Part 7 (1/2)

”How dark must the complexion be, to justify thee in receiving such uncertain evidence?” inquired Friend Hopper.

The mayor pointed to the prisoner and said, ”As dark as that woman.”

”What wouldst thou think of such testimony in case of thy own daughter?”

rejoined Friend Hopper. ”There is very little difference between her complexion and that of the woman now standing before thee.”

He made no reply, but over-ruled the objection to the evidence. He consented, however, to postpone the case three days, to give time to procure testimony in her favor.

Isaac W. Morris soon after called upon Friend Hopper and said, ”Mary has acknowledged to us that her name is f.a.n.n.y, and that she belongs to Mrs.

Sears. My family are all very much attached to her, and they cannot bear the thought of her being carried away into slavery. I will advance three hundred dollars, if thou wilt obtain her freedom.”

Friend Hopper accordingly called upon Mrs. Sears, and after stipulating that nothing said on either side should be made use of in the trial, he offered two hundred dollars for a deed of manumission. The offer was promptly rejected. After considerable discussion, three hundred and fifty dollars were offered; for it was very desirable to have the case settled without being obliged to resort to an expensive and uncertain process of law. Mrs. Sears replied, ”It is in vain to treat with me on the subject; for I am determined not to sell the woman on any terms. I will take her back to Maryland, and make an example of her.”

”I hope thou wilt find thyself disappointed,” rejoined Friend Hopper.

The slaveholder merely answered with a malicious smile, as if perfectly sure of her triumph.

Finding himself disappointed in his attempts to purchase the woman, Friend Hopper resolved to carry the case to a higher court, and acc.u.mulate as many legal obstructions as possible. For that purpose, he obtained a writ _De homine replegiando_, and when the suitable occasion arrived, he accompanied Mary Holliday to the mayor's office, with a deputy sheriff to serve the writ. When the trial came on, he again urged the insufficiency of proof brought by the claimant. The mayor replied, in a tone somewhat peremptory, ”I have already decided that matter. I shall deliver the slave to her mistress.”

Friend Hopper gave the sheriff a signal to serve the writ. He was a novice in the business, but in obedience to the instructions given him, he laid his hand on Mary's shoulder, and said, ”By virtue of this writ, I replevin this woman, and deliver her to Mr. Hopper.”

Her protector immediately said to her, ”Thou canst now go home with me.”

But her mistress seized her by the arm, and said she should _not_ go.

The mayor was little acquainted with legal forms, beyond the usual routine of city business. He seemed much surprised, and inquired what the writ was.

”It is a _homine replegiando_,” replied Friend Hopper.

”I don't understand what that means,” said the mayor.

”It is none the less powerful on that account,” rejoined Friend Hopper.

”It has taken the woman out of thy power, and delivered her to another tribunal.”

During this conversation, the mistress kept her grasp upon Mary. Friend Hopper appealed to the mayor, again repeating that the girl was now to await the decision of another court. He accordingly told Mrs. Sears it was necessary to let her go. She asked what was to be done in such a case. The mayor, completely puzzled, and somewhat vexed, replied impatiently, ”I don't know. You must ask Mr. Hopper. His laws are above mine. I thought I knew something about the business; but it seems I don't.”

Mary went home with her protector, and Mrs. Sears employed Alexander J.

Dallas as counsel. The case was kept pending in the Supreme Court a long time; for no man understood better than Friend Hopper how to multiply difficulties. Mrs. Sears frequently attended, bringing witnesses with her from Maryland; which of course involved much trouble and expense.

After several years, the trial came on; but it was found she had left some of her princ.i.p.al witnesses at home. Most of the forenoon was spent in disputes about points of law, and the admissibility of certain evidence. The court then adjourned to three in the afternoon.

Mrs. Sears was informed that even if the court adjudged Mary to be her slave, Friend Hopper would doubtless fail to produce her, and they would be compelled to go through another process to recover from him the penalty of the bond. She had become exceedingly weary of the law, the trouble and expense of which had far exceeded her expectations. She therefore instructed her lawyer to try to effect a compromise. Friend Hopper, being consulted for this purpose, offered to pay two hundred and fifty dollars for Mary if the claimant would pay the costs. She accepted the terms, well pleased to escape from further litigation.

When the court met in the afternoon, they were informed that the matter was settled; and the jury with consent of parties, rendered a verdict that Mary was free. By her own earnings, and donations from sympathizing friends, she gradually repaid Isaac W. Morris three hundred dollars toward the sum he had advanced for the expenses of her trial.

In his efforts to protect the rights and redress the wrongs of colored people, Friend Hopper had a zealous and faithful ally in Thomas Harrison, also a member of the Society of Friends. When recounting the adventures they had together, he used to say, ”That name excites pleasant emotions whenever it occurs to me. I shall always reverence his memory. He was my precursor in Philadelphia, as the friend of the slave, and my coadjutor in scores of cases for their relief. His soul was always alive to the sufferings of his fellow creatures, and dipped into sympathy with the oppressed; not that idle sympathy that can be satisfied with lamenting their condition, and make no exertions for their relief; but sympathy, like the apostle's faith, manifesting itself in works, and extending its influence to all within its reach.”

Thomas Harrison was a lively, bustling man, with a roguish twinkle in his eye, and a humorous style of talking. Some Friends, of more quiet temperaments than himself, thought he had more activity than was consistent with dignity. They reminded him that Mary sat still at the feet of Jesus, while Martha was ”troubled about many things.”

”All that is very well,” replied Thomas; ”but Mary would have had a late breakfast, after all, if it had not been for Martha.”