The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-12-02

concealed from view. Joshua nj. GoIsuch and Decker
Gorsuch subsequently carried 10 houses in The
vicinity and long time recovering from their
wounds In connexion with This narrative OF facts will
also state that there two or three other matters which
will appear in the of the testimony 10 which shall
call your attention. H
FVst,-That soon Hanaway appeared at the bars,
The negroes IN Parkers house appeared evidently TO be
encouraged an gave shout Of satisfaction; when be-
lore that they had appeared discouraged and had asked
for time -
Second--T before the firing commenced, Kline had
gwen orders 70 his party to retreat, and they
ualy engaged 10 the retreat when the attack was made
lhtd.-rhat Edward GoIsuch, who was killed, had
no weapon ol any 6nd in his hands, and was therefore
cruelty wahlonly, and unnecessarily wounded by the
defendant and bis associates while carrying out their COM
bnaon and conspiracy to resist, oppose. and render in
operative and void the acts OF Congress referred 10 in the
Indictment
Such gentlemen of jury, is the general outline OF the
facts which propose laying before you in order TO sus-
tain the accusations contained IN the indictment The
details oil the testimony, you will them from the
Witnesses will fully complete this sketch 1.-THE result Of
cpae, will be contended on behalf OF the United States
that the crime OF high treason has been established
against the defendant and that you, faithfully honestly
and fearessy responding 10 the obligations OF your oahs
VIII say so by your verdict
The authorities and opinions which have quoted are
conclusive Of the question of law and prove that the
focibe resistance TO the execution OF the law of the
United States, known as the fugitive slave law OF $780,
which took place at Chrsana on the lh OF September
last in which The defendant participated with Others if
designed TO render lis provisions imperative and void.
was treason against the United States 1t was evyng
OF war within the meaning OF the constitution The in
tent with which the act committed is the essential
ingredient in the offence. II il not evelled at the
statute but simply designed to prevent the arrest of the
slaves belonging 10 the late Mr. Gorsuch il amounted
far the United States is concerned. to nothing
than high nisdemeanor. The death which resulted
from the violence in this aspect of the case, would be
ndic,able and punishable as murder by the laws OF
Pennsylvania, but could not be considered act Of
treason It Is your peculiar province TO pass upon the
question of intent, and you have right to infer treason
Which
tended the transaction The combination conspiracy
of the defendant with others ocbly to resist the law at
Chrstana be established without direct proof "The
concert of purpose" says his honor Judge Kane, "may
be adduced from the concerted action ITSELF or il may be
inferred from facts occurring at the time or afterwards
as we'll before" In this particular case, however,
there is necessity for inerentia proof lar as this
defendant is concerned. His resistance 10 the law was
open and declared He avowed his determination on the
spot regard the provisions of The fugitive slave law
OF 1880, any other act OF Congress upon that subject,
and in the very presence OF an armed band OF negroes
who had together 10 resist the law, he declared
that lis supremacy shall not be maintained by him, and
that the rights of these insurgents were superior to any
statute OF the United States They are armed" was
his language, "and can defend themselves"
is manifest, therefore, that Castner Hanaway, so lar
in him lay, had resolved prevent the execution
OF these ugitiyesave laws in every instance and TO
make them dead letter in the neigh lohood and county
in which he resided far any ability or influence OF
his could contribute 10 that end His conduct and Ian
guage towards Kline incted and encouraged all that ioi
lowed afterwards, and the prisoner legally aad morally
responsible for il all Had he chosen 10 dscounienance
this fragrant violation Of law, and held the excited and
inurated blacks in check, The reputation OF Pennsy
vania would have been arnshed by the dsgraceu
occurrences al Chrisana, and worthy and respected
citizen OF an adjoining sate would not have been wan
in the assertion OF his legal rights On Cashier Hanaway
especially rests the gull of The innocent blood which
split on that occasion. He may finally escape its
consequences before this jury, because Of some flaw
defect in proofs but he never can flee from the
proaches OF his conscience, or the condemnation
which every honorable and upright citizen will pro-
nounce upon his conduct He is, however, in your
hands, and will say nothing that is IN any way calculated
to create array pIeiudices against him OF his case
have thus, gentlemen OF The jury in the execution OF
my duties opening counsel for the United States de-
tailed the facts OF the cause you are about TO try as be-
eve they will be established by the evidence, and have
also explained the legal principles which consider ap
pcabIe them Nay duties IN this respect are therefore
fulfilled Your graver and more solemn one IS aooutto
commence Never were duties more intensely interest.
ing in their character or more absorbngly important
in their results The simple fact that the issue you
are about TO determine involves the lie Of human be-
ing impas il absorbing interest, and demands what
am satisfied il will receive, your anxious, scupuous,
and careful attention. .E
But The inherent gravity Of such an issue assumes even
deeper responsibility from the nature Of the accusation
involved in It, and from the influence your verdict may
have on the future harmony and permanence OF the
onal Union 1t may be that the great political problem
is now 10 be solved by you whether the constitution Of
the United States, and every par oil H. is to be recog-
nsed and regarded throughout this land as the supreme
law; whether its unequyoca mandates are 10 be evaded
and disegaried, or whether they TO be obeyed in
that spirit OF honesty and sincerity necessary 10 its
pepetuy and essential 10 It's effective action as the
guardian of the rights Of each individual citizen, as we'll
as of the sovereign States composing the American
Union, With you the deep trust may be safely reposed
This yenprated hail. from which the Declaration oil
American Independence first proclaimed TO an ad.
miring world, be the OF the violation OF
the constution-the nobest product OF that indcpend
ence For my own part. enter into this Investigation
with the most absolute and abiding confidence ~ The
ury.box The experience OF my life has convinced me
of The intelligence, patriotism, and honesty OF American
uries have ever found them thoroughly mbued with
the belief that in them was essentially rePosed he ad'
ellgence 10 the jury box, the wisdom OF the lawgver
would be frudess and unavaiIng. ,,.Z ---.-,,
All ask OF you, gentlemen, IS what know you VIII
readily award me-a verdict according 10 law anu the
evidence in the cause Although your duties are solemn,
they are simple, when confined within ther legltnae
limits You are not called upon 10 determine The policy
or impolicy OF public law. That belongs 70 another
branch OF the government selected by the people ior that
purpose and directly responsible TO them fo Their acts
To you rghtfuy belongs the determination oil the ques-
racted II the evidence, therefore, brings home TO This
prisoner The crime charged against him In the ndc'ment,
faithful 10 the oaths you have taken, faithful 10 your
duties as citizens faithful TO your high trust as jurors
you will so pronounce the verdict, without TURNER 9es
taton than that cautious consideration uenauo na os ~
II the proofs Inadequate you VIII as 1;as Ss
ac1uit the prisoner The government OF 'he ueu
simply asks that the public laws shall Dc ~, ieao,
cu,ed II seeks not yiclims--it deuanas nU aandna
en;van shall no he shed with impunty on the SOL OF
psnnsIvania and under the shelter OF tne laws o. .ne
i; tbs those laws shall not remain liieess lellsr
az ~ statute book, but be yiDdicated and manlaneo
and that the promises Of The constitution s snsa sor Ii and
=; he roth with which that instrument came 70 us ron
,he great fathers OF the revolution # $3.50
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