The southern press., 1851-12-16
PunIshment Of the ChristIana Rioters.

Punishment Of the Christiana Rioters.
From the commencement of the prosecution
OF the Christiana rioters, and in fact shortly
after the occurrence of the outrage, we predicted
the result. When the treason humbug was got
up we reiterated the declaration, for it was too
plain and palpablc screen for the offenders to
be misunderstood.
BY telegraph we received the tidngs of JUDGE
GRIER's decision, the material points of which
we repubsh below. The Pennsylvania makes
the following brief reference to the subject
The last sentence we have italicsed:-
Close OF THE TREASON TRIAL-The trea-
son trial that has occupied the circuit court of
the United States of this district for the last
two weeks or more, was yesterday brought TO
a conclusion, the prisoner, Cashier Hanway, be-
ing acquitted This result has been expected
/ since the commencement Of the trial, as the
evidence appears to be insufficient to make a
case of treason. Judge Grier, in his charge to
1 the jury, gave clear and forcible explanation
Of the law lie said, that although the transac-
ton with which the prisoner was connected did
not rise to the dignity of treason or a levying
of war; the case was one OF aggravated riot
and murder, wantonly committed after all at
tempts to execute the legal process had been
abandoned, and that the guilty participators
merit and should receive at the hands of the
State courts condign punishment. The pun.
ishment Of The rioters AMI murderers no,o rests
10Th The Slate authorities
| What that punishment will be, the whole
history and proceedings in Pennsylvania and
the proofs of popular feeling there abundantly
prove. .s.@- "..
These extracts from Judge GRIER's charge
show the grounds of mis- decision:-
The resistance of the execution of law of
| the United States, accompanied with any degree
of force, if for pripate purpose, is not treason
70 constitute that offence, the bect Of the re-
sistance must be Of a public and general ma
ture. -. :.....
The Jury will observe that the " levying OF
war" against the United States is not necessa
rily to be judged of alone by the number or
array of troops. But there must be a conspira
cy to resist by force, and an actual resistance by
force of arms, or intmaton by numbers. This
conspiracy and the instruction connected with
it must be, to effect something Of public ma
lure, to overthrow the government, or to nullify
some law of the United States, and totally to
hinder its execution, or compel its repeal.
A band of smugglers may be said to set the
laws at defiance and to have conspired together
for that purpose, and to resist, by armed force,
the execution of the revenue in which numbers
may be slain on both sides, and yet they will
not be guilty of treason, because il is not an in.
surrection of public nature, but merely for
private lucre or advantage.
i A whole neighborhood of debtors may con.
spire together to resist the sheriff and his officers
| in executing process on their property-they
may perpetrate their resistance by force of arms ;
may kill the officer and his assistants-and vet
they will be liable only as felons and not as
| traitors The Instruction is Of a private, not
of public nature; their object is to hinder or
. remedy private not public grievance.
A number of fugitive slaves may invest
neighborhood and may be encouraged to the
neighbors in combining to resist the capture Of
any of their numb,r, they may resist with force
and arms their master or the public officer, who
may come to arrest them; they may murder
and rob them they are guilty of felony and
liable to punishment, but not as traitors. Their
insurrection is for private object aud connected
with no public purpose.
Ii is true that constructively they may be
said to resist the execution Of the fugitive slave
! laws but in no other sense the smugglers resist
the revenue laws and the anti.ren ers the execu
ton laws. Their instruction, their violence,
however great their numbers may be, So loag
as it is merely to attain some personal or pri-
yate end Of their own, cannot be callen leUyiR9
trar. Alexander the Great may be elias led with
robbers BY moralis,s, but still the political dis
tinction will remain between war and robbery
One is public aud national, the other private and
personal.
Without desiring TO invade the prorogatves
Of the Jury in judging the facts Of this case the
court feels bound to say, that they do not think
the transaction with which the prisoner is
charged with being come cted rises 10 the dig.
nifty Of treason or a levying Of war. Not be-
cause the numbers Of force was insufficient
But, first, for want of any proof Of previous
conspiracy 10 make II general and public resist
dnce 10 any lao OF the United States.
Secondly, there IL no evidence that any per-
son concerned in the transaction knew there
were such acts Of Congress as those which they
are charged with conspiring 10 resist by force
and arms, or had any other intention than "a
protect one another from what they termed kid
nappcrs. (By which slang term they probably
included not only actual kidnappers, but all mas.
ters and owners seeking 10 recapiure their
slaves, and the officers and agents assisting
therein)
The testimony OF the prosecution shows that
not ce had been given that certain fngitiyes e-e
pursued, the riot, instruction, tumult, or what
ever you may call il, was but a sudden "c0neid
malta" or running together. 10 prevent the cap
ture Of certain OF their friends or companions, ~
TO rescue them IL arrested. Previous TO this
transaction, 80 far ~ we are informed, no at
tempt had been made 20 arrest fugitives in the
neighborhood. under the new act Of Congress
by public officer. Heretofore arrests had been
made, not by the owner in person cf his agen
properly Authorized, or 10y an officer Of the law
individuals without any authority, but incit
I'd by cupidiiy, and the hope Of obtaining ih'
reward offered for the return Of fugitive had
her. tofore undertaken to seize them by fore
aud violence, TO invade the sanciity Of prvst
dwellings at night and insult the feelings and
prejudices Of The people. Il is not to be wonder
ed that people, subject TO such nro' de, s. oul,
consider odous the perpetrators Of such deed
and denominate them kidnappers-and that ID,
subjects Of this treatment should have been en-
| Il l.. r..