1

in the house of Joseph C. Miller of West-Nottingham, Chester County, by Thomas McCreary of Elkton, Maryland. Mr. Miller pursued the kidnapper and found the girl at Baltimore, and brought a charge of kidnapping against McCreary. But before the matter was decided Mr. Miller was decoyed away and murdered! The man-hunter was set free and the girl kept as a slave, but after long confinement in jail was at last pronounced free — not by the Pennsylvania "judge" but by a Baltimore Jury!1

(3.) The same year occurred the Christiana Tragedy. Here are the facts.

In Virginia a general law confers a reward of $100 on any man who shall bring back to Virginia a slave that has escaped into another State, and gives him also ten cents for each mile of travel in the chase after a man. Accordingly, beside the officers of the fugitive slave bill courts commissioned for that purpose, there is a body of professional Slave-hunters, who prowl about the borders of Pennsylvania and entrap their prey. In September, 1850, "a colored man, known in the neighborhood around Christiana to be free, was seized and carried away by professional kidnappers, and never afterwards seen by his family." In March, 1851, in the same neighborhood, under the roof of his employer, during the night, another colored man was tied, gagged, and carried away, "marking the road along which he was dragged by his own blood." He was never afterwards heard from. "These and many other acts of a similar kind had so alarmed the neighborhood, that the very name of Kidnapper was sufficient to create a panic.""

"On the 11th of September, Edward Gorsuch, of Maryland, his son, Dickerson Gorsuch, with a party of friends, and a United States officer named Kline, who bore the warrant of Commissioner Ingraham, made their appearance in a neighborhood near Christiana, Lancaster County, Pennsylvania, in pursuit of a Slave. They lay in wait for their prey near the house of William Parker, a colored man. When discovered and challenged, they approached the house, and Gorsuch demanded his Slave. It was denied that he was there. High words ensued, and two shots were fired by the assailants at the house. The alarm was then given by blowing a horn, and the neighborhood roused. A party of colored men, from thirty to fifty strong, most of them armed in some way, were before long on the ground. Castner Hanway and Elijah Lewis, both ́white men and Friends, rode up before the engagement began and endeavored to prevent bloodshed by persuading both parties to disperse peaceably. Kline, the Deputy Marshal, ordered them to join the posse, which they, of course, refused to do, but urged upon him the necessity of withdrawing his men for their own safety. This he finally did, as far as he personally was concerned, when satisfied that there was actual danger of bloody resistance. Gorsuch, however, and his party persisted in their attempt, and he and two of his party fired on the colored men, who returned the fire with deadly

1 20 Anti-Slavery Report, 28 and 21; Ibid. 34.

2 History of the Trial of Castner Hanway and others for Treason (Philadelphia, 1852), 35.

effect. Gorsuch was killed on the spot, his son severely, though not mortally, wounded, and the rest of the party put to flight. The dead and wounded were cared for by the neighbors, mostly Friends and Abolitionists. The Slave, for the capture of whom this enterprise was undertaken, made his escape and reached a land of safety.

Judge Grier denounced the act from the Bench as one of Treason. A party of marines were ordered to the ground to keep the peace after the battle had been fought and won. United States Marshal Roberts, Commissioner Ingraham, United States District Attorney Ashmead, with a strong body of police, accompanied them, and kept the seat of war under a kind of martial law for several days. The country was scoured, houses ransacked, and about thirty arrests made. Among those arrested were Castner Hanway and Elijah Lewis, whose only crime had been endeavoring to prevent the effusion of blood. The prisoners were brought to Philadelphia, examined before a Commissioner, and committed on a charge of High Treason. At the next term of the District Court, under a charge from Judge Kane, the Grand-Jury found indictments against all of them for this crime.” 1

Mr. Hanway was brought to trial—for his life, charged with "treason." It appears that this was his overt act.. He was a Quaker, an anti-slavery Quaker, and a "non-resistant;" when he heard of the attack on the colored people, he rode on a sorrel horse to the spot, in his shirt-sleeves, with a broad felt hat on; he advised the colored men not to fire, "For God's sake don't fire;" but when Deputy Marshal Kline ordered him to assist in the kidnapping, he refused and would have nothing to do with it. Some of the colored people fired, and with such effect on the Kidnappers as I have just now shown. It appeared also that Mr. Hanway had said the fugitive slave bill was unconstitutional, and that he would never aid in kidnapping a man — words which I suppose this Honorable Court will consider as a constructive "misdemeanor;" "obstructing an officer."

-

For this "offence" his case was presented to the grand-jury of the Circuit Court the 29th of September, 1851. Judge Kane charged the jury laying down the law of treason. Mr. Hanway was indicted for "wickedly devising and intending the peace and tranquillity of the... United States to disturb;" and that he "wickedly and traitorously did intend to levy war against the said United States." And also that he "with force and arms, maliciously and traitorously did prepare and compose and . . . and cause and procure to be prepared and composed, divers books, pamphlets, letters, and declarations, resolutions, addresses, papers, and writings, and did . . . maliciously and traitorously publish and disperse . . . divers other books. . . containing incitement, encouragement, and exhortations, to move, induce, and persuade persons held to service in any of the United States. . . who had escaped . . . to resist, oppose, and prevent, by

- 120 Anti-Slavery Report, pp. 30, 31.

...

violence and intimidation, the execution of the said laws, [that is the law for kidnapping their own persons]."

He was brought to trial at Philadelphia, November 24th 1851, before Honorable Judges Kane and Grier, then and subsequently so eminent for their zeal in perverting law and doing judicial iniquity. Gentlemen of the Jury—it is no slander to say this. It is their great glory that in the cause of Slavery they have struck at the first principles of American Democracy, and set at nought the Christian Religion. It is only their panegyric which I pronounce.

On behalf of the government there appeared six persons as prosecuting officers. One United States Senator from Pennsylvania (Mr. Cooper), the Attorney-General of Maryland, the District Attorney of Pennsylvania, the Recorder of the City of Philadelphia, and two members of her bar.1 For Mr. Webster, then Secretary of State, was highly desirous that Maryland should send her Attorney-General, Hon. Mr. Brent, to help the government of the United States prosecute a Quaker miller, a Non-resistant, for the crime of treason. Hon. James Cooper, the Pennsylvania Senator, also appeared on behalf of Maryland, seeking to convict one of his own constituents! Gentlemen, such conduct carries us back to the time of the Stuarts; but despotism is always the same. It was very proper that the United States government should thus outrage the common decencies of judicial process.

This question amongst others was put to each juror:

"Have you formed an opinion that the law of the United States, known as the Fugitive Slave Law of 1850, is unconstitutional, so that you cannot for that reason convict a person indicted for a forcible resistance thereto, if the facts alleged in the indictment are proved and the court hold the statute to be constitutional ? "

Thus all persons were excluded from the jury who believed this wicked bill a violation of the constitution; and one most important means of the prisoner's legitimate defence was purposely swept away by the court.

Now look at the law as laid down by the government.

Mr. Ashmead, the government's Attorney, said when the Constitution was adopted "Men had not then become wiser than the laws [the laws of England and colonial laws which they were born under and broke away from]; nor had they learned to measure the plain and unambiguous letter of the Constitution by an artificial standard of their own creation [that is the Self-evident Truth that all men have a natural and unalienable Right to Life, Liberty, and the Pur

suit of Happiness]; to obey or disregard it acccording as it came up to or fell beneath it [as the law was just or unjust]."

"You will receive the law from the court." "You are bound by the instructions which the court may give in respect to it;" "it is in no sense true that you are judges of the law." "You must take the interpretation which the court puts upon it. You have a right to apply the law to the facts, but you have no right to go further."

"The crime charged against this defendant is . . . that of levying war against the United States. The phrase levying war was long before the adoption of the Constitution, a phrase . . . embracing such a forcible resistance to the laws as that charged against this defendant [that is, speaking against the fugitive slave bill and refusing to kidnap a man is "levying war against the United States]!"

It is treason "if the intention is by force to prevent the execution of any one of the general laws of the United States, or to resist the exercise of any legitimate authority of the government."

...

"Levying war embraces . . . any combination forcibly to prevent or oppose the execution. . . of a public statute, if accompanied or followed by an act of forcible opposition." Of course the court is to determine the meaning of force; and using the same latitude of construction as in interpreting levying war, it would mean, a word, a look, a thought, a wish, a fancy even.

Mr. Ludlow enforced the same opinions, relying in part on the old tyrannical decisions of the British courts in the ages of despotism, and on the opinion of Judge Chase-who had derived his law of treason from that source, and was impeached before the American Senate for his oppressive conduct while judge in the very trials whence these iniquitous doctrines were derived! But Mr. Ludlow says "if a spurious doctrine have been introduced into the common law ・・・ it would require great hardihood in a judge to reject it." So the jury must accept "a spurious doctrine" as genuine law!

"In treason, all the participes criminis are principals; there are no accessaries to this crime. Every act which . . . would render a man an accessary will . . . make him a principal.” "If any man joins and acts with an assembly of people, his intent is always to be considered . . . the same as theirs; the law. · judgeth of the intent by the Fact." This was Judge Kelyng's "law."

...

“It may be . . . advanced that because Hanway was not armed, he was not guilty. It is perfectly well settled that arms are not necessary."." Military weapons

war."

are not necessary

to a levying "This is the opinion of Judge Chase," and "it may be alleged that Judge Chase was impeached, and that [therefore] his opinions. are of little weight. Whatever may have been the grounds of that impeachment, it is not for us to discuss."

"If a body of men be assembled for the purpose of effecting a treasonable object [that is, 'to oppose the execution of a public statute,' no matter what or how] all those who perform any part, however minute, or however remote from the scene of action . . . are equally traitors."

Mr. Brent, the Maryland State Attorney, whom Mr. Webster had sent there, declared that "any combination like this, of colored and white persons, to prevent the execution of the Fugitive Slave Law, is treason."

Mr. Cooper, the Pennsylvania Senator, adds, " Castner Hanway having been present . . . at the time the overt act was committed, he is a principal... provided he was there aiding and abetting the objects of the confederated parties." "Persons procuring, contriving, or consenting, come within the words aid and abet." So "if he encourages, assists, or consents to the act, it is enough; he becomes at once an aider and abettor, and obnoxious to all the pains and penalties denounced against it." "If persons do assemble themselves and act with some force in opposition to some law'. . . and hope thereby to get it repealed, this is a levying war and high treason." That is, an assembly of men acting against any law, with any force of argument, in order to procure its repeal, levies war and is guilty of treason!

To connect Mr. Hanway with this constructive treason, the government relied on the evidence of Mr. Kline, the Deputy Marshal of the court, a man like Mr. Butman and Mr. Patrick Riley, so well known in this court, and so conspicuous for courage and general elevation of character. Witnesses testified that Kline was so much addicted to falsehood that they would not believe him on oath,- but what of that? He had "conquered his prejudices." It appeared that Mr. Hanway went to the scene of action on a sorrel horse, in his shirtsleeves, with a felt hat on, and did not join the Deputy in attempting to kidnap when commanded. Hear how Mr. Ludlow constructs levying war out of the disobedience of a non-resistant Quaker in a felt hat and shirt-sleeves, mounted on a sorrel horse! Hearken to this voice of the government:

"Suddenly he sees the assembled band of infuriated men . . . Does he leave the spot? No, Sir! Does he restrain the negroes? Take the evidence for the defence in its fullest latitude, and you will perceive he raised the feeble cry, 'Don't shoot! for God's sake don't shoot!' and there it ended. Is that consistent with innocence? ... according to their own evidence the conclusion is irresistible that he was not innocent."

"But he does more than this." When summoned by the Deputy to steal a man "he is thrown off his guard, and exclaims, 'I will not assist you;' 'he allowed the colored people had a right to defend