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." 66 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 . . . are not necessary . . . to a levying war." "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 " 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: Does he leave the "Suddenly he sees the assembled band of infuriated men 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 REV. DR. WADSWORTH'S THANKSGIVING SERMON. 139 themselves.' He did not care for that Act of Congress or any other Act of Congress."" And so with his unsaddled sorrel nag this non-resistant miller levies war upon the United States by crying "Don't fire," and commits treason by the force and arms of a broad-brimmed Quaker hat. "The smallest amount of force is sufficient," "military weapons are not necessary to levy war!" Mr. Brent thought if Mr. Hanway was not hanged it would appear that a "small and miserable and traitorous faction can resist and annul the laws of the United States." "Put down these factions [the Free-Soil Party, the Liberty Party, the Anti-Slavery Societies], overwhelm them with shame, disgrace, and ruin, or you are not good citizens fulfilling the bonds that bind you to us of the South." The government Attorney declared that Mr. Hanway and others 66 "Had no right to refuse to assist because it was repugnant to their consciences. Conscience! Conscience . . . is the pretended justification for an American citizen to refuse to execute a law of his country." Damnable, treasonable doctrine." "He has become a conspirator, he has connected himself with them, and all their acts are his acts, and all their intentions are his intentions." "The whole neighborhood was not only disloyal, but wanting in common humanity:" "the whole region is infected," "in that horde of traitors;" "a whole county, a whole township, a whole neighborhood are involved in plotting treason." "When you see these things can you not infer that he went there by pre-arrangement!" ... "When you see a man . not saying one word to save his dear colored friends from the guilt of murder, I say it is passing human credulity to say that you cannot infer in all that a feeling of hostility to the law, and an intention to resist it." "The consequences [of the verdict] are not with the jury:" the responsibility will not be with you you are not responsible for those just consequences." "When you allege that a master has come into Pennsylvania and illegally seized and possessed himself of his slave without process, you are to inquire, 'Has he done that which he had authority to do in his own State?' You are to look to the laws of his own State; for the Supreme Court says, 'He has the same right to repossess his slave here as in his own State."" "He who employs a man said to have come from Maryland without being satisfied of his freedom, is himself guilty of the first wrong." Senator Cooper closed for the government. Law was not enough for him; he would have the sanction of " Religion" also. So he read extract from a Sermon. Gentlemen of the Jury, you have not had the benefit of Rev. Dr. Adams's prayers in this court; it is a pity you should not be blessed with the theology of despotism; listen therefore to the "Thanksgiving Sermon" of Rev. Dr. Wadsworth, which Hon. Mr. Cooper read to the Jury in Independence Hall. "For passing by all other causes of irritation as just now secondary and subordinate, look for a moment, at the influence which the Gospel of Christ would have in this great sectional controversy about slavery. 1 16 Peters, Prigg v. Penn. "First, It would say to the Northern fanatic, who vapors about man-stealing as if there were no other evil under the sun but this one evil of Slavery—it would say to him, Emulate the spirit of your blessed Master and his apostles, who, against this very evil [man-stealing] in their own times, brought no railing accusation; but in one instance at least, sent back a fugitive from the household of Philemon. "In treating Southern Christian slaveholders with Christian courtesy, and sending back their fugitives when apprehended among you, you neither indorse the system nor partake of its evil; you are only performing in good faith the agreement, and redeeming the pledges of your forefathers, and leaving to each man for himself to answer for his own acts at the judgment-seat of Jesus. It would tear away from the man, as the foulest cloak of hypocrisy, that pretence of a religious principle in this whole matter of political abolitionism. "Religious principle! Oh my God! That religious principle, that for the sake of an abstract right whose very exercise were disastrous to the unprepared bondmen who inherit it, would tear this blest confederacy in pieces, and deluge these smiling plains in fraternal blood, and barter the loftiest freedom that the world ever saw, for the armed despotism of a great civil warfare! That religious principle which, in disaster to man's last great experiment, would fling the whole race back into the gloom of an older barbarism — rearing out of the ruin of these free homes, the thrones of a more adamantine despotism - freedom's beacons all extinguished, and the whole race slaves. That religious principle through which, losing sight of God's great purpose of evangelizing the nations, [by American Slavery,] would shatter the mightiest wheel in the mechanism of salvation, and palsy the wing of God's preaching angel in its flight through the skies. "Alas-alas! ye that count as little this bond of blessed brotherhood, wrought by our fathers' mighty hands and bleeding hearts- we tell you, sorrowing and in tears, that your pretence is foul hypocrisy. Ye have reversed the first precept of the gospel, for your wisdom is a dove's, and your harmlessness a serpent's. Ye have not the first principle within you either of religion or philanthropy, or common human benevolence. Your principle is the principle of Judas Iscariot, and with the doom of the traitor ye shall go to your own place." "No, Sir-no, Sir," concludes the Senator thirsting for his constituent's blood, "There is no gospel in all this treasonable fanaticism for treason to my country is rebellion to my God." Judge Grier charged the Jury;- but as he struck out from the phonographer's report-of which the proof-sheets were sent to him— the most offensive portion, Gentlemen of the Jury, I shall not be able to enlighten you with all the legal words of this "consummate judge.” So be content with the following Elegant Extracts. "With the exception of a few individuals of perverted intellect in some small districts or neighborhoods whose moral atmosphere has been tainted and poisoned by male and female vagrant lecturers and conventions, no party in politics, no sect of religion, or any respectable numbers or character can be found within our borders, who have viewed with approbation or have looked with any other than feelings of abhorrence upon this disgraceful tragedy.”. "It is not in this Hall of Independence that meetings of infuriated fanatics and unprincipled demagogues have been held to counsel a bloody resistance to the laws of the land. It is not in this city that conventions are held denouncing the Constitution, the Laws, and the Bible. It is not here that the pulpit has been desecrated by seditious exhortations, teaching that theft [a man stealing his own limbs and person from his 'lawful owner'] is meritorious, murder [in self-defence killing a man-stealer] excusable, and treason [opposition to the fugitive slave bill] a virtue! "The guilt of this foul murder [the shooting of a kidnapper by the men whom he intended for his victims, and whose premises he invaded without due process of law, and with armed force], rests not alone on the deluded individuals who were its immediate perpetrators, but the blood taints with even deeper dye the skirts of those who promulgated doctrines subversive of all morality and all government, [that is, of Slavery and the fugitive slave bill]." "This murderous tragedy is but the necessary development of principles and the natural fruit from seed sown by others whom the arm of the law cannot reach," [such as the Authors of the Declaration of Independence, and still more the Author of the "Sermon on the Mount]." ... "This [the slave clause of the Constitution] is the Supreme law of the land, binding. on the conscience and conduct of every individual citizen of the United States." “The shout of disapprobation with which this [the fugitive slave bill] has been received by some, has been caused... because it is an act which can be executed. the real objection . . is to the Constitution itself, which is supposed to be void in this particular, from the effect of some 'higher law.' It is true that the number of persons whose consciences affect to be governed by such a law [that is the law of Natural Morality and Religion], is very small. But there is a much larger number who take up opinions on trust, — and have concluded this must be a very pernicious and unjust enactment, for no other reason than because the others shout their disapprobation with such violence and vituperation.” "This law is Constitutional." "The question of its Constitutionality is to be settled by the Courts, [fugitive slave bill courts,] and not by conventions either of laymen or ecclesiastics." "We are as much bound to support this law as any other." "The jury should regard the construction of the Constitution as given them by the court as to what is the true meaning of the words levying war.” "In treason all are principals, and a man may be guilty of aiding and abetting, though not present.” He spoke of those "associations, or conventions, which occasionally or annually infest the neighboring village of West-Chester, for the purpose of railing at and resisting the Constitution and laws of the land [that is the fugitive slave bill and other laws which annihilate a man's unalienable right to his liberty], and denouncing those who execute them as no better than a Scroggs or a Jeffries;- who stimulate and exhort poor negroes to the perpetration of offences which they know must bring them to the penitentiary or the gallows." But he thought refusing to aid the deputy marshal in kidnapping was not an act of levying war, or treason against the United States. "In so doing he is not acting the part of an honest, loyal citizen [who ought to do any wickedness which a bum-bailiff commands]; he may be liable to be punished for a misdemeanor for his refusal to interfere.” But he thought the government was right "in procuring an indictment for Treason." For "meetings had been held in many places in the North, denouncing the law, and |