Lewistown gazette. [volume] (Lewistown, Pa.) 1843-1944, 1851-12-19
The Treason Trial---Hanway's Aequlttal.

The Treason Trial---HanWay's Acquittai.
The treason trial at Philadelphia was
brought to a close on Thursday OF last
week, and resulted in the acquiltal of
Hanway-the jury having been out but
fifteen minutes. The proceedings are SO
long that we find it impossible 10 make
anything like 4 synopsis either Of the tes-
timony or speeches. Judge Grier, in his
charge, quoted from different authorities to
show that
A combination conspiracy to levy war
against the United States, is not treason unless
combined with attempt to carry such COM
bination or conspiracy into execution some
actual force or violence must be used in pur-
suanCe Of such design to levy war; but it is
altogether immateral whether the force used is
sufficient to efectuate the object; any force,
connected with the intention, will constitute the
crime Of leyying war.
The Judge then continued:
In Mtchell's case, it was decided that to
sist or prevent, by armed force the execution of
a particular statute of the United States, is a
levYing war against the United States, and con-
sequently treason within the true meaning Of the
Constitution
And in Fries case, that an instruction or
rising of any body of people within the u.
States, to attain by force or violence any object
of great public nature, or Of public national and
general concern, is a leyying war against the
United States
That any instruction TO resist or prevent,
by force or violence, the execution of any stat
I ute of the United States, under any pretcnce of
! It's being unequal, burthensome, oppressive or
! unconstitutional, is aIeyying of war against the
/ United States, within the Constitution
! And again II the intention he to prevent by
/ force of arms the execution Of any act of Con-
gress altogether, any forcible opposition calcu-
lated TO carry that intention into effect is
levying war against the Uuited States. u. ).
I '. HoXie, Paine, 265.
But the resistance Of the execution Of a law
of the United States accompanied with any de-
gree Of force if for prirats purpose Is not trea-
son. To constitute that offence the object Of
! the resistance must be Of public and general
. nature.
| do not think it necessary to quote further
from the decisions of my predecessors. 1t will
! suffice to say that the late charge of my brother
Kane to the Grand Jury, in the Circuit Court,
contains what | believe TO be 4 correct state
ment Of the decisions on this subject, and that
| fully concur in the doctrines stated and the
| sentiments expressed therein.
Ia the application Of these principles of con-
struCtOn TO the case before Us, the Jury will OBJ
/ serve, that the leyying Of war against the L.
/ States is not necessarily to be judged of alone
by the number or array Of troops-but there
/ must be a conspiracy to resist by force, and an
| actual resistance by force Of arms are intimated
by numbers. This conspiracy and the insur-
rectlon connected with ii must be, to effect
something Ct a public nature, TO overthrow the
government, or to nullify some law of the Uni
ted States totally to hinder its execution, or
compel the repeal.
A band of smugglers may be said to set the
laws at defiance and having cOnspired together
for that purpose, and to resist, by armed force
the execution of the revenue law; they NAV
have battles with the officers OF the revenue in
which numbers may be slain on both sides, and
yet they will not be guilty Of treason, because it
IS not an insurrection of public nature but
merely for private luCre or advantage.
A whole neighborhood of debtors nav con-
spire together and resist the Sheriff and his of
hcers IN executing process on their property
they may perpetrate their resistance by force Of
arms; may kill the officer and his assistants
and yet they will be liable only as felons, and
not as traitors. Their insurreCtion is of a
private, not Of public nature, their object is
TO hinder or remedy private not public
grievance.
4 number of fugitive slaves may infest
neighborhood, and may be encouraged by the
neighhors in combining to resist the capture of
any of their number they may resist with force
may come to arrest them; they may murder and
ROB them; they guilty Of felony and liable
to punishment, but not as traitors. Their insur-
rectIon Is for private object and connected
with no public purpose.
On the rendition of the verdict of ac-
quittal, Mr. ]. W. Ashmcad said that the
prisoner was also charged on four other
bills for misdemeanor but as he had
passed through such an ordeal, he pur-
posed entering noHc proScg,ti on them.
Runway was subsequently taken to Lam
caster, and held 10 bail in $1,000 for his
appearance at court.
The other cases have been abandoned.
- \ report of the trial of Hanaway
viii be published in volume by King &
Baird, No. Q. Sansom street, under the su-
Peryision Of ]. J. Robbins, editor Of the
Philadelphia Legal Intelligencer. 1t is
said it will give " full and complete his
tory of everything that transpircd during
the trial
SELF-sETTING NINE PINs.-Thomas +.
S'huIl, Of this place, has recently applied
for patent for 4 new kind of nine pins,
which require 10 boy 10 set them up
The Scientific American has an engraving
. Of this invention, from which we Learn