wheel. The inventor gropes in a cavern, holding on to a chain that is suspended to the throne of God, who permits him to grasp but a single link at a time. There must be the boll of rotting flax, before there can be the bridal veil. There must be the egg before the eagle, the thought before the thing. 'We learn upon a hint, we find upon a clew, From the basket and acanthus is modeled the graceful capital; The shadowed profile on the wall helpeth the limner to his likeness; The Huron is certain of his prey from tracks upon the grass, And shrewdness, guessing on the hint, followeth the trail; But the hint must be given, the trail must be there, or the keenest sight is as blindness.'" At the same time, Mr. Seward's genial and generous disposition, and the natural frankness of his manners, gave him great influence with a jury, and made his services indispensable as counsel in criminal cases. His zeal in the defence of persons unjustly accused was so great, that he has been known not only to give his best efforts gratuitously, but to furnish a large amount of funds from his own means in their behalf. In 1845, Governor Seward was engaged in a libel-suit in the supreme court of New York, in the case of J. Fenimore Cooper vs. Greeley and M'Elrath, publishers of the "New York Tribune." He was counsel for the defendants. It was deemed a case of much importance, involving as it did the rights of newspaper publishers to utter their opinions as to the character and acts of men holding positions of influence before the public. Governor Seward's argument* in this case was a sound and searching production; it sifted thoroughly, and to the bottom, the whole subject of libel, the modifications which that law appears to have undergone by judicial construction in this state, and the rights of the press and the people: the right of free thought and free *See Vol. I., p. 391. speech, on the one hand, and the right of exemption from vituperation and libel on the other—all were brought under review, and discussed with clearness and effect. The public and the press will acknowledge their obligations to Governor Seward for the ability and force with which the freedom of speech and of opinion was illustrated and defended on that trial. At the solicitation of citizens of Cooperstown, New York, Governor Seward left the state fair at Auburn, in 1844, to defend a person of politics adverse to his own, charged with the crime of murder. When he had the pleasure of securing a verdict which reduced the crime to manslaughter, in opposition to the opinion of the court, he declined to receive any compensation for his successful effort in behalf of the prisoner, although it was tendered by the jury, who felt themselves indebted to him for showing how they could rightfully vindicate the laws, and by it save a human life. In 1847, Governor Seward was solicited by certain humane persons in Cincinnati, with a tender of compensation, to be raised by subscription, to appear before the supreme court at Washington, in behalf of John Van Zandt, who was charged with aiding certain fugitives in an attempt to escape from slavery. He consented to undertake the case. The argument* which he delivered on this occasion presented a masterly and unequalled analysis of the fugitive-slave law of 1793, and the provisions of the federal constitution in regard to the subject. It closed with the following earnest appeal to the court: "The act of 1793 is unconstitutional, because, by implication and certain effect, it recognises slavery as a lawful institution, lawfully creating an obligation to labor. All slavery is an open violation of the personal rights guarantied to the people by the constitution. However true it may be that, when Congress finds the institution existing in any state, they have no power to dis * See Vol. I., p. 476. turb it there—it is clear that they have no right to extend it into other states, or compel such states to recognise its peculiar code. Such a power is not expressly conferred by the section which has been considered, nor is it implied by any necessary or reasonable construction. It is manifestly excluded from that portion of the instrument, absolutely interdicted by others which have been recited, and is at war with the spirit of the whole constitution. We need not refer again, minutely, to its provisions to support this argument. Our senses tell us, our happiness assures us, our pride proclaims, the graves and glory of our ancestors, every day and every hour remind us, that we are a FREE people; and that the constitution is a legacy of liberty; and, so far as liberty and slavery depend on that great charter, all men are free and equal. If all this be not evidence enough, we can read the same truth in the severe derision we justly excite throughout the world, and the humiliation we can not conceal, when we attempt to justify the toleration of slavery. "For myself, an humble advocate in a great cause, I can not hope, I dare not hope, I do not expect, that principles which seem to me so reasonable, so just and truthful, can all at once gain immediate establishment in this tribunal, against the force of many precedents and the weight of many honored names. But I do humbly hope that past adjudications, by which the constitution was unnecessarily declared to recognise, sanction, and guaranty slavery, may be reconsidered. I appeal to the court to restore to that revered instrument its simplicity, its truthfulness, its harmony with the Declaration of Independence -its studied denial of a right of property in man, and its jealous regard for the security of the people. I humbly supplicate, that slavery, with its odious form and revolting features, and its dreadful pretensions for the present and for the future, may not receive in this great tribunal, now, sanction and countenance, denied to it by a convention of the American states more than half a century ago. Let the spirit which prevailed in that august assembly, only find utterance here, and the time will come somewhat more speedily, when throughout this great empire, erected on the foundation of the rights of man, no court of justice will be re 5 quired to enforce INVOLUNTARY obligations of LABOR, and uphold the indefensible law of PHYSICAL FORCE." The argument also stated most of the important objections now urged against the present fugitive-slave law. In this case, also, Governor Seward declined all compensation. In September of the same year, Governor Seward was invited by the Irish citizens of the city of New York, to deliver a eulogy on the life and character of Daniel O'Connell.* An immense assemblage of adopted and native-born citizens, listened to him with the highest admiration. Like all similar efforts from the pen of Governor Seward, it was a production at once chaste and eloquent, full of historical and classical allusions, with many passages of the most thrilling pathos, and did ample justice to the principles and deeds of the great Irish orator. We give only his beau tiful exordium: "There is sad news from Genoa. An aged and weary pilgrim who can travel no farther, passes beneath the gate of one of her ancient palaces, saying with pious resignation as he enters its silent chambers: Well it is God's will that I shall never see Rome. I am disappointed, but I am ready to die.' "The superb' though fading queen of the Mediterranean holds anxious watch through ten long days over that majestic stranger's wasting frame. And now death is there-the Liberator of Ireland has sunk to rest in the cradle of Columbus. "Coincidence beautiful and most sublime! It was the very day set apart by the elder daughter of the church for prayer and sacrifice throughout the world for the children of the sacred island, perishing by famine and pestilence in their houses and in their native fields, and on their crowded paths of exile, on the sea and in the havens, and on the lakes and along the rivers of this far distant land. The chimes rung out by pity for his countrymen were O'CONNELL'S fitting knell; his soul went forth on clouds of incense that rose from altars of Christian charity: and the mournful anthems which recited the faith and the virtue and the endurance of Ireland were his becoming requiem." *See Vol. III., p. 44. CHAPTER XV. THE WYATT AND FREEMAN CASES-MASSACRE OF THE VAN FREEMAN-WYATT'S NEST FAMILY WILLIAM TRIAL· TRIAL OF FREEMAN-EXTRAORDINARY PROCEEDINGS. IN 1845, a convict of the stateprison at Auburn, Henry Wyatt, was indicted for the murder of a fellow-convict. His attempts to procure able counsel, had failed for want of ability to make the usual recompense. On the day but one preceding his trial, he invoked Governor Seward's interposition for his defence. His appeal was promptly accepted. During the trial, many striking incidents were disclosed, which showed that the crime was committed in a morbid state of mind. The case clearly fell within a class which medical writers designate under the general name of moral insanity. Governor Seward procured, at his own expense, the scientific witnesses necessary to present the case fairly to the jury. He followed in his defence with an argument of great power and pathos. The jury divided and could not agree upon a verdict. His second trial at the next circuit court, was eagerly anticipated, with full confidence that he would be acquitted. This event, however, was destined to become the occasion of difficulties such as few advocates have been called to encounter. After the close of the first trial, Governor Seward left Auburn on a professional tour to Washington and the southern states. While the case of Wyatt was yet the topic of discussion in Auburn and its vicinity, a singularly revolting occurrence took place, which served to increase the agitation of the public mind. This was the massacre of nearly a whole family by William Freeman, a negro of twenty-three years |