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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 beautiful 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.

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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 NEST FAMILY WILLIAM FREEMAN - WYATT'S 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

of age, who had been six months before discharged from the Auburn stateprison, after an imprisonment of five years. The bloody scene occurred at the residence of John G. Van Nest, a wealthy and highly respectable farmer, and a friend and former client of Governor Seward's, whose house stood in a secluded grove, near the suburbs of Auburn, on the shores of the Owasco lake. Having armed himself with carefully-prepared weapons, Freeman entered the dwelling at ten o'clock at night, and slew Mr. Van Nest, his wife, then pregnant, a child sleeping in its bed, and the motherin-law of Van Nest, Mrs. Wyckoff, an aged woman of seventy. The hired man, who came to the defence of the family, was severely injured and left for dead. The murderer, being disabled by a wound from old Mrs. Wyckoff, desisted from further violence, and made his escape. Taking a horse from the stable, he rode him a few miles, when he stabbed the animal, which had become incapable of travelling. He then stole another horse, which proved to be more fleet, and pursuing his flight, rode to the house of a relative about thirty miles from Auburn. There he offered the horse for sale, and proposed to take up his residence, until he should recover from his wound. He was traced and arrested, in a few hours, and brought back to the scene of butchery, and into the presence of the surviving witnesses. On being questioned, he at once confessed the crime, not only without apparent remorse or horror, but with frequent and irrepressible fits of laughter. The public indignation was so excited at this awful tragedy, that it required all the dexterity of the police to keep Freeman from being torn to pieces on the spot. He was at length committed to the jail, by a successful stratagem, but the crowd could with difficulty be prevented from forcing the doors. They were appeased only by the assurance of one of the judges of the county, that Freeman should be tried and executed, and that there should be no plea of insanity and "no Governor Seward to defend him."

None of the usual motives appearing on the part of Freeman for the commission of such a desperate act, it was rumored that he had been present during Wyatt's trial, and had learned from the argument of Governor Seward that responsibilities for crime might be avoided on the ground of insanity. This became the popular explanation of the horrible catastrophe. The public feeling ran high against Governor Seward. Even threats of personal violence were openly made. The excitement became so intense, that when he returned from the south, his family and friends were surprised that on reaching the depot at Auburn, he was permitted to pass to his residence without outrage.

In this state of affairs, the governor, Silas Wright, was induced to issue an order for a special term of the court of oyer and terminer, to be held at an early day, by Judge Whiting, to dispose of the cases both of Wyatt and Freeman. During the interval, public tranquillity was restored by the assurance of Governor Seward's law-partners, while he was absent, that he would not engage in the defence, it being well understood that no other advocate would consent to give his services to so odious a cause.

Governor Seward was unmoved by the tempest of excitement around him. With characteristic courage and calmness, he proceeded to examine the subject, as a philanthropist and lawyer. He felt as keenly as any one, the enormity of the deed. But impelled by a strong sense of duty, he was determined to look thoroughly into the case of the wretched negro. At his solicitation, accordingly, three intelligent and humane citizens of Auburn made several visits to Freeman in jail. They reduced their conversations with him to writing, and submitted them to Governor Seward's inspection. The result of the investigation, together with other facts which had become known to him, convinced him that whatever was the condition of Freeman's mind prior to the homicide, he was then sunk into a state of dementia, approaching idiocy.

The court began with the trial of Wyatt. Governor Seward, aware of the intense and aggravated excitement which prevailed, applied for a postponement of the case, but without effect. A week was consumed without finding a single impartial juror. The attorney-general, John Van Buren, was sent for, with haste. On his arrival, the court reversed the principles by which the trial of jurors had ever been conducted, as laid down by Chief-Justice Marshall, and adopted a standard that permitted jurors to be sworn although they confessed to a bias, or an opinion formed of the prisoner's guilt. The obtaining of a juror, even under this unprecedented decision, was regarded as a triumph, in a controversy in which not only the people of Auburn and its vicinity, but of the whole state took sides for or against Governor Seward.

A trial conducted under such circumstances, could have but one result. At the expiration of a month, Wyatt was convicted and sentenced to be executed. Moral insanity was thus, so far as the verdict of a jury could go, judicially abolished. Governor Seward devoted four weeks of uninterrupted labor to this case, without the slightest pecuniary compensation, and at an outlay of no small sum from his own pocket.*

The Freeman case still remained to be disposed of. It came on immediately after the conclusion of Wyatt's trial. An immense assemblage had convened in the courthouse at Auburn, to witness the opening of the case. Until that moment, it was not known whether Freeman would have any counsel. It was supposed the court would assign him

Wyatt, after receiving his sentence, anxious to afford Governor Seward some compensation, offered to narrate his "life" for publication, the profits of which should go to Governor S., and it was taken down for that purpose. But on examination it was found to be of doubtful moral bearing and influence, and on that account, Governor Seward refused to permit its publication, or participate in any profits arising therefrom. A spurious copy, however, was afterward surreptitiously obtained, and brought out in a pamphlet, which yielded a net profit of six hundred dollars to the publisher.

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