Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1851-12-20
THE TRIALS FOR TREASON AT PHILADELPHIA

THE TRIALS FOR TREASON AT PHILADELPHIA.
We have already announced the acquittal of Han
away white man, who was tried on charge Of
treason in the matter of the Christiana riots and
the abandonment of the remaining indictments by
the Government A letter from Philadelphia to the
Washington Union, written before the verdict was
rendered, contains the following passages:
The overt act charged in this indicmentvz the re-
sstance Of the officers the Of the slaves and the
murder Of their MASTER whilst attempting their capture
by virtue Of processhas been distinctly proved; the
quo ano however with which the prisoner to the
ground is matter Of dispute That his conduct on the
ground was improper, there is to doubt; but
whether it reasonable not, for the jury decide
Whatever should be the result of these legal invest
cations, though acquittal should follow each in
dctment great good will result the community from
the fact that the law of treason and what constitutes
treason, will be brought home plainly to the
that he that may read and thus the integrity of the
Union win be strengthened and fortified"
The acquittal then, appears to have resulted from
the allegation of treason in the several indictments,
instead of the crimes actually committed.
The charge of the Court is an able exposition Of
the whole subject. The Judge recaptulated the
various arguments which demonstrate the constitu-
tionaty Of the Fugitive Slave law he then recited
all the fragrant circumstances attending the viola
ton Of that law in the under consideration, al
legng, in conclusion, that the evidence has clearly
shown that the participants in this transaction
guilty of riot and murder at least
The next point to determine was whether the
crime which had been perpetated was that Of trea-
ven. The jury instructed that it did not come
within the definition of treason laid down in the
Constitution of the United States. On this head we
quote the following extracts !:
To constitute the crime of treason, there must be
conspiracy resist by force and actual resistance
force of intimidation by numbers to effect
thing Of public nature, overthrow the Government
nulfy law of the United States and totally
hinder its execution compel its repeal.
9 band Of smugglers may be said set the laws at
defiance and to have consped together for that purpose
and resist by armed force the execution Of the
laws they may have battles with the officers of the
revenue in which numbers may be slain both sides,
and yet they would not be guilty of treason because is
not insurrection Of public nature but merely for
private lucre advantage.
"A whole neighborhood of debtors may conspire to-
gether resist the sheriff and his officers in executing
process 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 eons
traitors Their nsurrecton is Of private not of pub
lie nature their object is hinder remedy private
not public grievance.
"A number Of fugitive slaves may nfest
and may be encouraged by the neghbors in combining
resist the capture Of any Of their number they may
sis with force and arms their the public Off
who may to arrest them they may murder and
rob them they guilty Of felony and liable punish
men but traitors Their instruction for private
object, and connected with public purpose.
1t is true that constructvey, they may be said to
resist the execution of the fugitive slave law but in
other sense than the smuggers resist the revenue laws
and the antreners the execution laws Their insurrec
ton their violence however great their numbers may be-
long it is merely to attain personal private
end of their own cannot be called levying Alexan-
der the Great may be cassed with robbers by moralis
but still the political distinction will remain between
and robbery One public and national the other private
and personal Without desiring to invade the preroga
tiyes of the jury in judging the facts of this case the
Court feel bound to say that they do not think the trans
action with which the prisoner stands charged with being
connected rises to the dignity Of treason evying Of
war not because the number force was insufficient
but for want Of any proof of previous conspiracy
make general and public resistance Tar Of the Uni
ted States
Secondly: There no evidence that any person con-
cerned in the transaction knew there such acts of
Congress those which they charged with conspng
to resist by force and arms any other intention than
protect another from what they termed dnappers
by which slang term they probably included not only
tua Ednappers but all masters and seeking to
repure their slaves, and the officers and agents assist
ns therein.
The testimony Of the prosecution shows that notice
had been given that certain fugtves pursued the
riot insurrection tumult whatever you call it,
but sudden conclanGio running together, to pre-
the capture of certain of their friends companions
or to them if arrested Previous to this transac
ton, informed attempt had been made to
fugtves in the neghborhood under the act Of
Congress by public officer. Heretofore arrests had
beer made not by the in person. his agent pro-
perly authorized or by officer of the law.
sIndviduals without any authority but melted by
the return Of fugitive, had heretofore undertaken to
seize them by force and violence to invade the sanctty
private dwellings, at night, and insult the feelings and
peudices of the people 1t is not to be wondered that
people subject such nroads should consider odous the
perpetrators Of such Deeds and denominate them dnap
ps and that the subjects of this treatment should have
been encouraged in resisting such aggressons where the
rghtfu claimant could not be distinguished from the
oous kdnapper the fact be ascertaned whether the
person seized deported stolen in this manner
free man q slave
But the existence Of such feelings is evidence of
determination conspiracy by the people to publicly
sst any legislation of Congress- levy war against the
United States That in consequence Of such excitement
an outrage should have been committed is deeply
deplored That the persons engaged in it guilty Of
aggravated riot and murder cannot be denied The
saut and murder wantonly committed after all at
tempts to execute the process had been abandoned.
"This insult upon the laws Of the country deserves,
and presume win receive condign punishment the
persons who shall be proved to be the guilty partcpators
in But riot and murder offences against the State
Government It would be dangerous precedent for the
court and jury in this case to extend the crime of ea
son by construction to doubtful cases
The time may come when an elective Judiciary de-
pendant on the will Of the majority, (Which is here the
sovereign power may such precedent to justify the