it would lead to South Carolina seceding from the Union and the beginning of the Civil War.
The fact that the Constitution and a personâs constitutional rights were meaningless to Hayne and those in power like him is a key issue throughout the entire ordeal regarding the incidents at Six Mile House. From the very beginning until the absolute end of this case, one will soon learn that the United States Constitution and its amendments have very little to do with colonial justice in a Charleston courtroom. It is a lesson Attorney John Davis Heath will soon learn at the Fishersâ expense.
Robert Hayne had just obtained a conviction in the Gadsden murder case, and Martin Toohey was already scheduled to face the hangmanâs noose the following day, May 28. Many citizens flocked to the courthouse to hear this eloquent speaker and to witness the fate of John and Lavinia Fisher.
The deck now seems to be stacked against the Fishers. They knew of the reputation of Robert Hayne and the conviction of Martin Toohey. They also knew what Tooheyâs fate was destined to be the following day. Heath did his best, but in the end John and Lavinia were found guilty for the crimes against David Ross. So was William Heyward in his absence. They were charged for the crimes of assault with intent to murder and common assault. They were sent back to jail to await sentencing. Remember, these facts as they will be very important in what happens later.
Less than a week later, on June 2, 1819, John and Lavinia were brought before Judge Charles Jones Colcock for sentencing. As Judge Colcock listened, John Davis Heath presented notice that a motion for a new trial would be made at the constitutional court. The constitutional court was simply a forerunner of the current court of appeals. Judge Colcock made no objections. The constitutional court would not meet again until January, so for now the Fishers were returned to the horrors of the Jail.
In the meantime, William Heyward had managed to find his way to Columbia, South Carolina. Having failed to appear at his May hearing, he was now considered a fugitive. On July 3, 1819, the Charleston Courier reprinted an article from the Columbia Telescope reporting on Heywardâs capture.
Heyward, also known as Howard in this instance, was recognized and identified by a gentleman as he stayed at a hotel in Columbia. He was arrested and detained there until he could be brought back to Charleston to stand trial.
The Columbia State Gazette added that Heyward had with him a male and a female, both slaves. The male slave said he had been stolen by Heyward while in Charleston but had difficulty in pronouncing his masterâs name due to his African dialect. Since no one could interpret the name, no victim could be found and no one could prove that they were not Heywardâs slaves.
Upon his arrival back to Charleston, Heyward wrote a letter to the City Gazette . In this letter he sought to separate himself from the Fishers. He also expounded on how he did not want to be tried with the others and used this as an excuse as to why he had not returned for trial. He also insisted that he was the one requesting to be brought back to Charleston. Most of this seems to be excuses, but what is significant is a brief excerpt regarding Fisher himself. In an effort to distance himself from John Fisher, Heyward states, âAs to Fisher having any farther correspondence with me than dealing in my store, I deny; but as a stranger, what he bought he paid for.â Once again, here is indication that Heyward was the keeper of Five Mile House and that he knew Fisher as an occasional customer, not an inhabitant of Five Mile. Since business was common among the inns, this is another illustration of the separation of Heyward and Fisher as proprietors and the inns they ran.
From a total of twelve members attributed to the gang, the list had been whittled down and now there were three left facing charges. They were
The fact that the Constitution and a personâs constitutional rights were meaningless to Hayne and those in power like him is a key issue throughout the entire ordeal regarding the incidents at Six Mile House. From the very beginning until the absolute end of this case, one will soon learn that the United States Constitution and its amendments have very little to do with colonial justice in a Charleston courtroom. It is a lesson Attorney John Davis Heath will soon learn at the Fishersâ expense.
Robert Hayne had just obtained a conviction in the Gadsden murder case, and Martin Toohey was already scheduled to face the hangmanâs noose the following day, May 28. Many citizens flocked to the courthouse to hear this eloquent speaker and to witness the fate of John and Lavinia Fisher.
The deck now seems to be stacked against the Fishers. They knew of the reputation of Robert Hayne and the conviction of Martin Toohey. They also knew what Tooheyâs fate was destined to be the following day. Heath did his best, but in the end John and Lavinia were found guilty for the crimes against David Ross. So was William Heyward in his absence. They were charged for the crimes of assault with intent to murder and common assault. They were sent back to jail to await sentencing. Remember, these facts as they will be very important in what happens later.
Less than a week later, on June 2, 1819, John and Lavinia were brought before Judge Charles Jones Colcock for sentencing. As Judge Colcock listened, John Davis Heath presented notice that a motion for a new trial would be made at the constitutional court. The constitutional court was simply a forerunner of the current court of appeals. Judge Colcock made no objections. The constitutional court would not meet again until January, so for now the Fishers were returned to the horrors of the Jail.
In the meantime, William Heyward had managed to find his way to Columbia, South Carolina. Having failed to appear at his May hearing, he was now considered a fugitive. On July 3, 1819, the Charleston Courier reprinted an article from the Columbia Telescope reporting on Heywardâs capture.
Heyward, also known as Howard in this instance, was recognized and identified by a gentleman as he stayed at a hotel in Columbia. He was arrested and detained there until he could be brought back to Charleston to stand trial.
The Columbia State Gazette added that Heyward had with him a male and a female, both slaves. The male slave said he had been stolen by Heyward while in Charleston but had difficulty in pronouncing his masterâs name due to his African dialect. Since no one could interpret the name, no victim could be found and no one could prove that they were not Heywardâs slaves.
Upon his arrival back to Charleston, Heyward wrote a letter to the City Gazette . In this letter he sought to separate himself from the Fishers. He also expounded on how he did not want to be tried with the others and used this as an excuse as to why he had not returned for trial. He also insisted that he was the one requesting to be brought back to Charleston. Most of this seems to be excuses, but what is significant is a brief excerpt regarding Fisher himself. In an effort to distance himself from John Fisher, Heyward states, âAs to Fisher having any farther correspondence with me than dealing in my store, I deny; but as a stranger, what he bought he paid for.â Once again, here is indication that Heyward was the keeper of Five Mile House and that he knew Fisher as an occasional customer, not an inhabitant of Five Mile. Since business was common among the inns, this is another illustration of the separation of Heyward and Fisher as proprietors and the inns they ran.
From a total of twelve members attributed to the gang, the list had been whittled down and now there were three left facing charges. They were
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