Chapter II: Part 2

The box was without cover, and the pamphlets lay in a corner. At his lodgings, more pamphlets were found. Don't know how many there were in the box. Those in the trunk, at the house, were nearly all new. Dr. Crandall explained that they had stopped the Emancipator and sent the pamphlets in lieu of it. Think he said they were sent around in a vessel, in a box. Witness asked him what he was doing with so many of them. The reply was that he had procured them for information. Don't recollect that any of the botanical specimens were in newspapers. He said they had stopped sending papers weekly and sent them monthly. Witness asked what he was doing with so many of the same numbers at the same time, to which he replied that they all came in the box, and that he wanted them merely for information. Witness looked into, and not liking their language, remarked that he did not see how any one could derive much improvement from such stuff.

Witness recollected that there was a paper which Dr. Crandall tried to read, but was prevented from reading, by extreme agitation. Dr. Crandall rolled it up and put it in his pocket. He was much agitated, and witness thought, at the time, that he was indiscreet in so freely expressing his sentiments. No pamphlets with the endorsement "read and circulate" were found in the trunk. When Crandall was asked why he wanted so many of the same number of the Anti-Slavery Reporter for information, he made no reply. In the course of the conversation in the hack, Crandall said he did not intend to deny his principles. Witness asked him if colonization would not be better than abolition. He replied: No; he was in favor of immediate emancipation.

_Question by Bradley._ Did he not say, "I am for immediate preparation for emancipation." Witness did not recollect precisely. That might have been the answer. Would not say it was not. When he said he was in favor of immediate emancipation, witness remarked that it would be attended with dreadful consequences. We should all have our throats cut, and the next thing would be amalgamation.

_Thruston, J._ Would the amalgamation occur after our throats are cut, Mr. Jeffers?

_Witness._ Dr. Crandall in reply to this remark, said, "well let the law take care of all that."

_B. K. Morsell, Esq._, one of the justices who committed the traverser, stated that, at the examination of the traverser in the jail, the witness just examined, Henry King, deposed that the pamphlet which he took from Crandall's office had written upon it the words "please to read and circulate." This deposition was made in the presence of Crandall, and Crandall did not pretend to deny it, and admitted that the words were in his own handwriting. He said that when he was about to take passage in the steamboat, at New York, there was a bundle of pamphlets brought to him. Don't recollect whether he said they were brought to him before or after he went on board of the boat. Don't remember whether Crandall said they were sent or brought to him. He stated that he was then on his way to this city. A bundle of pamphlets were brought into the jail, at the time of the examination. Crandall said that all he brought on were there, except twelve or thirteen. Crandall did not state at what time the words "please read and circulate" were written upon the pamphlets. There was no distinction drawn between those which were endorsed and those which were not. They were all thrown together. Don't recollect that Crandall made any distinction in regard to them. He was understood to speak of all the pamphlets together. The only contradiction in Crandall's statement was that he, at first, said that pamphlets were brought to him as he was leaving New York in the boat, and afterwards said they had been in his possession for some time. Witness looked at some of them and saw that some were of older date than others. Could not distinctly recollect which were of old and which of new date. There was a considerable interval between the dates, but don't remember how long. While the examination was going on, there was a great commotion outside of the jail, and a loud knocking at the door; the prisoner seemed agitated, which was not wonderful, considering the circumstances. Don't recollect that he said any thing about the time when the words "_please read and circulate_" were written on the pamphlets.

_Mr. Key_ here admitted that he recollected hearing the prisoner say, at the examination in the jail, that the endorsements were written two years before.

_Mr. Morsell_ continued. Don't remember that Crandall presented a written paper. Think it likely he did. There were three magistrates sitting, and it might have been given to one of the other two. He believed it appeared, on the examination, that Crandall had been in this District some months.

_Clement T. Coote, Esq._, one of the magistrates who examined the traverser in the jail, deposed that Henry King, upon his examination, stated that the words "_please read and circulate_" were written upon the pamphlet when he got it from Crandall. A bundle of the tracts were brought in. Crandall said he had received them just as he was leaving New York, on his way to this District. He was going down to the boat when they were brought to him. Crandall stated, as witness distinctly recollects, that the endorsements were made some time before. Witness did not recollect that he stated the precise time, but that he said the endorsements were made some time before. Did not recollect that he said he came on directly to Washington. After the pamphlets were shown to King and Crandall, witness's impression was that Crandall had been detained some where on the way, and in the interval had written the words. There was no contradiction that he noticed in Crandall's statements. Crandall admitted that the words were in his handwriting, but said they were written some time before. Crandall said they were all there except about a dozen. He did not say whether he had distributed any; but witness did not understand him to state that the number had been diminished since he came here, but that the bundle exhibited embraced all the tracts which he brought with him from New York. Witness's impression that they were all the pamphlets which witness brought to the District, except the one which he lent to King; but Crandall did not in his statement except that one. He understood Crandall that all that he received at New York were there, except about a dozen. He recollected that Crandall said he had been a subscriber to some of the abolition publications. Witness or one of the magistrates asked Crandall "whether he was aware of the nature of the pamphlets when he left New York?" To which Crandall replied that he supposed them to be of the character with those for which he had been in the habit of subscribing. Crandall was also asked "why he was put in possession by the publishers of so many copies of the pamphlets, and whether it was not because they supposed he would circulate them and be an efficient agent?" In reply to which Crandall said "it might be so." He did not intimate that he had any knowledge of his appointment as an agent.

_The Court_ here asked witness whether the traverser intimated that the tracts were given to him with his assent and approbation.

_Witness._ He admitted that the tracts contained his sentiments; but he was not understood to say that he approved of his appointment as an agent, or considered himself as acting in that capacity. When Crandall said the endorsements were written some time ago, witness called his attention to the date of one which was not two years ago. Witness received a written statement from Crandall at the examination. Does not know what became of it. Thinks it was returned to Crandall. Crandall did not say he knew the contents of the tracts when he received them, but said he supposed they were of similar character to those which he had subscribed for. Witness read a paper which contained Crandall's statement on the subject, and recollects that it was written in the jail. Has no recollection that it stated that Crandall was a member of an Abolition or Emancipation Society. When witness called Crandall's attention to the endorsements on the tracts, Crandall said they had been on some time. Believes he said something about two years, and recollects that he then remarked to Crandall that one of them had not been published two years.

_B. K. Morsell, Esq._, (called again) stated that Crandall, when asked whether he was acquainted with the nature of the pamphlets sent to him in New York, said he supposed that they contained his sentiments, and were of the same character with those which he had taken some time before. He used these very words, "I don't pretend to deny that I am an anti-slavery man, and profess these sentiments." The pamphlets were then before us, and the examination referred to them. He added, that when he came on here, he found he was too far South to circulate the tracts, and that all he had received were those before us, except about a dozen. He did not deny that he came direct to this city from New York. He said nothing which impressed witness with the belief that he stopped on the road, if he said he stopped on the way, witness did not hear it. There was considerable confusion in the jail during the examination. Crandall might have said many things which witness did not hear. There were a great many people in the jail. He recollected that Crandall said the words "please read and circulate" were written two years before, and that Mr. Coote pointed to a pamphlet, so endorsed, which had been printed within two years; but he understood that Crandall's statement was applied to all the pamphlets together. He understood that some of the pamphlets were found at Crandall's office, and some at his lodgings, and that they were found scattered about the office.

Does not recollect that there was any testimony about unpacking a box. There was nothing in the testimony which made any impression that there was any distinction between the pamphlets. They were all brought together. Recollects that Crandall handed him a written paper. Began reading it, but could not get through with it; could not read it, and handed it back to Crandall; supposed that it was written under some agitation.

_Jacob Oyster_ knew the prisoner in Georgetown, and prisoner hired a shop of him. He was sick some time after he hired it, but had a large box put into it. When he hired it he said he was going to lecture on botany at different places. Witness was present when he opened the box, and it contained books, surgical instruments, and pamphlets. He saw two or three such pamphlets as were shown in court, which were thrown out of the box. Mr. King came in and picked up a pamphlet and said he should like to have the reading of one; and the prisoner said he might. When King saw it, he said it would not answer, it was too far South. A day or two after he asked King what he thought of it, and he said he didn't like it, and asked witness if he had seen the endorsement, which he showed, "read and circulate." Witness didn't see any writing on the others. He had some conversation with Crandall when the news first came of the attempt to murder Mrs. Thornton, and told prisoner nobody was to blame but the New Yorkers and their _aid de camps_; and that the boy said he had made use of their abolition pamphlets. Crandall replied, that he didn't approve of putting them into circulation, for the excitement was too high already.

_Cross-examined._ He said he helped unpack the box--that he knew of no other pamphlets; but Crandall had newspapers to put up his plants. Witness was in the shop almost every day, and never saw more than two or three people there; and never saw Crandall talking with any colored people or slaves. He was in the habit of going out into the fields, and brought back a great many plants. He thought the prisoner conducted himself very well, and was a very steady man in every respect. The papers in his office were of all sorts, and from different cities.

_William Robinson_ saw the words "read and circulate," but had never seen the defendant write. He had received similar publications but did not know where they came from. One came through the post-office, but was not postmarked where it was sent from; and had no postage on it. He returned it to New York to the publisher. He heard Crandall admit the handwriting to be his in the jail.

_Charles Gordon_ was in the War Department, and the whole building was flooded by them. He returned his to New York to the agent with remarks, and had received none since. This was just before Crandall's arrest.

_Coxe_ remarked he had done the same; and it was no evidence against Crandall.

_The Court_ was of opinion that the printing and publishing these pamphlets in New York, is not evidence of their publication here, so as to fix upon the defendant here such a knowledge of their publication as to make his possession alone, even with the words "_read and circulate_" written upon them, evidence of the publication of them by him here.

That in order to show the evil intent with which the defendant published the paper charged in this first count, it is not competent for the United States to give in evidence to the jury other _unpublished_ papers or pamphlets found in the defendant's possession, unless accompanied by evidence of some acknowledgment or admission, by the defendant, that he knew and approved their contents.

That the evidence did not appear to the Court to justify the inference that the defendant knew and approved the contents of those pamphlets, unless it can be connected with evidence that they were of the same nature with those which he had been a subscriber for.

_Key_ then proposed, as he had shown that the traverser had by his declaration approved of the publications, and had also implied approval by writing on the words read and circulate, to put them in as evidence of intent, in relation to the one published, and given to the witness King.

_The Court_ ruled that they could not be given in evidence, without proof of publication.

_Key_ then proposed to read the Emancipator, as a paper he had subscribed for, instead of which these had been sent.

This was objected to on the ground that there was no proof that he had _subscribed_ for the Emancipator; and that if he had, it was at a period previous to the time about which he was charged with any offence. The Emancipator was sent gratis, and _taken_ by many persons who did not approve of it.

_Jeffers_ was called, and said Crandall said he had _taken_ the Emancipator, or _subscribed_ for it, he didn't know which.

_The Court_ decided that such Emancipators might be given in evidence as were published before the declarations of the traverser.

_Thruston, J._, dissented from this opinion on the ground that it was not competent to put in one libel, for which the prisoner was not indicted, to show the sentiments he entertained in regard to one for which he was indicted.

In the midst of considerable discussion as to the parts which were proper to be read on the different sides, the most of the day, Tuesday and Wednesday, was consumed in reading long articles from different numbers of the Emancipators, to show that the Anti Slavery Society intended to use every exertion to procure the immediate abolition of slavery. In the course of this reading, _Key_ proposed to read an advertisement of the different works published by the Anti Slavery Society, which was objected to on the ground that it would admit all the works named to be read, and as Crandall had not been proved to be a member of that Society, he ought not to be made answerable for all their doings, nor for all that the editor of the Emancipator might see fit to publish.

_The Court_ decided that the reading must be confined within some reasonable limits. That the District Attorney might read such _editorial_ articles, or parts of them, as he saw fit, and the counsel for the defence might read any other parts, or the whole, if they chose. The advertisement was of course rejected, but reading of other parts was continued.

_The District Attorney_ afterwards offered evidence, under the third count of the indictment, to put in certain tracts with pictures upon them, which was objected to upon two grounds. _First_, that the count was insufficient, as it did not specify any libellous publication and did not declare that the offence was against any person, or government, or people, which was said to be an essential form of indictment; and, _second_, because the whole of the tracts, papers, and pamphlets, were illegally obtained from the prisoner.

The defendant's counsel then read the warrant under which Crandall was apprehended, which authorized the officers to take the person of the prisoner, and to search his papers; and contended that such search warrant was illegal--that a man's private papers were sacred from search.

The objection was resisted on the ground that the objection was made too late. It should have been taken at the outset of the trial, or before the magistrates--that the warrant (which was admitted to have been made by the District Attorney) was proper, and conformable to the law which admitted of search in the premises and in the persons of thieves and counterfeiters for the tools and implements with which they were enabled to commit their crime--and that it was competent to use the evidence which had been obtained, although it was illegally gotten in the first instance.

_The Court_ was of opinion that the evidence was competent, on the principle upon which evidence might be given of stolen goods found in consequence of confession, though the confession might be forced from the prisoner by threats or evil treatment. The confession might not be evidence, but the fact of finding the stolen goods could be proved to the jury.

_The Court_ also overruled the objection to the form of the count, and did not consider it so imperfect as to authorize them to reject evidence offered under it.

_Key_ then went on to prove that certain libels found in the possession of the prisoner were circulated in the District.

_Gen. Hunter_ identified one of the tracts as a copy of one sent to him through the post office, marked one cent postage, both the tract and envelope of which having been burnt. He thought it strange the postage from New York should be only one cent. It was about the time the city was inundated with abolition papers.

_Coxe_ objected to the testimony, if the paper was destroyed.

_Key_ was called as a witness by Bradley, and testified that the paper handed the witness was one of them handed in at the jail as found upon Crandall, and had not been out of his possession, since.

_Bradley_ remarked that the paper was a July number, and had not been published when Crandall came from New York. If, by the testimony showed, they were all delivered in New York, this paper could not have been found upon him.

_James A. Kennedy_ was shown a paper, and said his initials were on it. A considerable number of the same came on in a bag--about a bushel and a half--from New York, some of which were delivered and some were returned to the post office. The rest were not delivered at all. He did not recollect any of the same kind sent before, though many had been sent since, every month, as late as March last. They came in an envelope addressed to single individuals. The postage for a sheet was two and a half cents. These were marked half a sheet, and some were charged one cent and a quarter; afterwards, they were found to be more than half a sheet, and were charged two and a half cents, as for a whole one. There was no postmark put upon them, as that is confined wholly to letters.

_Benj. E. Giddings_ saw some of these papers at the time spoken of by Mr. Kennedy; and never saw any before July last. They all came in a bag, and he did not think any were dropped into the post office here. The office here, as well as at Georgetown, had been watched to see if any were put in by persons here.

The two last witnesses were clerks in the post office.

_Mr. Ball_ said the papers were given to him at the jail, after Crandall's examination, and he kept them locked up till they were sent for and delivered to Mr. Key at his office.

It appeared that they were kept at the office some time, and were sealed and labelled by Charles McNamee, though one or two persons were in the office while he was doing it; and Mr. Key certified, that on the first day of the trial, before they were sorted, many persons in court took different numbers of them to look at, but he believed they were all returned, and he took pains to request them who took them to hand them back to him. To the best of his belief, the pamphlets now in court were the same which were delivered at the jail, without addition or diminution.

_P. R. Fendall_ was connected with the office of the Colonization Society. The Anti-Slavery Reporter was sent from New York in exchange for the African Repository published by the Colonization Society; some controversy had existed between the two Societies, and it was necessary to read their attacks in order to be able to answer them. The papers received were open for the use of members, and were sometimes loaned to others to take away and read.

_Key_ then offered four numbers of the second volume of the Anti-Slavery Reporter to the jury.

_Bradley_ claimed one as his, which never was in the possession of the prisoner.

_Key_ requested him to be sworn, and

_Bradley_ testified, that he could identify the paper by several marks which he pointed out. He received it in November last, in consequence of a letter which he had written with a view to procure two or three, which were sent on through the post office. He wrote for them in consequence of conversation with Crandall; (but he was not allowed to state the substance of what Crandall said.) How this paper came into Mr. Key's possession he did not know, but this disappeared from his desk in court, and two others had been taken from his office.

Considerable argument ensued upon the point, whether it was competent to give in evidence a printed copy of a _known published libel_, or whether in order to be evidence against the person on whom it is found, it must not be a written copy. On one side it was argued that every one might innocently have a printed copy, but the having a written copy would show some extraordinary interest in the libel; and the books all spoke of a written copy only as evidence of publication. For the prosecution it was urged that having a printed copy was stronger evidence than a written one, especially when the party had a number of copies of the same libel, endorsed in his own handwriting with words that showed an interest, and an intent to circulate it.

_The Court_ was of opinion that it was competent to give in evidence such printed copies of the known published libel as were found upon the prisoner with the endorsement "read and circulate."

Two witnesses were called, _Colclazier_ and _Tippet_, to testify to conversations held with Crandall in the jail, in which he spoke in favor of immediate emancipation and against slavery.

The case for the prosecution was here closed.

_Mr. Bradley_ then stated the opening of the defence. After some general remarks upon the course taken by the prosecution, and difficulty of getting witnesses here to testify in behalf of the prisoner, from so great a distance, as well as the impossibility of putting in depositions in a criminal case, without the District Attorney's consent, which he would not give, he went on to call the attention of the jury to the details he meant to prove. He intended to show Crandall's whole course of life, from his boyhood up; that he was regularly educated as a surgeon and physician, and settled in Peekskill; and that no man ever obtained a higher character for probity and skill; that he never was a member of an abolition society, and there was none in the place where he lived; that he had no idea of stopping here when he came on, but came as the attendant of an invalid family with whom he had resided; that the pamphlets were packed up, not by him, but by the lady of the house, as waste paper, without his even dreaming of their contents; and that the endorsements were put on some two years ago. He would show also that he had subscribed for temperance papers; but that the abolition papers were sent to him without his knowledge of their contents; that after he arrived here, and found this the best field in the world for the study of botany, he concluded to stop and give a course of lectures, instead of going to the West, as had been his intention previously, according to arrangements he had made. The bundle that was given him in New York was sent without his knowledge of their contents. It remained tied up till a day or two before his arrest, when it was untied by Mrs. Austin; and, as had been proved by the officers who arrested him, up to that moment they had never been opened or even separated. He said he would show the law, and bring it to bear upon the points of the case; and he declared if he believed Crandall guilty of distributing or intending to distribute incendiary papers, he would abandon his cause, and no longer consider himself his counsel.

The following extracts of speeches made in the Capitol at Washington, at the eleventh annual meeting of the Colonization Society, in which slaveholders themselves made remarks which, it was urged by the defendant's counsel, were quite as strong, and as much calculated to excite sedition, as the words of the libel charged against the prisoner. Mr. Key read the parts of his own speech not enclosed in brackets, to show the difference of meaning in the whole papers, and the difference of intent. The paragraph in brackets was read by Mr. Bradley.

The following is from Mr. Harrison's speech:

"But a dearer land to our hearts is too to be regenerated. A wretched class, cursed with ineffectual freedom, is to be made free indeed, and an outlet is to be opened to those who will voluntarily disencumber themselves of the evil and the threatening ruin of another domestic pestilence. Public opinion must be the only agent in this: the most reluctant shall not be forced; the most timid shall not be alarmed by any thing we are to do. Hitherto and henceforward our plan has been and shall be without constraint on any one, and never shall we offer any argument or invitation to humanity divorced from patriotism. To this truly quiet, unofficious spirit, do I trust for bringing about the time when we shall be one homogeneous nation of freemen; when those great principles now true of us only in part, shall be true in the whole; and when the clear light now in our upper sky only, shall brighten the whole expanse of the American character."

The speech of Mr. Key, the District Attorney, is as follows:

"On behalf of the Board of Managers, who had this night seen and heard all that was calculated to animate them to a faithful discharge of their duties, he begged leave to present a resolution of thanks for the zealous co-operation of the Auxiliary Societies throughout the United States. In the increasing exertions of these valuable branches of the parent Institution, the Society believed itself to possess the most satisfactory pledge that its design had received the approbation, and would ere long enjoy the support of the great body of citizens throughout our country. Such an anticipation was not to be thought delusive, because the opposition made to the Society at its commencement still continued. On the contrary, this very opposition, properly considered, affords the fullest proof of the wisdom of our object, and the fairest presage of its success.

"At its origin the Society found itself in a very extraordinary situation. It had scarcely been formed when it was assailed by opponents of the most contrary character, from the North and South. Men who held, upon these subjects, the most opposite views, who agreed in no one thing that related to our colored population, united in denouncing us. This state of things, in some measure, still continues. But the Board of Managers have long ceased to look upon it with alarm. They soon perceived that a wisdom far higher than their own, was, in a way most contrary to their expectations, gradually preparing the public mind for a fair consideration and favorable reception of their measures. They were compelled to see and to acknowledge that it was best it should be so. Had the design of the Society been approved and supported in the outset by either of these opposing parties, it must have encountered the settled and irreconcileable opposition of the other; but as it is, the Society, instead of being espoused by the North in opposition to the South, or by the South in opposition to the North, has been silently filling its ranks with converts from both. Its cause has been gradually bringing over the moderate, the reasonable, the humane, the patriotic, from all parties and from every portion of the Union to give their aid and countenance to the support of a scheme which they once opposed only because they misunderstood it. I have adverted to this extraordinary opposition that the friends of the Society may not be dismayed by it; and I take this occasion to address a few words to each of these classes of opponents.

["I would premise what I have to say to them by stating two very plain propositions. The first is, that the subject of slavery, in some way or other, will come into the thoughts, feelings, and plans of men situated as we are. It is vain to say--let it alone. There may have been a time when the excitement now felt on this subject might have been stifled. When it was determined by our fathers to secure to themselves and their posterity the rights of freemen and the blessings of independence, then should they have been warned of the exciting consequences that would result from the acquisition and enjoyment of such rights. Then should it have been shewn how they would lead to conceptions and discussions dangerous to the rights of property and the public peace. Then should they have been called to choose between these conflicting interests, and to count the cost of what they might lose by declaring to the world that all men were free and equal, and appealing to heaven for its truth. But there was, then, no man cold enough for such a calculation; no man who could darken the brightness of that day by raising such a question. It is too late now. In this age, in this country, the agitation of this subject is unavoidable. Legislation never can restrain it. Public sentiment never will. You may as well forge fetters for the winds, as for the impulses of free and exulting hearts; if speech and action could be repressed, there would be excitement in the very looks of freemen.]

"The other proposition is this, that among the plans and descriptions that relate to this delicate subject, it must happen that some will be rash and dangerous.

"It is not to be expected, that men, not well informed of facts as they exist, and misled by the ardor of an inconsiderate zeal, will not devise projects and hold them out to others, which may be attended with the most disastrous consequences. This is the nature of things. It must ever be so upon every subject, which like this contains within itself the elements of great excitement; more especially when that excitement is connected with some of the best principles and feelings of the heart.

"Now, sir, put these two propositions together; that silence and inaction are unattainable, and dangerous and improper projects almost unavoidable, and what are we to do? Something we must do. However desirous we might be to do nothing, it is impossible, because others will not consent to do nothing; and if we relinquish the task of action, it will infallibly fall into hands most unfit to receive it. Nothing remains, then, but to devise something safe and practicable and place it in prudent hands.

"And now, sir, I would respectfully ask our opponents, of both descriptions, to consider whether this has not been done by the establishment of this Society. I would ask the abolitionist to suspend his own labors, and consider the object and the consequences of ours. I would ask him if it is not better to unite with us in what is safe and practicable, and may be managed with the consent of those, whose consent is not to be dispensed with, than to attempt to force his own views upon men, by means which they denounce as dangerous.

"Sir, this is the appeal which has been made by the Society, and which it yet makes to one class of its opponents. Nor is it altogether unsuccessful. Many active and benevolent men are now with us, who, but for this Society, would have been working on their own more questionable projects, and vainly attempting what, perhaps, can scarcely be pursued, with safety to the peace and happiness of the country.

"And may we not appeal also to our brethren of the South--and ask their fair consideration of the two propositions I have suggested? If feeling, discussion, and action, in reference to a subject upon which they are so sensitive, cannot be extinguished, is it not wise to endeavor to moderate and restrain them? May they not, if they cannot give their approbation to our Society, as good in itself, at least bring themselves to tolerate it as the preventive of greater evils? May it not be wise for those who must know that there are schemes more alarming to their interests than colonization, to suffer us to enlarge our sphere of action, and bring those who would otherwise be engaged in dangerous and injudicious projects, to unite in our safer labors? May we not claim at least this merit for our labors:--that they are safe? May we not appeal to the experience of eleven years, to show that the work in which we are engaged can be conducted without excitement or alarm? And who are we, we may be permitted to ask, to whose hands this charge has been committed? We have the same interests in this subject with our Southern brethren--the same opportunity of understanding it, and of knowing with what care and prudence it should be approached. What greater pledge can we give for the moderation and safety of our measures than our own interests as slaveholders, and the ties that bind us to the slaveholding communities to which we belong?

"I hope I may be excused if I add that the subject which engages us, is one in which it is our right to act--as much our right to act, as it is the right of those who differ with us not to act. If we believe in the existence of a great moral and political evil amongst us, and that duty, honor and interest call upon us to prepare the way for its removal, we must act. All that can be asked of us is, that we act discreetly--with a just regard to the rights and feelings of others;--that we make due allowances for those who differ with us; receive their opposition with patience, and overcome it by the fruits that a favoring Providence, to which we look, may enable us to present from our labors."

The next passages were from a speech of Mr. Custis, as follows:

"Sir, the prosperity and aggrandizement of a State is to be seen in its increase of inhabitants, and consequent progress in industry and wealth. Of the vast tide of emigration, which now rushes like a cataract to the West, not even a trickling rill wends its feeble course to the Ancient Dominion.--Of the multitude of foreigners who daily seek an asylum and a home, in the empire of Liberty, how many turn their steps toward the regions of the slave? None. No not one. There is a malaria in the atmosphere of those regions, which the new comer shuns, as being deleterious to his views and habits. See the wide-spreading ruin which the avarice of our ancestral government has produced in the South, as witnessed in a sparse population of freemen, deserted habitations, fields without culture, and, strange to tell, even the wolf, which, driven back long since by the approach of man, now returns, after the lapse of an hundred years, to howl o'er the desolations of slavery.

"Where, I ask, is the good ship Virginia, in the array of the national fleet? Drifting down the line, sir,--third, soon to be fourth. Where next?--following in the wake of those she formerly led in the van: her flag still flying at the main, the flag of her ancient glory; but her timbers are decaying, her rigging wants setting up anew, and her helmsman is old and weatherbeaten. But let her undergo an overhaul, let the parts decayed by slavery be removed, and good sound materials put in their stead, then manned by a gallant crew, my life on it, the old thing will once more brace upon a wind, aye, and show her stern to those who have almost run her hull under.

"Let me say, sir, in this legislative hall, where words of eloquence have so often "charmed the listening ear," that the glorious time is coming when the wretched children of Africa shall establish on her shores a nation of Christians and freemen. It has been said that this Society was an invasion of the rights of the slaveholders. Sir, if it is an invasion, it comes not from without. It is an irruption of liberality, and threatens only that freemen will overrun our Southern country--that the soil will be fertilized by the sweat of freemen alone, and that what are now deserts will flourish and blossom under the influence of enterprise and industry. Such will be the happy results of this Society.

"Let the philanthropist look at the facts. Nearly two millions of this unhappy people tread our soil. In the Southern climate their increase is more rapid than that of the whites. What is the natural result, if some means are not applied to prevent it? What is now, compared to our own population, but as a mole hill, will become a mountain, threatening with its volcanic dangers all within its reach. What is the next consequence? Why, as in the slave colonies of other countries, you must have an army of troops to keep in awe this dangerous population. What a sight would this be in a land of liberty! The same breeze that fanned our harvests, that played among the leaves of the cane and the corn, would also rustle banners of war! By the side of implements of agriculture, employed in the works of peace, will appear the gleam of arms. Shall it be said that we are not liable to the same vicissitudes that have overtaken other nations? No, sir; we are operated upon by the same circumstances to which other nations have been subjected.--The same causes will produce the same effects, as long as the nature of man is unchanged, in every clime.

"I trust, sir, that the march of mind is now upon its glorious way. I trust that the minds of all have been sufficiently opened to the true interest and glory of the country, to agree with me, that this is no fitting place for the slave. That this country must, at some future time, be consecrated to freemen alone. There are many individuals in the Southern country, of which I am a native, who predict that the plan must fail. They say we shall go on and partially succeed, that a portion of the black population will go out to the colony, and after residing there a short time, become discontented, when the plan must be given up--and that the evil which we have endeavored to remove will be only the worse for our exertion to obviate it. But this, sir, will not hold true. It was, as it were, but a few day since, a small number of individuals were thrown upon the shores of Africa. And what is the result? Here let it be said--in the palace of legislation--that this people, but just now a handful, are rising to consequence, and to a capability of the enjoyment of political and civil rights;--and let us say to those who doubt--this is the evidence in favor of our plan! Ought not this to join all hearts, and call forth renewed exertions from those whose labors have thus far been crowned with unexpected success?

"May not this be looked upon as a glorious work, the success of which has been demonstrated! And when the time shall come,--and I trust in God it will come--when this free and enlightened nation, dwelling in peace and happiness under the mild influences of its government and laws, shall have fixed deep the foundations of civilization in that distant land, hitherto only known for its wide-spread deserts and its savage race. Oh! sir, what will be the gratitude of that people, who, transferred from the abode of their bondage, shall enjoy the rights of freemen in their native clime!--And, oh sir, when we look to ourselves--when we see the fertilization of those barren wastes which always mark the land of slaves--when we see a dense population of freemen--when lovely cottages and improved farms arise upon the now deserted and sterile soil--and where now deep silence reigns, we hear the chimes of religion from the village spire;--will you not--will not every friend of his country, thank this Society for its patriotic labors! Yes! Kings might be proud of the effects which this Society will have produced. Far more glorious than all their conquests would ours be: for it would be the triumph of freedom over slavery--of liberality over prejudice--and of humanity over the vice and wretchedness which ever wait on ignorance and servitude!"

_B. Hallowell_, having affirmed, stated that he knew Crandall, and that he came here in May last, with introductions from very respectable sources. Dr. Crandall had also been here about a year before, at which time he (Mr. H.) wished to engage a person at his seminary in Alexandria, as a lecturer on botany. He offered him $100 a year, and encouraged him to believe that he would considerably add to that income by making up different classes during the year. Dr. Crandall said, at the time, that he would take it into consideration, and if he should determine upon it, would move down. The Doctor did not return in time to fulfil that engagement. But he brought with him letters showing that he was a christian, a man of science, and a gentleman. He understood it to be Dr. Crandall's object to have a class not merely for one session, but for every summer, while he remained here. It was about the last of May or first of June when Dr. Crandall returned.

_General Fowler_, of Georgetown, stated that he knew Dr. Crandall, and that he was introduced to him, soon after he came, by a person interested in botany, as a man well acquainted with that science. Witness was fond of hunting after wild flowers, and proposed to take excursions with Dr. Crandall. They went out botanizing, six, eight, or ten times together. Their conversation was confined to that subject, and witness had no reason to suppose that Dr. Crandall had any incendiary pamphlets, or was at all engaged in the circulation of them. His conduct, so far as he had seen him, was that of a gentleman. He never knew him to converse with any negro. He never had any pamphlets with him, to his knowledge. Dr. Crandall's knowledge of the science was far beyond that which witness professed to have.

_Ward B. Howard_ stated that he had known Crandall some years: at least for seven or eight years. Witness was then resident at Peekskill. His reputation was good, and he never heard that he was an abolitionist. Witness himself had no fancy for abolitionists. There was no society of them at Peekskill. Crandall resided in Peekskill seven or eight years, and had, as he understood, attended the medical lectures at Philadelphia, and received a diploma there. He had brought letters of introduction to witness when he came to Peekskill, with the view to settlement there. Dr. Crandall was actively engaged as an agent for the temperance society. Witness would not now know the handwriting of the traverser. He might know the signature, but not the general handwriting.

_Jackson O'Brown_ was living at Peekskill when Dr. Crandall first came there. He boarded with him nearly two years, and had an opportunity of seeing much of his character; a great part of the time he roomed with him. The witness never heard that he was engaged in the abolition societies, though he knew he was an active member of the temperance society.

_Henry Gaither_ said he was in Linthicum's shop at the time when Dr. Crandall was arrested. That an hour before he had heard that the officers were in pursuit of him. He saw the officers, Robertson and Jeffers, enter the office; and noticed a crowd gathering around it. He asked Jeffers, as soon as he came out, what he had discovered, and Jeffers, in reply, said he had found more than he expected, and had taken 150 or 160 pamphlets. There was much excitement then in the vicinity. Witness was then himself excited. When Crandall came out, witness was apprehensive that he would be wrested from the officers by the people. Oyster came in, and witness asked him if he had seen any pamphlets. He said yes, but not more than two or three. Witness remarked, that Jeffers said he had seen and taken 150 or 160. Oyster replied, Jeffers is a liar. Some conversation followed, in which it was suggested that attempts might be made to prejudice the public mind against Crandall. Witness had since met Jeffers, on the Avenue, and spoken with him on the subject. Witness remarked to Jeffers, the poor fellow has suffered enough by so long a confinement, and Jeffers assented to the remark, and added that he believed Crandall to be innocent.

_Jared Stone_ was acquainted with Crandall, who lived three years in witness's family, and eat at his table, in Peekskill. Crandall was a physician who obtained a good reputation in that part of the country, and it continued unblemished. He never was known to have any abolition papers, or to say any thing in its favor, but was, if any thing, opposed to it.

_Mr. Wilson_ was present at the time spoken of by Mr. Gaither, and said one of the officers came out and said he had discovered more than he expected, and remarked, my hopes are more than realized. He could not recollect exactly the number of papers the officer said he had found, but thought it was one hundred or a hundred and twenty. Some one in the crowd said "we ought to take the damned rascal and hang him up on one of the trees opposite." The witness then went away.

_Mr. Judson_, Representative in Congress from Connecticut, had known Crandall from his boyhood. Crandall studied with witness's family physician, and acquired a good reputation; nobody stood better in the neighborhood. After he had finished his education he removed to Peekskill, since which witness had been in the habit of seeing him frequently; and he had always known him as a peaceable citizen. The precise year when Crandall was admitted he could not recollect, but it was about 1827 or 1828. Witness had not seen him for two years till he saw him here in prison, and had never heard aught against him till now. Mr. Judson also testified, that the prisoner was a brother of Prudence Crandall, and that at the time of the difficulty with her and her school for blacks in Connecticut, he met Crandall on board the boat on his way home from New York; that he talked with him about that school, and the prisoner said he was going to break it up; that he did not know as he should be able to do it, for his sister Prudence was obstinate, but his other sister, who was with her, he knew he could get away. Crandall then continued home with the witness, and exerted himself with as much zeal as any one could to break up the school.

_Dr. Sewall_ testified that the traverser came to him some time in the spring to get a license to practice in the District, and showed him two letters of high recommendation. He had some conversation with Crandall upon subjects of science and upon his knowledge of medicine and surgery, and formed a high opinion of his talents and acquirements. He advised the defendant by no means to abandon the practice of his profession for entering upon botany or chemistry, but if he could do that without interfering with practice, it might do; he thought him too well qualified in the profession to give it up. Crandall also showed the witness a diploma, which was regularly signed, and he gave a verbal license to practice, and said at the meeting of the Board he would have a regular license made out. He had no reason to believe, from his conversation with the prisoner, that he had any object in view except the pursuit of his profession. All the stories that he had talked upon the subject of abolition with witness, and given him Anti-Slavery papers, were mere idle talk.

_Mr. Howard_ said he was sheriff of Winchester county, where Crandall lived, and identified the handwriting of signatures to a letter of recommendation which Crandall brought with him, and which was allowed in evidence. All the signers were respectable men. Witness thinks he should have known if any Anti-Slavery Society existed there--but he knew of none. He also remembered that Crandall delivered lectures on chemistry there, and he attended them.

_Mr. Ward_, Representative from the district where Crandall resided, knew that he had lived there seven or eight years, and that he had a high reputation as a respectable man, and a good physician.

_Mr. Austin_ was now a resident in Georgetown, but formerly lived in Peekskill, where he knew the prisoner, who lived in his family three years. He came then in consequence of having raised up Mrs. Austin from a dangerous sickness. Witness was a lawyer, and knew Crandall's reputation to be high as a physician and surgeon, far and near. Witness was President of a Temperance Society, and Crandall was Secretary; he did not know of any Anti-Slavery Society, and did not know or believe that the prisoner belonged to any, or had any thing to do with them. Crandall came on at his request to accompany Mrs. A., who, with her two children, were always severely sick in travelling; and returned home soon after, when he came back again to stop here to teach botany. He came to witness's house on his return, and was taken sick soon after and confined to his room. Witness was not a subscriber for the Emancipator, though he understood one of the numbers in court was addressed to him. He never saw any abolition papers in Crandall's possession. If he had, they would have attracted his attention. Witness did not know how the large box of books and papers came on, but supposed they came by water when Crandall came the second time. He could not say distinctly, but he thought a Mr. Dennison, an abolition agent, once left some abolition pamphlets at his house for himself, and some for Crandall. He could not identify them in court as the same, and he could not swear whether the endorsement on them was in Crandall's handwriting or not.