The Jim Gray Case, 1859-1860
In 1859, three slaves owned by Richard Phillips, fled from Phillips' plantation in New Madrid County, Missouri. One of those slaves, Jim Gray, was captured by slave catchers in Union County, Illinois on September 4, 1859, and imprisoned in accordance with a state law about runaway slaves. The slave catchers were noticed by abolitionist Benajah G. Roots, who demanded that Gray be taken before the county judge in Jonesboro, Illinois. The county judge denied the slave cathchers' request that they be allowed to return Gray to Missouri, but he also refused to release Gray, because he did not possess "freedom papers". Roots therefore filed a habeas petition with John D. Caton, Chief Justice of the Supreme Court of Illinois, who was stationed in Ottawa, Illinois. Chief Justice Caton agreed that the state law by which Gray was being held was unconstitutional, but nevertheless ordered the Jonesboro sheriff to turn Gray over to the U.S. Commissioner in Springfield, Illinois so that the federal government could determine how to proceed under the Fugitive Slave Law of 1850. A number of abolitionists, including Hossack, attended the court that day, and, upon hearing Chief Justice Caton's decision, they yelled at Gray to run, Hossack saying "If you want your liberty, come." Other abolitionists then blocked the way of law enforcement officials as Hossack ushered Gray into a waiting carriage. Gray escaped to Chicago, and, eventually, to Canada and freedom.
Hossack was subsequently indicted for violation the Fugitive Slave Law, and tried in Chicago before Judge Thomas Drummond of the United States District Court for the Northern District of Illinois. The jury convicted Hossack, but recommended mercy, and Judge Drummond sentenced Hossack to only ten days in the Cook County jail and fined him $100.
Hossack addressed the court prior to his sentencing, in a speech subsequently published by the American Anti-Slavery Society. Hossack began "I am found guilty of a violation of the Fugitive Slave law, and it may appear strange to your honor that I have no sense of guilt" and then concluded
| “ | the jury have found me guilty; yes, guilty of carrying out the still greater principles of the Declaration of Independence; yes, guilty of carrying out the still greater principles of the Son of God. Great God! Can these things be? Can it be possible? What country is this? Can it be that I live in a land boasting of freedom, of morality, of Christianity? How long, O, how long shall the people bow down and worship this great image set up in this nation? Yes, the jury say guilty, but recommend me to the mercy of the Court. Mercy, sir, is kindness to the guilty. I am guilty of no crime. I therefore ask for no mercy; I ask for justice. Mercy is what I ask of my God. Justice in the courts of my adopted country is all I ask. It is the inhuman and infamous law that is wrong, not me. | ” |
During his ten days in prison, Hossack was taken out and banqueted by John Wentworth, mayor of Chicago, and greatly acclaimed by the people.
Read more about this topic: John Hossack
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