them, have reached the down-hill side of life, and in acting out the noblest sympathies of nature and religion towards a fellow man, unwittingly found themselves in the tender mercies of a Federal Court despotism. The relentless Government pursuers held them and their homes in their grasp. The vindictive charge of the modern Jeffreys in the convictions had left them no hope. Fines and costs- the latter oppressively enormous in the U. S. District Court would leave them in their old age homeless and penniless. These considerations pressed heavily upon them. They sought legal advice of an "old friend" in whom they placed implicit confidence. The result, preconcerted between the Court and counsel no doubt, was as humiliating to them, as the speech preceding it was uncalled for, and astounding to the public. If the self-abasement of the Advocate to the Slave power and its Government officials was voluntary, the "old friends," who have not a pulsation in sympathy with either, should have been spared the pain and disgrace of a like, but on their part, an involuntary degradation. The way the thing was done is a subject of much inquiry by the public. A portion of the modus operandi is stated as follows:- The Wellingtonites were assured by the U. S. District-Attorney that he did not consider them in reality responsible for the Rescue. The Oberlinites are the ones the Government wishes to punish; and he would advise them to trust themselves to the mercy of the Court, and give their influence towards maintaining the law of the land. The Wellington men replied that the Fugitive Slave Law outraged all the principles of right, and that they never could obey it, or admit that they had done wrong in the case of John. District-Attorney Belden becomes a "subsaint," and urges, it is true, that law is an outrageous law, and I am frank to confess that even I would not obey it under certain circumstances. If a fugitive slave should come to me for money I would give it to him and tell him to go on his way. Now you were on the ground, and if you go to trial you will certainly be convicted. We shall convict all the Oberlinites. Patton and Cowles will be indicted. The Wellingtonites encouraged by the District-Attorney's "sub-saintism," conclude that he is ready to meet them half way, and they consent to throw themselves on the Court, some of them, at least, understanding that they were not to withdraw their plea of "not guilty;" and that their counsel should only protest that they were innocent, and that they had in no wise changed their minds upon that law. Pilate kissed them, and Andrew(s) crucified them. How crucified, let the following card proclaim from the house-tops: MR. LOVELAND'S STATEMENT. MESSRS. EDITORS:- After reading your remarks in last evening's Herald, in reference to me, I deem it due to myself to ask you to state that I did not intend to authorize my counsel yesterday to give my views on government, to the Court; and disclaim holding to many of the doctrines expressed by him. I simply authorized him to enter for me the plea of nolle contendere, protesting at the same time that I am not guilty of violating any law, and requiring the protest to be entered on the records of the Court. ABNER LOveland. About this time the following manifesto was published. It will explain itself. STATEMENT OF THE OBERLIN PRISONERS NOW IN JAIL. CUYAHOGA COUNTY JAIL, To the People of the Western Reserve: It is to state the facts pertaining to the imprisonment, clearly and correctly, and to define the present position of the imprisoned, that this article is offered to your consideration. To make the statement proposed intelligible. and complete, the narration must begin with the arrest which brought us before the U. S. Court. At the rising of the Grand Jury in December last, Marshal Johnson visited Oberlin, and notified the indicted, who lived there, that he had warrants for their arrest, and that he should expect to meet them in Cleveland at a given hour on the next day. The parties on whom the notice was served proved their appreciation of the politeness of the Marshal, in dispensing with the usual forms of arrest, and their disposition to give prompt answer to whatever charges the law might bring against them, by appearing in Court at the time appointed. Being brought to the bar, they declared themselves ready and anxious for immediate trial. The District-Attorney, evidently taken by surprise at the unexpected promptness of the defence, asked delay. The defence earnestly protested against an adjournment of their cases. The Court, however, granted the motion of the District-Attorney; but, in consideration of the fact that the defendants had made prompt appearance, and that they had been refused trial, discharged them on their personal recognizance, instead of putting them under bail as the prosecutor had asked them to do. The cases were set for trial on the second Tuesday of March. At the approach of that time The card below is inserted on personal re- the District-Attorney asked for a farther conquest made by Mr. Loveland:- Herald. tinuance of the cases to the fifth of April. The delay, although it put the defence to great inconvenience, was conceded by its counsel. When the appointed time at length came, all the indicted who had been arrested, except one gentleman who was very ill, presented themselves at the bar of the Court, nor did any of them fail of daily attendance during the Bushnell trial without the express permission of the District-Attorney. with his now imprisoned brethren. The Judge replied affirmatively, and moved the Court in Mr. Plumb's behalf to cancel his recognizance, and allow him to join those who had been put in custody. The motion was granted. This occurrence called the attention of counsel to the recognizances of those who were now in the Marshal's keeping, and Judge Spalding arose and said, "Your Honor will, of course, direct the Clerk to cancel the recognizances of all the gentlemen who have been put into custody. It would be improper that their recognizances should stand while they are in prison. Certainly," replied Judge Willson, it will be done of course. In the course of the Bushnell trial it was made clear to the defence that there was a desire on the part of the Court to secure the conviction, and a determination on the part of the District-Attorney to bring about the humiliation" of all the indicted. The proofs of a purpose to make a judicial and personal war upon them were so plain, that the defendants could not shut their eyes to them. They felt constrained, therefore, to be on their guard and to be watchful against emergencies which might involve them in lasting injury and reproach. This purpose, however, did not prevent their continuing the full compliance with the rules of the Court, and with the terms of their recognizances, which they had before rendered. The Court and some of its officers seemed to realize, at once, that injustice had been done to the parties in custody, and that some means for escape from the odium which would be incurred by the order for imprisonment, should be found. Accordingly, the Marshal soon came to the party in duress, and proposed that the whole party should go home, giving its promise to return on the next Monday morning. (The proposition was accompanied, however, with Affairs being in this posture, the Govern- the distinct statement, repeated at least once, ment evidently seeking opportunities for assault, that "Bushnell was not to be included in the and the defence looking well to its means for category.") The Court, also, in reply to a parrying the assault, the Bushnell trial came to proposition from the District-Attorney, that an end. On the rendition of the verdict, con- ample security should be required of the perversation arose between counsel on the two sons in custody, before they should be permitted sides as to what case was to be tried next. It to go at large, replied that if they chose, they was finally determined by the Government that should go out on the same terms on which they Langston's case should be called on, and coun- had had liberty since their arrest, viz., by givsel for the defence, which had previously said ing personal recognizance. This ruling plainly that it was not ready to go on with that implied that the procedure which had resulted case, signified that it would be ready by the in the commitment had originated with the time the jury was drawn. What was the sur- District-Attorney and Court (otherwise it would prise of counsel at hearing the Court declare have been rebuked by a change of the terms of that the same jury was to try all the "res-bail), or in short, that it was warranted by no cue cases all of them, be it noted, involv-wrong-doing coming on the part of the persons ing the same material points. How then could committed, and that it was regarded by the a jury just having risen from the consideration Court itself as being legally unjust. of one of them, impartially address itself to the Confident that the commitment had proconsideration of another? Against this re-ceeded from personal malice and a determinamarkable order of Court, the counsel for the defence made earnest protest, and finally declared that "under such a ruling, the Court might go on with the cases as fast as it pleased, the defendants would not stultify themselves by either offering evidence or appearing by counsel." With this, the District-Attorney moved that the defendants be ordered into custody. The Court replied, "The District-Attorney is entitled to the order. Let the accused be called." The Clerk then read the names of the indicted, and those present were directed to put themselves under the control of the marshal, who cleared seats for them. While this was going on, Mr. Ralph Plumb, one of the indicted, whose case had previously been put over to the November term, went to Judge Spalding, and asked if his recognizance would not be taken up, so that he could cast in his lot tion to humble them, on the part of the DistrictAttorney, and at least a willingness to have them driven to the wall, on the part of the Court, and feeling that they would enter most emphatic protest against the insult and legal injustice which they had suffered, by remaining in custody of the Marshal until the Court should amend the wrong or the law should relieve them, and that while the question as to the jury was yet open, it would be politic to let the responsibility of the commitment rest with the Court, the defendants for the time refused the offers both of the Court and Marshal. They were further prompted to this course by the consideration that it would permit them to share Bushnell's fortunes as long as possible. They did, however, say to the Marshal_that "they were under his orders, and should do, to the letter, what he directed." He replied by sending them to jail. have encouraged the Prosecution in the belief that they were effectually humbled, and that they had forsaken their cause as being lost. That they were justified in believing that their It was, therefore, because the Court, without being justified by wrong-doing of any kind on their part, had ordered them into custody, and thus grossly insulted and wronged them, and because they were unwilling to be made the scape-entering into recognizances or giving bail at this goats of the judicial outrage (as they would have been, had they, by making concessions or accepting favors, relieved the Court of the burden of the indignity which it had forced upon them) that the committed "rescuers" came to jail on the afternoon of Friday, April 15th. time would have been regarded in this light, is proved by the despatch which Marshal Johnson sent to the President of the United States on the afternoon of the 27th, the substance of which was stated in the Washington Constitution as follows: the fugitive slave law, and that three of the most respectable of them had given bail for their appearance to stand their trial before the District Court of the United States. Every thing was The obvious implication of this despatch was twofold; first, that Northern repugnance to the fugitive slave act had received à decided blow from the decision of the Supreme Court, and secondly, that the hearts of those who had entertained this repugnance and had actively expressed it, were fainting under the blow. The imprisoned felt that they could not, in honor or "The President last evening received a teleBut it was expected by the imprisoned com- graphic despatch, dated at Cleveland, from the pany that when Court was called on Monday Marshal of the Northern District of Ohio, statmorning it would, by recalling its order respecting that the Supreme Court of that State had ing the Jury, if not otherwise, open the way unanimously refused the writ of habeas corpus for their restoration to liberty upon the same foot- in the case of the persons in his custody, under ing which they had occupied before their commitment. They were not disappointed in their expectations that the Court would recede from its (as its seemed to them) exceedingly unjust ruling as to the Jury. But they were disap-quiet." pointed in finding that their way to an honorable release was hedged by an entry on the Journal of the Court, which averred that the defendants were taken into custody because they had surrendered themselves in discharge of their recognizances. They at once saw that this entry either grew out of a misapprehension of facts, or resulted from a determination to compel them to remain in custody, or to re-in duty, justify the second intimation of this gain liberty at the expense of a plain acknowledgment that they had been guilty of folly and indiscretion which well deserved punishment. Hoping that the first was the correct view, they made, through counsel, a statement of the facts, and asked that if the Journal could not be so corrected as to correspond with the truth, it should be either vacated or made to present, in a new entry, the fact that they differed with the Court in their understanding of the matter. The Court kept the request under advisement through the day, and then announced that it had determined to let the record stand as it was. This announcement compelled the imprisoned to believe that their humiliation was determined by the Court. Under such circumstances self-respect forbade their entering into new bonds. Knowing that the matter they had in hand was an important one, and that either remaining in custody or giving new recognizances involved great issues to themselves and others, the imprisoned took time to consider both their position and their duty. While they were pursuing their inquiries, they entertained the hope that the Supreme Court would release them from the duress by granting them habeas corpus. Their hope in this direction was presently blighted by the refusal of the Court to grant the writ, and then they found the way to honorable escape from custody more effectually closed than it had ever before been. If they had entered into recognizances or given bail upon the heels of their defeat at Columbus, they would singular despatch, and that if they were ever to yield it must be when the cause they loved was not going backward, and when their yielding would not accelerate its decline. So they waited for a better day, all the time longing to be at home and about the business which sorely needed their presence, and suffering under the irksome constraint of prison life, they eagerly sought the place for honorable escape. They thought they would perhaps find that place at the close of the Langston trial. They assured themselves that the developments of that trial would prove to the Court that if the testimony for the Government was justly weighed and the evidence for the defence was measured as it should be, no one of the rescuers could fairly be convicted, and that the prosecution would be dropped. But the end only showed a judicial bias stronger than before, and a partisan feeling on the part of the Jury, which could not rest short of a verdict of guilty. Thus was the prospect for making honorable escape, which the imprisoned sought, made darker than it had yet been. But that they might leave no stone unturned, the imprisoned presented, on Wednesday last, as from John Watson, one of their number, an affidavit setting forth the facts respecting their imprisonment, and followed it with an appeal from Mr. Riddle, in which, reciting again their story and asserting their rights, they demanded either speedy trial, discharge from process, or such a correction of, or entry upon the journal as would permit them to occupy, without dis credit to themselves, the position they formerly held before the Court. But the appeal was in vain. A bland intimation that there was no barrier to the liberty of the imprisoned but "punctilio,” and a positive refusal to do what was asked, was the only reply which the Court saw fit to give. And so the incarcerated company finds itself effectually shut out from all relief except such as it cannot but scorn. We must not close without saying, that in all that we have done, we have cautiously inquired what is right, and what expedient? Nor have we trusted to our judgments only. We have invited the counsel of as wise and judicious men as we could reach, and our conclusions have been those to which we have been conducted by what has seemed to us the decidedly preponderating opinion of the seven or eight eminent lawyers with whom we have been in constant consultation. H. E. PECK, We DAVID L. WATSON, JOHN WATSON. To sum up the points involved in the above history, the imprisoned are here because an order of the Court put them here; they stay here because a judicial wrong under which they suffer is unredressed, and because a jour- And, withal, we have constantly looked for nal entry of the Court will not allow them to direction to that Superior Intelligence, which go out without personal disgrace-the disgrace gives "wisdom to all who seek it and upbraidthey would suffer in virtually acknowledging eth not." At every step, what we have regardthat they had been guilty of a most foolished as manifest, Providence has pointed the way. action, and that they were ready to sneak away We still look to our Divine Guide for direction. from the dilemma in which that action had We know that if earthly tribunals deny the replaced them. The self-respect of the impris- lief we ask, the higher Court to which we look oned, the sense of honor which Heaven planted will, in due time, send it. We assure ourselves in their souls, and which revered parents care- that the Great Arbiter will not be pleased with fully nursed, will not permit them to involve conduct on our part, which will degrade ourthemselves in such disgrace. It could never be selves, or betray a good cause; and we are. with them a matter of mere "punctilio" to equally confident that if we stand to our integavoid the dishonor to which their only chancerity, he will appoint an issue to our troubles, of escape exposes them, and now the circum- which will honor Him and fully satisfy us. stances in which they are placed and the rela- cheerfully wait the opening of the "door which tion which they sustain to a good cause, beset no man can shut!" and imperilled by oppressive power, make what might, in another case, be an inconsiderable affair, rise into a duty of the greatest magnitude. The imprisoned cannot allow it to be said that when Freedom was assailed on her last field, they ingloriously dropped their banner to save themselves inconvenience and suffering. They are not willing to have even an appearance of submission to tyrannical power on their part, become a pledge that the diabolical Fugitive Slave Act is hereafter Messrs. Peck and Others, Prisoners, etc., to work its Own on the Western Re- GENTLEMEN: The following we believe to be an accurate statement of what transpired It will be observed that in both the histori-in the U. S. District Court on the 15th ult., in cal sketch, and the summary above presented, connection with the order made by the Court, we (for we will here drop the third person) that you be taken into custody by the marhave laid special stress on the necessity for shal: maintaining a protest against what we regard Upon the announcement of the verdict of as judicial tyranny, and the point of honor the Jury in the case against Bushnell, the case which prevents our liberating ourselves by of Langston was called by the Court, and ingiving bail. Nothing has been said with re- quiry was made as to whether the parties were spect to the policy of our course. This, how-ready. The District-Attorney stated that the ever, is a matter which has been constantly Government was ready. Defendant's counsel kept in view. We have thought, and still replied that they were not ready in that case, think, that in various ways, a manly and but were in the case against Peck. The Disstraightforward course on our part, would trict-Attorney insisted upon taking up the cases promote our cause. Precisely how the main- in the order in which they stood on the Docket. taining of our determined protests against what we have regarded as injustice and falsehood, would advance our interests in the defence of our cases, it would not be politic for us to say. In due time we shall give to the public a full disclosure of the motives which have acted on us in this direction, and we believe that such a disclosure will fully satisfy all who have doubted serve. STATEMENT OF COUNSEL. } The Court said the Government had the right so to insist; and again asked if the defence was ready in the case of Langston. His counsel replied that they probably should be by the time a Jury should be empanelled. The District-Attorney and the Court both said that the Jury then in the box (being the one that had just returned the verdict against Bushnell), were the regular Jury for the trial of all the cases. dropped. Finding it not so easy to “ "drop' them by simply opening the hand, there was no choice but to retreat, bolt, or plead. The Court preferred pleading. A number of individuals were employed to approach them from various quarters, and with various inducements. The total success of these combined Our venera forces has already appeared. " and directed the proper entry to be made for that purpose by the clerk. Judge Spalding also moved the Court that the continuance in the case of Mr. Plumb, which had before then been entered, might be cancelled, and he be permitted to surrender himself in discharge of his recognizance, which was accordingly done. We cannot be mistaken in the fact that you were ordered into custody, as above stated, and that you did not surrender yourselves, as alleged in the Journal entry. R. P. SPALDing, S. O. GRISWOld, F. T. BACKUS, Cleveland, May 14, 1859. ! Down on the other knee then. "Will you give us your word to return when we send for you? "Never, gentlemen. You have treated me like cowards, insulting my honor when it was pledged. I shall not allow you an opportunity to repeat the outrage.” The testimony What was to be done? against the old gentleman would be next to nothing; the indictment was only to harass; the game with him was out, and they found themselves in decidedly the worst of it; the old man MUST be shaken off at any cost. All along on their faces! "Will you go home if you are turned out of jail?" "If the choice were to sleep in the streets or go home, I think I should go home!” said the good-humored old gentleman, shaking his sides with quiet merriment. "And come back when your counsel advise it?" "I shall be likely to follow the advice of my counsel so long as I employ them." "Well, then, go!" So FATHER GILLETT went. Great efforts had been made to rid the docket of the indicted from Wellington, as may already have been inferred. The prosecution was fast becoming so emphatically a Fourteen Oberlin men now remained in "pursuit of" no matter what-"under diffi- prison, twelve of them yet to be tried. The culties,” that “retrenchment" somewhere grew Court gave out by the Court is meant, in to be a necessity too urgent for neglect, and this connection, not only the Judge, but the the Wellington defendants were considered on District-Attorney, the Marshal, the Clerk, and several accounts the more proper to be first all their attachées as well, since they acted in |