teen hundred dollars for Ben. Friend Hopper charged him with
injustice in wishing to deprive the man of his legal right to freedom.
Mr. Butler maintained that he was as benevolent as any other man.
"Thou benevolent!" exclaimed Friend Hopper. "Why, thou art not even
just. Thou hast already sent back into bondage two men, who were legally
entitled to freedom by staying in Philadelphia during the term
prescribed by law. If thou hadst a proper sense of justice, thou wouldst
bring those men back, and let them take the liberty that rightfully
belongs to them."
"If you were in a different walk of life, I would treat your insult as
it deserves," replied the haughty Southerner.
"What dost thou mean by that? asked Isaac. Wouldst thou shoot me, as
Burr did Hamilton? I assure thee I should consider it no honor to be
killed by a member of Congress; and surely there would be neither honor
nor comfort in killing thee; for in thy present state of mind thou art
not fit to die."
Mr. Butler told the judge he believed that man was either deaf or crazy
when he served the writ of _habeas corpus_; for he did not take the
slightest notice of anything that was said to him. Judge Inskeep smiled
as he answered, "You don't know Mr. Hopper as well as we do."
A lawyer was procured for Ben; but Mr. Butler chose to manage his own
cause. He maintained that he was only a sojourner in Pennsylvania; that
Ben had never resided six months at any one time in that State, except
while he was a member of Congress; and in that case, the law allowed him
to keep his slave in Pennsylvania as long as he pleased. The case was
deemed an important one, and was twice adjourned for further
investigation. In the course of the argument, Mr. Butler admitted that
he returned from Congress to Philadelphia, with Ben, on the second of
January, 1804, and had remained there with him until the writ of _habeas
corpus_ was served, on the third of August, the same year. The lawyers
gave it as their opinion that Ben's legal right to freedom was too plain
to admit of any doubt. They said the law to which Mr. Butler had alluded
was made for the convenience of Southern gentlemen, who might need the
attendance of their personal slaves, when Congress met in Philadelphia;
but since the seat of government was removed, it by no means authorized
members to come into Pennsylvania with their slaves, and keep them there
as long as they chose. After much debate, the judge gave an order
d
|