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.