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peaceable citizens of the state of Maryland, afterwards, to wit, on the day and year aforesaid, at Washington county, aforesaid, unlawfully, wickedly, and maliciously, intended, and devised to stir up, provoke, instigate, and incite, divers other slaves, actually to raise insurrection and rebellion in this state, for the disturbance of the peace of the said state, and to the great terror, peril, and disturbance of the quiet and peaceable citizens thereof, and that the said Jacob Gruber, in prosecution of his said wicked intentions and purpose, and for the effecting and accomplishing thereof, on the said sixteenth day of August, in the year aforesaid, with force and arms, at the county aforesaid, unlawfully, wickedly, and maliciously, did endeavour to stir up, provoke, instigate, and incite, a great number of the said last mentioned slaves, whose names to the jurors aforesaid, are, as yet unknown, inhabiting in the county aforesaid, actually to raise insurrection and rebellion in this state, in contempt, and in open violation of the laws, good order, and government of the said state, to the evil and pernicious example of all others, in like case offending, and against the peace, government, and dignity of the state.

FRANKLIN ANDERSON,
District Attorney of the Fifth
Judicial District.

True copy,

O. H. WILLIAMS, CI’k.

MR. ANDERSON, in addressing the jury, in his opening of the case, observed, that it was well known that slaves was property according to our laws, and that masters were entitled to protection, and any attempt to incite slaves to insubordination and resistance to the lawful commands of their mas‣ ters ought to be punished. But in the prosecution of our enquiry on this occasion, gentlemen, we must not forget that liberty of opinion and speech is the privilege of every citizen; and if Mr. Gruber had no criminal intent in his sermon, he has committed no offence. It is your duty and your province to judge of the intent from the facts that will be disclosed.

Dr. Frederick Dorsey being sworn on the part of the prosecution, was examined by the Attorney General.

Question. Did you hear Mr. Gruber's sermon at the Camp-meeting, in Washington county? please to inform the jury what Mr. Gruber said, to the best of your memory.

Answer. I was at the Camp-meeting, and heard the sermon. Mr. Gruber spoke on many subjects. Of the tyranny of masters, and gave a dialogue of what was to pass in hell between masters and slaves upon hot grid-irons. Drew a comparison between Pennsylvania and Maryland. That the people in the former state were surprised to see in the Maryland newspapers, advertisements of negroes for sale, with stock and lands. Negroes sold for life, without fault, none need apply without cash, the price of a soul.

He said, in looking further on in the same newspaper, we often find another advertisement-two hundred dollars reward-one hundred dollars rewardfifty dollars reward, for a negro run away. A man gone to see his wife, or wife gone to see her husband. Fear of punishment on their return, perhaps, keep them from home. He said, he should not be surprised if they were to poison your children, and all go to damnation together; to which there was a general response of Amen! Amen! He said, it was true some slaves had good masters, but what security have fathers that children will use them well? May not the slaves you leave as property, rise against your children? And addressing the slaves, he said, what security have you that your children will not tyrannize over them, and the slaves poison your children? Masters had no right to punish. Negroes were free, -they were born free. He quoted the declaration of independence, by which which the people in this country had declared all men to be equal, and entitled to life, liberty, and the pursuit of happiness. He said, the husband had no right to punish his wife, neither has a master any right to punish his slave. I was disgusted and went off.*

Cross examined by Mr. Pigman.

Q. What part of the discourse was addressed, to the negroes?

A. A considerable part of it.

* This appears strange, but it is nearly verbatim with the testimony, as delivered.

Q. What were the number of whites at the meeting?

A. About three thousand whites, and from three to five hundred blacks.

Q. What was the manner of Mr. Gruber?

A.

He preached with energy and zeal.

Q. What was the text of Mr. Gruber?

A. I do not recollect the text, but he preached the necessity of repentance to the blacks as well as the whites.

David G. Yost, Esq. was next examined by the Attorney General, on the part of the state.

Q. Were you at the Camp-meeting in Washington county? Did you hear Mr. Gruber's sermon? How many persons were present, and what was the general scope of his sermon?

A. I was at the meeting and heard the sermon. His text was in Proverbs, "Righteousness exalteth a nation, but sin is a reproach to any people." He said in that part of his discourse relating to slavery, as a national sin, that he was opposed to slavery as a man, and much more as a christian. He said, it was a reproach to the people of America to boast of their liberty while they held thousands in bondage. That there was a great inconsistency in holding the declaration of independence in one hand and a bloody whip in the other, and the blood streaming from a negro's back, literally cut to pieces. He spoke of advertisements in the Maryland papers, mixing negroes for sale with stock, land, &c. and offering a reward for men, who, perhaps, from inhurnan treatment had

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gone to see wife and children. He then addressed the blacks, and exhorted them to emancipate themselves from the service of the devil, and warned them if they and their masters lived and died in sin they would all go to hell together. Then he addressed the whites. You say you use them well. Granted. But how do you know your children, to whom you leave them, will use them well. They may tyrannize over them, and the slaves may rise up and poison, or cut the throats, of your children. In his address to the negroes, he particularly exhorted them to get religion and seek the pardon of God for their sins, and be happy.

Dr. Hammond, a witness for the state, was examined by the Attorney General.

Q. Did you hear the sermon in question, delivered by Mr. Gruber?

A. I did hear it. He spoke in part of it of advertisements in the Maryland newspapers, in which men were offered for sale with cattle. Negroes were offered for sale without any fault. None need apply without cash. He said, the cruelty of some masters were such, that he should not be surprised if the slaves would enter their bed-rooms in the dead of night and poison them, or cut their throats. He seemed to speak in a great passion. A person could hear him half a mile distinctly. He said, negroes were sometimes whipt for trifling faults. That they could not serve God and man. The part of his sermon addressed to the blacks occupied ten or fifteen minutes.

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