Part 91

The career of Thomas Shipley, as it was connected with the interests of the colored community, abounds in incidents which have rarely occurred in the life of any individual. Being universally regarded as their adviser and protector, he was constantly solicited for his advice on questions touching their welfare. This led him to investigate the laws relating to this class of persons, in all their extended ramifications. The knowledge he thus acquired, together with his practical acquaintance with the business and decisions of our courts, rendered his opinion peculiarly serviceable on all matters affecting their rights. Never did a merchant study more closely the varied relations of business, and their influence on his interests, than did Thomas Shipley all those questions which concerned the well-being of those for whom he was so warmly interested. He had volunteered his services as their advocate, and they could not have been more faithfully served had they poured out the wealth of Croesus at the feet of the most learned counsel.

On every occasion of popular commotion where the safety of the colored people was threatened, he was found at his post, fearlessly defending their rights, and exerting his influence with those in authority to throw around them the protection of the laws. In the tumultuous scenes which disgraced Philadelphia, in the summer of 1835, in which the fury of the mob was directed against the persons and property of the colored inhabitants, he acted with an energy and prudence rarely found combined in the same individual.

The mob had collected and organized to the number of several hundred, and were marching through the lower part of the city, dealing destruction in their course; the houses of respectable and worthy colored citizens were broken in upon, the furniture scattered to the winds, all they possessed destroyed or plundered, and they themselves subjected to the most brutal and savage treatment. Defenceless infancy and decrepid age were alike disregarded in the general devastation which these ruffians had decreed should attend their course. The color of the skin was the mark by which their vengeance was directed, and the cries and entreaties of their innocent and defenceless victims were alike disregarded in the accomplishment of their ends. Already had several victims fallen before the fury of the ruthless band. Law and order were laid waste, and the officers of justice looked on, some perhaps with dismay, and others with indifference, while the rights of citizens were prostrated, and their peaceful and quiet homes invaded by the hand of violence. At such a time the voice of remonstrance or entreaty, would have been useless, and had the avowed friends of the colored man interfered in any public manner, the effect would probably have been to increase the fury of the storm, and to have directed the violence of the mob upon themselves.

Under these perilous circumstances, Thomas Shipley was determined to attempt an effort for their relief. He could not look on and see those for whom he was so deeply interested threatened almost with extermination without an effort for their preservation, and yet he was aware that his presence amongst the mob might subject him to assassination, without adding to the security of the objects of his solicitude. He, therefore, determined to disguise himself in such a manner as not to be recognized, and to mingle amongst the rioters in order to ascertain their objects, and if possible to convey such information to the proper authorities as might lead to the arrest of those most active in fomenting disorder. Accordingly he left his house late in the evening, attired so as to be completely disguised, and repaired to the scene of tumult. By this time much mischief had been done, and to add fresh fury to the multitude, and to incite them to new deeds of blood, nothing was wanting but some act of resistance on the part of their victims, who, during the whole period, had conducted themselves with a forbearance and patience highly creditable to them as good citizens and upright Christians. Such an occasion was about to occur, and was prevented by the admirable coolness and forethought of Thomas Shipley.

A number of colored men who had been driven to desperation by the acts of the mob, and who had relinquished the idea of protection from the civil authorities, determined to resort to arms, to defend themselves and their families from the further aggressions of their persecutors. They accordingly repaired to Benezet Hall, one of their public buildings in South Seventh Street, with a supply of fire arms and ammunition, determined to fire upon the assailants, and maintain their post or die in the attempt. This fact became known to the leaders of the mob, and the cry was raised to march for the hall, and make the attack. Thomas Shipley who had mingled amongst the rioters, and apparently identified himself with them, was now perfectly aware of all their designs; he knew their numbers, he had seen the implements of destruction which they were brandishing about them, and he was aware that the occurrence of such a conflict would be attended with the most disastrous results, and might be the beginning of hostilities which would terminate in the destruction of the weaker party, or at least in a dreadful effusion of human blood. Seeing the position in which the parties were now placed, he left the ranks of the rioters, and ran at the top of his speed to the house in which the colored people were collected, awaiting the approach of their enemy. As he drew near, they were about coming out to meet their assailants, highly excited by continued outrages, and determined to defend themselves or die. At this unexpected moment, their protector drew nigh; he raised his voice aloud, and addressed the multitude. He deprecated the idea of a resort to physical force, as being calculated to increase their difficulties, and to plunge them into general distress, and entreated them to retire from the hall. His voice was immediately recognized; the effect was electric; the whole throng knew him as their friend; their fierce passions were calmed by the voice of reason and admonition. They could not disregard his counsels; he had come among them, at the dead hour of night, in the midst of danger and trial, to raise his warning voice against a course of measures they were about to pursue. They listened to his remonstrances, and retreated before the mob had reached the building. At this juncture the Mayor and his officers assembled in front of the hall, and by prompt and energetic

## action succeeded in dispersing the mob, and through the information

received from Thomas Shipley, the ringleaders were secured and lodged in prison.

The part which Thomas Shipley acted in the trying scenes so often presented in our courts, during this unhappy period, has invested his character with a remarkable degree of interest. It is probable that his connection with the Pennsylvania Abolition Society was the means of enlisting his talents and exertions in this important service.

The energy and zeal of our friend in his efforts for the relief of those about to be deprived of their dearest rights, soon distinguished him as the most efficient member of the Society, in this department of its duties. So intense was his interest in all cases where the liberty of his fellow-man was at issue, that, during a period of many years, he was scarcely ever absent from the side of the unhappy victim, as he sat before our judicial tribunals, trembling for his fate. The promptings of interest, the pleasures and allurements of the world, the quiet enjoyment of a peaceful home, were all cheerfully sacrificed, when his services were demanded in these distressing cases. Often has he left the business, in which his pecuniary interests were materially involved, to stand by the unhappy fugitive in the hour of his extremity, with an alacrity and a spirit which could only be displayed by one animated by the loftiest principles and the purest philanthropy.

Who, that has ever witnessed one of these trying scenes, can forget his manly and honest bearing, as he stood before the unrelenting and arrogant claimant, watching with an eagle eye, every step of the process by which he hoped to gain his victim? Who has not been struck with his expressive glances toward the judge, when a doubtful point arose in the investigation of the case? Who has not caught the lively expression of delight which beamed from his countenance, when a fact was disclosed which had a favorable bearing on the liberty of the captive? Who has not admired the sagacity with which his inquiries were dictated, and the tact and acumen with which he managed every part of his cause? His principle was unhesitatingly to submit to existing laws, however unjust their decrees might be, but to scan well the bearing of the facts and principles involved in each case, and to see that nothing was wanting in the chain of evidence, or in the legal points in question, fully to satisfy the requisitions of law. If a doubtful point arose, he was unwearied in investigating it, and devoted hours, days, and even weeks, in the collection of testimony which he thought would have a favorable influence on the prisoner.

Through his untiring vigilance, many victims have escaped from the hand of the oppressor, whose title to freedom, according to the laws of this commonwealth, was undoubted, and many others, whose enslavement was at least questionable.

The time and labor expended by Thomas Shipley in protecting the interests of his colored clients, would be almost incredible to those who were not aware of his extraordinary devotion to the cause. The only notice which can be found among his papers, of the various slave cases in which he was engaged, is contained in a memorandum book, which he commenced in the summer of 1835. In this book he has noted, in the order of their occurrence, such instances of difficulty or distress as demanded his interference, almost without a comment. I find from this book, that his advice and assistance were bestowed in twenty-five cases, from Seventh mo. 16th, to Eighth mo. 24th, 1836, a period of little more than a month. A number of these cases required the writing of letters to distant places; in some it was necessary for him to visit the parties interested; and others demanded his personal attendance at court. This perhaps, may be considered as a fair average of the amount of labor which he constantly expended in this department of his benevolent efforts; and when we consider the time occupied in the necessary duties of his ordinary avocations, it must be evident that he possessed not only extraordinary humanity, but uncommon activity and energy, to have accomplished so much.

In the memorandum book referred to, under date of Twelfth mo., 1835, I find the following note: "Spent eighteen days in the trial of A. Hemsley, and his wife Nancy, and her three children, arrested at Mount Holly, the husband claimed by Goldsborough Price, executor of Isaac Boggs, of Queen Ann's county, Maryland, and the wife and children by Richard D. Cooper, of the same county. John Willoughby, agent for both claimants. B.R. Brown and B. Clarke, attorneys for the claimant, and D.P. Brown, J.R. Slack, E.B. Cannon, and G.W. Camblos, for defendants. After a full argument, in which a manumission was produced for Nancy, from R.D. Cooper's father, she and her children were discharged, but her husband was remanded; on which a certiorari was served on the judge, and a habeas corpus placed in the sheriff's hands."

"Alexander was discharged by the Supreme Court, at Trenton, Third mo. 5th. The circumstances of the case, were briefly the following: The woman and children had been regularly manumitted in Delaware by the father of the claimant, while the title of the father to freedom was less positive, though sufficiently clear to warrant a vigorous effort on his behalf."

The first object of the counsel on the part of the alleged fugitive, was to prove the manumission of the mother and children, and, as it was thought, the necessary documents for that purpose were collected and arranged. After the trial had proceeded, however, for a short time, the attorney for the defendants discovered a defect in the testimony on this point; the necessary papers, duly authenticated by the Governor or Chief Justice of Delaware, were missing, and without them it was impossible to make out the case. The fact was immediately communicated to Thomas Shipley--he saw that the papers must be had, and that they could not be procured without a visit to Dover, in Delaware. He at once determined to repair thither in person, and obtain them. Without the knowledge of the claimant's counsel, who might have taken advantage of the omission, and hurried the case to a decision; he started on the evening of the sixth day, and traveled as fast as possible to Dover, in the midst of a season unusually cold and inclement. On the next morning inquiries were made in all directions for friend Shipley; it was thought strange that he should desert his post in the midst of so exciting and momentous a trial, and at a time when his presence seemed to be particularly required. The counsel for the prisoners, who were aware of his movements, proceeded with the examination of witnesses as slowly as possible, in order to allow time for procuring this important link in the chain of testimony, and thus to procrastinate the period when they should be called upon to sum up the case.

Fortunately, on the evening of the day on which Thomas Shipley set out upon his journey, it was proposed to adjourn, and farther proceedings were postponed until Second day morning. At the meeting of the court, in the morning, the expected messenger was not there, and the ingenuity of the counsel was taxed still farther to procrastinate the important period. After three hours had been consumed in debate upon legal points, he, who was so anxiously looked for, came hurrying through the crowd, making his way toward the bench. His countenance and his movements soon convinced the wondering spectators that he was the bearer of gratifying news, and in a few minutes, the mystery of his absence was revealed, by the production of a document which was the fruit of his effort. The papers completely established the legal title of the mother and children to their freedom, and placed them out of the reach of further persecution. An attack of illness was the result of the extreme exertion and fatigue endured by this devoted man, in his earnest advocacy of the rights of these friendless beings.

The freedom of the husband and father, was, however, still in jeopardy. If the decision of the court should be against him, he would be torn from the bosom of his now joyful and emancipated family, and consigned to a life of bondage. To avert this calamity, the counsel for the prisoner suggested an expedient as humane as it was ingenious. He proposed that a writ of certiorari which would oblige the judge to remove the case to the Supreme Court and a habeas corpus from the Chief Justice of the State, should both be in readiness when the decision of the judge should be pronounced, in case that if it should be unfavorable, the writs might be at once served, and the prisoner remanded to the sheriff of the county, to be brought up before the Supreme Court at Trenton for another trial.

To procure these writs, it was necessary to obtain the signature of the chief justice of New Jersey, who resided at Newark, and again Thomas Shipley was ready to enter with alacrity into the service. He saw the importance of the measure, and that it would require prompt action, inasmuch as the decision of the judge would probably be pronounced on the following day. It fortunately happened that a friend was just about leaving for Newark, in his own conveyance, and feeling an interest in the case, he kindly invited friend Shipley to accompany him. They left in the afternoon, traveled all night, and arrived at Newark by daylight the following morning. The weary traveler was unwilling, however, to retire to bed, although the night was exceedingly cold and tempestuous, but he proceeded at once to the house of the chief justice. He called the worthy judge from his bed, offering the importance of his business, and the necessity of speedy action, as an apology for so unseasonable a visit. Chief Justice Hornblower, on being informed of the circumstances of the case, expressed his pleasure at having it in his power to accede to his wishes and treated him with a respect and kindness which the disinterested benevolence of his mission was calculated to inspire.

Having obtained the necessary papers, he left at once for Mount Holly, where he arrived on the following day, in time to place the writs in the hands of the sheriff, just before the decision of Judge H. was pronounced. Had he consulted his ease or convenience, and deferred his visit to Newark a few hours, or had he, as most men, under similar circumstances would have done, reposed his weary limbs, after a cold and dreary ride of eighty miles, in order to enable him to return with renewed strength, he would have arrived too late to render this meritorious effort effectual. As it was, he was there in time. The judge, according to the expectation of the friends of the colored man, gave his decision in favor of the slave-holders, and ordered poor Alexander to be given up to the tender mercies of the exasperated claimant. The decision sent a thrill of indignation through the anxious and excited multitude, which perhaps, was never equalled amongst the inhabitants of that quiet town. The friends of humanity had assembled from all parts of the country to witness the proceedings in the case. Many of them were personally acquainted with the prisoner; they knew him to be a man of intelligence and integrity; he was an industrious and orderly citizen, and was universally respected in the neighborhood. He was now about to be made a slave, and was declared to be the property of another. The father was about to be torn from his helpless children; the husband in defiance of the Divine command, was to be wrested from the fond embrace of his sorrowing wife, to spend his days in misery and toil. And this was to be done before the eyes of those who had a just regard for human rights, a hearty hatred of oppression. Is it wonderful, that under such circumstances, there should have been a deep abhorrence for the perpetrators of this outrage upon humanity, and a general sympathy for the innocent captive?

But it was decreed that those feelings of honest indignation should be speedily supplanted by the warm outpouring of public gratitude and joy. While the feeling of the spectators was in this state of intense interest and excitement, the judge, stern and inflexible in his purposes, and the clan of greedy claimants ready to seize upon their prey, the sheriff produced his writ of certiorari and handed it to the court. It was instantly returned, and the judge who sat unmoved, by a scene to which he was not unaccustomed, and conceiving, perhaps, that his official dignity was impugned, persisted in his determination that the prisoner should be handed over to the claimant. The prudence and foresight of Thomas Shipley and his friends had provided, however, for this anticipated difficulty. Happily for the prisoner, he was yet embraced under the provision of that constitution, which secured to him the protection of a habeas corpus, and this threw around him a shield which his enemies could not penetrate. A writ of habeas corpus, signed by the chief justice of the State and demanding the body of the prisoner, before the Supreme Court at its next term, was now produced!

The astonished judge found himself completely foiled. He had exercised his authority to its utmost limit, in support of the claims of his slave-holding friends, and had given the influence of his station and character, to bolster up the "patriarchal institution;" but it was all in vain. Just as they supposed they had achieved a victory, they were obliged with fallen crests, to succumb to the dictates of a higher tribunal, and to see their victim conveyed beyond their reach in the safe keeping of the sheriff.

In the Third month, (March,) the case was brought up before the Supreme Court for final adjudication. In the meantime, Thomas Shipley adopted vigorous measures to have the facts collected and arranged. He procured the aid of an intelligent and humane friend of the cause, who resided near Trenton, to attend, personally to the case, and secured the legal services of Theodore Frelinghuysen, well known as one of the most gifted and virtuous statesmen of the age, and as a warm and zealous friend of the oppressed. Under these happy auspices, the case came before the Supreme Court, and gave rise to a highly interesting and important argument; in which the distinguished Frelinghuysen appeared as the disinterested advocate of the prisoner, and urged upon the court his claim to liberty, under the laws of New Jersey, in a speech which was one of his most brilliant and eloquent efforts, and added another to the many laurels which his genius and philanthropy have achieved.

The opinion of Chief Justice Hornblower was given at length, and is said to have displayed a soundness and extent of legal knowledge, with a spirit of mildness and humanity, well worthy of the highest judicial tribunal of New Jersey.

By this decision, Alexander Helmsley was declared to be a freeman, and returned with rejoicing into the bosom of his family, and to the enjoyment of the rights and privileges of a free citizen.

Thus terminated this interesting case, which for several months agitated the public mind of Burlington county, to an extent almost unequalled.

Such disinterested devotion to the defence of the rights of the oppressed, had it been displayed only in the instance recited, would be sufficient to enroll the name of Thomas Shipley on the list of the benefactors of his race; but when we consider that, for a period of twenty years, his history abounds in similar incidents, and that he uniformly stood forth as the unflinching advocate of the oppressed, regardless of the sacrifices which he was obliged to make on their behalf, we are disposed to view him as one of that noble band whose lives have been consecrated to deeds of charity and benevolence, and whose names will illumine the moral firmament, so long as virtue and truth shall command the homage of mankind.

Thomas Shipley was one of the founders of the American Anti-Slavery Society, and was an active agent in those stirring movements which soon aroused the nation to a full consideration of the enormities of Slavery. He was a prominent member of the Anti-slavery Convention, which assembled in this city in 1833, and a signer of their declaration of sentiments.

During the last few years of his life, he was more devotedly engaged in his abolition labors than at any previous period. It was his constant desire to diffuse the principles which had been so fearlessly proclaimed by the Convention, and to encourage the formation of Anti-slavery societies throughout the sphere of his influence. He was one of the most prominent members of the Philadelphia Anti-slavery Society, which was formed through much opposition, in 1835, and he steadily adhered to its meetings, notwithstanding the threats which were so loudly made by the enemies of public order.