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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 postmortem examination. Now, there is no one act of Gov. 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 state prison 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 Gov. 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 highminded and humane course of Gov. S. 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 Gov. Seward in this remarkable case, we are confident will find a response in every unprejudiced and humane heart.

The conduct of Gov. 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 counsel-was 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, Gov. Seward alluded to the excitement which had been kindled against him for the faithful

ness with which he defended both Wyatt and Freeman, in the following thrilling pas sage:

"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 wellknown 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!

In 1849, forty persons residing in the interior of the state of Michigan, about sixty miles from Detroit, were indicted on a charge of burning the railroad depot in that city. The Michigan Central Railroad Company adopted, and carried forward the prosecution. Eminent lawyers to the number of ten, were employed by the company to sustain the indictment; and every other lawyer of mark, in that state, except one, was retained by the prosecution, to prevent him from engaging in defence of the prisoners. The offence, connected with other circumstances, had produced an excitement scarcely less than that which has been described in the case of Freeman.

The prisoners then in jail, represented these facts to Gov. Seward, and appealed to him to defend them, stating that in consequence of the wealth and influence arrayed against them, they were deprived of the opportunity of obtaining proper counsel at home. Although Gov. Seward had then withdrawn, as he supposed, for ever from jury trials, he seems to have believed that he could not leave those persons, whether innocent or guilty, to suffer for want of defence, without a reproach to the profession to which he belonged, and of which humanity is the highest ornament. He repaired, therefore, to Detroit, arriving after the trial had commenced. It lasted four months-the longest judicial trial that has occurred in this country. Almost without compensation, he persevered in defence of the unhappy prisoners to

the end, in the midst of an excitement which allowed no charity either there or elsewhere, for the motives by which he was governed. He had, however, the reward of success, so far as to procure the acquittal of twenty-eight persons accused.*

Of the character of Gov. Seward's professional labors and conduct in the department of arguments at the bar, illustrations will be found in his pleas for the liberty of the press, and against the fugitive slave law, and for the rights of inventors, contained in the present collection.†

The retirement of Gov. Seward from office, permitting party heats to abate, and freeing his views on public questions from the influence of prejudice, was followed by a growing reaction of popular sentiment in his favor. He had been opposed by the abolitionists, because he withheld his countenance from their extreme measures, and by the enemies of abolition, because of his sympathy with the cause. Adopted citizens had been led to distrust the sincerity of his efforts in their behalf, and protestants saw danger to religion in his zeal for equal justice to the foreigner and native. The friends of internal improvement accused him of lukewarmness, while the opponents of that system predicted the impoverishment of the state from the extravagance of his zeal. But now all these prejudices were softened. His character and his opinions were presented in a truer light. His sincerity was placed above the reach of suspicion. No one questioned his rare abilities. While new friends were constantly won, his old friends adhered to him with affectionate fidelity. Though abstaining from the exercise of political influence, he was regarded as the leader of his party in the state, and his labors were claimed for every movement in behalf of its interests.

Upon the organization of the Native American party, which commenced with the burning of Roman Catholic churches, and aimed at a complete change in the naturalization laws, the adopted citizens with one accord, appealed to Gov. Seward for sympathy and protection. His speeches and letters, during the agitation of this subject, show his vigorous resistance to principles which he had always regarded as political heresies. In this respect, his course has been uniform and consistent, from the beginning.

Notwithstanding Gov. Seward was overruled in his opposition to the nomination of Mr. Clay for the presidency, in 1844, at the *See Vol. I. page 523. See Forensic Arguments, Vol. I. p. 391.

VOL. I-F

instance of the whig party, he took an active part in the canvass of the state, until the day of the election. He spared no pains to remove the objections of the anti-slavery voters, and of the adopted citizens, to the whig candidate. If strenuous energy and powerful eloquence could have insured success, Henry Clay would have received the vote of New York. But the only result of these efforts was to prevent an increase of the desertion from the whig ranks, which was experienced in 1842.

With his uncompromising hostility to the extension of slavery in the United States, Gov. Seward opposed the annexation of Texas to the last, and condemned the Mexican war, which he had predicted as its consequence. Still, during the continuance of the war, he urgently maintained the duty of supporting the government by liberal appropriations of men and money.

While the Oregon question was pending between the United States and Great Britain, he agreed with John Quincy Adams that our government should give notice to Great Britain of the termination of the joint occupancy of that territory. Notwithstanding all the threats and alarms of war, he exerted his influence with the members of Congress to sustain the administration in the adoption of that measure.

The subject of internal improvements in the state, together with the conflicts of interest about the patronage of the federal government, produced a division as early as 1843 in the ranks of the socalled New York democracy. The rival factions came soon to designate each other as hunkers and barnburners. While each admitted the necessity of some amendments to the constitution, they could not agree on the details. No proposal to that effect, accordingly, could obtain the assent of two successive legislatures, or a two-third vote, which was necessary in the last instance, for submitting a proposition to the people. The barnburners, who sought for more radical reforms than their opponents, were thus led to agitate the call of a convention for the entire revision of the constitution. This measure was discountenanced by leading whigs, who regarded it as revolutionary, and of dangerous tendencies. Gov. Seward took the opposite ground. He argued that such a convention would present an opportunity to the whigs to take the sense of the people upon the measures proposed by the barnburners against internal improvements. It might also secure the advantage of decentralizing the political power of the

The views

state, by dividing it into single senatorial and assembly districts, and transferring the appointment of all judicial and administrative offices from the governor and legislature to the people, as well as entrusting all matters of local legislation to county boards of supervisors, instead of the legislature at Albany. It would, moreover, permit an attempt to extend the right of suffrage, without a freehold qualification, to the African race. of Gov. Seward were generally adopted. The convention was called with great unanimity by all parties. Although the whigs had but a small majority in that body, all the proposed reforms were carried, except the latter. The sceptre which had so long been wielded by the Albany regency was broken, and the concentration of political, judicial, and moneyed power, on which their empire was built, was henceforth impossible.

The recurrence of the presidential election in 1848, found Gov. Seward consenting to the nomination of Gen. Taylor, whom he regarded, at that time, as the only available candidate. He had greater confidence in the success of Gen. Taylor, as his name had been brought before the people, in connexion with the presidency, on account of his brilliant achievements in the Mexican war, to which he was understood to have been opposed. His election, therefore, would serve to rebuke those politicians who had plunged the country in war for selfish purposes, and would thus inculcate lessons of moderation and peace to rulers. Gov. Seward favored his nomination, moreover, because the previous course of the candidate warranted the belief that he would veto no act of Congress establishing governments which excluded slavery in our newlyacquired Mexican territory. With these views, Gov. Seward devoted himself with great energy to the canvass in the states of New York, Pennsylvania, Ohio, and Massachusetts, in behalf of Gen. Taylor, and of such members of Congress as might be relied upon to support his administration and to extend the ordinance of 1787, on the principle of the Wilmot proviso, over the Mexican territories.

The election of Gen. Taylor to the presidency seemed to be a favorable indication for the policy of freedom, that had been so earnestly defended by Gov. Seward. Connected with the return of a whig majority both in the national house of representatives and the legislature of New York, that event was supposed to guaranty the restriction of slavery within its existing boundaries.

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