The national era. [volume] (Washington [D.C.]) 1847-1860, 1851-12-18


riots in Wales to show that in all these cases
the judges held that there could not be treason
without an instruction or rebellion, although
IN some of these cases the parties were only
tired for riot. He next turned his attention to
United States treason cases; Shays rebellion,
the whlskey instruction, and Fries's case were
actually lovying war upon the Union, and were
put down with military force Yet so 10th
were the authorities to push the law Of treason
IN this country, that only in Shay's case were
any persons punished with death. In the case
OF Burr, Chief Justice Marshall held that there
could be no treason without an actual insur-
rection. Mr. Read spoke up to the hour of
adjournment without concluding
FouRrEFsrY nay, '. 81, -,
z srpse~.@ra.,, ner, ,A..-sShN NJ Read Fed
resumed his argument this morning IN behalf Of
=" 60 '..,--l"' '-.' - a
MIR Read showed that the conduct of thts
| people in the neighborbood had been greatly
misrepresented by the witnesses of the prose
cuton
He then referred to and answered the re-
marks Of the gentleman from Maryland in re-
gard to the duty of the citizens of free State
in contributing to the capture of runaway
slaves He said the gentleman had mistaken
the temper and misunderstood the character
and position of our people, when he INDUCED
in his long and severe lecture upon them.
He said we were not situated like citizens of
the South. We felt secure in our homes, and
could turn out in defence Of our country, to re-
sist an enemy, or suppress an insurrection,
leaving the protection of our homes and fire.
sides to the women, without experimenting any
danger from domestic and servile adversary.
We were not compelled to forbid the reading
of the Bible by any of our people, or to forbid
their instruction in letters We had no laws 10
authorize one man to beat another immoderate-
ly or to whip women We had no laws to forbid
the wearing swords as dangerous weapons, or
to prohibit the sale of powder and ball to any
man. of any color, or of any extraction. We
permitted every one to have arms to bear
arms and to use arms, with the proper limits
of legal proprety; we had public schools for
the general instruction Of the people, where
the child of the poor man stands on an equal
footing with the child of the rich every mans
home is held sacred, and is secure, and the
rights and duties of the domestic relations are
guarded and enforced by the law, and main
ehned with all the moral sanctions of correct
public opinion.
He then gave an interesting and instructive
history of the Constitution, and particularly OF
the great slave question showing that almost
the first effort Of Washington, Jefferson Mad
; son, Randolph, and others after the independ
ence of the country had been achieved and
settled, was to suppress and abolish the slave
trade. He showed that in 1903 it was declared
"piracy," punishable with death, for an Amer
lean citizen to steal negro from the coast of
Africa, to make him slave and asked what
was the difference between that crime and the
offence of coming from Maryland into this
State and kidnapping a freeman, and carrying
him into slavery? Why, in the latter case the
crime is tenfold greater.
| He said, that at the time of the adoption of
| the Constitution, every eminent man in Vir-
ginia was in favor of gradual emancipation.
He strenuously opposed the slave trade. South
Carolina could not sustain herself even in a
union with other Southern States, and Charles
Pnckncy therefore recommended union with
the sister States on account of their navy
Maryland had not kept her faith she had
sent her sons into Pennsylvania to take away
free negroes, under the plea that they were fu-
gitives from justice. He did not suppose she
would come here with her prejudices to attempt
to convict a white man of treason by the testi-
mony of blacks The evidence of twenty
blacks in Maryland, if against white man,
would 90 for nothing Mr. Lee had said that
sian fly, she small pox, the Circuit Court sys-
TEN, and universal suffrage, find their way into
the South from the North,
MIR Read asked what sort of justice was TO |
be expected from men who breathed such an |
atmosphere at that He alluded to the recent |
riots in New Orleans the Boston riots, aud the |
Philadelphia riots in 1874, and said it was |
not supposed that either of them were treason |
but the riot in Baltimore, in 1912 when the |
jail was stormed and person killed. and the |
post Office stoned, was treason, and yet the par
ties were only tried for riot and murder. He |
concluded by a complimentary notice of the |
Society of Friends.
Mr.. Stevens declined speaking as he did not |
think the case warranted it, but would, how
ever call the attention Of the court to the case
of Horne Tooke, in which it is held that the
officers are bound to show that the object in
making the arrest was lawful one.
Mr. Cooper followed for the prosecution and
spoke up TO the hour of adjournment without
concluding. He divided his argument into
three propositions LIST That in treason there
are no accessories 3D. IT, in committing
trespass, felony follows all are guilty as par
Elephants. Sd. That in preventing Mr.. Cor
such from getting his slave, he was guilty of u
trespass and the practical question is, was
Hanaway then in such way AZ to prevent the
arrest Of the slave?
THIRTEENTH DAY
ACQUITTAL or CAsTNER HANAwAY
Tuesday, Dec. il-Mr. Cooper finished his
argument for the prosecution, in the case Of
Hanaway.
Charge Of Judge Grier--Judge Gricr, after
the jury upon the patient atten-
ton they had given the case, said that the prs-
oner had a right to require Of them that they
would not allow the atrocity Of the offence or
the horror they had Of it TO cause them to for
get their duties 10 him, and convict him without
full and satisfactory proof Of his guilt That
the Government Also while it could not desire
the sacrifice Of an innocent man, for the pur-
pose Of public example, had a right to de-
mand Of them fearless, unHinching discharge
Of their duty.
He said, without intimating any opinion as
10 the guilt or innocence OF the prisoner at the
bar, it must he admitted that the testimony in
this case has clearly established that n most
horrible outrage upon the laws Of the country
had been committed.
All this has been done in open day-in the
face of portion Of the citizens Of this Common
wealth. whose bounden duty il was, as good citi-
tens, tosupport the execution Of the laws without
my opposition on their part-without any at
empt at interference 10 preserve the peace
md who, IL they did not directly encourage or
participate in the outrage, looked carele~ly I
md c0ldly on. These, | say, are facts estab |
ished in this case beyond contradiction. u