O, goodly and grand is our hunting to see,
In this "land of the brae and this home of the free."
Priest, warrior, and statesman, from George to Maine,
All mounting the saddle, all grasping the rein -
Right merrily hunting the black man, whose sin
Is the curl of this hair and the hue of his skin.
- John G. Wittier
The ordinance of 1787 prohibited
slavery in the Northwest territory, but added further: "Any
persons escaping into the same from whom any labor or service is
lawfully claimed in any one of the original states, such
fugitive may be lawfully reclaimed and conveyed to the person
claiming his or her labor or service aforesaid." On Feb.
12, 1793, (Lincoln's birthday to be 15 years later) the first
fugitive slave act was passed, which was that when a fugitive
slave had crossed the Ohio river the owner of the slave can
produce oral testimony or make affidavit before any magistrate
that he is the owner and the fugitive shall be given to him.
Any person obstructing or hindering the owner or secreting the
fugitive was subject to a fine of five hundred dollars.
Later, the feeling of the North had become so
pronounced against slavery that the question was beginning to
take form as a party issue, and through the influence of the
South, Congress was forced into the passage of laws in the
interest of the slave-holders. On Sept. 18, 1850, Congress
passed the notorious "Fugitive Slave Act," which allowed the
owner to go before any magistrate, swear to his ownership of the
slave, and take possession of him. The officer who failed
to arrest the man on this affidavit was liable to a fine of
$1,000, and if he failed to prevent the escape of the slave
after his arrest, the officer's bondsmen were liable to the
slave-owner for the value of the slave. Further, any
officer with a writ, had the right to call on any citizen to
assist him in the capture of the slave. The slave could
not testify in his own behalf, neither was he allowed trial by
jury. Any person rescuing or secreting an escaping slave
was liable to a fine of $1,000 and six months' imprisonment, and
civil damages to the owner for the value of the slave.
Of this law, Joshua R. Gidings, a member of
Congress at the time, truly said, "The freemen of Ohio will
never turn out to chase the panting fugitive. They will
never be metamorphosed into bloodhounds to track him to his
hiding-place and seize and drag him out, and deliver him to his
tormentors. Rely upon it, they will die first. Let
no man tell me there is no higher law than this fugitive bill.
We feel there is a law of right, of justice, of freedom,
implanted in the breast of every intelligent human being, that
bids him look with scorn upon this libel on all that is called
law."
From earliest time the general sentiment of the people
of Ohio was against slavery, and there was great anxiety among
the early settlers as to whether the constitution of 1802, which
followed the Ordinance of 1787, would make Ohio a state where
slavery would never exist. Col. Kilbourne, who laid
out the town of Bucyrus in 1821, had in 1802 organized a company
and selected the land where Worthington now stands, north of
Columbus, with the intention of bringing mechanics and farmers
to that section from Connecticut. All arrangements had
been made. Then he returned home and patiently waited to
see whether Congress would accept the Constitution of Ohio and
admit it into the Union as a free state.
The Constitution was drawn up and submitted to
Congress, was accepted, and slavery was forever barred in the
state of Ohio. As is known, south on the Ohio river where
the slave states: north of Ohio was Canada where slavery did not
exist, and as time ran on, the state of Ohio became traversed by
routes over which slaves sought freedom in Canada after escaping
from their masters south of the Ohio river. At the start
the few who escaped where not sufficient to cause any special
worry to the slave owners. The United States had passed a
law giving the slave owners the right to come into Ohio and
seize their property wherever found. The people in this
State did not favor so radical an action, and the result was
laws were passed if not annulling at least crippling the rights
of the slave owners.
The first case of an escaping slave in which this
county is in any way interested, was in 1812 in which Col.
Kilbourne, who laid out Bucyrus, cut a prominent figure.
The town of Worthington was about half-way between Delaware and
Columbus, the latter being then known as Franklinton. An
alleged runaway slave had been seized by the owner at Delaware
and had started south with his property. The Delaware
citizens sent a rider ahead to notify the people at Worthington
of the arrest, well knowing they were from Connecticut and were
opposed to the return of any slave. As soon as word
reached Worthington, Col. Kilbourne took prompt measures
for the release of the slave. He was at that time justice
of the peace. The slave owner arrived on horse-back, and
the negro was on foot, a strong rope being around him which was
attached to the pummel of the saddle and the tired wretch was
compelled to keep up as best he could. When they reached
Worthington the villagers surrounded the horse and rider and in
the confusion, the rope was cut and the negro released, but
Col. Kilbourne was a law-abiding citizen and when the slave
owner appealed to him for redress, the justice coincided with
him and the negro and his owner were both taken before Squire
Kilbourne. The owner claimed the slave was his
property, but the justice had grave doubts as to whether his
affidavit was sufficient proof of ownership and released the
slave to await further proof, to the great delight of the
citizens of Worthington. The owner of the slave went to
Franklinton, the next nearest justice where he secured legal
papers, and two days later he returned, and Mr. Kilbourne
promptly gave him another hearing, and decided the slave was
his. But when they came to look for the slave, he was not
to be found and although nearly everyone in the village was
examined, no one appeared to know what had become of him until
after the disgusted owner had left. The facts are that the
day after the slave had been released, Col. Kilbourne had
himself placed him in charge of the driver of a wagon train that
was carrying supplies to Gen. Harrison at Ft. Feree, now
Upper Sandusky.
By 1825 the escape of the slaves
through Ohio was becoming so serious a matter to the slave
owners that the secretary of state wrote the British Government
that it was a growing evil and might endanger the peaceful
relations existing between the United States and the British
Government, and suggested that something be done so that owners
might secure their property in Canada. England steadfastly
refused, on the ground that the British Government "could not
with respect to the British possessions where slavery is not
admitted, depart from the principal recognized by the British
laws, that every man is free who reaches British ground."
The next year, in 1826, the United States endeavored to make an
extradition treaty with England for the return of the fugitive
slaves. The English Government again refused,
holding a fugitive slave was not subject to extradition, on
account of the English principle that when any man sat his foot
on British soil, he was free. So Canada at all times,
remained the haven of refuge to the escaping slaves, and for
thirty years Fourth of July orators were rewarded with thunders
of applause as they boasted of the freedom of America and
denounced the despotism of England.
The Quakers, the Free Presbyterians
and the Wesleyan Methodists had among them many members who
looked upon slavery as a crime, and these gave assistance to
slaves who were making their escape through Ohio to freedom in
Canada; they later sent emissaries into the Southern States to
induce slaves to flee from their masters, all information as to
their route through Ohio being given them before they started.
From the Ohio river to the lake, Ohio had become honeycombed
with routes taken by these fugitives, and they became known as
Underground Roads. When an owner started in pursuit of his
slave, it was easy following him to the Ohio river, but once
across the river all trace appeared to vanish, and one slave
owner after losing track of his property when he had reached
Ohio, made the remark that he must have gotten away by some
"underground road", and that remark gave these routes their
name.
It should be remembered that the
aiding of a fugitive slave to escape, or the giving of succor or
support to him was an offense punishable by fine and
imprisonment. Therefore it was seldom that any record was
kept by the men who ran the underground stations, from which any
absolute and definite information could be obtained, and yet,
any number of these stations existed in Crawford county.
There were two principal routes through this county, one of the
pike road which goes through Bucyrus, and the other the old
Portland road which passes through Galion, Leesville, and West
Liberty. Professor Wm. H. Seibert in his work, the
"Underground Railroad," gives two towns that were stations in
Crawford county, Leesville and Tiro; in the list of those
connected with the underground road he gives but two names, Fisher
Quaintance and Joseph Roe. No trace
can be found of Tiro being a station, nor is there any trace of
Joseph Roe.
In 1839 a slave case occurred at Marion, in which a
negro known as Black Bill was seized by his owner.
Black Bill had been a resident of Marion for about a year
when one day a man named McClanahan came to Marion and
claimed the slave. Public opinion was against the slave
being spirited out of the community, so the owner returned to
Virginia, secured what he thought was the necessary papers and
came on to Marion, where with half a dozen of his marshals, the
slave was seized and the case came on for the hearing before
Judge Ozias Bowen and his three associate justices, one of
them being Thomas K. Anderson. At the trial, the
court found the owner's case had not been proven and the negro
was released. No sooner had the judgment of the court been
pronounced than the marshals, who were assisting the owner,
promptly seized the slave, and notwithstanding the opposition of
the court officials and some of the citizens, the negro was
hustled and dragged from the court room and taken before a
justice of the peace, where the owner made the usual oath that
the slave was his. Naturally Judge Bowen and his
associates were indignant at the outrageous act of the slave
owner in seizing in the court room a man whom they had declared
to be free. Judge Anderson went to the squire's
office, where he secured an entrance, and opening the back door
of the building he told the negro to make his escape, and before
the friends of the owner realized what was going on, Black
Bill was out the back door, fleeing down the street.
His pursuers followed and there was shooting and stone throwing
on both sides. Generally the friends of freedom contented
themselves with getting in the road of the pursuing party, and
sometimes tripping them up. Fear lent the negro wings, and
as it was evening and darkness coming on, he eluded his
pursuers. That night, he slept in a swamp north of Marion.
While in Crawford county there were probably 20 to 30
people at that time who were more or less engaged in assisting
slaves to escape, there were many others who took no hand in the
matter but favored the escaping slave. But it was also
probable that while there were a number who would gladly have
assisted in capturing an escaped slave, to secure the reward,
yet the large majority at the start treated the matter with
indifference and in the thirty years from 1830 to 1860 no record
can be found of any slave that was ever captured in this county
and returned to his master. And yet, it is safe to say
that in those same years at least 500 men found their way to
freedom through Crawford county. Nothing is known of the
exact route of Black Bill after he left his hiding place in the
swamp near Marion. He may have gone north at night over
the Sandusky pike, and found refuge during the day at
Benjamin Warner's, who kept a tavern four miles south of
Bucyrus. He was a Quaker, and this sect were the strongest
in the state on the side of the fleeing negroes. He may
have reached New Winchester, where at that time Peter Wert
had a mill just north of the town which was a station on the
Underground Road,. At any rate, McClanahan, his
master, never saw him again. In October, 1839, the Bucyrus
Democrat published a full account of trial and escape of
Black Bill.
The escaping slaves entered this count in the
eastern part from Iberia where there was a prominent underground
station, this little village being filled with sympathizers of
the fleeing fugitives. It was this town which furnished
almost the last incident in regard to punishment of men for
assisting slaves in making their escape. A professor in
the college at Iberia had been arrested for assisting and
escaping slave and had been sentenced to a term of imprisonment
and one of the first acts of President Lincoln was the
pardon of this man. The most prominent man in this county
connected with the Underground Road was perhaps Peter Wert,
first of Leesville and later of New Winchester. He was
known as Black Pete, not on account of his friendship for
the slaves, but on account of his complexion, as he was very
dark. He was a man of strong determination. He had a
wheel shop at Leesville, and here the slaves came to him after
night. They generally arrived just before daylight, a
signal was given by them which was recognized by him and they
were brought into the house, given food and a place of shelter
during the next day, and when night again came, they were given
explicit directions to their next stopping-place which was
probably the Robinson mill on the Sandusky river, near
the old Luke tavern. Near the mill was the
residence of James Robinson, and just back of the house
was a small building known as the "mill house." The
building had only one door, and was originally but one room.
A partition was built across one end, the only entrance to this
closet being a low door, which was concealed by piling sacks of
grain and meal in front of it. In case pursuing masters
were in the neighborhood the escaping slaves were hidden in this
closet until all danger was over.
George Dean who still lives in
Bucyrus and is today an old man, states that in his boyhood days
(1840 to 1850) he has gone over to the mill which was owned by
his uncles, James and William Robinson, and has seen
negroes in the yard, men, women and children and a few days
afterward they were gone. Of course, the neighbors
knew of this, and while they would not assist an escaping negro,
they were not so bitter at that time as to prevent anyone else
from doing so. About three miles north of the Robinson
Mill was Henry Kaler's residence in Sandusky township.
He was a shoemaker and to his house the negroes were piloted.
Occasionally when the people showed symptoms of objection to
this violation of the law, Robinson himself took
the men to the next station. He had a spring wagon used
for hauling grain, and on this he had a covered top so that
nobody could see the contents of the wagon, but it was generally
known that when this wagon went north after night, there were
escaping slaves inside. This wagon was mostly used when
there were women and children in the party. The men
generally walked. The wagon held from six to eight people.
Kaler, the shoemaker, in the early days traveled over the
country making shoes for the settlers. He was not well to
do and made his rounds from house to house on foot, and knew
every hiding place in that section. For while, as
previously stated, no slaves were ever know to be recaptured in
this county, yet there were frequently men watching all roads to
the north to capture an escaping slave in order to secure the
reward. It was therefore necessary for the slave to be
hurriedly hid, sometimes in a well, sometimes in an old hollow
tree, or in some abandoned outbuildings or barn.
Frequently they were placed in some barn with hay loosely
sprinkled over them, and here they remained two or three days,
fed by the keeper of the station until all danger of pursuit had
shifted to some other locality. North of Kaler, was the
celebrated Bear marsh, which was an excellent hiding place, and
near this lived John McIntyre another station on the
Underground Road. He was an old Scotch Presbyterian.
From here it is difficult to trace the route. Seibert
in his book states that Tiro was an important station on the
Underground Road. It no doubt was, as the settlers there
were New Englanders and such men as Rudolphus Morse,
Resolved White, Samuel Hanna, and others were the men who
would be strongly in sympathy with the underground movement, but
no record can be found of anyone in Auburn township who kept a
station on the road and it is absolutely certain there were a
dozen. The objective point was Sandusky on the lake.
Five or six routes passing through the state converged at that
point, and, as stated, two of these were through Crawford
county.
Near the Portland road, running north and south through
Vernon township, were several houses where the fugitives were
cared for. The house of John McCaskey was supposed
to be one. The road was traveled by dark men on dark
nights, and many a happy African who reached Canada, remembered
with gratitude until the day of his death the hospitality and
humanity of several citizens of Vernon. David and
Samuel Anderson often entertained ebony runaways aiming for
the north star. These were guided to the dwellings under
cover of the night, and if brought there near morning, were kept
concealed, and fed during the day and then conveyed to some
station near Canada and freedom. Concealment was
necessary, because in harboring runaway slaves, the law was
violated, and after 1850 there were many whose sympathies were
with the slaveholder, and they would not have scrupled to reveal
the name of the law-breaker. This resulted in concealment
and the nocturnal pilgrimages of the runaways.
William Robinson who still lives in Crestline
lived with his father when a boy at North Robinson (1840 to
1850), and remembers times when colored people after night
stopped at their door and asked to be cared for.
Robinson's place was not an underground station but like
most others in the county at that time he would not interfere
with any one else assisting them, and the fugitive was directed
to the proper Robinson at the mill several miles north.
Both Peter Wert and William and James Robinson
were Scotch Presbyterians, in fact Covenanters, and these with
the Quakers were the most open opponents of human slavery.
Along the Sandusky pike four miles south of Bucyrus,
was the tavern of Benjamin Warner, one of those worthy
men who was raised in the society of Friends and like that
taciturn and sagacious sect, kept his own counsel, but his
neighbors were certain that his hospitable home was one of the
stations on the Underground Road. In keeping his tavern,
all people were welcome, and the poorer settlers coming into the
country looking for land were entertained over night, given
their breakfast in the morning and sent on their way rejoicing.
And if they were very poor, never charged for their
accommodation. To the oppressed and fleeing slave, seeking
a haven of freedom in Canada his lines were cast in pleasant
places when he reached the tavern of that good old Quaker,
Benjamin Warner. North of Bucyrus was the Quaker
settlement and it is astonishing the number of visits that
Warner made to his friends living there. And it is
certain many of his friends must have been aware when he drove
through the streets of Bucyrus with a large wagon drawn by two
horses and containing nothing but loose straw, that many a
trembling slave was concealed beneath the straw, and yet he made
these trips in broad daylight. Here is an extract from his
obituary notice, published after his death which occurred May 8,
1870. After speaking of his generosity to poor travelers,
it said: "Nor is this all. The worthy man was raised as
one of the Society of Friends, and like that sagacious sect kept
his own counsel, and it was more than surmised that his
hospitable home was one of the safest stations for those
oppressed victims who were seeking the north star; and many a
time has he on pretense of visiting his brethren north of
Bucyrus, hauled trembling chattels, concealed in his wagon,
boldly and bravely in open daylight through Bucyrus."
On the Tiffin road Fisher Quaintance settled
about 1829 and his home was a station on the Underground Road.
Here the escaping slave sometimes worked about the farm, and in
case anyone was seen coming along the road he was hidden in some
secret place until all danger was passed. Joseph
Quaintance, still living, remembers that at one time one of
the slaves who stopped at the farm ahd learned the carpenter
business, and while hiding on his father's place built a cradle
for the cutting of grain. Mr. Quaintance remembered
the incident, although he was a boy, from the fact that they had
a very savage dog who became very friendly with the colored man
and when he left, the dog followed him, much to the satisfaction
of the family. Just west of the Tiffin road was a family
by the name of Jackson, a father and several sons,
Stephen, Isaac and Abraham. This house was back
in the woods and a slave once reaching there was safe. The
slaves were always brought to Jackson's cabin during the
night, usually after 10 o'clock. The Columbus and Sandusky
pike was extensively traveled by slaves without guides, as the
road was so plain that no mistake could be made. But the
traveling was usually done between ten o'clock at night and
daylight the next morning. Isaac Jackson and his son
Stephen have been seen to carry sled-loads of them north
into Seneca county. At one time, about 1853, they were
seen to have six or eight negro women and children in a sled,
which was driven rapidly north, while five or six negro men,
unable to get into the sled, ran at the side or behind, and the
smoothness of the snow-covered road enabled him to get them far
on their way before daylight to some station much nearer Canada
and freedom under the British flag. The night was bitterly
cold, though the moon shone brightly on the scene, revealing the
runaways to the people along the road, who were willing to jump
from their beds in the cold, and look from the window or door.
Almost every citizen who lived on the Columbus and
Sandusky pike half a century ago could remember of seeing many a
dusky runaway skulking along the road under the cover of the
night, or being driven rapidly north by some assisting friend.
It occasionally happened that pursuing masters traveled over the
road; but none of these residents remembered that any runaway
slave was ever captured by his master while escaping through the
county. It was not customary for slaves to stop at houses
directly on the road, even though the owner was a known friend.
As morning approached they left the road, and stopped at
dwellings several miles from its course. It thus occurred
that Quaintance on the Tiffin road and the Jacksons
were used as hiding places, and several citizens in and near the
village of Lykens were known to harbor the black man, and
to convey him farther on his way to Canada and freedom. On
one occasion one of the citizens was seen with a wagon load of
dusky women and children, heading for the house of some friend
in southern Seneca county. And, at another time, a half
dozen or more of half starved, half clothed negro men were seen
in a barn in Lykens township.
Another station was that of Eli Odell. He
was a cabinet maker and at one time a miller. Odell's
Corners four miles east of Bucyrus. He was very pronounced
in his views on slavery and held that it was a moral duty of
every man to assist the runaway slaves, and that he would pay to
attention to any iniquitous law which required a citizen to
assist in capturing the slave and returning him to his owner;
that now law could give to one man the right to own another
human being, and therefore it was no crime to break any law
which in itself was against the law of God. Slaves were
brought to him by Peter Wert and from his place they were
either piloted across to Kaler or McIntyre in Sandusky township,
or some station at or around Sulphur Springs, although no trace
can be found of one there. The fact is, the danger that
some neighbor, through vindictiveness or for the greed of grain,
might give evidence against them made them cautious, and many of
these places that were underground stations can never be known;
and toward the last, after 1850, this county became more bitter
against those assisting escaping slaves, and the greatest
caution was necessary, slaves being transferred from station to
station after night, without being seen by anyone except those
belonging to the underground road.
No record can be found of those in Bucyrus who kept
stations on the Underground Road with the exception of Capt.
John Wert. That Rev. John Pettitt kept a
station there is no doubt, but there is no proof. Neither
do older inhabitants who knew him remember of any word he ever
let drop to indicate that his house was a haven of refuge for
the fleeing slaves. He lived for a while on what is now
the Magee farm south of Oakwood cemetery. He was
always opposed to slavery and said so at any and all times.
Yet there is no proof that he was connected with the Underground
Road. Neither is there any proof that John Anderson
kept a station on the road. Yet he kept the American
house, and in the upstairs room was where an abolition speech
was made and an anti-abolition demonstration occurred in Bucyrus
in 1839. The meeting was being held on the second floor
southeast room, the corner room fronting on Western and
Sandusky. It was addressed by the Rev. Mr. Streater
a Protestant Methodist minister, and it became known that he
would deliver an abolition address. During the evening a
crowd collected in front of the hotel and for a time contented
itself with hooting and jeering, but later stones and brick bats
were thrown and the windows broken in, and a rush was made
inside the building, the crowd demanding the speaker, but he was
secretly removed from the house, and made his escape.
Daniel Fralic of Brokensword was present at the time and
said that for a while things were pretty lively. He
crowded himself into a corner until the storm was over and then
quietly left the building. After the mob reached the room
stones and brick bats were still freely thrown and some of the
furniture broken.
After Anderson had quit the hotel business he
had a frame building just north where he ran a tin shop, and
here the anti-slavery men held frequent meetings, but as far as
can be learned they were never disturbed. In the rear room
of the tin shop one night some 15 persons gathered to hear a
colored slave give an account of his flight to freedom.
The slave was a carpenter and lived in one of the Gulf states.
By some means he had learned to read and write. He made
his escape to New Orleans, where he forged his master's name to
a pass and secured a job on a steamboat as a carpenter and thus
worked his passage up the Mississippi and the Ohio, and on
reaching Cincinnati he had been piloted over the underground
road and had now reached Bucyrus. A collection was taken
up and he was cared for that night and the next day, and after
dark the next evening he was directed to the farm of
Jesse Quaintance in Holmes township. The meeting was
very quiet and orderly, and although he was in the town 24
hours, no attempt was made to prevent his escape.
About this same time Capt. John Wert lived near
the southeast corner of Mansfield and Spring Streets. He
had a wheel-wright shop on the same lot and did work at this and
carpentering. He had several sons and all were strong
abolitionists. One night a slave owner came to Bucyrus
with two of his followers, having been given private information
that his slave would be found secreted at the house of Capt.
Wert. He had closely followed him from the Ohio river,
and he went immediately to the house of Captain Wert and
demanded the slave. Being refused the threatened to enter
the place by force and make a search. Mr. Wert
seized a gun and stated that house house could not be searched
without the proper papers. The sons also had their guns,
and the man with his two slave-catchers came back up town to
secure the necessary papers. The news soon spread,
and in half an hour when the slave owners returned there was
quite an excited crowd with them. The captain still warned
them off with his gun and parlied with the officials.
Stones were thrown and brick bats, some of the windows were
broken, but the grim old man, gun in hand, stood firmly by his
position, but after half an hour he yielded and the house was
searched but no slave found. it was freely stated by some
in the crowd that a negro had been seen there early in the
evening. He may or may not have been seen, but whether he
had or not, two of the sons were missing when the house was
searched, and later it was learned that while the man had gone
up street to secure his papers the sons had taken the slave to a
safer abiding place farther north, and the parley of the old man
had been simply a pretense to gain time.
After the C. C. & C. road was built through Galion, it
was sometimes used to send slaves north to Cleveland. On
one occasion an escaping slave who was on the train, happened to
look out of the window and saw his mater get on the rear car.
He sat with fear and trembling until the conductor came by; he
had been told beforehand that in case of emergency the conductor
would do what he could to protect him, for only those trains
were generally used where the conductor was in sympathy with the
movement. The conductor, hearing his story, pulled the
bell cord and the train slackened speed, and the negro jumped
off, and the signal was given to go ahead. The master was
also looking out of the window, and saw his property in full
flight across the field. He appealed to the conductor, but
he refused to slacken the speed of the train, and the man was
compelled to stay on board until Galion was reached. The
negro got in touch with the underground road, was piloted
through Crawford county, and found freedom in Canada.
Bucyrus, through Judge Scott, was connected with
one of the important slave cases which made history. Two
slave-owners with a United States Marshal and his deputy, on
Sept. 13, 1858, seized John Price a fugitive slave, at
Oberlin, and drove across the country eight miles to Wellington,
to take the train south. A crowd from Oberlin followed and
joined by Wellington people, the negro was rescued. The
United States Court indicted 37 of the rescuers, and they were
mostly given small fines and a day in jail. Two from
Oberlin, Simon Busnell and Charles H. Langston,
were given 60 days and 20 days' imprisonment. Writs of
habeas corpus were gotten out and the case same before the
Supreme Court of Ohio. On the bench where Joseph R.
Swan, chief justice; Josiah Scott, William V. Peck, Jacob
Brinkerhoff, Milton Sutliff. The majority of the
people of Ohio believed the fugitive slave act was so utterly at
variance with the law of God as to be unconstitutional, and the
true doctrine was the British one that Ohio being a free State,
a slave once setting his foot on Ohio soil was free. This
was the view of Gov. Chase and every other member of the
court. But the question at issue was: "Shall a United
States law be enforced when contrary to the views of the people
and laws of the state?" On this question Joseph R.
Swan, Josiah Scot, and William V. Peck held the
United States law was superior to the State and refused the writ
of habeas corpus, Brinkerhoff and Sutliff
dissenting. Justice Swan was a candidate for
renomination for judge of the Supreme Court, but he was defeated
on account of his decision. In his "Swan's
Treatise," compiled by him, he states that it is idle to
speculate upon the possible results of a single judge had held a
different opinion. Salmon P. Chase was governor at
that time and it was well understood that he would sustain a
decision releasing the prisoners by all the power at his
command; and the United States government was as fully committed
to the execution of the fugitive slave law. This would
have placed Ohio in conflict with the General Government in
defense of state rights, and if the party of freedom throughout
the north had rallied, as seemed probable, the war might have
come in 1850, instead of 1861, with a secession of the northern
instead of the southern states. A single vote apparently
turned the scale, and after a little delay the party of freedom
took possession of the government, an the party of slavery
became the seceders.
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