The New York herald., 1851-11-29
TE TREASON TMMs AT PHILADELPHIA.
Opening for the GsvernmenG.
United States Circ uit Court.
THIRD DAY.

United Stateb CIEc mt COURT
THIRD DAY.
our SPECIAL coRREsP oNDENcR.
PHILADELPHIA, Nov. q, 1851.
MR.. AsHNEAp's OPENING ADDRESS TO THE JURY.
The Court met At ten o'clock. The jurors oath
was administered to the twelfth jurymsn, Mr. Cow
den. He had previously been sworn merely to gise
true answers on his examination to test his fitness
to act as juryman in the case.
John w. Ashmead, Esq, United States District
Attorney, opened the case, on the part Of the 60
vernmsnt, as follows
Mr.. AsHMKAp's OPENING.
MAY IT PLEASE THE CoURT-GRNrLEMRN OF
THE JURY 1T becomes my duty, as the officer
charged by the law with the prosecution of crimes
and offences committed against the laws Of the
United States, within the Eastern District of Penn
sylvanis, to submit for your consideration the in
dictment upon which the prisoner at the bar has
been arraigned, in order that you may determine
upon the question Of his guilt or limo ,enoe. 1t
highly aggravated character; in its nature, the
most serious that can be perpetrated against q
human government. It is technically called high
United States and the act of Congress of 3Oth
April, 1850. 1t consists in this country only in
levying war against the United States, and in ad
herring to their enemies, by giving to them aid and
soner at the bar is that of levying against the
United States, and desire yeu distinctly to under
stand that it is not case Of constructive treason,
but one Of actual treason and embraced w1ss!n the
to which allusion has been made. What the
law is upon. this subject will fully explain be-
fore conclude my opening remarks; but now
force and intimidation, to prevent the execution Of
an act of Congress, so as to reader it imperative
and Ineffective, s, in legal estimation, high treason
being an usurpation ofthe authority of overnmsnt
This construction Of the constitution of the Unit ed
States has been cotemporaneous with the adoption
fthat instrument, and every judge, whether STATE
Federal whose attention has been directed to tn
subject, has agreed in this Interpretation. Ii was
SO held in the case, Of the Western insurgents in
1885, in the cases of the pton insurgents in
1899; in the case Of Aaron Burr in 1907, by Judge
Story in his charge to the Grand Jury, in 1912; by
Judge King, President of the Court of Common
Pleas, of this county, in his charge to the Grand
Jury in 1885, and in 1851 BY his Honor Judge Kane,
who reviewed the whole law, upon this subject, in
fore W the country since the 18th Of September last
The treason charged against the defendant is, that
he wickedly devised and intended to disturb
the peace and tranquility Of the United States,
by preventing the execution of the laws within the
same, to wit: . law of the United States, entitled
An act respecting fugtives from Justice, and per-
sons escaping from the service Of their masters, ap-
United States, entitled ''An act to amend, and
supplementary to the act entitled AN act re,pe,t-
ing fugitves from Justice, and persons escaping from
the service of their masters approved February r.
the 18th of September. 1850, generally known rs
tho Fugitive Slave law. The overt acts, which
may be considered as the evidence or manfcstatio
of the manner in which the treason was committed
are set forth in the indictment as folio VS.
First.-That on the llth Of September, 1851, in
the county Of Lancaster, and within the juris-
dictien of this court, the defendant, with ,great
number Of persons, armed and arrsyed in war
like manner, with guns, swords and other wea-
pons, assembled and traitorously combined to op-
pose and prevent, by, intimidation :ani violence,
already adverted to, and arrayed him self in a
warlike manner against the said United States.
Second-That at the same time and place, the said
Castner Hanway assembled with others, with the
vent the execution of the said laws to which have
alluded and that in pursuance of this combination
he uplawfuy and traitorously resisted and opposed
Henry H Kline, an officer duly appointed by Ed
ward ID. Ingraham, Esq, Commissioner Of the
Circuit Court Of the United States, from executing
lawful process to him directed against certain per
sons charged before the Commissioner with being
persons held to service or labor in the State OF
Maryland, owing such service and labor to a
tain Edward Gorsuch, under the laws Of the State
Of Maryland who had escaped into the Eastern Dis
tIict OF PENNSYLVANIA. Third-That in further exc
cution of his wicked design, the defendant assem-
bled with certain persons who were armed and ~.
rayed with the design, by means of intimidation and
violence, to prevent the execution of the laws
already alluded to, and being so bled, kno -
ingly and willingly assaulted Henry II. Kline, the
officer appointed by the Commissioner to execute
his process, and then and there, against the will
Of the said Henry H. Kline, liberated and took out
Of his custody persons before that time arrested by
him. Fourth-That the defendant, In pursuance Of
his traitorous combination and conspiracy to op
pose and prevent the said laws ofthe United States
from being carried into execution, conspired and
agreed with others to oppose and preveat by force
and intimidation, the execution Of the said laws
and in the ways already described, did violently
resist and oppose them. Fifth-That the defendant,
in pursuance Of his combination to oppose and re-
sist the said laws of the United States, prepared
and composed divers books and pamphlets, and ma
lciously and tratorously distributed them, which
books and amphlets contained indictments and
encouragements to induce and persuade persons
held tc service in any Of the United States by the
laws thereof, who had escaped into this district as
well as other persons, citizens OF this district to
execution OF the said laws, and also containing in.
structions how and upon what occasions the traitor
GUS purposes should and ought to be carried into
effect The overt acts which have now described
embrace all the charges which the government
presents against this defendant. | need not say
to you that they altogether Of an extraordinary
character. and such as, In this country are but sell
dom presented for the consideration Of a court and
jury In monsrchical governments, 1t is true,
crimes Of this description are offrequent occurrence
but in q government like ours they are but seldom
committed. The tyranny to which the subjects Of
despotifms are exposed may so burden and oppress
them, that longer submission becomes intolerabls,
and they are driven to efforts to shake II OF. The
failure to succeed involves them in the guilt Of
treason, and trial and conviction for the offence
follow as a consequences. ln governments so con
ututed, the only hope for change exists in revo-
luton, and hence the attempt made is to overturn
the whole fabric Of government. Under such cir
cumstances, treason may become patriotism, and
the friends Of liberty throughout the world may
dently wish for its success No such excuse, how.
ever, exists with (; for institutions are based
upon the inherent right Of the people to change snd
modify their form Of government. In the constisu-
tion OF the United states, as well "a in thssc Of
the several states, modes are provided by which
their provisions can be altered IL oSn,xioGs
acts Of Congress are passed, they can Do changed
or fepesled. Hence this defendant, il he has per-
petrated the oaeace charged ia the indictment ha,
raised his hand without excuse or palliaon against
the freest government the fsce Of the earth. lie
has not only set its laws at defiance by seeking to
oveturn them, and to render them inope rative and
void, but the conspiracy into which be entered
assumed deeper and more malignant dye, from
the MantOn manner. In Which IL was antuallv con.