on the wooden floorboards of the
          bridge dying quickly away as they strolled past the toll taker’s
          house on Front Street. Six of the men carried bundles, in the manner
          of persons embarking on a long journey by foot, and their appearance
          suggested to him that they were not local men. The six seemed to be
          following two men who looked much more at home on the dirt streets
          of the borough, and the Colonel thought right from the start that he
          was witnessing the arrival of a group of fugitive slaves.  He
          approached the two leaders, whom he perceived as locals, and in typically
          direct Pennsylvania German style bluntly asked one of them if the other
          six men were slaves. Perhaps the guide recognized the venerable Colonel
          Hummel and knew he represented little risk, or perhaps Hummel still
          carried a sense of military command that came through in the question
          and caused the man to answer truthfully. In either case, these Underground
          Railroad conductors did not attempt to hide their mission from the
          white man who stopped them on the street. The guide told the Colonel
          that, yes, his six charges were slaves, and that they had escaped from
          Virginia.7  Colonel
          Hummel did not record what he did with that bit of information. Perhaps
          he shrugged, thought to himself, “Well, imagine that!” and
          thought no more of it. Perhaps he mentioned it in conversation with
          his friends or business acquaintances later that day. Perhaps he kept
          quiet about it. If it was not the Hummelstown saddler who mentioned
          the arrival, however, someone else surely talked about it.  Joseph
          Hummel was not the only person to observe and note the freedom seekers’ arrival.
          Regardless of the source, word soon spread through Harrisburg that
          yet another group of fugitive slaves had arrived in town. But the news
          did not stop there. Once this information reached the ears of certain
          residents with particular interests in such things, it was quickly
          transmitted beyond the borough limits to nearby towns. From those towns
          it was spread to persons with mercenary interests who lived in the
          counties that lined both sides of the Mason-Dixon Line. Eventually
          it came to the attention of men who had a particular stake in locating
          these travelers.  In
          a little more than two weeks, a group of four Southerners crossed the
          same bridge into town, secured stabling for their horses at a local
          livery, and quietly began asking questions and looking around. Harrisburg
          regularly hosted many visitors from the South—persons who were
          in town on state business or to arrange a business deal—so their
          presence did not immediately arouse the suspicions of local Underground
          Railroad activists. This anonymity gave the strangers the extra time
          they needed to do their job.  On
          the Saturday morning after the Southerners arrived, they spotted three
          of the fugitives at the market houses on the square, confirming their
          suspicions that the fugitives were still in town. Having located their
          quarry, two of the Southerners headed straight for the office of Harrisburg
          Justice of the Peace Henry Beader to request that local constables
          arrest the fugitives and return them to their possession.  Like
          the war hero Joseph Hummel, Henry Beader was a well-respected local
          citizen with family roots that ran deep. His father had been one of
          the first merchants on Mulberry Street, making and selling fashionable
          hats to the local gentry. As a young man, Henry apprenticed in the
          coppersmith trade with neighborhood craftsmen, and he kept at it for
          a number of years before going into public service, taking a clerk’s
          job with the Commonwealth after the state government relocated to Harrisburg.
          Steadily, he advanced his career, until he gained an appointment as
          a local magistrate, the position he held when George H. Isler and William
          Taylor of Clark County, Virginia, strolled into his office on the morning
          of 17 August 1850.  Isler
          did the talking, asking the fifty-year-old Beader “whether [the
          fugitives spotted at the market shed] could not be arrested as fugitive
          slaves.” Isler and Taylor then produced two “books” that
          supposedly proved ownership of the men in question. Their expectation
          that Beader would promptly order the arrest of the fugitive slaves
          based solely upon their documents was wholly within precedent. This
          tactic had previously worked well in central Pennsylvania, being the
          procedure followed by slave owners Kennedy and Hollingsworth in 1847
          in Carlisle, and by some unnamed slave catchers the previous September
          in Harrisburg.  But
          Henry Beader was an exceptionally devoted student of the law whose
          work ethic had displaced all else, even marriage, in his life. The
          bachelor official knew that Pennsylvania’s 1847 Personal Liberty
          Law prohibited the use of local lawmen in arresting fugitive slaves,
          and it prohibited him from issuing the requested certificate, under
          penalty of possible fines. Unlike his predecessors in the other cases,
          and to the chagrin of Isler and Taylor, he refused to issue a certificate
          ordering the arrest of the fugitives.  It
          seems that George Isler was somewhat taken aback by the rejection.
          In later testimony he vented his frustration with the local magistrate
          and the law, stating that they “came [to Harrisburg] to get those
          fellows back to our country, one way or another. We had two books on
          them. We want them back.” It was only after Esquire Beader turned
          them down that William Taylor prompted Isler to tell the magistrate
          that the men they sought as fugitive slaves were also horse thieves,
          having taken two horses from his stable on the night of 20 July. Isler
          verified the allegations to Beader, and the magistrate hastily—perhaps
          too hastily, as later events would show—entered the charges on
          his docket and finally issued a warrant for the arrest of Samuel Wilson,
          George Brooks, and William, who Isler referred to as “Billy.”8   Constable "Sol" SnyderThe
          man assigned to rounding up the alleged horse thieves was Harrisburg
          constable Solomon Snyder, a thirty-eight-year-old lawman who would
          play a major role in the strife-producing events that would rock Harrisburg,
          the region, and even the country in the next few years. Snyder lived
          with his wife near the canal in the borough’s North Ward. His
          neighborhood included a large number of immigrants and African American
          residents, and was located in the same few square blocks that also
          included Tanner’s Alley and Short Street.  Snyder
          was well known in Harrisburg’s African American community, not
          only for his job as constable, and because he was a neighbor to many
          of them, but also because he had lost a hand and part of his arm in
          an unfortunate July Fourth accident four years earlier. It appears,
          however, that the tragic disfigurement neither slowed his zeal for
          enforcing the law nor hindered his ability to take suspects into custody.  Such
          determination in overcoming a handicap might normally have elicited
          feelings of admiration, but Solomon Snyder would not be the beneficiary
          of anyone’s esteem or sympathy. Instead, his heavy-handed tactics
          and regular use of informants caused him to be a figure of distrust,
          and his missing arm came to symbolize, for many, a deficiency in his
          sense of humanity. It would be no different today. His actions on this
          day and through the next four years would further transform his notoriety
          with the local African American community from uneasy neighbor and
          unsympathetic lawman, to a figure of genuine dread.  Constable
          Snyder took to his task and soon found the three men not far from his
          own neighborhood, “about the canal,” as he later testified.
          Snyder, perhaps with the aid of a few deputies or fellow constables,
          placed them under arrest and marched them down to the office of Esquire
          Beader, who formally charged them with horse-stealing and committed
          them to the foreboding and turreted Gothic Revival county prison on
          Walnut Street.  Their
          arrest caused a considerable stir in Harrisburg’s African American
          community, which had been caught by surprise. It responded by pooling
          money, and, through community leaders Dr. William M. Jones and Edward
          Thompson, officially hired sympathetic local lawyers Charles Coatesworth
          Rawn and Mordecai McKinney to defend the three captured men. Rawn and
          McKinney filed a writ of habeas corpus early the next week on behalf
          of the prisoners, and a hearing was set for Friday, 23 August, in the
          court of Dauphin County Chief Justice John J. Pearson. Opposing McKinney
          and Rawn, representing Virginia slave owner William Taylor, were noted
          Harrisburg lawyers John C. Kunkel, Francis Campbell Carson, and Robert
          A. Lamberton.   The
          Trial On
          the day of the trial, Judge Pearson gaveled the courtroom to order
          and after hearing the charges from Esquire Beader, allowed the prosecution
          to call George H. Isler to the witness box. Meanwhile, knots of local
          African American residents began to gather in Court Alley and along
          Market Street in front of the courthouse.  Isler
          testified that he was not the injured party in the case, but lived
          in Clark County, Virginia, a few miles from William Taylor, who had
          lost the horses. He was acting as a friend and neighbor in helping
          Taylor recover the slaves, not as a paid slave catcher, and he had
          relayed the information about the theft of the horses to Magistrate
          Beader based upon what he had been told. When questioned as to why
          he, and not Taylor, had been the one to make out the charges against
          the men in Beader’s office, he answered, “I can’t
          say why he did not make the information. He is here and can answer
          for himself.”  To
          that end, William Taylor was called to the witness stand next, where
          he was sworn in. He explained that he allowed Isler to make the charges
          because he thought it was necessary to have a witness do so. This created
          a credibility problem right away with the prosecution’s case,
          since Isler has clearly stated a few minutes before, “I did not
          see the horses taken from the premises.”  Two
          more cracks in the horse thievery case became evident as Taylor told
          his story. First, the horses, saddles, and bridles had been recovered
          a few days after they were taken, yet he and Taylor continued to pursue
          the two fugitive slaves, Wilson and Brock, into Maryland. Somewhere
          along the way, a third man, referred to as Billy, had joined the fugitives.
          Taylor had paid to have a runaway slave handbill printed and distributed,
          offering five hundred dollars for the pair of men, and ten dollars
          each for the horses. Clearly, his primary object was the recovery of
          the two slaves. In Maryland, he hired two professional slave catchers,
          Thomas Hubbard and Joseph Kinsel, who had come to Harrisburg with him
          and Isler, further weakening his contention that his only object was
          the capture of two horse thieves. The second weakness was Isler’s
          admission that he had only offered the horse thievery story to the
          local magistrate after first requesting the arrest of the three men
          as fugitive slaves and being turned down.  Attorneys
          for the defense then summoned several local witnesses to testify that
          the three men accused of horse thievery had been seen by them in town
          prior to the crime. A number of these witnesses were African American
          men who stayed with Dr. William and Mary Jones, at their Tanner’s
          Alley boarding house. John and William Stewart were both boarders at
          the Jones’ house, and both testified that they had seen the prisoners
          in Harrisburg prior to 17 July, which placed them in town several days
          before the horses were stolen. Another man, Henry Hughes, testified
          that the prisoner referred to by the Virginians as “Billy” was
          actually named John Strange, and that he had been at the Philip Stimmel
          farm in Susquehanna Township, where Hughes worked, in June looking
          for employment.  Doctor
          Jones then took the stand, swearing that all three of the accused men
          had boarded with him in Tanner’s Alley since 15 July. According
          to Dr. Jones, they told him they had arrived in Harrisburg “from
          the country,” and he thought they had been around town at least
          since the beginning of the hay harvest, or about 15 June. Finally,
          James Ennis, a Tanner’s Alley businessman, testified that all
          three of the prisoners had worked for him on and off since the spring, “before
          the boats began to run.”  The
          prosecuting attorneys were quick to offer rebutting testimony from
          well-known and respected local men, beginning with Conrad Orth Zimmerman,
          a thirty-year-old brick maker. Zimmerman testified that he saw “six
          black fellows cross the bridge with bundles” on Saturday, 27
          July. He was able to point out with certainty one of the defendants
          as being one who had crossed the bridge into town that day, because
          of a distinctive scar on his cheek.  Taking
          the stand next was Colonel Joseph P. Hummel, who recounted to the court
          his experiences that day when he observed the party of freedom seekers
          crossing into Harrisburg. Hummel testified how, at the time, he thought
          six of the men were slaves, probably by their poor dress and the bundles
          they carried. He also told the court that he had spoken with one of
          the guides, who confirmed that the six men were in fact southern slaves.
          However, because he had not spoken with any of the fugitive slaves
          themselves that day, he was unable to positively identify any of the
          three men now sitting on the defendants’ bench as having been
          in that group.  The
          final witness for the prosecution was a Mr. J. A. Strayer, who described
          himself as a Negro broker. Strayer was not so hesitant about identifying
          one of the defendants as a fugitive slave. When called to the stand,
          he pointed directly at John Strange and stated, “I know that
          boy belongs to Mr. Page.” As to how he could be so sure, Strayer
          elaborated: “It being my business to buy negroes, I consider
          myself a judge of them, and observe them whenever I see them. I saw
          him last about the first of harvest, when I went into the neighborhood
          to buy some negroes which had run away and been recaptured.”9  As
          the final witness of the day, Strayer’s testimony provided a
          dramatically chilling end to the tense proceedings. Judge Pearson then
          adjourned court, intending to mull over the entire weight of evidence
          and testimony during the evening and render an opinion Saturday morning.
          The crowd in the street and alley outside his courtroom, composed of
          anxious African American residents and curious white residents, slowly
          dispersed to their homes.  The
          street spectators knew that there was much at stake in these proceedings.
          Although they were not inside the courthouse, they were following the
          developments closely. Most of what was said and most of what occurred
          in the courtroom was relayed to the rest of the crowd by those who
          got close enough to the open windows to see and hear. The reaction
          of persons in the crowd to these events varied according to their attitudes,
          which broke down generally by race.   A
          Deeply Divided Town Although
          Harrisburg’s white residents were largely pro-South in their
          sympathies when it came to returning fugitive slaves, they wanted the
          process to be legal and orderly, as well as fair to all concerned.
          Although they frequently derided abolitionists as troublemakers poking
          their noses into the South’s constitutionally recognized right
          to own and recover slaves, they also expressed disgust at those who
          circumvented the law and used violence and kidnapping to remove African
          Americans from Pennsylvania soil.  Almost
          as bad, in their eyes, were the slave catchers who employed trickery
          to achieve their aims. Such a situation, whereby deception had been
          used to capture a fugitive slave, had occurred a few days before the
          trial for Brooks, Wilson, and Strange began, while the rival attorneys
          were preparing their cases. Worse still, a local constable appeared
          to have played a major role in that highly irregular apprehension and
          remanding.  In
          that incident, the slave catchers did not go to a local magistrate,
          but instead convinced a Harrisburg constable to lure their quarry into
          their arms with the promise of work. The local man, who the newspaper
          described as “A negro, possibly a runaway slave,” was hired
          by the constable to drive him over the Camel Back bridge in his wagon
          so that he could “make a levy” in Cumberland County. The
          fact that the constable was out of his jurisdiction and unable to charge
          anyone once he was across the river was lost on the trusting driver,
          who eagerly accepted the offer of work.  All
          seemed normal to the unaware African American driver as he carried
          his passenger across the bridge and into Cumberland County, away from
          the relative safety of Harrisburg’s neighborhoods. Trouble arose
          at a particularly lonely spot on the road, some distance past the bridge,
          when three men forced the wagon to a halt. The unsuspecting driver
          might have felt some reassurance at having a lawman as his passenger
          when stopped by these highwaymen, but the ruse became immediately and
          painfully clear to the driver when the constable made no effort to
          stop the ruffians from seizing him, handcuffing him, and throwing him
          into another waiting wagon, in which he was taken south.  The
          role of the local lawman in the trickery might never have been known,
          but it seems he must have bragged about it around town, joking that
          the kidnapped man had been singing, “Carry me back to old Virginia,” just
          before the trap was sprung.10 It
          was in this form that the story made its way to a local newspaper editor,
          who tacked it on at the end of the trial coverage, almost as a cautionary
          tale.  While
          most white spectators watched the trial as a demonstration of law and
          order, African Americans viewed it with a much more pessimistic attitude.
          The foreboding testimony of the cold-hearted J. A. Strayer accurately
          summed up their worst fears when he spoke of buying up runaways who
          had been recaptured. This confirmed for them the stories that returned
          slaves were regularly subjected to the worst punishment imaginable,
          short of death, which was to be sold south for work in the sugar cane
          fields, never again to see home and family, and never again to be heard
          from.  Strayer’s
          presence in a Harrisburg court room, in the company of slaveholder
          Taylor and his men, betrayed Taylor’s real reason for pursuing
          them this far. This, apparently, was the fate that awaited George Brooks,
          Samuel Wilson, and John Strange, should Judge Pearson rule in William
          Taylor’s favor. For Harrisburg’s African Americans, this
          trial had little to do with fairness and equity, but instead magnified
          their feelings of helplessness as they witnessed a half dozen white
          men decide the ultimate fate of three innocents. As Judge Pearson closed
          the proceedings to mull over his evidence, they straggled home to mull
          over feelings of exasperation, powerlessness, and anger.   The
          Honorable John James Pearson"Common law would not justify ... force and violence"
 Judge
          Pearson knew that he had to walk a particularly narrow line when he
          delivered his decision the next morning. He was aware that Pennsylvania’s
          Personal Liberty Laws guaranteed certain safeguards to all persons
          accused of being fugitive slaves, but he also knew that the intent
          of the laws were to protect free African Americans from kidnapping,
          and not specifically to frustrate slave holders from recovering their
          property. And although his duty was to deliver a fair ruling, he also
          had to deal with personal conflicts surrounding the issue.  Born
          into a Quaker household in Darby, Pennsylvania, in 1800, John James
          Pearson harbored no sympathies toward the institution of slavery. He
          moved with his father at a young age to Mercer County, where he was
          educated, studied law, and was eventually admitted to the bar. Pearson
          entered politics and was elected to the Twenty-Fourth Congress as a
          Representative from Pennsylvania’s western counties.  While
          in Congress, he followed his Quaker inclinations and voted consistently
          in support of the anti-slavery petitions introduced by John Quincy
          Adams. Following his national political service, he campaigned and
          was elected to the Pennsylvania State Senate, which brought him to
          Harrisburg in time to witness the chaos and mob violence of the “Buckshot
          War.” In that conflict, Harrisburg was under mob rule for two
          weeks, as both the Democratic and Whig parties contested control of
          the state House following an election clouded with substantial voting
          irregularities.  Hundreds
          of armed thugs from Philadelphia arrived in town on December 4, 1838
          and occupied the state government buildings in the name of the elected
          Democrats. Pearson, as a Whig Senator, was blatantly intimidated and
          physically forced from office, along with other members of the Whig
          government, which was led by Thaddeus Stevens and Governor Joseph Ritner.  Ritner’s
          appeal to President Martin Van Buren for federal troops to restore
          his state government to power went unanswered. He finally succeeded
          in summoning state militia units, which armed themselves with buckshot
          cartridges when they arrived in town, thus giving the short-lived but
          violent political fracas its name. Until then, rumors of plots to blow
          up the railway lines and threats to kill the Whig leaders, and Stevens
          in particular, paralyzed the town. In later testimony before a Senate
          committee charged with investigating the events of December 1838, Thaddeus
          Stevens described the arrival of the Philadelphia ruffians: 
        As early
              as the Saturday of that week and the Sunday and Monday following,
              a large number of persons arrived at Harrisburg of a description
              such as I have never before seen attending the session of the legislature.
              They were rough, ferocious, rude looking men, described by those
              who knew them as ignorant, desperate, and addicted to the lowest
              habits and vices; some of them the active agents in the mob that
              destroyed Pennsylvania Hall. By tying in
          the recent burning of Pennsylvania Hall in Philadelphia, the newly
          built “temple of liberty” meetinghouse for the Pennsylvania
          Abolition Society that was set ablaze by mobs with the tacit approval
          of Philadelphia city authorities, Thaddeus Stevens was ascribing an
          anti-abolitionist motive to the Harrisburg violence. He was not completely
          off base. During the very bitter gubernatorial campaign, the embattled
          Governor Ritner was dogged by accusations from the Democrats that he
          was a rabid abolitionist. His close association with Thaddeus Stevens,
          and his December 1836 message to the Legislature in which he sharply
          criticized the Congressional Gag Rule provided fuel for his opponents’ fires.  As a legislator
          with an anti-slavery voting record, State Senator John J. Pearson apparently
          felt some of that heat in December 1838. In a speech from the state
          Senate floor, he sharply criticized the notion that any body of citizens
          had the right to force their will with a show of force, no matter how
          just their cause appeared to them, or how much they felt they had been
          wronged: 
        Will that
              legal principle justify an invasion of the rights of others? Can
              those men—can any man, justify regaining his property or
              privileges by force? And above all, can he compel a judicial tribunal,
              charged by law with the trial of his rights, to make that decision
              in his favor? I have always considered the common law would not
              justify a person in repossessing himself of his own by force and
              violence and the strong hand—that even against a trespasser
              having no rights, a lost possession or right must be regained peaceably. It is probable
          that Judge John J. Pearson was recalling the disorder of December 1838
          when he retired to form his decision on Friday evening. He may also
          have been considering the violence of the previous September, when
          Sheriff Shell and his deputies clashed with the citizen’s watch
          on Short Street. Neither side had settled their grievances through
          petitions or legal means, and a general disturbance of the peace was
          the natural result.  He may even
          have known of the 1825 riot that sent local men to the treadmill for
          attempting to intimidate some visiting slave catchers, although he
          was still practicing law in Mercer County when that event shook the
          local peace. To Judge Pearson the lesson was clearly that law and order
          must prevail at all costs, even in the face of an intimidating mob,
          even when his own anti-slavery sympathies may have dwelt with the aims
          of that mob. In 1838, as a Pennsylvania Senator he had thundered, “I
          deny the right of the people to speak in that way.” In 1850,
          he had to find a solution that preserved that pledge.  By the time
          the bailiff called the courtroom to order on Saturday morning, the
          streets around the courthouse were already filled with people. One
          local newspaper described the gathering of onlookers as “a great
          crowd [of] mostly blacks in the street, outside the jail yard, but
          mostly we should judge acting only as spectators to see the operations.” Many
          curious whites were also present, as word had quickly gotten around
          town that something significant was taking place on the town’s
          main thoroughfare.  The general
          attitude of those who surrounded the interconnected courthouse and
          prison block at this point was clearly one of anxiety and expectation,
          but not of open hostility. It had been exactly a week since the three
          fugitive slaves were arrested by Constable Snyder as alleged horse
          thieves, and most of the town’s African American residents held
          out little hope for their redemption. They were quite surprised, then,
          when Judge Pearson took his place at the bench and began reading his
          decision.  The court
          was very concerned, he stated, about a number of errors that were made
          by Esquire Henry Beader in committing the three accused men to prison.
          The errors were so glaring that Pearson declared, “We are of
          opinion that the whole proceeding is very loose and irregular.” These
          irregularities—the lack of a statement about where the property
          was stolen, and from whom, and the lack of signatures on the arrest
          docket by the persons making the charges—caused Judge Pearson
          to examine the charges in greater detail than might otherwise have
          been warranted, and he found them severely lacking.  First he
          dismissed the horse stealing charges against John Strange, whose owner,
          Mr. Page, was not even in court, stating “there is no evidence
          that the horse was stolen…from aught that appears, he may have
          been lent.” As to whether the remaining two men, George Brooks
          and Samuel Wilson, were fugitive slaves, Judge Pearson had no doubt,
          and he believed that they had in fact “fled at the time and in
          the manner stated by [William Taylor],” effectively dismissing
          all the testimony presented by attorneys Rawn and McKinney that purported
          to show the men were in Harrisburg before the horses were supposed
          to have been stolen.  Pearson also
          did not dismiss the statements that the men fled from slavery on some
          of Taylor’s horses. For the trial spectators, the opinion seemed
          to be building in favor of the slaveholders, but at this point, the
          judge revealed a rather surprising decision. Because the horses were
          abandoned and recovered by the slaveholder several dozen miles from
          his plantation, Pearson took to understand that the slaves had borrowed
          them to get away quickly, and had no intention of keeping them. Thus,
          the charge of larceny would not stand under common law: 
        The rule
              of law settled in numerous cases, and at various periods of our
              judicial history, that if property is taken, even clandestinely,
              yet not with the intention to steal, but merely to use, it is not
              larceny. Judge Pearson
          then addressed the right of Taylor to claim his two slaves, and of
          Strayer’s right to claim John Strange for the owner Page. Because
          the three men had been improperly seized, imprisoned and brought into
          court on criminal charges—Pearson stopped short of saying that
          the charge was “fraudulently preferred”—apparently
          in an attempt to use local law enforcement personnel and facilities
          to detain them until they could be claimed as slaves, the judge denied
          the slave holders’ right to take charge of the men right there
          in the courtroom. Such action would constitute contempt, the judge
          said, yet at the same time he noted, “We have no legal authority
          to prevent the recapture of these men, or any other slaves, by the
          owner…except in the face of Court.”   Release of
          the Fugitives, and a Race to Recapture With that,
          he ordered that the three men be released from confinement in the prison.
          The meaning of this decision quickly sunk in for both William Taylor
          and his party, and for the witnesses to the decision in the courtroom.
          Word was quickly passed to those outside, that the fugitives were to
          be released from the prison, but elation at that decision was tempered
          by the knowledge that Pearson had not forbidden the Virginians from
          retaking them once that occurred.  As Pearson
          made out the release order for jailor John T. Wilson, the Southerners
          hurried through the interior courtyard to the prison entrance, on the
          other side of the public block, fully aware that any attempt to regain
          their slaves would have to occur in the open presence of local African
          American citizens.  What they
          may not have been fully aware of was the sheer size and aggravated
          mood of the gathering crowd. In the time that it took for the release
          order to be written, passed to the county jailor, and acted upon, word
          of the impending release and probable recapture attempt had spread
          from one end of the town to the other. People rushed to the entrance
          to the prison, on Walnut Street, to witness the excitement.  An account
          of events in the Albany (New York) Evening Journal stated, “All
          the avenues leading to the prison were filled with men, women and boys,
          of all colors.” Witnesses reported that people stood on the porches
          and balconies of the houses that lined the street, and African American
          men gained access to the balconies of the Exchange Building on the
          north side of the street, directly overlooking the prison entrance.
          The crowd was further excited by the rumors of a planned rescue of
          the fugitives, and the anxiety level jumped significantly when a group
          of constables and deputy sheriffs appeared in front of the prison.11     Previous |
            Next   Notes7. Pennsylvania
            Telegraph, 28 August 1850.  8.	Ibid.  9.	Ibid.  10.	Ibid.  11. Report
            of the Select Committee Appointed to Inquire Into the Cause of an
            Armed Force Being Brought to the Capitol of Pennsylvania (Harrisburg,
            1839), 55; Address of the Hon. Charles B. Penrose, Speaker of
            the Senate; and the Speeches of Messrs. Fraley (City), Williams,
            Pearson and Penrose, delivered in the Senate of Pennsylvania, on
            the Subject of Insurrection at Harrisburg, at the Meeting of the
            Legislature in December, 1838 (Harrisburg, 1839), p 81; Caba, Episodes
            of Gettysburg, 83; “The Virginia Slaves,” Albany
            Evening Journal, n.d.
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