case, an effort of the highest and most attractive character, unsurpassed in eloquence, logic, and legal ability, had already wrought a reaction in public opinion, which was rendered complete and universal by this post-mortem examination. Now, there is no one act of Governor Seward's life, for which society is more grateful to him than that of having saved the community from the crime of the judicial murder of Freeman—an ignorant colored boy who had been confined in the stateprison for an offence of which he was innocent, and driven to lunacy by a sense of the injustice of his punishment, and by inhumanity in the exercise of penitentiary discipline.

Before leaving this case, it is due to Governor Seward to insert another extract from an article by the clergyman in Auburn, to whom allusion has already been made, written immediately after the conclusion of the trial, and published in the journals of the day. It describes the impression made at the time by the high-minded and humane course of Governor Seward on a class of individuals who did not allow retaliatory emotions to cloud their judgment, or harden their feelings, against the forsaken creature who committed the dreadful homicide. The sentiments it utters in regard to the part taken by Governor Seward in this remarkable case, we are confident will find a response in every unprejudiced and humane heart:

"The conduct of Governor Seward in this painful affair reflects the highest honor upon him. Shocked, horrified, though he was at the awful tragedy which had been enacted, and which had destroyed a family with whom he was on terms of intimate friendship, yet seeing the blood-stained, wretched negro deserted by all, even those of his own caste and color, and becoming abundantly satisfied that he was an insane, irresponsible being, he nobly volunteered in his defence. Moved alone by the sympathies of his generous soul, and a high sense of duty to the weak and defenceless-in opposition alike to the entreaties of friends ever watchful of his reputation and interests, and the imprecations of an incensed multitude, eager that the blood of a demented creature should be shed-he boldly threw himself between the victim and those who would hurry him in hot haste to an ignominious death! Without fee or compensation of any description, for four weeks he toiled through the sultry hours of the summer day, far into the shades of

night-sparing no time, no strength, no ability-contesting every inch of ground, with an industry, a perseverance, an unyielding faithfulness, that wrung commendation even from those most exasperated against his idiotic client. And all this for whom? For a NEGRO!-the poorest and lowest of his degraded caste-and who, though seated directly by his side, did not know that he was his counselwas not even aware that one of the mightiest intellects of the age, one of the noblest spirits of the world, was taxing his utmost energies in defence of his life!

"In his eloquent appeal on the preliminary trial respecting Freeman's insanity, Governor Seward alluded to the excitement which had been kindled against him for the faithfulness with which he defended both Wyatt and Freeman, in the following thrilling passage:

"In due time, gentlemen of the jury, when I shall have paid the debt of nature, my remains will rest here in your midst, with those of my kindred and neighbors. It is very possible they may be unhonored-neglected-spurned! But perhaps, years hence, when the passion and excitement which now agitate this community shall have passed away some wandering stranger-some lone exile -some Indian

some negro-may erect over them an humble stone, and thereon this epitaph: "HE WAS FAITHFUL!”' "What spectacle more interesting can be witnessed on earth than was presented on this trial? A statesman of the most commanding talents – one who had received the highest honors the people of his native state could bestow upon him- -one whose well-known abilities call around him crowds of wealthy clients, able to reward his valuable services with streams of gold — turning from all these, at the call of humanity, and going down unrewarded, yea at great pecuniary expense to himself, to the defence of this forsaken, pitiable son of Africa! Unrewarded, did I say? A richer reward than silver or gold is his! Wherever the tidings of this strange trial shall be wafted throughout this civilized world, they will carry the name of SEWARD to be embalmed as a sacred treasure in the hearts of all lovers of humanity- of all who sympathize with the degraded and enslaved Ethiopian of all who pity those whom God has deprived of reason!"

An extract from Mr. Seward's argument in this case, containing an enlightened exposition of insanity, will be found among the Selections in this volume.

CHAPTER XVI.

THE TRIAL OF ABEL F. FITCH AND OTHERS FOR CONSPIRACY, AT DETROIT, IN 1851- -MR. SEWARD'S DEFENCE.

In May, 1851, an announcement was made by the press of Detroit, that an atrocious conspiracy (embracing fifty citizens of Jackson county, in the state of Michigan), for the destruction of the property of the Michigan Central Railroad Company, and an indiscriminate war against the lives of passengers travelling on the road, had been discovered, through the activity of agents of that company, and of the police, and that the guilty parties had been suddenly surprised, arrested, and conveyed to jail in Detroit.

The accusation took the form of an indictment for arson, in burning the depôt of that company in Detroit, and the proof that of a conspiracy for the commission of that and other great crimes. The prisoners alleged their entire innocence, and declared that the prosecution was itself a conspiracy, to convict them, by fabricated testimony, of a crime that had not even been committed.

The accused parties denied combination with each other, and even all knowledge of the principal, who was alleged to have committed the crime, and who, as they supposed, had been fraudulently induced to confess it and charge them as accomplices. In applying to be admitted to bail, the sums were fixed so high as to practically deny them that privilege.

Public opinion was vehemently and intensely excited against them, by reason of aggressions that had been committed in their neighborhood for a long time, seriously endangering the lives of passengers. Among the accused

were persons in every walk of life; and, while the guilt of some seemed too probable, that of all appeared to be quite impossible. The ten most distinguished lawyers of Michigan were retained, before the arrest, by the railroad company, to conduct the prosecution; and it was said that every other counsellor in the city and state qualified to defend them, except one, had been induced to decline to appear in their behalf.

They applied to Mr. Seward, at Auburn, by telegraph, after the trial had begun, stating these facts. He did not hesitate to appear for men whom the public had prejudged and condemned, and whom the legal profession, except for his going to their aid, would have been deemed to have abandoned.

The issues were perplexed. The evidence was of a most extraordinary character. Even now, it is impossible, on reading it, to decide which was most improbable, the existence of the crime, or the truth of the defence. The trial lasted four months, and so was the longest, in a jury-case, that was ever held. The alleged principal died before the trial began. One of the chief defendants, and another more obscure, died during its progress. Twelve of the fifty defendants were convicted, and all the others acquitted. All these circumstances, together with the ability and learning displayed, mark the case as one of the great state trials of this country. Mr. Seward's argument was published at the time. It reviewed, collated, and condensed the testimony of four hundred witnesses, presenting a very complicated. series of transactions, private and public.

This speech fills more than one hundred pages in the re port of the trial. To that report we refer the reader, regretting that our limits allow us to present only the introduction and the close of so elaborate and interesting a speech:

“MAY IT PLEASE THE COURT-GENTLEMEN OF THE JURY: This is Detroit, the commercial metropolis of Michigan. It is a

prosperous and beautiful city, and is worthy of your pride. I have enjoyed its hospitalities liberal and long. May it stand, and grow, and flourish, for ever! Seventy miles westward, toward the centre of the peninsula, in the county of Jackson, is Leoni, a rural district, containing two new and obscure villages, Leoni and Michigan Centre. Here, in this dock, are the chief members of that community. Either they have committed a great crime against this capital, or there is here a conspiracy of infamous persons seeking to effect their ruin, by the machinery of the law. A state that allows great criminals to go unpunished, or great conspiracies to prevail, can enjoy neither peace, security, nor respect. This trial occurs in the spring-time of the state. It involves so many private and public interests, develops transactions so singular, and is attended by incidents so touching, that it will probably be regarded, not only as an important judicial event in the history of Michigan, but also as entitled to a place among the extraordinary state trials of our country and of our times.

Forty and more citizens of this state were accused of a felony, and demanded, what its constitution assured them, a trial by jury. An advocate was indispensable in such a trial. They required me to assume that office, on the ground of necessity. I was an advocate by profession. For me the law had postponed the question of their guilt or innocence. Can any one furnish me with what would have been a sufficient excuse for refusing their demand? Hoc maxime officii est, ut quisquam maxime opus indigeat, ita ei potissimum opitulari,* was the instruction given by Cicero. Can the American lawyer find a better rule of conduct, or one derived from higher authority?..

..

While

Gentlemen, in the middle of the fourth month we draw near to the end of what has seemed to be an endless labor. we have been here, events have transpired which have roused national ambition-kindled national resentment-drawn forth national sympathies—and threatened to disturb the tranquillity of empires. He who, although He worketh unseen, yet worketh irresistibly and unceasingly, hath suspended neither his guardian care nor his paternal discipline over ourselves. Some of you

"The clear point of duty is, to assist most readily those who most need assistance."