My sins of that day were sins of omission, upon American soil, to make his presence here and not of commission. I did not go to Wel- the occasion upon which the problem of perlington, but I confess to you all (don't tell any sonal freedom, that second revolution, more of the witnesses what I say), that my whole important than the first, shall be worked out being was stirred when the news came suddenly by the American people, for the good of the upon us that a man had been stolen from our world. midst at mid-day, and when the noble band of rescuers wended their way towards Wellington, my heart went up in prayer to Almighty God for the success of their enterprise, and when the news came back that in some way, I know" not how, the man-thieves had been despoiled of their prey, my heart went up again to God with such emotions of gratitude to Him as I hope

often to feel hereafter.

This is my crime. You may call it treason if you like, and the courts may punish me if they will 66 they may drag me to prison, and from prison to death; yea, let me die a felon's death, but let me die a man."

Fellow-citizens, we have met to-day to feel each other's hearts to understand better the common impulse that hitherto has moved us, and to prepare for whatever awaits us in the future.

For one I had rather sit among you as I do to-day, reading as I do in your calm countenances, your dignified bearing, the puritan purpose of your lives, with the sure prospect of speedy poverty before me, than to exchange the privilege for all the gold of California.

Mr. President, we may well turn from the present to a glorious future that awaits us.

Our country needs deliverance from the galling yoke of the Slave power, and it is near at hand.

VOLUNTEER SENTIMENTS.

By J. M. Fitch. The Prosecution - Will it subdue " us? shall it "clear the town of us?" can it "crush us out?"

The "No! No! No!" in response, "settled the question," and Mr. Fitch, in a few thrilling sentences, spoke of his own indictment for no cause, unless for his "poor prayers" [laughter] in behalf of the oppressed; and of the libertyloving men and women who have been amerced in fines and cast into prison, for manifesting active sympathy "for the least of one of these."

Mr. F. Shipherd was called out, and gave as a sentiment The Felons' Feast! Mr. S. spoke in high commendation of the present. feast, and happily of ancient feasts in commemoration of important events. He thought the present one auspicious, for Roman history informs us that the best preparation for successful battle is a good dinner! [Laughter.]

Mayor A. N. Beecher, of Oberlin, in response to a call, offered the following sentiment, which was warmly cheered:

Men

The Thirty-seven Criminals of Lorain of true grit, and "hale fellows well met." May we never fall into worse company; and should the bloodhounds of Slavery again visit our county, may they find a Wall Plumb before them, De Wolf after them, and get well Peck-ed in the bargain.

A second Jefferson must soon appear of such qualities of head and heart as shall enable him to take command of our noble ship of State one who by a firm adherence to the doctrines This brought up R. Plumb, Esq., who, after of the Republican resolutions of 1798, will se- some happy pleasantry, referred to the ruthless cure to the States their sovereign rights, the murder of young Brown, son of the famous people the enjoyment of the blessings of lib-"Ossawatomie" Capt. John Brown, in Kansas, erty, and keep the Federal Government and the Federal Courts clearly within the limits prescribed by the Constitution.

That man is already born, a man of executive experience, and, if I mistake not, has more than once stood upon the soil consecrated to freedom by the ordinance of '87, and breathed the free air of our own Ohio who shall bring the good ship of State out from the rocks and shoals that beset her, into the ocean of a glorious future which shall bless the world.

Fellow-citizens, God reigns!

It is He who speeds on their way the evermoving tides of population from all the East, even from beyond the broad ocean, to our vast unoccupied domain; to build them there new homes, and yearly as the swelling tide rolls on, countless new altars and firesides shall be consecrated to freedom for universal man.

It is His will, since the avarice of man has torn the negro from his home and thrust him

by the pro-slavery Border Ruffians, and to the just retribution which had since overtaken two of his murderers, G. W. Clark and Martin White. He then read a thrilling letter of sympathy from Mr. John Brown, Jr., brother of the Kansas victim, and formerly an old neighbor of Mr. Plumb in Ashtabula county, upon hearing through the papers that Mr. P. was one of the "honored thirty-seven." A single extract will show the "spirit of '76” transmitted from sire to son:

"Friend Plumb, would you say, 'Oh! but that would be Treason. Well, thank God! 'I've been there. I have for months at a time had before me the brilliant prospect of 'standing on nothing, and looking through a halter!'

The cry of Treason! I have become accustomed to; indeed it has become so familiar that I confess I rather like the music."

traitors to the Government. If we would or-
dain and establish Justice,' and maintain our
Constitution not only in its essential spirit but
its letter, strange to say we are forced into the
attitude of resistance to the Government. I am
glad the work of Judicial crushing out' is
progressing not only out of Kansas but in Ohio
on the Western Reserve, the New England
of the West. This is bringing the war home to
'The green graves of our sires,
To our altars and our fires.''i

Prof. Peck said he thought he heard his name associated with others in the toast given by Mr. Beecher. He should return the compliment, and gave

When those slaveholders come again, may we have a Beecher for mare [Mayor] to give them a trot! [Much merriment.]

ments since repealed by the slave-cringing Democracy. Mr. Hunter was called out, and electrified his hearers for a few moments. The hour for consultation and business having arrived; the "Felons' Feast closed with the following heartily applauded sentiment:

By the Company. Our Hostess — If Uncle Sam shall take us to board, may we have her for "help!"

The social festival at Oberlin will long be pleasantly remembered by those who participated. It was just what might be expected of sincere, earnest, devoted men and womenearnest, cheerful, orderly. The men in bonds were more closely knit together by the association, and the opposition to the execution of an unrighteous law is tenfold strengthened by the persecutions set on foot under it. The spirit manifested was temperate and religious. There was no railing at the officers of the law only denunciation of the law itself. The "criminals," meeting by themselves, appointed a make every arrangement for the details of the staunch committee, vested with full powers to defence in March, and attend to certain other items not yet made public, but which some time few individuals, and their friends, if they have may be, to the inconsolable astonishment of a any The committee is as follows:

Prof. H. E. Peck, Hon. R. Plumb, W. D. Scrimgeour, Oberlin; Matthew De Wolfe, Esq., Loring Wadsworth, Esq., Wellington.

THE ARREST OF LINCOLN.

The President said a descendant of the old tyrant-hating Covenanters was among the indicted, and called on Mr. Wm. Douglas Scrimgeour. Mr. S. responded in one of the most On Friday, the 14th of January, Wm. E. effective off-hand speeches of the festival, Lincoln, who had left town for the winter vaand showed himself no degenerate son of the cation several weeks before any bills were noble race. His words glowed and burned found, was engaged in the duties of a schoolwith the fervor of true freedom and manly spirit. His venerated father had sent him teacher in the town of Dublin, twelve miles from words of high cheer. He blessed his son, and Columbus, when a rap was heard at the door, would have so acted himself had he been pres- and a moment after two men entered, who subent. He was ready to meet fines and imprison- sequently proved to be Samuel Davis, the depment for such a son, and for such a discharge uty-sheriff that assisted deputy marshal Lowe of duty to God and his fellow man. Mr. S. was warmly applauded, and concluded by offering in the capture of John, and some constable of the following sentiment :--the vicinity employed for the occasion.

Mr. Our Fathers and our Mothers Free them- Davis, stepping forward much excited, deselves, and beqeathing Freedom to their chil-manded the school teacher's name, and being dren; they have shown by their words and aċtions that they desire. "Liberty to be proclaimed answered truly, declared him to be "the very through all the land to all the inhabitants fellow he was after," and straightway, without thereof." further explanation of any sort, produced a The President announced that he understood pair of HANDCUFFS, and began to fasten them we had a Hunter in our midst, not a miserable hunter of the panting fugitive, but a noble upon Lincoln's wrists. The teacher remonNimrod and man, the Hon. John Hunter, of strated earnestly, but altogether in vain; with Cleveland, the colleague from Columbiana of many oaths and immense bluster the considerMessrs. Plumb and Monroe in the House at ate officer expressed his moderate confidence in the session when good and humane legislation abolitionists under any circumstances, and closed the jails of Ohio against persons not

charged with crime, and further protected the avowed the purpose of never again exposing rights of the people by Habeas Corpus; enact- himself to their power: - the occurrences at

Wellington having proved to him, as he hoped, course of the ride, Mr. Lincoln inquired if his a wholesome experience! After some diffi- captor had a legal process to authorize the culty Mr. Lincoln was allowed to exchange his arrest, and was condescendingly shown a gown and slippers for coat and boots, and then "capias" signed by Frederick W. Green, Esq., straightway thrust into a carriage for Columbus. Clerk of the U. S. District and Circuit Court It would be doing serious injustice to the for the Northern District of Ohio. witnesses of this remarkable transaction to make The arrest was made at about half past one no mention of their conduct. And to appre-in the afternoon. After dark they entered the ciate this conduct, it must be understood that Capital. Mr. Lincoln asked permission to be the entire town was with the exception of a few familie's of unanimous political faith, and trusted to the powers that be as the adherents of a certain religious creed trust to their fatherconfessor. With a dread of "niggers" and a horror of “abolitionists" such as only children trained under similar influences could acquire, these representatives of the rising generation had, nevertheless, become devoted to their new teacher with an ardor of affection and respect that manifested itself in this trying hour in a most decisive manner. Only with difficulty could he persuade them and particularly the older girls —from undertaking his defence vi et armis, and nothing could silence the emphatic expression of personal views of the Fugitive Slave Law in general, and of " Sam Davis" in particular. It is not necessary to quote "samples" of the expressions used; a lively imagination, familiar with the habits of a naïve child's mind, will readily supply them.

taken to some one of his several influential friends in the city, before being thrust into jail, but the request was promptly and emphatically denied. Arrived at the prison they found Marshal Lowe in waiting, and to him Mr. Lincoln repeated his natural desire to send for friends, but only to be again as emphatically refused. He was later in the evening allowed to send a letter to the post-office, when it had become long past business hours, and it was ascertained that the first train for Cleveland left at four clock in the morning, but this letter never reached its destination.

Before being shown to his cell, in the presence of Mr. Lowe and the jailer, Mr. Lincoln asked that his irons might be removed, since no escape could longer be feared, and his wrists were severely galled. But his crime was not trifling enough to allow of favors, and he was so informed.

Introduced to his new quarters and his new associates, the irons were removed, and he was left alone, to sit up or lie down as he chose, a liberty of choice which of course would not have been allowed, had there been any convenient way of withholding it. It is said that sup

The ride to the city-Mr. Davis's assistant was at Mr. Lincoln's instance soon dismissed was not so pleasant as rides have sometimes been. In the first place the road was exceed ingly bad, and their progress necessarily slow to tediousness. And, in the other place, a care-per was ordered for him, but it is certain that ful comparison of views upon certain points did not reveal a very affectionate unity of opinions. Mr. Lincoln having conscientious scruples in regard to too frequent violations of the third commandment, was not always pleased with his companion's choice of language; and Mr. Davis, not making any pharisaical or other pretensions to personal piety, it may reasonably be feared, could not fully sympathize in some of his companion's "faithful" exhibitions of Gospel Truth. And then Mr. Davis ventured upon some confidential revelations of "what he would like to do" with his prisoner, and others of the "Rescuers," if he were not fettered by the forms of law; which, as this volume is designed for "general circulation" we will not repeat. Some time in the

none reached him. Driving the rats out of his straw pallet, and stuffing his nostrils to keep out "a little" of the stench, he was at length so fortunate as to woo the caresses of Morpheus, but had scarcely succeeded before a messenger came to say that it was car time, and Mr. Lowe was in waiting. At the depôt the Marshal provided his prisoner as well as himself with a cup of coffee and a piece of pie, the taste of which Mr. Lincoln avers will long remain bright in his memory. Not to multiply details, let it suffice to say that the prisoner, by providing a livery for himself and the marshal, succeeded in finding Judge WILSON, who received his recognizance and released him at four o'clock in the afternoon.

He had now been fasting twenty-eight hours

Robert L. Cummings was arrested in Cleveland on the 5th of May following. The remaining six are still at large. These are :— John Hartwell, Jeremiah Fox, John Copeland,

James H. Bartlett,

Thomas Gena,
Franklin Lewis.

About two weeks before the day set for the trials, which, as the reader may remember, was the 8th of March, the United States DistrictAttorney applied to the counsel for the defence for a further extension of the adjournment,

(excepting the morning lunch), with scarcely any rest, and subject, meanwhile, to such mental excitement as the occurrences above named would naturally induce, and found himself at liberty, thirty-three miles from a solitary acquaintance, with twenty cents in his pocket, and the Sabbath close upon him. Consider that his health is not strong, and a tolerably fair idea of the success of the Administration may be formed. Mr. Lowe on being appealed to, relented so far as to lend him a dollar, which brought him to Oberlin; whence friends re- pleading private professional engagements of importance. His request was granted, and the Shortly previous to the first of March, Rich-cases put over to Tuesday, the 5th day of April, ard Winsor, indicted as Robert Windsor,* who 1859. It was agreed that the case of SIMEON was absent from town at the time of the first BUSHNELL should be first taken up, and that arrests, and had not been sought for since, pre- the others should come on in the order of the sented himself before the Court at Cleveland, docket, unless by mutual consent. At the reand asked to have the orthography of his name quest of the counsel for the defence the Court corrected, and to be bound over for trial; had granted Mr. Bushnell a "struck" jury,. which was accordingly done. which is a panel of forty, from which each party strike twelve peremptorily, and the first twelve of the remainder drawn by the clerk are sworn in.

turned him to his school.

* There are numerous errors in the orthography of the names, though not many of them so serious as this: the compiler follows the Clerk of the Court in this chapter.

CHAPTER SECOND.

Jury of that county at its last session, and was now confined in Lorain county jail, at Elyria.

TUESDAY, APRIL 5, 1859. On the coming | kidnapping, which was found by the Grand in of Court, at 10 o'clock in the forenoon, the case of SIMEON BUSHNELL was called, and the defendant responded in person and by counsel. In addition to the three gentlemen who had volunteered their legal services for the defence on the first appearance of the defendants, Mr. F. T. BACKUS now came forward in the same behalf. The District-Attorney associated with himself Hon. GEO. Bliss.

While the Court had the matter under advisement, however, Mr. Lowe made his appearance, having been discharged at an early hour on the bond of Mayor Sampsel [of Elyria], which was given as security in the sum of one thousand dollars for the defendant's appearance of May following.

Before the organization of the jury, the Dis- for trial on the 17th day

trict-Attorney informed the Court that he Twenty of the thirty indicted who had been should need a writ of Habeas corpus ad Testifi- arrested, were present at the bar of the Court, candum in behalf of Jacob K. Lowe, a material and being neither called on to renew their rewitness for the government, who, as he was in- cognizances nor taken into custody, continued formed, had been arrested at Grafton, the their regular attendance at Court, until ordered evening previous, on his way from Columbus to jail, as we shall see by and by. Their counto Cleveland, by Richard Whitney, a deputy- sel advised them that they were considered by sheriff of Lorain county, under and by virtue the Court as continuing their recognizances of a warrant issued by the Lorain County until voluntarily surrendering them. Of the Court of Common Pleas, on an indictment for twenty thus in attendance, sixteen were from

any opinion of the guilt or innocence of the accused; to which each responded for himself in the negative.

The DISTRICT-ATTORNEY requested the Clerk to call the names of the witnesses for the prosecution, which being done, and twenty-nine failing to respond, he asked an adjournment until afternoon.

Judge SPALDING asked that the jury might be sworn first. The trials were likely to be lengthy enough at best, and it was to be hoped that no time would be lost. He wished, also, and thought it only a matter of common prudence, that the jury should be put upon their oaths before going out to mingle with the community at large, where they would be constantly hearing the merits of the case discussed.

The DISTRICT-ATTORNEY thought an admonition from the Court would be sufficient safeguard, and answer every purpose, in which

The COURT concurred, and charged the jury to avoid all conversation among themselves upon the case they were about to try (as they would, of course, with other persons), and if any approaches were made to them, they would give immediate notice thereof to the Court. And thereupon a recess until 2 o'clock was declared.

Names of witnesses for the prosecution called. Thirteen failed to respond.

The COURT asked if the defence were ready to proceed.

Mr. RIDDLE asked leave to withdraw temporarily the plea of Not Guilty, in order to enter a motion to quash; which being granted, to quash filed subject to future call and arguthe plea of Not Guilty was withdrawn, a motion ment, and the plea of Not Guilty then resumed for the purposes of the trial.

Jury sworn.

It is but just to all concerned to remark, that although all parties connected with the prosecution were notoriously of one political faith, and all parties prosecuted of another, the Clerk of the Court, who had the making of the jury enSuch of the witnesses for the prosecution as tirely in his own hands, summoning without restriction whom he chose, was able to find only sworn, dismissed to the Grand-Jury Room, with were present were then called, and, after being ten men out of the forty who sympathized polit-an order from the Court not to enter the Court ically with the defendants, while he found thirty Room during the giving of testimony, until sent who sympathized with the Court. The ten were immediately "stricken" off by the District-Attorney, and the defence allowed their “choice” of the remaining thirty.

A series of similar acts, forming an unbroken chain from the beginning to the time of present writing, has doubtless induced the appellation somewhat widely used in the public prints of "The Political Trials at Cleveland."

Judge SPALDING, by permission of the Court, stated to the jury the nature of the case about to be tried, and then inquired of each juror, whether he had, in his own mind, formed

for.

The DISTRICT-ATTORNEY then stated the

case to the jury as he expected to prove it, by reading to them the indictment, which runs as follows: