Unmasking the Silence - 17 Powerful Slave Narratives in One Edition. Гарриет Бичер-Стоу

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СКАЧАТЬ with a police magistrate of Washington, against James H. Burch, for kidnapping and selling me into slavery. He was arrested upon a warrant issued by Justice Goddard, and returned before Justice Mansel, and held to bail in the sum of three thousand dollars. When first arrested, Burch was much excited, exhibiting the utmost fear and alarm, and before reaching the justice's office on Louisiana Avenue, and before knowing the precise nature of the complaint, begged the police to permit him to consult Benjamin O. Shekels, a slave trader of seventeen years' standing, and his former partner. The latter became his bail.

      At ten o'clock, the 18th of January, both parties appeared before the magistrate. Senator Chase, of Ohio, Hon. Orville Clark, of Sandy Hill, and Mr, Northup acted as counsel for the prosecution, and Joseph H. Bradley for the defence.

      Gen. Orville Clark was called and sworn as a witness, and testified that he had known me from childhood, and that I was a free man, as was my father before me. Mr. Northup then testified to the same, and proved the facts connected with his mission to Avoyelles.

      Ebenezer Radburn was then sworn for the prosecution, and testified he was forty-eight years old; that he was a resident of Washington, and had known Burch fourteen years; that in 1841 he was keeper of Williams' slave pen; that he remembered the fact of my confinement in the pen that year. At this point it was admitted by the defendant's counsel, that I had been placed in the pen by Burch in the spring of 1841, and hereupon the prosecution rested. Benjamin O. Shekels was then offered as a witness by the prisoner. Benjamin is a large, coarse-featured man, and the reader may perhaps get a somewhat correct conception of him by reading the exact language he used in answer to the first question of defendant's lawyer. He was asked the place of his nativity, and his reply, uttered in a sort of rowdyish way, was in these very words —

      "I was born in Ontario county, New-York, and weighed fourteen pounds"

      Benjamin was a prodigious baby! He further testified that he kept the Steamboat Hotel in Washington in 1841, and saw me there in the spring of that year. He was proceeding to state what he had heard two men say, when Senator Chase raised a legal objection, to wit, that the sayings of third persons, being hearsay, was improper evidence. The objection was overruled by the Justice, and Shekels continued, stating that two men came to his hotel and represented they had a colored man for sale; that they had an interview with Burch; that they stated they came from Georgia, but he did not remember the county; that they gave a full history of the boy, saying he was a bricklayer, and played on the violin; that Burch remarked he would purchase if they could agree; that they went out and brought the boy in, and that I was the same person. He further testified, with as much unconcern as if it was the truth, that I reppresented I was born and bred in Georgia; that one of the young men with me was my master; that I exhibited a great deal of regret at parting with him, and he believed "got into tears!" — nevertheless, that I insisted my master had a right to sell me; that he ought to sell me; and the remarkable reason I gave was, according to Shekels, because he, my master, "had been gambling and on a spree!"

      He continued, in these words, copied from the minutes taken on the examination: "Burch interrogated the boy in the usual manner, told him if he purchased him he should send him south. The boy said he had no objection, that in fact he would like to go south. Burch paid $650 for him, to my knowledge. I don't know what name was given him, but think it was not Solomon. Did not know the name of either of the two men. They were in my tavern two or three hours, during which time the boy played on the violin. The bill of sale was signed in my bar-room. It was a printed blank, filled up by Burch. Before 1838 Burch was my partner. Our business was buying and selling slaves. After that time he was a partner of Theophilus Freeman, of New-Orleans. Burch bought here — Freeman sold there!"

      Shekels, before testifying, had heard my relation of the circumstances connected with the visit to Washington with Brown and Hamilton, and therefore, it was, undoubtedly, he spoke of "two men," and of my playing on the violin. Such was his fabrication, utterly untrue, and yet there was found in Washington a man who endeavored to corroborate him.

      Benjamin A. Thorn testified he was at Shekels' in 1841, and saw a colored boy playing on a fiddle. "Shekels said he was for sale. Heard his master tell him he should sell him. The boy acknowledged to me he was a slave. I was not present when the money was paid. Will not swear positively this is the boy. The master came near shedding tears: I think the boy did! I have been engaged in the business of taking slaves south, off and on, for twenty years. When I can't do that I do something else."

      I was then offered as a witness, but, objection being made, the court decided my evidence inadmissible. It was rejected solely on the ground that I was a colored man — the fact of my being a free citizen of New-York not being disputed.

      Shekels having testified there was a bill of sale executed, Burch was called upon by the prosecution to produce it, inasmuch as such a paper would corroborate the testimony of Thorn and Shekels. The prisoner's counsel saw the necessity of exhibiting it, or giving some reasonable explanation for its non-production. To effect the latter, Burch himself was offeras a witness in his own behalf. It was contended by counsel for the people, that such testimony should not be allowed — that it was in contravention of every rule of evidence, and if permitted would defeat the ends of justice. His testimony, however, was received by the court! He made oath that such a bill of sale had been drawn up and signed, but he had lost it, and did not know what had become of it! Thereupon the magistrate was requested to dispatch a police officer to Burch's residence, with directions to bring his books, containing his bills of sales for the year 1841. The request was granted, and before any measure could be taken to prevent it, the officer had obtained possession of the books, and brought them into court. The sales for the year 1841 were found, and carefully examined, but no sale of myself, by any name, was discovered!

      Upon this testimony the court held the fact to be established, that Burch came innocently and honestly by me, and accordingly he was discharged.

      An attempt was then made by Burch and his satellites, to fasten upon me the charge that I had conspired with the two white men to defraud him — with what success, appears in an extract taken from an article in the New-York Times, published a day or two subsequent to the trial: "The counsel for the defendant had drawn up, before the defendant was discharged, an affidavit, signed by Burch, and had a warrant out against the colored man for a conspiracy with the two white men before referred to, to defraud Burch out of six hundred and twenty-five dollars. The warrant was served, and the colored man arrested and brought before officer Goddard. Burch and his witnesses appeared in court, and H. B. Northup appeared as counsel for the colored man, stating he was ready to proceed as counsel on the part of the defendant, and asking no delay whatever. Burch, after consulting privately a short time with Shekels, stated to the magistrate that he wished him to dismiss the complaint, as he would not proceed farther with it. Defendant's counsel stated to the magistrate that if the complaint was withdrawn, it must be without the request or consent of the defendant. Burch then asked the magistrate to let him have the complaint and the warrant, and he took them. The counsel for the defendant objected to his receiving them, and insisted they should remain as part of the records of the court, and that the court should endorse the proceedings which had been had under the process. Burch delivered them up, and the court rendered a judgment of discontinuance by the request of the prosecutor, and filed it in his office."

      There may be those who will affect to believe the statement of the slave-trader — those, in whose minds his allegations will weigh heavier than mine. I am a poor colored man — one of a down-trodden and degraded race, whose humble voice may not be heeded by the oppressor — but knowing the truth, and with a full sense of my accountability, I do solemnly declare before men, and before God, that any charge or assertion, that I conspired directly or indirectly with any person or persons to sell myself; that any other account of my visit to Washington, my capture and imprisonment in Williams' slave pen, than is contained in these pages, is utterly and absolutely false. I never played on the violin in Washington. I never was in the Steamboat Hotel, and never saw Thorn or Shekels, to my knowledge, СКАЧАТЬ