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from The New England Magazine,
New series, vol 02, no 04 (1890-jun) pp385~88

STORIES OF THE FUGITIVE SLAVES.

III.

SIMS.

By Nina Moore Tiffany.

DO you want a cook aboard?"

      The speaker was a negro, who had come alongside the brig M. & J. C. Gilmore, as it lay at a Savannah wharf; a young fellow about twenty-two years old, quite dark.

      John Ball, a sailor on the brig, looked up as he heard the question, and observed the man. The vessel was not in need of a cook; the negro was answered and forgotten. All hands were busy getting in the cargo, and no one gave him a second thought. Five or six days after that, the M. & J. C. Gilmore sailed for the North, and in due time came to anchor inside of Boston light. The mate, Cephas Ames, went down into the forecastle with a lantern, to see how much chain was out.

      "Have we got up?" said a voice at his ear.

      Startled enough, the mate exclaimed, "Who are you?"

      There was no answer, but a dark figure sank back among the shadows. Flashing his light in that direction, the mate was able to trace the dim outline of a man, who lay outstretched, feigning to be asleep.

      "Come out!" shouted Ames, seizing him. "I've found a prize," he boasted exultingly, as he dragged the stowaway down into the cabin. Ball, upon going down into the cabin to inspect the "prize," discovered the negro who had accosted him at the Savannah wharf. The man was no other than Thomas Sims.

      Sims was the slave of Mr. James Potter, whose home was about ten miles from the city of Savannah. Ten dollars a month Sims had earned for his master, by working in the city; he had not lived on the plantation for some years. The thought of freedom had long been present with him. Bent upon getting to the North, he had stowed himself in the forecastle of the brig, and lay thus until discovered by Cephas Ames.

      Ames anticipated a liberal reward for his discovery. He locked Sims into the cabin for safe-keeping, intending to hand him over to the proper authorities when he found the opportunity. By the next morning, however, Sims was gone. During the night he unscrewed the hinges of the cabin door, — so he said, — stole on deck, lowered a boat, and pulled for the South Boston shore. A stranger, and friendless, he made his way into the city. Seeking work, perhaps, or perhaps looking for a chance to escape still further north, he had the misfortune to stray upon Long Wharf. The sailors of the M. & J. C. Gilmore had by this time come ashore. They saw him on the wharf, and by the captain's orders fell upon him and forced him back to the brig. Having put him into the run of the vessel, they drew off from land.

      It was February, — that same February that witnessed the arrest of Shadrach, — and the night was extremely cold. Sims almost perished, but prudence, or some spark of humanity, saved him from actually dying. "We did not like to see him frozen," says John Ball, in his testimony, so we put him into the cabin."1


1 For this, and other details, see Slave Law Cases, a collection of pamphlets in the Boston Public Library.

      Thence, for the second time, Sims made his escape. That he was able to do so awakens the suspicion that he had aid from some one on board the brig. His first question to Cephas Ames, "Have we got up?" also indicates his expecting to see some one who was friendly to him; but of this there is no proof.

      For more than a month Sims, keeping out of harm's way, led the life of a quiet, hard-working citizen of Boston. But on the night of Thursday, April 3, as he stood talking with another fugitive, in Richmond Street, not far from his Ann Street lodgings, he was suddenly set upon by two men who had orders to arrest him. Both fugitives made fight, but Sims's com- rade, after getting a hard blow, fled, and Sims was left to struggle as best he might alone. With a long knife that he carried about him he dealt one of his assailants a thrust in the thigh; but the knife broke, and he had no other weapon. He then tried to wrench himself away from his captors, and had nearly succeeded in writhing out of his clothing, when a posse of watchmen arrived and he was overcome. A prisoner, he was hustled through the streets to the court-house, where he was confined in a room upon the third floor. W. F. Channing, who afterward visited him there, says: "I found the door firmly fastened on the inside by iron bars, and guarded by fifteen or twenty officers with police badges on. Sims was handcuffed."2


2 Boston Commonwealth, April 12, 1851.

      Sims's one petition, now, was that he might be allowed to put an end to his life. He would far rather die, he said, than be made a slave again. Efforts were made for his release. The Vigilance Committee, who had secret means of knowing when warrants were to be served, were aware of the arrest, and tried to save him. Samuel E. Sewall, who had heard a rumor that the trial was to take place that night, and wished to act as counsel for Sims, met Marshal Riley in Court Square just after Sims had been carried into the court-house, and asked when the examination was to begin. Marshal Riley did not answer. Mr. Sewall repeated the question with some vehemence, whereupon Riley had Mr. Sewall arrested and taken to the watch-house. The captain of the watch had the good sense to release Mr. Sewall without delay; but the fact that Riley dared to order the arrest shows what public feeling then was toward those who shouldered the cause of the fugitives.

      The next morning saw the court-house surrounded by chains. A picture of the building, in one of the papers of the time, shows it girt by its chain defences and paced about by guards. Sixty men were on duty there by day, twenty-five at night. The Abolitionists, who held indignation meetings in Faneuil Hall, said that chains were a fit decoration for a building wherein a man could be condemned to slavery. With the greater part of the people, however, the cry ran, "The law must be maintained." They were not yet willing to pay the awful price finally to be wrung from them, and still regarded the work of the Abolitionists as a rushing upon the sword.

      The throng pressing to secure seats in the court-room was so great that the entire force of police and a number of men from the watch department had been called out to maintain order. Members of the bar and men connected with the press were admitted, and a few others known to the guard were allowed to pass, but unknown persons were ruled out. The Shadrach affair was to find no repetition here. An eye-witness reports that an acquaintance of his, being denied admittance, confidentially let it be understood that he came from Virginia, and gained entrance at once.

      At about nine o'clock Sims was taken from the "prison-room" in the court-house — the United States authorities having provided one by this time — to the United States court-room, in the same building. Mr. Bacon, who acted for Sims's master, was there with his counsel, Seth J. Thomas. Robert Rantoul, Jr., Charles G. Loring, and Samuel E. Sewall were counsel for Sims.

      At twenty minutes past nine the commissioner, George T. Curtis, took his seat. Sims's counsel asked for a delay, and a delay of twenty-four hours was granted. The trial, which began on Saturday, April 5, was a hard-fought battle, lasting for nearly a week. The length and earnestness of Mr. Rantoul's appeal in behalf of Sims and against the Fugitive Slave Law were equalled only by the close attention given him by the commissioner.

      Meantime, outside of the court-room, there was much skirmishing with legal devices and counter-devices. Bacon and De Lyon, Bacon's companion, were arrested as kidnappers, but released on bail. Richard H. Dana and Robert Rantoul applied on April 8 for a writ of habeas corpus, "setting forth," says the Commonwealth of that date, "that Sims was illegally and unconstitutionally held in custody"; strong effort was being made to get the Fugitive Slave Law declared unconstitutional. The application was, however, refused, and Judge Shaw published in the Advertiser of April 14 his opinion on the subject.

      In the Advertiser for April 9 is this item:—

      "The friends of Thomas Sims . . . have . . . made complaint against him for the assault upon Officer Butman at the time he was arrested. This is done in order to detain Sims here as amenable to Massachusetts law. . . . We learn, however, that Marshal Devens has made a similar complaint in the United States Court, has obtained a writ, and has served it upon Sims, so that the state and United States courts having concurrent jurisdiction in this case, and the United States officer being first in the field, the writ from the state court will not avail for its object."


      It was on Friday, the 11th of April, that the commissioner gave his decision. He decided that Sims must be given up to the men who claimed him. Sims was carried back into the barred room; the crowd dispersed; nothing remained to prevent a prompt removal. The removal was planned with all secrecy; it was to take place at daybreak on Saturday morning. But the Vigilance Committee kept men on the watch for any movement at the court-house; and when dawn came, a little knot of sorrowful and sympathizing spectators had gathered in Court Square to see the last of Sims. Theodore Parker was there.3 W. F. Channing was there. Says Channing:—


3 See his MS. in the scrap-book in the Boston Public Library.

      "I went to the court-house about quarter past four, where there was a body of about one hundred men armed with swords, marching and counter-marching; there were one hundred and fifty men — half, or more, watchmen — near Court Street, armed with their hooks. A large number of the first-named had police badges on their hats. The other persons, with the watchmen, were armed with sticks. There was a third body of twenty, armed with swords. At about five, the armed body came to the east door of the court-house, and stopped before it. In a few minutes the door was thrown open. Some fifteen persons descended, among whom was Sims. Marshal Tukey, as I supposed, came out at the head. I was on the opposite side of the street, and it was not quite light. . . . The body of watchmen had previously marched to the outside of the hollow square of officers. There were from one hundred and fifty to two hundred spectators present. The body of men marched into Court Street and down to Long Wharf. There were a few hisses and a few exclamations of 'Shame!' but no attempt at disorder. When they reached the head of Long Wharf, Sims, with a body of men, went on board the Acorn, which was lying at the wharf. Within three minutes, the vessel began to move down the harbor. The officers returned in a body. Immediately, as the vessel left, by a spontaneous movement, the Reverend Mr. Foster, of Concord, offered a prayer, in which the members of the Vigilance Committee and others joined. Some remarks followed; and a hymn was sung, 'Be thou, O God, exalted high,' as the spectators made their way up the wharf."


      An easily recognized pen wrote for the Commonwealth of April 14, under the heading of "The Stain":—

      "At last the fair fame of Massachusetts is blackened. She is fallen. In the dark days of her own slavery she held slaves, but she nobly burst her own chains, and still more nobly struck off those of her bondmen. And till now she has been true to her word of liberty. . . . She has never till this day been guilty of betraying the fugitive. . . . She sits in the dust, the slave of unutterable meanness, trying in vain to solace her self-respect with the lie that she has performed a constitutional duty. . . Men of Massachusetts, — we speak not to the dogs, — men of Massachusetts, let us bury every hatchet of domestic discord and fan into a fervor of patriotic detestation of slavery every smallest spark of manhood in this continent. There must be hearts, even in Georgia, which will turn with loathing from the brig Acorn and the sacrifice to despotism with which she is freighted...."


      Sims made one brief comment, as the brig carried him away: "And this is Massachusetts liberty!" On arriving at Savannah, he was severely flogged and was thrown into prison, where for two months he lay in a wretched cell. Then he was taken out and sent to a slave-pen in Charleston, but there must have been difficulty in selling him, for he was removed again and sent to New Orleans. In New Orleans he was purchased by a brick mason and taken to Vicksburg, where, as we are told in Austin's Life of Wendell Phillips, he escaped, in 1863, to the besieging army. General Grant, it is said, gave him transportation to the North. The Liberator for September 5, 1851, quoting the Commonwealth, says:—

      "We learn that Sims had received one flogging of thirty-nine stripes, the extent allowed by the law, and was about to receive another, for the crime of running away from Mr. Potter. He was promised that the last flogging should be remitted if he would ask Mr. Potter's forgiveness for the offence, but he refused."


      It reminds one of Socrates' declaration that "neither in war, nor yet in law, may a man use every means of escaping death!"

[THE END]