Judge Walker Reid to Gov. William Owsley, September 2, 1848

Dear Sir, I have heard all the evidence against the negroes for the late outrage in Bracken county. And have instructed the Jury that all who were in company armed and ready to aid, at the time they fired upon their owners and other white men, who attempted to take them up, are guilty. You are an experienced Lawyer, and the act of [illegible] under which they are tried page 1287 of 2d Statutes says “If they shall Conspire to rebel & make Insurrection.” they are guilty of felony &c.

The agreement can seldom be proved, but I instructed the Jury might be persuaded from the circumstances of the unlawful assembly 42 in number with arms, guns, & pistols, and large? knives &c. and the firing upon their pursuers, and owners when requested to surrender.

If I said this was not the law then those opposed to our institutions of Slavery would seize upon our decision and say that the Judge and Jury had decided— “That it was lawful for any number of slaves even 42, in number, to congregate and arm themselves, with guns & pistols and fight their way from Lexington to a free state. & to fire upon their Owners or any white men who undertook to arrest them in a peaceable and proper manner.

And then those unfriendly to Slavery who think they are doing God Service by aiding & enticing them away would swarm through our State with Arms to furnish the poor deluded slaves they desired to obtain the service of in their own state. or if their more honest neighbors objected to such villainy, to sell such slaves to the negro traders as soon as they got them in their power.

This is not fancy but fact, that negroes have been persuaded away by men who pretended to act under the laws of humanity and Christianity and then sold for gain.

They have been aided away by white men, who received a reward from the negroes while in partnership with scoundrels who received another reward from the owners for taking them up.

And this is not fancy at the least but a fact I as much believe as I do any that ever was found in court.

You know that my district reaches from Virginia great Sandy River, to the mouth of Licking opposite the beautiful city of Cincinnati and that if the principles so utterly at war with slavery pervade my part of Kentucky it is upon its border in the region I have named. I will not degrade our neighbours by saying they are much worse than our citizens- In fact I dont like to discrimminate [sic]. we are all one people bound together by the same Constitution and we ought not to discriminate seeing that we have many on both sides of the river who disregard the right we claim in Slaves, & proclaim that “man cannot hold property in man.”

It is this principle that prevents the Jury from going into the guilt or innocence of the 7 prisoners now on trial. If the law was to punish them with stripes a verdict of guilty would have been rendered in ten minutes. But the Jury condemn the law and think it their duty to look into it. And with all the arguments to the contrary- You know they will have it as they think it ought to be, and not as it is. You know that a Judge hears a great many things, he ought not to hear, and which do not always pass by him as the [illegible] mind. Gentlemen around with court yard & at the [illegible] say aloud that we never can get a verdict of Guilty against these Slaves- I have the Jury confined beyond their poisonous influence But nonetheless I [illegible] to fear the truth of what is in the mouths of. So many pretended Philanthropists.

And now what of all this you will say: Why just this “that we are spending our money for that which is not bread, and our labour for that which satisfieth not.” And that if I remain here another week at such expense to the State and [illegible] owners the truth I just [illegible] out will be more apparent.

I set down to write in favour of Bill Griffin and Jasper two of the slaves on trial But convinced it invidious if not improper as a Judge I have therefore declined sayin anything except general as to all.

All are guilty in law, if found in company armed and ready to resist when the firing took place

But all are not equal in guilt & I did say to the Jury that they might discriminate and find one Guilty & all the rest not. or 2-3 or more Guilty or ? & the others not.

But I am not discriminate as I may have to try them again and again at the great expense of the State and their Owners.

May I not then hope that your Excellency will pardon the most innocent if not all and allow their masters to sell them out of the State?

Proper representations will be made to you by others I have done my duty and I will continue unless your own sense of propriety shall induce you to exercise your prerogative and leave me the trouble—save the great expense to the State, as well as the Owners and quiet the public mind.

With Considerations of high regard of you and your successor both for I can scarcely tell which this will be handed to I remain

Your Fellow Citizen

         Walker Reid

Saturday Sep. 2d 1848

Gov. Owsley

Or

Gov. Crittenden

P.S. I am mistaken—Harry Slaughter, Shadrach & Presley are returned guilty—Jack Clay, Bill Griffin, Jasper  and A? Not guilty. But there is a second ? For shooting with intent to kill must I try em.