The New York herald., 1851-09-30
NE PENNSYLVANIA NEGRO OUTRAGE.
>>o~>o~~o~~S~o~SS>>~~o->1>>
llPSRrANf CHARGE OF JUDGR Kane,
DEFINING
x81 LAW OF YKIASoN6.

etrr 29-In conseq determination Of Dis
trict Attorney Ashmead to bills TO the Grand Jury
against the person bound over for their al
leg participation in the late deporable outbreak at
Christians Judge proper that he should
lay down the Law them before they acted
the bill The o. inon Is gwen beow, and will be read
State. ssDsray ya Il Is ably written and presents the
law Of treason in a clear and lucid manner -
CHARGE
G.srrrnKs OF TIE Gs.Sp Jusr-It has been repre-
scented to me that since met last circumstances
occurred in Of the neghboring counties of
perhaps for the energetic action OF the Court
1t is said that citizen Of the State of Marylsnd wAo
had come into Pennsylvania TO reclaim fugitive from
labor forcbly obstructed in the attempt by body
of armed men sulted. beaten. and murd red that
some members Of his fsmily who had accompanied him
in the pursuit az the time and by the same
party mstrsated aud grievousy wounded; and that
6er OF Justice constituted under the authority Of this
court who sought to arrest the fugitive mpeded
and iepelled by and violence while procsim-
irg his character and exhibiting his 1t Is said
toe that the time and manner OF these ourages their
ascsrted object the denunciatons by which they
preceded and the Simultaneous action Of OF the
guilty parties, evinced combined purpose forciby to
resist and make nugatory a constitutional provision
and the statutes enacted in pursuance Of it, and 1t is
added, in confirmation Of this that for some months
back gatherings Of people strangers well citizens
have been held fr time to time In the vicinity the
place Of the outbreak at which exhoratons were
made and p dees insrcharged held the law for the
recovery o fugitive slayss Of validity and TO defy
made in my hearing, spd In regard TO which II has be-
come your duty The Grand Inquest of the district
make legal inquiry Personally know nothing Of the
fscts the evidence restine to them As member Of
the before which the accused persons may hsreak
ter be srraigned and tried have sought TO Keep my
mind altogether free from any impressions OF their guilt
innocence ard even from raj Judicial knowledge
of the Circumstances which determine the legal
character of the offence that has been psrpetrated 1t Is
q interests Of public justice less than
the parties Implicated IN criminal charge that their
cause shal. be II wise, and in degree prejuiged
And In RETIRING therefore to the representations which
have been made to ue, have no other obec. than
point TO the fo- my addressing you At this
advanced period Of and TO enable you
apply, with more facility and certainty the principles
and rules ct law which sha proceed to lay before
IL the circumstance 10 which have adverted have
fact taken place they involve the hiahest crime kno
TO cur aFs Treason against the United States is de
FINED by toe Constitution art 5 sec cl l. to consist
in "leVyng against them or in adheriog to their
enemies giving them sid comfort This dedaitiou
il Lorrcwtd from the ancient Law Of England Stat 2
Edw 3. stat s. chap 2, and its terms must be under
and which b aired here when the constitution was
adopted. The expression lew ing war regarded
embraces nat merely the &C. f formal CT decars
bet any bnston fcEc BY 10 Prevent oppose the
execution erfrcement Il provision OF the const
tption OF public statute il accompanied folio
conbnation This in snbetsnee has been the oterp-e
tston given to these words By the English judges aud
IL has been uniformly and uly recogoized sed
IN the courts OF the United States ste Foster Hale
ard Hawkins and the opinions OF lrede2 Patterson
Chase Esrshs sId WsskiI gtop J. j., Of the Supreme
Court snd of Peters, d. J. in United states vs. VIGIL
Unite States Mitchell. United States VS. Fries Vol.
tad States Boyman AID AID United States
BUR
The definition. you will observe Includes two parti.
culsrs both Of them indispensable elements Of the offence
There uvst bsve been combination conspiring
geber oppose the Law by sons actual force
nust have been exered or the crime CT treason is
cCnCDu6.ed
Tie highest lest the direct proof the conbn-
ing he f0uUd in TIE declared purposes OF the
dual party before the outbreak o. II nav be derived I'm
the proceedings Of mecpgs in hch be part openly
CT which he either pronptec or usde effective by his
corntsnsnee or senction,-ccmnendirg c7uoselns aud
ipFtieatirg frcibie rrsiftsncs 70 th= law. speak Of
corGfe of conspiring TO resit law, not the more
missd Iurpos TO volat II or TO prevent its application
ard enfcrof ment In rsrticuls- against psrt
cuisr individual. The combination must De directed
against the law itself
But rcf proof cf this element Of the osne. is
not legally necessary to establish It's existence. The
concert OF purpose may b. dsduced from the concerted
seon seif or Il may be inferred from facts occurring
at the time or Afterwards as well as before
Besitss this, there must be some act Of violence
the Ivsut or consq qusuee of tae 'mbning But here
again u Is not necessary 20 that the individual
accuse q direct personal actor in the violence II
be present directing, aidiog sbsttisg counselliny
oountenancing IT, he IS. in law, guilty Of the for.
eihe act Nor even hi reroral presence inslsoer
fabie Though be Is alb eDt AZ the time Of is aetua.
perp. lfstiou yet II be directed the az. devised or
EnTrio9iT fu-T SD the for carrying 70 into
effect insligated other g pcrfTm T. De shares tke-
guilt 10 t1' sson there ar no are'ssories
Thtrv has been, fear. erroneous impression oa
THE sijset among portion Of our people. II I. has
teen thought sas to ecuns and Others to a.t
off1rcibe oppugnaton 10 the provisions Of statute
inaanc the Kinds q the ignorsnt by appeals to pas
soo, end denunca,ions Of the law oppressive
r.voitr6 20 the sonscieDce Ssd not binding the
tions of pressK: the titation OF the ani
~ ooGp.et Of inquity, which 1t we're merorious
a ne.
and they who have fallen Into IL may rejoice perad-
venture their appeals and their counses been h,h
erto without elect The supremacy Of the constitution
In al s provisions at the very basis Of existence
nation he whose science or whose theories OF
political er individual sht forbid him 10 support and
maintain It In its fullest in ecrty may relieve hm.ef
fcm the duties Of citizenship BY dv--tnr himself OF is
rghia Ru. While he remains within eur bordsrs he Il
20 rvuember aka; successfully to nstgae treason Us
shsinct BE- supposed TO Imply In these remarx. tha.
haye doubts OF 10. law abiding arscer ofour people
NJ OlC m bon uan 49,
rslnnee their fidelity the eoastitu uton Some Of
then dlGer from the to the rightfulaess or
The VII eo O tbs % the other pTovon that h found In
the federal compact thy may b. dyidsd in A. ntineut
ss TO the policy Of particular statute Ct provi
siop In statute but II is ihsi- honest purpose 70 stand
by the 81 gsgeueDts all th- sngsgements which bind
tbtn 20 tber brethren q the ottsr states Thfy nave
ossatisn than ts consttatoa aud the Ia vs. mad in
purfra1ce St lt-they recognize ~ hishr appeal than
10 e tribunals i has sppiil,ed-thsy cherish patri
otb m that looks Beyond the union Of the states.
Tia. there are men here. slsewhere, whom a mis-
guided zeal inpels 70 viostep Of aw-thst there are
others who controlled by fse sympathe, and
Who yield too readily fully pathles not always
fsse fsHe yet psrdonsbe aud besone criminal by
yieldns-thst We have pot only IN our J... ara aims
ficpg Of The State, ignorant msny of them without
politcsl rshs degraded In social position and instinc
record Of our polio. courts by ineffective lssors
tf tbose good men smong who seek % detach want
from 4 mpt.tion passion nom violence snd ignorance
fIcm crime But 1t should be supposed ths; any &
thee rapresent the sentiment of Pennsylvsnis ant
u wcuc be 20 wrong cur people softly' 70 inclu1e
them in The same category q psrs7Eai social CT p1ti.
cal morals
II IL declared IN the article q the cont.u.isn which
have sircafy cited that person shall be convicted
ttsason nless the tesoay u tr, witnesses 20
the me overt act, or con.es IN open court
This and The corresponding lapgusge In the Of Con
gees q the 50th April l7s0 seen 20 refer to the pro9
The trsl aod not TO the preliminary bearing beors
the commtIuy msgrse or the proee. ings before the
qpard Inqu q There can be DO conviction until after
arrsiRun o. bi fOuUd Toe previous action in the
ie not trial and canrot corvet whatever be the
evid of ~ rf All
10 have been TIE opinion enrtsintd BY Chief Justice
Harsbal Burr Trial. Jt0 aud tbous II difsrs from
that "a pressed by Judge Irede the indictment Of
Tries Wharf, Am. Sc Tr, gs0, feel authorized 10
Dd1 70 y,u as within the srns OF the consiu-
lion and iDvriving 10 ipJustice to the acoUeed
have orly to add that treason az inst the United
States aJ committed by aBy resident OF sojoun-
Ing within s territory and under the protection OF is
law pbfther be be citizen slen. fost L ls3
q Il LII. ~ q 1 uaNk ch- ~ zee 81. kel as-