The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-12-02
Tue Chrl.,iana treason C..s,


pha' on Friday, after the jury in the OF Caslner
anaway had been sworu the United States district at.
lorney' John W. Ashmead, esq, made the opening ad.
dress with great clearness and ability The Philadelphia
Bullehn has a full report OF it We make from il the
following copious extracs-imbodying statement OF
the case and narrative OF the testimony to be adduced
against the prisoner-which will be read with much
interest:
May Il please fhe Court Gentlemen ~ the Jury:
i becomes my duty, as the officer charged by the law
WIN me prosecution OF crimes and offences committed
against The laws OF the United States within the east
eIn district OF PENNSYLVANIA, TO submit for your consider
aton lhe Indictment upon upon which the prisoner al
the bar has been araigned in order that you may de-
tefmine upon the question OF his guilt or innocence.
L charges nm with the commission OF crime OF
hghiy aggravated characer--in lis nature The most
serious that can be perpetrated against human govern
men 1t is technically called high treason, and is de-
fined y the constitution Of The United States and the
act oil Congress OF 3Oth April, $780, II consists in this
country only in eyyng war against the United States,
and in adheriDs 10 their enemies by giving them
aid and comfort. The treason charged against the
prisoner at the bar is that OF levyng war against the
United States; and desire you distinctly understand
that it is not case OF constructive reason but OF
actual treason, and embraced within the purvew of the
constitution and the act Of Congress to which auson
has been made. What the law is upon this subject,
will fully explain before conclude my opening remarks;
hui now state that any combination or conspiracy by
force and intimidation 10 prevent The execution Of an act
Of Congress, as to render imperative and ineffective,
is in legal estimation, high treason, being usurpaon
IL.
the constitution of the United States has been cotempo.
with the adoption of that instrument, and every
Judge whether State FEDERAL whose attention has been
directed to the subject has agreed in this interpretation
1t held in the Of the western insurgents in
1895 in the OF The Northampton insurgents in 79o
in the OF Aaron Burr in 1907 by Judge Story in his
charge TO the grand jury in 1912 by Judge King, pres
dent OF the court OF common pleas OF this county in his
charge to the grand jury in 1916 and in 1851 by his
honor Judge Kane, who reviewed the whole law upon
this subject in clear and conclusive opinion which has
been before the country since the Goth OF September last
The treason charged against the defendant is that he
wckedy devised and intended 10 disturb the peace and
tranquility OF the United States, by preventing the
cution OF the laws within the same, TO wit: law OF
the United States, entitled "An act respecting iugyes
from justice and persons escaping from the service of
their masters, approved February H. l793, and also
law OF the United States, entitled An 10 amend and
supplementary the entitled 'An respecting iu-
g'ives from justice and persons escaping from the ser.
vice of their masters approved February H. 1884,
which supplementary act approved the 18th OF Sep
ember, 1850, generally known the fugitive slave law
The overt acts which may be considered the evidence
manifestation OF the in which the treason was
committed are Sc, forth in the indictment as follows:
Frsi. That, on The nth OF September 1851. in the
county OF Lancaster, and within the jurisdiction OF this
court the defendant, with great number OF persons,
armed and arrayed in a warllke manner. with guns,
swords and other weapons, assembled and traorously
combined TO oppose and prevent by intimidation and vo
lence the execution Of the laws of the United States
already adverted to- and arrayed himself in waIke
manner against the said United States.
Second That at the same time and place the said Cast
ner Hanaway assembled with others with the avowed
intention, by force and intimidation, prevent the
Of the said laws which have alluded, and that, in
pursuance Of this combination, he unlawuy and traitor
ousy resisted and opposed Henry IL. Kline, officer
duly appointed by Edward D. Ingraham esq a commits
sioner Of me circuit court o. ne United States from exc
sons charged before the commissioner with being persons
held to service or labor in the State OF Maryland owing
such service and labor certain Edward Gorsuch.
der the laws OF the State Of Maryland who had escaped
into the eastern district Of Pennsylvania.
Third. That, in further execution OF his wicked design,
the defendant assembled with certain persons, who were
armed and arrayed with the design, by means OF ntlm
daon and violence, 10 prevent The execution OF the laws
already alluded to, and being assembled knowingly
and wiliully assaulted Henry H. Kline, the officer ap
pointed by the commissioner TO execute his process and
then and there, against the will OF the said Henry II.
Kline, liberated and took out OF his custody persons be-
fore that lime arrested by hun. '..#
Fourth That the defendant pursuance OF his traitor
Gus combination and conspiracy oppose and prevent
the said laws of the United States from being carried into
execution conspred and agreed with others TO oppose
and prevent by force and intimidation the execution oil
the said laws, and in The ways already described did vi
olently resist and oppose them.
Ffth That the defendant, in pursuance OF bis comb
nation oppose and resist the said laws oil the United
States prepared and composed divers books and pamph
let's, and maciousy and iraitorousy distributed them,
which books and pamphlets contained indictments and
announcements induce and persuade persons held 10
in any OF the United States by the laws thereof
who had escaped into this district, well as other per-
sons citizens OF this district 10 resist and oppose, by
violence and intimidation, the execution of the said laws,
and also containing instructions how and upon what oc
the raorous purposes should ana Cusht 10 De
carried into elect.
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 are alto
cether of an extraordinary character and such as IN this
country but seldom presented for the consideration oil
court and jury In monarchical governments, It is
true crimes OF this description Of frequent occur
rence but in government like ours they are bu seldom
committed The tyranny 10 which the subjects OF des
petsms are exposed may burden and oppess them thai
longer submission becomes intoerable and they are
driven 10 shake it of The failure 10 succeed involves
them in the gull, Treason, and trial and conviction for
the, offence follow as consequences.
In governments constituted, the only hope Tor
change exists in revolution and hence the attempt made
is 10 overurn the whole fabric OF government Under
such circumstances treason may become patriotism, and
the friends OF liberty throughout the world may ardenty
wish for its success No such excuse however, exists
with us; Tor our institutions based upon the inherent
right OF the people 10 change and modify Their form OF
government In the constitution oil the United States as
well as in those OF the several States modes provided
by which their provisions be altered. II obnoxious
acts of Congress passed they can be changed or re-
peaed Hence this defendant, II he has perpelraed the
offence charged in the Indictment has raised his hand,
without excuse or paaiion, against the iiees govern
laws al defiance, by seeking TO over'urn them, and TO
render them imperative and void, but the conspiracy
into which he entered assumed deeper and more malg-
nant dye from the wanion manner in which was actu
ally consummaed ! allude TO the murder m wmch
resulted An honorabIe and worthy citizen oil anegh-
boring State, who entered commonwealth under me
protection OF the constitution and laws Of the Union, fof
the purpose OF claiming his property under due process OF
law, was mercilessly beaten and murdered 10 conse-
quence Of the acts OF the defendant and his associates
Il is dse race upon our national escutcheon, blot
upon The fair fame OF Pennsylvania, ana a feproacn
which nothing short OF the conviction aud punishment
OF the offenders wipe out IL IS ior you, gen
lemen OF The ury TO lndge OF tbe evidence wnoa @ e