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VOL. XXVI. LANCASTER, PA., WEDNESDAY, DECEMBER S, 1851. NEW SERIES, VOL. XIV--NO. 1. rrDLISIIED BV EDW^\-Rn C. DARLINGTON, OKKIC-i: l\ NOnTIl ^CEETt STtlEUT. ThcEXAJIINEB & DEMOCRATIC HEEALD is published weekly at two uollabb a year. Advertiskmknts not exceedinE; one square willbe tusi-rt.'d three times for one doUar,ftUd twenty- flve cents willbe charged foreach a-lditioniil insertion, A liberal discount allowed to thf fvadvertising bytbe year. DavidGeoree BlockJev.sctafiide hy the U. S. ] Kobtnt Smith. Adams—not rhullenged by ¦ did not consider oer ae suflBcicnt to exclude bim; , . .R. • . , 'nL;!- tin do I aefendnnl r».,nn»;«.... ....i-.,.i i,.,—.,,^.,1/..-it >. .• ,1 »¦ ..1 1 »• i___» .. _;.i.j i.:- The Christiana Treason Gases. SECOND DAY. U. S. Gin.UM-r CoutT,—Judges Grier and Kano.—Thc Cour. met Tuesday morniuir at 10 o'clock. Aa wag the case on Mouduy. the court room and the avenues lending ici it were filled at an early hour. What was tc;ircely in ''C e.v- p«cted during this trial, there were ' ".' 'ew white females and culored poppIc present in the court room in the mo^li^•,^ aitliouqli a num¬ her ofthe latter were in the eutry ucar ihc room, nnd in thc nassanc wav ilirui.frh the irst story. We observed one ven/rahh^ U-.nker Indy pres- cm, whose name wro.tilitno. je.irn. I ol.cc of¬ iicers weic Jigaiu sKitinnrd a. lho foot of he mairway, whu k.'i" I'^-r*''"' "'^"'' ""'^ P^vcntcd arushupioihe f*nirl r.ioiu bers ot t" ,tlie9c relatives At the was cixWi nbspi'i oil rof ci'ur,-^' impi A very few mem e .^ot'ieiy of Trieuds were present, and wrn* jirobaldy the personal fiiends and ,i Cnstnt-r llauaway. ijiiMiiiii,'of the Court, ilic list of jurors [L mid several gcntleiiien, who were .¦\Inud;iy. answered to theirname3,and were not subjected to the fine of SlOO M'd by lhe Court upon all who should not ::r t'y ye.sierday, unless delayed hy sick¬ ness, or unavoidable circumstances. David Cockley, Lancnslcr; Abnn. R. M'il- vain, Chester ; Isaac Myers, Schuylkill; Solo¬ mon Newman, Pike; Peter Adams, Berks; Huhi. Butler, Carhon; Peter J. Michlcr, North¬ ampton, failed to answer. The Ime of SlOO was marked against the de- fuuhingjurors named above. The District Attorney stated that Jic desired 10 call hia list of witnesses, to see who were present and who absent. Tlio list was called, und a large majorily did not auswer to their names. Mr. Ashmead snid he would now arraign Cast¬ ner Hanway. J, M. Readrcnrarked that he was not goingto move to quash ihc array of jurors, but lietliouylit this case ouglit to stand upon the same law a,-; the insurgents stood upon in IIV'J. Tiic act of lS-17 has taken this ^tatc our of the genera! rule, and turns us hack upon iho Stn'e lawof nS9. The poim taken by .Mr, Lewis in the in¬ surgent cascs wa.s, iliaflhc panel, whicii consist¬ ed of IOS, was 11.1! in accordance with law. He aupposed that there w'ixp an indictment iu each county in that ca^e; aud that (iO were summon¬ ed on the general panel, and I'.^ from each counly in which the indictment was laid. The conr. tliere sam-iioned .impanel of 7"2 only- Mr. R. then road from ihe act of 1~S3. He thought it his duly to read the act of this time, that the summoning of IOS sliould not become a prece¬ dent, and he submitied whciher this was to be¬ come hindinfr. In the cnse of the insurgents, the panel con=istcdof 7'-', and lhe numher of tO. to wliich tJiey uiight have gone, was not exceed¬ ed. Judge Paitcr=on, in deciding this case, went as far as language could go, to show that it had no application 10 the law of 17S.'i. We there¬ fore are thrown back upon the Cummon Law of England, as prnciiscd in tbe trial of Horne Tooke, where 22S jurors were summoned, or as inthe Irish St.iic Trials, where SOO were called. He admitted that those siatutos did not apply to criminal eases. The decision of Judge Patter¬ son was to place the Couri in the same lighl as the King's Bench or the Oyer aud Terminer, wher-^ 1.500 juror? have been summoned for u challenge ol H.>. Judge naldwin luis decided that the U. S. District Altorney cannot chal¬ lenge peremptorily, hut may challenge for cause, witliout bhuwing his cause uTiiil the jianel is e.vhausted, the juror being set aside. By this means the Distrxt Attorney would have his own jury, and he did not wish this as a prccedenl in the other case, Ile wLshed this lo .';iaud aloue. He then read from Siatc Trials to sustain bis viewa. If this wae adopied, he could soe no limit tothe District Aiiorney'schallensc, Burr's trial was referrid lo, to show iliat additional ju¬ rors couhl be taken even in tbe case of ^ Grand Jury. He sulimiiicd ihc matter to ibc court for their action. District Attorney Ashmead remarked, tbat tlie remarks of Mr. ilead were irregular, as there was no moiion helore the court. He, I\Ir. A., had asked that the prisoner be arraigned. Ifthe counsel forihe pri.-oner would move to quash the panel, lbe United Sratex would agree on their part. Tbc number ot jur-us Minimoncd does not agree with ibc order of ibe cuurl. as not less than IOS were I..1 be sumninned, and IIG were called—nol less iban l'i were to bc taken from Lancaster coun;y, whereas lii wcie culled. The act of CoiigrL>p ,-ne:iks of ijti.ililie.uions and not of numbers. Hc, Mr. A., named tu proceed according lo biw. 1 Mt il liif counsel for dcfcn dant ihink it wron:'. hc would agree to qua.'-li. Judge (Jrier—There is no motion before the Court, Mr. Co'-ipcr a.'-ked il" ihe opposite counsel in- lended to move to iju.isii. Hc would agree. TJiaddeu.-^ .Sieveiis s,iiJ. if ihe Unitfd Staie.c would aL'ree to admil the delendant to bail, good and sufiiricnl, and have the trinl lake place in the connly ot Laneaster, he would move tbe quashing of the array of jurors; if not, he did not wish it qunsbcd- Mr. Ashmead said he did norwish to violate the iaw hy admitting to bail ina case of treason; which was not a liailable otrence. Mr. Stevens thought it requ red a violent pre¬ sumption to make ibis appear. I\Ir, Ashmeiid tbougbt it a violent presumption to sny that a defendant might bc admitied to bail, where a Grand Jury had found a true bill for murder and Ireason ngainst bim. Castner Hanway wns then arniigncd, and lhe Clerk of the Court read from the bill ot in¬ dictment, the oifeocc charged, to whicli the pris¬ oner pleaded not guiliy. The prisoner was ac¬ companied to the place where he stood to plead, hy his wife, who clung to lii.'i aim. The clerk asked liim bow he wouid be tried, stating at the same time that it was a matter of life and death. Hanaway replied, he wnuld be tried hy Gnd and his couniry—from which ihe clerk wished him a safe deliverance. , The first juror called was .Solomon Newman. The prisoner was told 1,1 look upon him, nnd say wheiher be challengcti him or not. His counsel, alter consnliation. said—not challenged. Mr. Ludlow, for ihe United States, said he Jmd a series of fiuesiions hc wi.^bed toput to encb juror, afier he bad been passed upon, and accepted hy the prisoner. They are as lollows: 1, Have you any conscieniiousscruplesupon lhe subject of capital punishmenis, so tbal you would not, liccause you conscientiously could not find a veiiiici of ireason, death being the punishment, thuugh ihe evidence required such a verdict ? 2. Havc you e.\pre?scd or formed any opinion relative to the matter now to betried? Are you sensible of any prejudice or bias ibercin i 3, Have you formed any opinion that tho law of the United Stales, known as the Fugitive Slave Law of L'-'-'-O, is unconsiiiuiional, so ihat vou cannot convict a person iudicied under ii ibr that reason, if ilie facts alleged in ihc indicl¬ menl are proved, and the Court hold thc .Statute to be Constitutional I 4. Hnvc you formed or expressed any opinion ns to tbe ^uilt or innocence of the accused, or of the other persons alleged to have participated Tvitli in ilioolH.nce charged against him in the in¬ dictment ? These questions gave rise to a long argument. J. M. Read said there appeared to be a nest of quesiions which might very well be confined in one general question. He took ibcm up one hy one, and commented upon ibem. To the one in reference to the consiimiionaliiy of the fugi¬ tive slave, law. Mr. Read said he nor his col¬ leagues intended to assail ils consiiiutiunality,— liut aa the Circuit Cuurt in Bosion decided that jurors in cases of life nnd death were not to be judges of the law and lact, but were to bave notliiiiL' to sav upon tbe law—he \<i'ished lo avoid ^liis quesiion. a.q it was not in cunformiiy wilb tlie ta-.vs of Pennsylvania. According to the ruliiiL' in the Boston case, it may be the law there, but it i.-j not here. He therefore objected to the way the queaiion is put. Mr. Ludlow, lor tbo United Siates. said they wished to preserve the trial liy jury in its purity, and prevent person.s gelling inlo thejury bo.\ wbose iniin!.=; h-.r.'e detcrmine'il lbe naiure of the offence m advance, in.in prejudice and opposi¬ tion to a paiii.-.dar lav.-. ]f a question is asked a juror, whciher h..- has made up bis mind as to the guilt or innocence of n prisoner, and hc was to reply that he thoughi him guilty, he certain¬ ly would not be permitied to go hito tbe jury bos to try tbe case Tudge Grier said—It was the vngucnc" of the question that was obiccied 10—as it now Blood, it v.'ould be difilcuh l.;r uny one to answer - 'lucstion Mr. Cooper replied, that it was tl put in the Shadraeh case ; but they bad no ob¬ jeciion to modify tbe question, and make it more specific. I Mr. Stevens asked the counsel for ibc United 1 States to turn his attention to another point in the objcciicn—and that was, whether it was not their duty to challenge first, then, after the prisoner had decided as to his own challenge, whether thcy (tbe Uniied Slates) were not pre. eluded. Judge Grier.—So far as my experience and that ol my broiber on the Bench go, the praclice is !i3 we nro now proceeding. J. Lewis, for the prisoner, said his practice and experience were otherwise. Mr. Conpcrrcmarked—Thatthe United States had-no challenge, but a conditional one for cause, and therefore could nol challenge firal. Disi, Attorney Aahmcad read ihe law as^aid down by JudgeBaldwin, in the case of Poner and Wilson, in refetence to challenges, and whose duiy it was first to challenge. Mr. Ludlow went on to argit3 the propriety of the question put by him to the juror. He said it would- be a jafcc in the trial to allow a juror to gp •"'o.tjiG jury box, whose opinion is, that the fugitive falavo law is unconstitutional, and that no muner what act is commitled in the counly ofLancaster, it will not amount lo trea- Bon. Judges Grier and Kane took the written ques¬ tions lo examine, and after consultation, Judgc Kane said iliat he was requested by Judge Grier 10 say, that it was due 10 the prisoner, us well aa to the purposes of justice, that, as far as pos¬ sible, the jurors to try this case Bhould ho with¬ out bias. That the ofienco charged consiattKi of two elements, the act and the intent of the act; nnd therefore it waa proper to know the cfi'ect deducible from either on thc juror's mind. The questions were Elightly modified. Solomon Newman, of Pike, set aside lor tho present &i tb« suggefition of the United Statei. Jonatha^'^^ainw^ig"^lt,'' Philo- /^ , ^ ¦. Erskine Hazzard, cTiallenged by defendant. I JobnMiller, Berks, do do Ephraim Fenton, Monigomery, set aaide by U. StatCB. . , , , ., Robert Walsh, Phila.. had read the papers about tilts cnse, and had formed his own conclu¬ sions. He was challenged for cause. Mr. Cooper thought sufficient cause had not been shown by tho answer of lhe juror, to dial lenge him for cause. He quoted the case of Aaron Burr, and tbe decision of Judgc Chase in thc case of Callender, wbo was tiied for libel, in thc latter of which the juror eaid that hc had made up his mind that the book was a libel, but he did not know that Callender was the publish¬ er. Tilis was not sufficient to excuse the juror in that case. Jtidge Grier said—Tho quesiiun was whether the juror had a sufficient bias to exclude bim.— 'I'be Court thought not. At this time every great crime is published fiom one end of the land to the other and read ; and he had no doubt that ii every one whoread the newspapers aboul it were asked, ihey would say ihey bad made up iheir minds. No jury could be had in that case, except ofthose who were either blind, or rould not read. Another question could be asked the juror before he wns rejected, as follows—if he has formed an opinion that llie transaction with wbicii the deft, is charged, is treason, and the person on trial was connected with it. The juror replied, thai he had read the cbaree of the Judge tothe Grand Jury, and thought tbe act was treason. Rejected for cause by delt, Janies Cowden, Lancaster, not challenged by Jefi,—set aside by tbe U. States. Robert Elliott, Perry, not challenged hy deft, questions read to him by Mr. LutTlow tor the Uniied States; ho answered all the quesiions satisfactorily, and was sworn as a juror—tfic first onc empannelled John Reynolds, Laneaster—Had in conipany spoken of this case, and bad expressed an opin¬ ion tbat the white persons, ifany were engaged, were more culpable than the slaves; but had isxprcsscd no opinion as to the guilt of the deft. In answer to another question, he answered ifiai his mind was in doubt as to wheiher this act was treason; hut ifit was not treason, he could not see how treason could be committed againai thc United States by levying of war, because ilie United Slates would nol permii a large ar¬ my 10 be mustered. .Mr. Sicvens said, by his answer, the juror had .iliown liat he was not competent to be sworn. Dist. Att. Ashmead replied to Mr. S., and ar¬ gued that the juror had expressed an opinion on¬ ly of the transaction ; but had not said that the defendant was one of the guilty party. Hc had not .^aid that he would noi take ihe opinion of lhe Court as to what the offence is. Judge Grier said—As to whether the olTence is ireason or not, ihc answer is just auch an one as he would give himself. The juror again reiterated what hc hod before said. Mr. Stevens tliought bias hod heen shown by his answer. Judge Grier remarked—Thai he understood the juror to say, that hehad not mado up his mind as to the nature of the ofTencc. Mr, Cooper replied—that tbe juror hnd said thai he was open to take the opinion of the Couri as to wheiher the offenco is treason or not. Hc would like thc question settled now to prevent delay hereafter. J. M. Read thought that ifthe words used by the juror were taken together, tbey would be lound to amount to an opinion that the ofience is treason—ihc words thai the white men were the most guilty, sho%ved a bias Disirict Attorney Ashmead remarked that the juror said, if any were guilty, tho whiio men were the most guilty. Judge Kane said—Tluii an opinion by the ju. ror as to the character of the olltjnne is not, of itself, sufiicieni to disqualify him Irom serving, fhe is prepared to lake the characier of the ol¬ fence from lhe Court, and is instructed otti wise. Judge Grier Uioughi thisanswer only amount¬ ed to the degree of moral guilt between ihe ig¬ norant persons engaged in the crime, and the leHigcnt ones. Challenged by deOs, John Horn, of Philadelphia, had expressed an opinion that the act did not amount to treason. Stevens—Would you alter that opinion, ifdi reeled otherwise by ihe Court ? . Juror—If the Court would make the caie quite clear, aud sniisfy my mind that I was wrong. I would, Nol challenged by defendant, but rejected for cause by U. S. James Wilson, of Adams, in anawer to the questions read 10 bim, answered that na far as his judgmenl went, he would support the Con¬ siitution ofthe UnitedStates. He wassworn as a juror 10 try the cause. Jobti Kraus, Lebanon, in answer to the ques lions, replied that hc would be governed by tbe testimony and tho law, but is oppoaed conscien¬ tiously to capital punishment, and would not like to serve where ibai would be the penalty. He was not challenged by the defendant.— Set aside by U. S. Samuel .Small, York, in answer to the ques¬ tions, said that hc bad formed and e.vpressed an opinion from reading tlic papers, thai the of¬ fence was not ireason, but il might be altered uther wise hy the court." Challenged by the defendant, but challenge subsequently wilhdrawn and sot aside by U. States. Caleb Cope called, and did not nnswer. Or¬ dered to be fined SlOO. Thomas Connelly, Carbon—anawered satis¬ factorily all the questions, and was sworn. John G. Watmough, Philadelphia—Answer¬ ed, thnt hehad formed an opinion, and tohis fellow cilizens had expressed himself decidedly againsi the whole matter. Challenged for cause by defi, and rejected. Joeiah Rich, Bucks—Not challenged by defi, but set nside by United Stntes for the present. Maiiiiias W. Baldwin. City—Not challenged by defi, but set aside by United States. George Smith. Delaware—not challenged by deft, but set aside by United Statea. Solomon Diller, Lancaster—not challenged by deft, but set aside by United Stales. Evans Rogers, Philadelphia, hnd formed and xpressed an opinion upon the subject. Chal¬ lenged by deft, and rejected. Jacub Dillinger, Lehigh, was called,and slat ed that be was laboring under severe indisposi¬ tion ; was excused for lhe term. Iluyh Ross, York—Challenged by deft, and rejecled. John Rupp, Cumberland—Is* an Associate Judge, flnd asked to bc excused, aa he hus to hold Court in two weeks. Not excused, as this cause will probably be finished at that time. Hc then said, that he could not go for death in a causo like this. Challenged for cause. Mr. Stevens said thot the juror did not aay that he was conscientious generally in reference to lhe punishment of death. In answer to a question by Mr. Lewis, the ju¬ ror replied, I am against it conscientiously. Mr. Stevens—he does seem to lean that way. This caused a laugh. Juror excused for the term. Andrew C. Barclay, Pliiladelphia, challenged hy deft, and rejected. Robert Ewing, Philadelphia—challenged by deft, and rejected. Jonaihan Cook, Lehigh—had formed and ex¬ pressed an opinion. Challenged for cause by de- i'endani. John Smilh, Montgomery—said he might have formed some opinion, bul had not expressed any —ihinks the offence is Ireason, if the facts stai' ed in the papers are proved j but has not express ed an opinion as to the guilt of the prisoners. Challenged by defendant for.cause, and the chal- lenae objected to by thc Districi Attorney. J. Lewis, for the defendant, tead a decision to show tbat where any bias whatever appeared by the answer, the juror was to be excluded. lie was not to go into the jury box to decide n cause, v.hen ihat bias was to be removed,— The slightest prejudice was enough to exclude, and ibnl prejudice need nol first bc proved. J. M. Read said—that a juror was to begin a cause with a proper mind, and not wail to have a bias removed in the jury box. Mr. Cooper said—If this challenge ia good, it will bea challenge to every man's intelli¬ gence, who forms a proper idea of what the na¬ ture <if an offence is, that he sees published. Judge Grier asked Mr. Cooper whether ifthe answer of 'he juror had been the converse ol what it is, he would not have objected, and have said the juror oughl notto sit upon thejury. He had read some papers, but wouid not say whether ihey were religious or sectional, in which the whole law which governs this case, is settled about as learnedly as most paper disqui¬ sitions upon the law are. Mr. Cooper replied, that if ibe jnror had said that he ihoughi ihe crime was not treason, bin would receive the instructions of the Court oth¬ erwise, they {the counsel forthe U. S,) would deem him q good juror. J. i\r. Read said that it was a very difficult mailer to fmd a decision that would govern eve¬ ry particular case. He then read from Burr's trial, in which n great number of challenges were made, to show thai a juror who had im¬ pressions to remove when hc got into the jury box, was not a properjuror. H the negative of thc question had been put, and the juror exclu- I ded upori his answer, he should also be exclu¬ ded where ih& affirmative is put, and answered as this juror has answered. Ho wanted to go to trial wilh a jury perfectly unbiassed in favor of tliG United Slates, orthe prisoner. Judge Grier—If a person saw his neighbors bouBR broken open, and should say it was bur¬ glary, it would not be a reason for his exclusion as a witness. There was one difficulty which sirurk his mind, and that was, whether the in- teniiiin of thai whole company was to oppose the Government of the United States. This was a question for thejury '0 determine. Challenged for cause by the defendant, and challenge Busiained, Juror excluded. John Clenderiniu Cumberland,—answered that he had not made up his mind as to thc crime or guilt of the prisoner. Challenged by defendant and rejecled. Peter Marnn, Lanrasier-not challenged by dcfenaant. liuestions readto him by Mr Lud. low, for the United States. Juror answered, thai from whafhe read, and the action taken by the oftiif^a of the United Slates, ho ihought the ofience might amount to treason. Hr had not made up 'i^ mind that the law was unconsiitu- tiona!. S A rn asa juror. Thomas^. White, Philadelphia—had formed and expressed an opinion, and was challenged by defendant for cause George G.B: "^ ' defendant, Leshcr Tresler, Lehigh—not challenged by defendant, but set aside by the U. S. Attorney. Sketchley Morton, Delaware—not challenged by defendant, but eel aside by the U. S. Attorn- ev. ' Samuel Yohe, Northampton—had read about the case, and made up his raind as to the char¬ acter of the offence. Challenged ior cause by defendant. Matthias Richards, Berks—had not made up . hia mind in any way. Ch&tUnged by dafondant. Questions nskt'd by counsel fur U. g,, and answered s-itisfaciorily. Sworn as a ju¬ ror. Marmaduke Moore, Philadelphia—hnd not made up his mind upon anv point. Challenged by defendant. At thi^ point of lime, brini^'.ifter ilirco o'clork, P. M., lhe Court suggesieil an adjournment un¬ til nine o'clock next morning, when they should sit until half past three o'cluck. This wns opposod by counsel for dcfmdaiu, who said they would find it diflicult to get iuto coun ni nine o'clock iu the morning, as ihey would have to sit up 1.11 niglii 10 pn.'parc ilieir cause. Jiid'M! Grier ibeu sugncplrd from 10 to H, and from .T to 'J o'clock in the evening. This was also objected 10 for the present. Tlie Courl then necumniodaled counsel as 10 next duv, and conlini;d ihe .-^rs^ion from 10 to ^ o'.^tock. Five jurors only wore empannelled. Thej had pcrmi^-'siun to separate, biii wen; cautioned againsi uUowiugany person lo i-peak 10 ibeni, eiiher as 10 ibe law'or lhe facts. Judge Grirr reque.-lcd to be informed if aiiyanempl tospeak to them upon ibe subjecl was lunde. The Conrt ilion adj.'unu'tl until next morning at lOo'clock. 'I'be (luestions lu be propounded lo ihc juiorfi by tlie District Ailorney, us tboy were called, were nliered as follows, in tlic second, llnrd and sixth iuierrogaloiies; 2tl. Jiavc you tornied or expressed an 0]iiiiion relative lo tlie matter now to be iricd / '.iJ. Are yousiMisible of any prejudice or bins ihereiu, as lutiy afiect your action as a juror I tilh. Have ynu formed an opinion ihal the law oftlie United Slates knownas ihe Fugitive Slave Law of 1^50, is uncuiistiniiioiml, so that yuu cannoi for ih.u reason convicl n pcr,-=oii indicted tor n forcible resisiai.ce thereto, if the farts al¬ leged in the indiclmenl nre proved, and tbe Court bold thc eiatuie to he consiiiution-1 ! THIRD DAY. Umnku Statks CiticuiT CuuuT.—Judges Grier and Kane.—W'rd nesd ay, Nov, 26—The Court resumed the trial of this case at 10 o'clock. The same anxieiy was manilested by the publiclo hear the case as upon the preceding days, and the Court room was again filled to overflowing at an early hour. Too much prai.'ic cannot bc bestowed upon the U.S. Marshal and Jiisgenliemaiify depu¬ ties for thcir unceasing efforts to accommodate all who desire to hear the case. The seating ofevery person who dctiires to be present, of course cannoi be accomplished; bul those who arc conipellcd to retire for want of space to pack their bodies, do so with Jileasant feelings, as thcy foel assured that every effort has been made to gratify them by lhe officers in attendence. The otficers connected wiili the .Marshal's Police force also aro very altentive. .ind keep excellent order in the pafsago \v:iys lead¬ ing to tbc Courl room. Thc prisoner yesterday, as on Tuesday, display¬ ed the greatest self possession during the selection of jurors, and tbe argument consequent upon their rcji'ciioii or admission lo try him. He is appa¬ rently about .35 years of ngo, tall, but spare in form and inclining to stoop a little. 'J'bere 'is a becom¬ ing seriousness in li:s countenance, but noihing like alarm or IrcpiJalion is visible. When c:i!led upon to look at the juror sumuionej to try him, he does so with a lirm and inquiring look; but never determines upon his admission or rejection untii hc has consulted Thaddcus Stevens, Esq., who sits immediately at his side. Upon Mr. Stevens' iudgcir.cnt or knowledge of lho juror he seems to rely implici-.ly. The jurors summoned from Phila¬ delphia City and County are generally challenged by the prisoner, us jirohabty the reader will have perceived by the reports of the trial. This may arise from tlic supposition in themind of his coun¬ sel, that people in Philadelphi;i have becn more affected in thtir feelings by the elaborate reports, and remarks tbereon, of tlie jirimary hearing; which tool: jdace in Lancasier county a few days lifter the occurrence, whicb is lbc basis of this trial, than persons from distant counties. The following are the names of llie juror.-? eiii- pannclb-d yesterday.—Robert Elliott, of Perry ; James Wilson, of .Adams; Thonins Cfuinnlly, of Ciirbnn; Peler Marlin, uf Lancaster, and Robert Smitii, of Adams—;"> Eight jurors where challenged peremiuoriiy lr,- defendent and elcfreii for cause, Thirteen were set aside by the counsel for t!ic Uidted Slates. About the same number of ladies were present to day as on Tuesday. Al the opening of lho Court, Judyc (Jrier in¬ formed the counsel engaged in the case, tbat a number of jurors had heen challenged for cause, that would exclude tbem from every jury in tbr trial of these cases, and ns it is hardly worthwhile to keep tbem here from their fimiltcj, if there was no objcrlion, he would discharge ihcm for the term No objection heing made thcy were (li.-Jcbargod. Mr. Brent, Attorney Geiicral of .>[ary!aud,- wa-' admitted lo practice in lliis C'ourt, Caleb Cope ajij'Oared yesterdav morning and made a stateuient to tbc (lourt in relation to bis non-attendance on 'J'ue~day. 'J'he fine nf ifi IOO was released, and Mr. Cojie excused for the term, Peter Adams was excused for the preseni, mi account of sickness, and the fine of -^tOO for non- I attendance remitted. On the calling of the roll of jurors, Robt. Bnlli-r. Abraham M'llvain, Peter S. Miihler nnd Isaac iMycr, failed lo appear, i*eter S. ,Micbler was cx- cuseil until Decemlier Slh. nnd fiiu: remitted. The names of the five jurors were called wlm were cmpanelhd yesterday, and thcy all ans-.vored and look thoir s'niU. Joshua Elder, of Daupbii), inii challenged bv deft, hut .'¦et aside by coun.sel of lhe V. S. lur the present. William Watson, of Bucks, not chullenged by deft, bul set aside by counsel tor l.'. S. for tlin jire¬ sent. John T. Biizhy, of Bucks, bar* e.vjircsjed an opinion ofthe matter uow to he tried. Chullenged for cause, by delt. Wm. Williamson, of (.Cbester—bad not exjiress- ed an opinion or made up lii.s mind upon the na¬ ture ofthe ofl'encc charged. Cballenged jiorcniji- torily by deft. Philip Smyser, of York—Ihe first question was put, when Judge Grier said, that that question mightbe stricken out altogether, asil diqiendpd upon those which follow it. Mr. Stevens thoURbl so too. Mr. Smyser, tbc juror, then said, wben anoiher question was put to him as to tbe nature of the of¬ fence, that he had made uji his iiiiiui wheiher il was treason or not. Rojecied. Fred. Hippie, of Lancaster—set aside by couu¬ sel of United Slates. Levi Merkle, of (yuinberlaml—nul ch.Tllenged hy defendant; sel uside by counsel of United Slates. James Harper, of Pbilada.—had read the news¬ papers and had arrived nt Ihe conclusion lbat the lows bad heen violnletl, and if lbe jicrsons coiihl be discovered they oughl to be punished. Judge Grier said this w.is not sufiicient cause to reject. Challenged pereriijiiority by deft. Paul S. Pre.ston, of Wayne, not challeiu^ed In- deft, bul set aside by counsel for IJ. S A difficulty here arose as lo how many jicrem- tory WiaJIcnges were mnde by deft^lhc (7. W. counsel contending that len had been challenged peremptorily, and the counsel for deft, asscrliiig thai it was bnt nine. On coinjiaring notes, it was di.-^covertd that the U. S. counsel were right. Edward Davies, of Lancaster,—not challenged hy defi—hut set aside by U. S, counsel. Moses W. Coolbaugh, of Monroe—Had ex¬ pressed an opinion when he read the account in lho papers, that it was a great outrage upoii the comniunity—bad not made up his mind ujion Ibe othor cjucstioiis. Challenged iicrcmpt'irily by lhe pri io ner. David West, of Chester—Nut challenged by deft, hui set aside by U. S. counsel. Daniel O. Hitner, nf Monti^'omcry—Mighl have thoughi soniething about wbolbrr it was treason, hul did not know tbat he had made up his mind about it. .\ftcr considerablo consultation between thc de¬ fendant and his coun-^el, thejurnr wa4 challenged iiercmptorily. Vv'm. \l. .Sadler, uf ,\i!auis—Xot challenged by defendent. Qucslioncd bv Mr. Ludlow ; be an¬ swered satisfacturily, and was sworn to try the case. Tllis makes the sixth juror empannelltd. James M. Hopkins, ofLancaster—Not challen¬ ged by defendant. (.Questioned by Mr. Ludlow; he answered, ihal be had not any conscientious scruples asto cap'tal jmnisment. This was lhe oniy quesiion asked him, and hu was sworn to try thc cause—making seven. James Whitehill, of Lancaster—Challenged peremjilorily hy defendent. George A. .Mnileria, of Franklin—Notchnllcnged by defendant. Wet nside f^jr lhe present by coun- Eci for U. S. Wm. H. Keim, of Berks—Not challenged by defendant. Sot aside by counsel for U. S. Wm. Stevens, of Bucks—May havo formed an opinion by reading the nowspajiors, but nothing as to whether the defendant ia guiliy—^did not see how a person could help forming aome opinion.— Challenged peremptorily hy defendant. John A. Brown, of Philadelphia—Had read tho newspaper, and ihought the pereons engaged in it were guilty of a breach of the peace; he would take the nature of the ofience from the Court, as ho waa not competent to judge, ofihe offence.— Challenged hy deft, peremptorily. Hartman Kuhn, of Philadelphia—Had formed and expressed an opinion as lo lho matter. Chal¬ lenged by defendent for causo. Martin Newcomer, of Franklin—Had formed jin' opinion upon this subject. Chaltenged.for cause. Judge Grier said—If they chose to ask other questions, they could do so; but lho Court would not interfere, if both sides were afraid ofhim. .i^m*,. , Mr. Stevens—The first question is enough. lh, Lancaster—challenged byl Gen, " ' ' " -^ ^ some opinii prisoner. ly- Mr. Ludlow called, sary, and Mr. ~ lowed ten ged to recall Judge Gti«r Hid—That the jnror^a ancwsr ho ' but he had refused the defendant to withdraw his j challenge, and could not allow itin Ihis case. Robert Paiterson, of Philadelphia—had read the papers in reference to this case, and had thought much upon it, but had not mado up his mind, whether tho offence ia treason. Ha would take that from tho Court, as tbey were much more ahle to determine ihatr question Ihan ho was. Chal¬ lenged peremptorily by the defL Andrew K. Witman, of Lehigh—had formed some opinion as to wheiher it is treason or not.— He thought it was a similar case to tbat ot Rea Republica ngainst Frees. Rejecled. Mr. Cooper thought the answer was not suffi¬ cient. The juror was recalled. Mr. yievcussaid, ifthe 3d.question is tn qualify all the otbcr.'j, there is no need of putting the others. 'I'hey arc mere tautology, 'j'he juror has 3:jid that he looks upon the Christiana atfair aa like Frees* caso, whicb was declared treason. Judge Grier said, if he had mado up his mind tbat il wss not treason, he would not be qnalified ; thereforo. if be has made up his mind the other w.iy, hi" i« equally unfit. Judgc Kane—It may be neceesary to modify our previous ruling in thid case, if we are to tnke jurors who have read all about this case, it may be indisjiensible fur the furtherance of justice, that jurors sliall he eniirely free from bias on either side. Mr. Read said, that tha juror's answer was stronger than if he had said hc believed the offence treason, for then he might have been asked what bc nieaiil hy treason ; but he here statea tho caae nf Prees, wbo was notoriously convicted of trea¬ son, and jiardoned. Judgc Grier said—that some newspapers had attempted lo declare the nature of this offenco in advance. The Post Office had been filled with papers from the Athens of America, as she calla lierself, to which this whole case is settled, for which he did not thank her. If this thing was persisted in,hc would have lo instruct thejury not to look nt papers from that quarter. Mr. Stevens—I hope your honnor will direct them not to look at missives from that other quor- Judge Grier—I have not seen any. Mr. Stevens—I have, hut they havo not con¬ vinced mc any more than the others have your Honor. Michael Jenks, of Bucks—Not chaUenged by deft., but set aside by U. S, counsel. - Duvid Cockley, of Lancaster—Had formed an ujiiiiion. Challenged tbr cause by deft. James I'enny, of Lancaster—Not challenged by deft; set aside by U. S. counsel. Ferree Brinton, of Lancaster—Not challenged by deft,; set asido hy counsel of U. S. Patrick Brady, of Philadelphia—Had made up his mind that it was a greot outrage against thc laws. Challenged peremptorily by deft, as the Courl did not think thia answer sufficient to chal¬ lenge fur cause. Jobn O. Deshong, of Delaware—Challenged ami set a^ide. CJeurge Marks, of Lebanon—Challenged and set aside. Strange N. Palmer, of Schuylkill—Had'conaci-^ eniious scruples again=t capital punishment, but,; would not violate his oath after he had volmilarily taken it. He had published rauch as an editor of a piper, bul had not made up his mind upon this case. Considerable ditficulty was experienced to get out of hhn wbat be meant by a voluntary oath. Set aside by counsel for the U. S. Franklin Siarboard, of Franklin—Not challeng¬ ed bv deft., but set nside by counsel for the U. S. Isaac .Mather, of Montgomery—Not challenged by deft.—set aside hy counsel for U. S. Levi Markle, was called a second^timc. Thc Ci'erk said he called out 86 when he should have called 08—hc had rend bim upsido down. Mr. .^tevoii-s—you had hotter mako him right Ihen, if ytui have got him upside down. John B. Rutherford, of Dauphin—not chal¬ lenged by deft.—set aside by counsel for U. S. Diller Luther, of Berks—had formed no condu- sivo opinions, but impressions had been made upon hi.-; mind which hc had slated. Challenged peremp¬ torily hy deft. James Gowen, of Philadeljihia county—may have cxprofscd an opinion ns to the attrocity of lhe act, bul not as to the guilt of the prisoner; bavo not come to a conclusion that the act i? trea- .sun. but bave niy imprcs.'iions about it. Mr. Stevens—have you expressed nn opinion lis to ils being treason 1 Juror—I have not. Challenged by deft, pe- romploriiy. Divid Lyon.', of Delaware—had expressed an unfivor.ible opiniun as to the course of the persons engaged in llie iict. Mr.btcvens askeu tbat ne mightbe set aside. Mr. Ludlow asked him other questions, which were answered negatively. Mr. Ludlow said he was a competent juror. Mr, Stevens—hc has shown prejudice in his an¬ swer, by saying hn had an unfavorable opinion of llie gentleman engaged in that particular act. Mr. Read took the aame view of the answer, id said that he had not only thought so himself, it had expressed it. JmliieGrjeri'.Tii]— Tbe expressions of an opinion as to liie grade of an oftcnco, was not sufficient to excU'd-.'. Ilv. did not think it sufficient to chal¬ lenge for cause—ns in that case you might chal¬ lenge every man in the coinmunity. Challenged prerenijitorily by deft. John S. ydtroedcr, of Berk-i—Answered snlis- laciorilv all the questions. Challenged prempto- rily by'doft. Jacob Grosh, of Lancaster—Not challenged by dcfcnfiiiiit; set asido by counsel for U. States. John Junkin, of Perry—Not challenged by (left—(Questioned by Mr. Ludlow—Had read the publications, but bad net formed or expressed an ojiinioii—would take lho law from the Court whe¬ ther the act i3 treason or not. - Swore to try the cause—-making the eighth, Jacob Kechline, of Northampton—challenged prcromploriiy by deft. George Lndly, of Chester—not challenged by defendiuit—set aside by counsel nf U. S. John H. Kinnard, of Chester—had not formed any opinion about the matter. Not challenged by deft; not set aside hy counsel of U. S. The Clerk gave notTce tnat the panncL was-ex¬ hausted. Mr. Ashmead said, that but 82 had been called, and thero woro mora than that number in nltendiince. The Marshal said that 83 were in alleDdance. Peter Adams, of Berks, who had heen excused on account of sicknesa juat at this moment ar¬ rived. Win. Stovely, of Bucks—had not made up his mind upon the subject. Challenged peremptorily by defendant. Peter Adams, of Berks—said ho was subject to a chronic cough, which affected him if ho walked a single equare. Excused for the term, and the fine of *I00 remitted. The absentees wero then called, und are as fol lows: Robert Buller, Abm. Mcllvaine nnd Isaac Myers, neither of whom answered. Thc first juror Who was set aside on Tuesday, was then called, and tho others in their proper or¬ der, and are ns follows— Solomon ' Newman, of Pike—Questioned by Mr. Ludlow—had not made up his mind upon any ol the questiona aaked. After consultation among the counsel for the United States, the juror was directed to be sworn. This makes the ninth. ¦¦ David George, of Philadelphia county—had conscientious scruples against capital punishment. Challenged for cause by V. S. ¦ Jonaihan Walnwright, of Philadelphia cbunty— Exprci-sed an opinion at the time the offence oc¬ curred ; and-thought tho parties ought to be pun¬ ished, as it vvas a great outrage; hut had not made up his mind upon the questions asked. Judge Grier—Swear the juror. J. M. Read—He wanted to know whether thoy had woivcd their right to pereinptory challenge, I where a juror had been tst asido without lheir having challenged him. Judge Grier thought lho party had the right to elect him as their jurer, when called, and had not done so ; they iherefore had exercised their right. The juror sworn to try the case—making the lenth. Ejjhraim Fenton, of Montgomery—-is opposed to capital punishment, but would be willing to do his duty -.r b.f lb'- ....¦'¦t:t;c.- cj" iu".'"oi.r- laketho --..i'll-. ' •-'¦'¦ ''¦ '*¦¦"'¦¦" •'"^1'' ='•*: ^'¦•¦ maiter of Uvf. ¦ ¦ '<¦ '¦'¦ '¦!> li" • ^v.-c 1 eleven. Jarae-i C'^.-'ici.^ l-i it:;r,i.'"" " '¦¦¦' -- thing id iciVr;'ac' 1^ *'¦¦ - v ¦¦». ¦: bod not ;ii-id( ";• '. Tho.:.-..ii!S.>' !.::_ -- _ when Vxr ' ¦..,.¦'.' ; another -fi.e-'-i'T -.. what hi' M'"'' '. . V . up his,n.i-..I ¦-'"ib^i-. :., ¦•>-^ '¦-"'':. that wai--«.'h;:Lh.;r ii^ ' ¦'^'^'n-.nni-' ¦>• ¦ nny perr.'.n- n r \-, ii-j C^mUsiit*., ¦.,„¦- .''he it! shonld be tried before iheybassed uponthe.law ; but now in eome quarters they attempt to settle the law, even in advanco jif the ewe being on trial. \ Judge Kane informed tbd jurron empanneled, that the Court had matle=a^ang»''»ents wilh_ the proprietor of the Aroericar^ Hotel, for a suit of rooms, where they could lakfe tbeir wardrobe, md make themselves aa comfortaVle as their situation* would warrant. "-^ The jurors not empanneled.wero notified that no list of Jurors would bccallul again before next Monday a week, and such as Hshed to return to their horaes or attend to their jespective buaineas- es, could now take the oppoTlu»ily. No fine would be imposod pr non-attendance at court up to that timo. ThiaSfave general satis¬ faciion to the jurora. 1 Tbe Court was then adjoij-nod until Friday morning, at 10 o'clock, when tUi twelfth juror will be sworn, and thc cause be faidy commenced. The following are the nam)i of lhe jurors to try tbis cause: ! Robert Elliott, of Perry. James Wiiaon, of Adams. ^, Thomaa ConoUer, of Carbon.; Peter Martin, of Lancaster. '¦ Robert Smith, of Adams. [ Wm. R. Sadler, of Adams. \ James M. Hopkins, of Lancaaor. John Junkin, of Perry. / Solomon Newman, of Pike, j . Jonaihan Wainwrigbt, of Phladelphia co. Ephraim Fenton, of Montgoriery. James Cowden, of Lancastef. FOURTH DAV. rne JURT KWoBPf [.v.—opc.vtjo srEKCiJ OF un. Asii3ik:Ari. : U.-viTKnSraTKS Circuit Coi:iiT.-—Judge8Gi'ier and Kane. The Court resuniwl the trial oftbe cuse of Castner Uanway, this inuming. Tim impreFsioii biw gone ubioad, that llio prisoner is a raembernf lhe Society of Friends, nad muny suppose, lluit ho apjieara in Court ar- r.iyed in the peculiur dress of that sect.—This is a great misiake. Hemay be a member of that resjiectuble body ofour citizens; butso far us hia external nppeurance wairaiitsau infer" ence, we should suy that he is not a member. He iedreflsed in afull suitof fashionable black clothes, with black ttilk neck handkerchief, and standing collar. His demeanor to day, was the same lis we havo previously described it—re- .sjjecifully aud reserved. A greut number of ladies wero iu attendance then on auy previous day, but thesame abaeuce ofcoloreil people was visible. - The cotut ruiim wus densely cr..wded, and overy iiveiiuB leading, thereto ' thronged with anxious but disoppointed persons. Notwith- eiunding this, themost perfect order aud de¬ corum WOB rauiiifesled by the trowd. Jamea Cowden of Lancastei- county, the juror who wna chosen on \Vedneaday,luat, but not sworn, wna culled uud sworn. . . .. ' The jurors to try Hanway stand as follows: Robert Elliot. James jy[i Hopkins, JiimeB Wilson, Johu Juiiklio I'homas Couuelly, their proviniouB can be altered. IfobnoxiouB acts of Oongress nvs passed tbey can be choBg ed or repealed. Hooctjihi-f deruodaot, if be has perpetrated the ofience charged in the in¬ dictment, has raised his baud without excuse or palliation against the pacest govemment on the face of the earth. He has nut uuly set its laws ot defiatice, by seeking to overlurn ifaem, aud to render them iunpuralivo and void; bat the con piracy into which he entered, assumed a deeper and more malignant dye, from tbe wantoo manner, in whicb it was actually con¬ summated. I alludo tu the murder iu which it reBufted. An houorablo and worthy citizen ot a neighboring State, whoeniered our Comtnon- weallb, tinder the protection oftho constitution and laws nf the Union, for the porpose of claim¬ ing his property uuder due procesa of law, was mercilessly beaten and niurdered, in conse- quenco of the acts ofthe defpiidmit and his ns Bocialea. U is n disgruto upon onr national escutcheon ; a blot upon the fair fame of Peun sylvania; and a reproacli which nolbing short of the conviction and punishment of the offeiid- erscan ever wipe out. Itis foryou, genllemen of lhe jury, to judge of lhe evidence which the guvernmcnt will submit in ihia cusa; and I need nut euy to you, that if it proves the de- feudant lo have been one of the actors iu the bloody tragedy of Christiana, that you will find bim guilty ofthe otfence-- I desire, bowever, in the course of my re marks to say nothing wbicb may be cslcnlnted in any way itmiecessartly toinflamayour mind.i against lho defeudunt. I-trust ho may bo uble tn conviuce yon that be bad no participation in the dreadftii trausactioua of the llth of Septem¬ ber, and thus rescue his bamo fromibenbloquy and infamy which would otbcrwiue attach to it. He has aright to demand a fnir and imjiarliul hearing at your handa, and a candid anddiepase- ionate euneideration ofthe teatimony which he may produce. Nay, he is entitled to even more than this; for every reasonable doubt which may arise in the cause is tobe resolved in cloud could be procured, Hutcbingsand NelH.Mi. two I being guilly ofa misdemennnr in office, and t>fi j^ ,j^^ affirmative, then a dar!; and hcivy of theoibers, were at this time tiitik-ng ibeiren- mcuinng a fine of nut fess than r.vo Hundred,', j„ ^ j ,f,^ sun-Iight of the Ameri- cupe, the negroes in full pursuit. Dr. Pearce uor exceeding Oue Thoufiiind Dollurs. This m »*>.. j,u=acu u ,,, , r.i ,- ¦ „ and Joshua Gorsuch retreated by the short lane, 1 Act, however, auihorizcd the Judges, befoie 1"" l^"'?"- ^^^ ^'^'^^ he i.m-. ,111... L non. and a number of shots wern fired at lhem a« I whum un alleged fugiiivo was brougbt, lo take | ""^^ted m pursuance of tlic ConslitiMinn ami rc- they moved off- Dr. Pearco wns shot in ibe ' bail fur hia nppenrnnce until final hearing, nr in "ponsive lo Us most direct ohligainuis, caim.,i bo wrist, sido and f^houhler, and n bull idso passed ¦ .lelUuU theivof to commit him to lho common '=">'"'ced m its Judicial Tribunafq, Iben, iii.RfJ. k tbrough his hut just ubovo hirf forehead. In the [jnil of lho County for s.-ife keeping, at lhe ex- \ Ibejjeginning of tho end arrived bis Soloman Newman, I'eter Martin, Jonathait Wainwrigbt, Robert Sinith, EpUriam Fenton, Wm, R.Sadler, Jumes Cowden, After the jurors were aeated, District Ailor- no>-John W. Aihrnpud, io opening ihe case to thejui'v, addressed lhem suhstaulially ns fol- lo%vs ; May itplease tke Court—Gcntlcmfnof the Jury— It is my painful duty, as lhe officer charged by tho luw with thu jiroaecuiion of crimes and (liieiicus committed against lho laws ofihe U. S. wiihin tJie Eastern District of Pennaylvania to submit for your consideration tho indictment upou wbich tho pridonor at the bar has been arraigned, in order lbat you may determine upon the question of his guilt or muoceuco.— It charges him v.-ith tbo commisBiou ofa crime ofa highly aggfavuted chanieter; in its nature, lho inuft serious ihat can bo jicrpetraied against a hunmn government. Itis teclnncally called hiyh treason, und is defined in the Constiiuiion of tlie United States, and tho Actof Congress of ;JOlh April, 1700. It couaials in this country ouly ill levying war .igiiust theUnited Stntes, uud in ndhoring to tlieir enemies, by giving to lhem aid and comfort. The treason churged aguinat lhe prisoner ut the bar, i.s lbat of levy- iiig war against the Uniied Slates, und I deaire yuu to distinctly understand thai itia nota case of coutifructivc treason, but ono of uclual trea- hoi;, nnd embraced wiihin ibo purview of the Cunstituiion and tho Act of Oongreas to which aliusion.baa been made. Whut lho law is upon thia subjecti will fully explain^-before I con^ elude ray opening remarks; bu^ now state that any cumbinalion or conspiracy by furce and in- limidalion to prevent lbu eiecoUun of nn Act of Congress, so ns to render it iiiopcralive and .'-^¦-r-i--.:-, .:-.;ti l-^nl uiiitmUl-.:.*! higli. lJ'pa»"». boiug nil usurjiation of the uuiKority of govern¬ ment. Tbis cou>iruction uf tho consiiiution of lbe United Slateshiis been cotemporanewus with tbe adoption nf thai iiisirnnieni,niid every judgo, whetlier state or federal, ivbose attention has been directed to the aubject, hns agreed iu this iuterpretiitiun. It was so held iu the cases of Western insurgonts in 1795, in the case of lho Norihumpton insurgents in 1799, in tho caso of Aaron Burr in 1807, by Jndg« Story in his ch urgo to lbe grund jury in 1842, by Judgo Kiiij;, Preaident of lho Court ofCommon Pleas of this county, in bis chargo to lho grand jury, in I84G, nnd in 1851, by his Honor, Judge Kano, who reviewed the whole law ujion this subject in a clear mid couoluaivo ujiinion, which has been beforo lho country since lhe 29th of Sop lumber last. Tho treason charge 1 a°ainHt tlie defend, ntis, thnt he wickedly devised uud intended to dis¬ turb the peaco and tranquility of the Uuited Stales, by preventing the execuUon of lhe laws withiii tho aamo, to wit: a law. of the United States, eiililled " Xn Act respocling fugitives from justice, and persons ts^tppiug from the ser¬ vico of their masters, approved fehruary 12tb, 1793," and also n law of tb^ United States, on-' tiileti " An Act Io amend, nnd sup|demenlary to the act entitled " An Act respecting fugitives from juatice mid peraous escaping frnm lho ser¬ vice uf their maslers, approved February 12th, 1793," which supplementary uci wasapjirovcd tho 18th of September, 185U, generally known as tho Fngitivo Slave Law. The overt acts, wbich may lie considered as tho evidence or mnnifesiu'ioB nf lbe msnner in which tho iiea- sou wua con|railled, are set li-rtji in fhe iudict- meiit aa follows:— fij-rai—That oil tlio lllb uf September, 1851, in the couniv of Lancuaier, and wiihin the jur¬ isdiciion of this Courl, lha delV-iidunt, with a greul nnmber of jiersonn, armed and arrayed in u wurlike umiiner, wilb guns, swords und oiher weapons, asseiubled und traitorously combjned to npjioso and prevent iiy iuiiujidatipn and violence, lho execution oflho Inws ol the United Stales, already ndverledto, and ai rayed hiirfeeli inn warlike manner against tho anid United Stales. 6'c<ron«Z—Thatat the same time and place; lho snid Custner Hanway asaembbid wilh othera, with the avowed intention by ftrrce and intinii- diilion t'} prevent tho execution oflho said laws to wbich Ihuve.Blluded. and ihnl in pursuunCB cl ihis combination, ho unlawfully und Iraitur- oiisly resisted and opposed Henry H. Kline, uii officer duly appointed by Edward D. Ingraham, Esq., a Conimissioner oftho Oircnit Court oC. tbu Dniied States, from executihg lawful pro¬ cess to him direcied ngainat certuiu persons charged bef^ure " the GonimibsiDner witb being persous held io service or labor in lbe Stateof Maryland, owing auch service nnt* labor to a cerlain Edword Gorsuch, uudei' tho laws of the Slate of Maryland, who had eacuped into lhe Eastern Diatrict of Pennsylvauia. Third, —Thai iu further espciiltuh of his wicked designs, lho defendant assembled -with certain personfl Who were armedand arrayed with.the design, by meaua of intimidation and violence, to prevent the execution of the laws already tdluded to aud being eo assembled,. kiiowin"ly andr willingly aaiaijlted Henry H. Kliue, ineofficer appointed bytbe CommiB. sioner lo execute his process, and then andthere against the will o*" thesaid Henry H. Kline.' liberated and-took out ofhia custody peranus before lliat time ar^o^ted by him. Fourth-. Thattbe defoudaiit^'u purauanco of his traitorous combiuatiou and cniiBpti*acy.to op- p(>,ie and prevent the said law* ul the United States from being carried iuloMecution, con- spiied und agreed with others 10--oppose aud prevent by force und iutimidatix:{if the execution of the euid laws, ond iu tho''ii[ijy)i1ready descti- boil, did violciiily resist^and oppose tbem; may¬ favor. He ia notto bu required to establish his innocence, but it is for the prosecution toniake out and provo bis guilt. Tbe Government of the United States dues not osk any man'a con¬ viction on testimony which is uncertain in ita uature, and nut adequate to establish the facts for vvhich it is adduced. On the otber hand, we bave a right to expect from you a fair and impartial discharge of pablic duty. A heavy reBponsibility rests upon you, and thera is no woy of evading its requiremtmls. If it can be shown by competeut and credible testimony that tbe defeiidnut is guilty of the offeuce wbich ia charged in the indictment, it is essen- tial to the peace of the country that vou ahould say so by jour verdict. Jnalico requirea it. and tho obligation of your oa'ths demaud it. , I need hardly any to you', that the outrage per¬ petrated at Christiana was, in my judgment, treasou against the United States; and all who participated in 't are guilty ofihat offence. It wasa concerted and combined resiatance, by force, of a slalute of the United Stales, and was made wi^b ibe'declared intent, so far as tbe de¬ fendant Hanway was concerned, to render ita provisions void, und to make lho act altogelher inoperative. The proof agaiuaf him will be clear and convincing, and such as to saiiafy; every one of his guilt. The overt acts wiU.be establiahed by lhe tesiimony of more ihan two' ivitnesses, in so pointed and distinct a manner, that no question of lheir truth can exiat. . \ In order thnt you may lully understand the: character of the evidence which we propose to introduce, I will give yoa a brief narrative of; the facte, na ihey will bo detailed by tbo wit^ nesaes. . v On Ibe 19th of September laat, Edwajd D,' Ingraham, Esq., a Commissioner of the United Slates, iaaued tour warranls directed lo Heiiry H. Kline, an officer appoinied byhim under the authority of the Aci of 13lh September. 1850,' commanding him to appreherd Noah Builey,' Nelson Ford, Joahua Hammond and George Hammond, who had been legally charged before' lhe said Commissioner with being fugili\e9; from labor, who had eacaped from tbe Slalo of Maryland iuto the Slale of Penusylvaiiiu, and owed such service and labor to a certain Edward Gorsuch. The fact that the writs bad been is¬ aued became known to a colored man living in this city, named Samoel WillLinia, who prece¬ ded tbo officers to the neighborhood where the alaves resided, and whero the arresta were to have beeu made, andgave notice that tbey wert? coming to execute lhem. Ou the lllh of Sep¬ tember, Kline and hia party, consisting of Ed¬ ward D. Gorsuch, Dickeraon Gorauch, .loabuo M. Gorsuch, Dr. Thos, Penrce, Nicholas Hnicb- inga and Nathan Nelaoii, proceeded lo Christfunu, Lancaster county, and on arriving there, siarieij for Parker's house, a place about three niileV. distant from the railroad depot on llie Culumbii rood, wbich they reached about daylight in lhe morning. While proceeding along tho rond; and across the fields, their oltenliuu was arrest¬ ed b7 th- —•¦•r-' *',!iorP^, and tbc bl(»w.'ujr-«l'*- bugle. After watching about'Parker's bouse fora short time, one or two persona were-seen ooming out of it. On discovering Kline and his party they fled bnck into the house, and on pur- Biiit being made by him, Ihey ran up stairs.—r These negroes ^ere rectignized by Eward Gor* auch, and known to be hia slaves. Kline enter¬ ed the house, and almost immedialely'aacertain- ed tbat a large number of negroes wero con¬ cealed in the upper part of it; b» neverlbelcsa wont to the stairway nnd culled lhe keeper of lhe house to come down, fitHiing tluit be wusde- airous ofspeuking to him. Tbo negroea ut ibis were heard loading their guna. KUne hea ing the noise, said to them that Ibero was no occa¬ aion for orming themaelves,—that bo desigueii to barm no one, but meant to nrrest two men who were iu.lho house, and fur whom ho had warrants. Some one rejdied ihcy would not come down.- Edward Gorslicli theu went him¬ self to the stairwoy, called hia slaves by name, and stated Ihnt if lliey would come down oud return homo ho .would treat them kindly aud forgive tbe post. ''Kb'ne (hen read ihe.WHi-rants ilireo times, uud ofterwards attempted to go up ataira; when a sharp pointed insirument was thrust at him, nnd nn axe afterwards throwu down wbich atrue-k Iwo of the parly below,'— Edward Gorauch then weut to the frontdoor of the houee, and looking up to iho window, ogain called his alavea by nun:e when a shut was tired at him from lhe window. In ibis jieriod u horn was blown in lho house which was answered by Other horns from the untaide,asif by jire- concerted action. The negroes then asked fur fifteen minuies time for consideration, which was grunted to tliemi Al this moment a while mnu was aeen approaching lhe house on horae- back. It turned oul Ip be Castner Hanwuy, the present defendant. Kline immediately wulk«»d towards him and inquired iflie resided in the neigbborliood. His answer waa abort and rude. " It ia nono of your bu.-iiiieaa." Klino replied, by telling him he waa o Deputy Marahal of lhe Uniied Slates, gavo bim the warrants to rend, and called upon him in the narae of lhe United Statee lo assist in making the arreats. Hauwuy replied, " ho would mil aasist—that he did not caro for tho act of Oongress or any other act,— thattbe negroes had rights und conld defend ihemselves, and that bo ueetl not come there to make arrests, for he'cQuld not do it." By this time Quother white mun bad arrived on the ground, fEIijah Lewis,) who walked up to Kline, and asked liiin for his authority lo be there. Klino shnwjfd his papors lo him alsu.— Lews then read the warrants passed them to Hanway, who retnrned tbem to the Marahal.— Lewis, after readiug the warrants, said *' the ne¬ groes' had a right to defend tberaselves.f Kline then called npon him to asaist him in making the arrests, whon ho refused, and would not .even tell his uame. ' Kline then asked Ifaa way where bis residence was, be replied, "you musl find that oat the best way you cuu." Kliue theu explained 10 tbem what his views oftlie act of Congressbf 1850 were, and informed them that througb their agency these ilaves would escsjie. By this time tbe blacks bad gathered in very large numbers around tbe honse armed with guns, which they commenced pointing'towards the Marshal. At tbis juncture; Kliue implored Hanway and Lewis to keep tbe negroea from firing, ond he would withdraw bis men, leave tho ground, aod let tbe negroes go. .PJanwoy instautly replied, " tbey had u right to defend lbeinsolvea,and bewould not interfere.*, KUne'a answer was, •* they were not good citizens or tbey never would permit the laws to be set at defiance iu tbis wny." Dr. Pearce then re. marked " tbal all ibey wauted was ibeir prop. erty," and then walked away. By this lime an¬ other gaiig of negroes hud arrived, armed with guns nnd clubs, and Hanway rode np to tbem and said sumething in a low tone of voice. Ht; moved his borse out of the way oftho gnus; the ¦'.-..•: '- .' --r- ' --¦> • rrdvrtfi" ¦^r-.-f! from effort to eacMpe, theae latter gentlcinoii ruahed j peuaeof the owner. loward Hanway. who was still sitting nn his ''¦'¦-¦ ' - '" ¦ horso in the loug laue. Tbey beaougbi bim to prevenl lhe negroes from pursuing ftnlher. He said he could not. They then aaked him fnr permiasion lo get upou bia horse, which would afford the menus of making their escape, flo refuaed their requeHl.and pulling whip to his horse, rodootl alfull ajieed, Thi» modo of safo retreat being denied lo Dr. Pearce ond Joahua Gorsuch, their ouly hojie was in ciuitinuing to run. Pearco waa in frout, aud Joslum Gorauch behiud. In luoking bnck, Dr, IViirce saw a negro who hud previ'iualy fired ut him, strike Joshua Gorbuch withu gun. wbi^hfelleii himlo the earlb, und ouly escaped himself by nisbiiig into a neighboring furm bmiHe, whori* .bo wus conceiiled from viuw. .loshtia M. Gorsuch aud Dickinson Gorauch were aiibaeqiiently curried to honaes iu ihe vicinity, and were u long time ecoveriiig from lheir woiiuiU. Iu couueclioii wilb this narrative of fuels, I will alBOHitito ibut tbere are tw.i or three otbtr matters whiob will appear in iha courae oflbe lenlimoiiy to wbich [ ahull cull your atteution. First—That so soon oa i Inn wuy ujipeuied at tho bura. the negrooj iu Parker'a bouao appeared evidently to be encouraged, and gave uEltuutof satisfaction; when bcfoi*'; that limy had ap¬ peared dii-cournged, and iv.i.X asked for time. Second—Thut before lbe firing coniineuced, Kline hnd given orders to his pyrty lo retreat, and they wero actually cnguged iu the reireat when tho nltiick wus made. Tkird—Tbat Edward Gorsticli, who was kil¬ led hail no weapon of nuy kind in hia bonds, and waa ilioieforo cruelly, wunUnly and unue- ccBsnrily wonuded by The dufeiidaiit and hia aasociales. while carrying uiittheircombiuntion aud conapiracy to resist, ojipuse und reuder in¬ operative and void the acts of Congresa referred to in the indiciment. Such, Genllemen of the .Jury, is the goneral outliuo ofihe facts, wiiich I propose laying be¬ fore you, in order to austuhi the uccusalious contained in tbc indiclmeut. Thu doiuila oflbe lesiimony, us you will receive il from tho wit¬ nesses, will fully complete ihia sketch. Ifthe resultof tbo investigalion exhibits ih-3 stato of facls which I aniicijmte, it will bo contended on behalf of lbe Uuited Slates, that tbe crime ol High Treason haa beeu established uguinai the defendant; and that you, faithfully, honeaily, and fearlessly resjiouding to lhe obligalions of your oaths, will say an by youi*"verdtet.^.^ Treason ngainst lhe Uniied Slates, as defined by the Third Section of tbe Thii-d Anicle of lbe National Constitntioa, conaists tn levying wur ogaiust them, or iu adhering io their enemies, giving them aid au^icomforl. The crime charg¬ ed ogiiinst this d'eTendaut. is ibiii embniced un¬ der the first of these subdivisions, viz: lbat oi levying-aar againsi ike United St ales. The plltaae, levying wor, wos long before the adoption of the Couetitution, n jihraac of well know aignifi- catinn, embracing such a forcible resistance lo the law^s oathat ebarged againat tliis defendimt. Since the adoption of the Coustiiniion, it has roceived a similur couBiruction from tho Fede ral Judiciary, ond may nnw be considered as n aettled principle ofthe urinn'uMl code of lhe U.' State*. The Judicial decisions upon which this position is predicated, will be subniittcd to the Court aud yourselves, in the courso of thia ad¬ dreaa; in whar.I regard ns ils nppioprlute pluce. The Aci of Congress, which tbo dofendmil i^. churged lo have forcibly, violently and (rcoaoii ably resisted, is an act approved rui the 18;b ot September, 1850, entitled:, An Act to umeiul, and Bupplemeutary to'he.\eleulitled : ' An Act reapecling fugitivea from jiisiico, mid iiersoii> eaeuping from the eervice of their miifiters, jip- ptujvetl February 12ih. 171)3"' Tb;; orlgiiii.l Act of 1793,'aiid the supplement of 1S;"jU, ari- based on lhe provision of theSecond Srclion ol the 4lh Arlicle of ibo Constitulion of tbo United Sinles. and are iiitemlctl to cHrry inlo full and faithful execution, the cleur. jiosiiive, nnd nue- qnivociil injunclions of thai iiiMniment. Tin- Section lo which I allude to, d.jcbires ihat ¦' Xo peison held lo service or liilior in one Sliiit-, under the laws thereof, esfupiug iuto nnoiher, shall in consequence of uny law or regubaion therein, bo (liseburgcd fiuin feiich service 01 labor, bul aball lie dcMveinl ii(), oiiclaim of tin- (icrly. In whom ancb Ki-rvice or I.-ibor mjiy ht- due. it is' almoal in.tdh-'.->s in say, Ilial wilbon! this provision, the Conatiliiiion of ibd United StaUra never could bavo been ndojited; lln; ex¬ isting National Uuion iievi.'r coiiUI have be-.-u formed, and the powerful, jirosperous, and glo¬ rious" Republic nf lhe Uuiied StMte.c. never could have exialed timoug lb*) untion? of the -:u"-Lb.,. or ihc value <if Jiiii t'-tiii-u, 11..1 t.;i!y '.1 us asa sepa'fafo people, bul to the V-'omniou family of mankind, I adiiiit my iitlor inade¬ quacy to form an ealiiimio, refiaiiliiig it a."* one of thoso great bleysings uf Divine Proviiioiui.- whicii btimaii iulc-IIcct irniiiiot tJilbotti; aiid which iiicien,'*es in iippre^ialiou with Uio pro¬ gressive develojmi«iit of iis'^benefits. The Consiiiution of the United Stulcs you nre aware, wus adopted by a conveniinn of the jieo pleof the Stales, on the 17lb i-f Rej't. 1787 *- At tho aecond aession of the fc'eroml C"iigiTs , held uuder that inslriiniiMil, \ 1/.: on lbe I-Jib duy of Februnry, 17113, w;ib piissed, il;.- " .¦\ci I'pppecling fugitives from Jii-.iice. atnl [hu'kj-iis escujiing from the aerviee of tbeir mai-lers."— Ils j>roviijionti were pluin, simplo and clear: miinifcsliug on lhe jmifof its fnniiris; iliiiny of wlioin bad been members oftlio Nnlioimt Con vention, which hud jirevioiisly fr!ini--il die Con- slitution, u frank,Iioneel, and ninceio disposiiimi lo curry into efiect, a condliiiitional iitjuiiciiou, which moBl probnbly, vas unpululable lo some of them. , Tho law iti anfficIeiiTly brief to justi¬ fy my rcitding a portion <if ft." The third uv.i\ iourih sectionsof ilure.as fullowa:— ' Sec. 3. Tbat wheu a person held lulaburiu any of the United Stales, or in either of the ter- riiorles on the North-west or South ol' lbe river Ohio, nnder the laws ihereof, shull escajie into any other of tho said Stn esorterriiory, thaper eon to whom auch labor or service maybe due, his (igenl or ailorney, is hereby empowered lo seize or arrest sncb fngitivo froui Inlmr, nnd U take him or ber before any Jndge of the CTcnit or Dislricl Courts ofihe I'nited Stntes, residing or being witbin lho State, or boftire any iiiagls- troto of a connly, cily, or town corporate, wherein such seii'irc or arresi fehall bemade, and upnn proof, lo lhe BDlisfaction ofsuch Jud^ir or Magisiraie, either by oral testimouy or affi¬ davit token before and certified byo mnoislrate ofany such State ur lerriiory from which be 01 flhe fied, owe service or labor to lbe jierfion claiming him or her, it shall be the duty of such Judge or Magiatrate lo give a ceriificnte there, of lu aucb claimant, bis agonl or oHorney, whicb shall be sufficient wun-ani for removing lho said fugitive frnm labor, to lho Stato or lerriiory from which bo or she Hed. Sec. 4. Tbat any person who shall, know¬ ingly uud wilUngly, obniruct r.r hiid?r anch claimant, bis Q"ent or oltorney, in .10 seizing, 01 aiTeaiinganch fugitive from labor, nr Bhall res- cue anch fngitivo from aucb tluimnuT, his agent or altorney when ao nrreaied pnreuuiit to ou thority herein given or declared; r.r aball har bor or conceal auch peraon after notico, ihal he or she woa 0 fugiiivo from Inbor, as aforeaaid, sholl, for either of lha said olienCes, forfeit ond pay lhe sum of Fve Hundred Dollors, which penally moy bo recovered by and fi.r the bene¬ fit of auch clalmaut, by action ui debt, in any court projier lo try the same ; Having, moreover, to lbe persou claiming such labor or service, hia right of action for, or un account of iho wiit iujiiries, or either ol them. For a series of yenrs ofler Its passage, ll hiw^ wns quietly executed, according to ils sj it.o^id leiierv neiiher State Legislatures, nor StAte Judiciaries throwing any ob.striiciiuiis in ita way. Oa tho exciting topic «f domestic alavery, pence reigned within our bordera. In auch of tbo Statea, na dcomed t.hi.t Iiislltiilioii incompatible with tbeir interesi, or where i wos repugnuut to the pojiul.ir feeliug, it wnt abolished caii'inusly, prudeully and jirogi sively. But evuiywbere, lho aolemn ()hli; tiona of tho Cousiitution. lo 8urrt.'ml obacoDdlng alavo to his rigbibil rl.niina"' ^^'"^ odmilted, respecled, nud complied with, had not tlien b.coiuw wiser thau die h" bod Ibey learned to .measure the plui'i ambiguoua loller of ibo Conaiiiot'on artificial atandard of their o; The subject which remains for me to ciuiider Thiri biw wna followed by the Act of the 3(1 ,ia, whether the facts which I expect In priV'.-, of March, 1847, the third flection uf which ahso- amounl lo auch a forcible resistance of the publi<-- lulely fiiibids any judge oflbe Comraonwenilb law, as makes the actors|in it guilty of Treason, from taking oogui/.anco of tbs case nf any fugl- in levying war against the Unitod Statc,>. I pro- iivo from Iubor from ouy of the United Stsiea. pose now to consider this que.-^iion, nnd with tint under Um Act ot 1793. Tho Hxth section evon vie„^ invite your aitention, as well as that of lho decturea that "it shall not bo lawful to use any Court, to a coneidcmiion ofth,; law of the case.— ' ir, ,r.o^V.f nllv nLrr7'-'"''Y'"''e ^""J }'^^%^'' \ need not cay that you will receive tbe law fron. tention ol an\ person cluimed n^ a hi"ilivo from , /, . , .1 ^ . . . 1 ¦ sarvilude," and subjecl. a„y i.^m =r p-LT '^° ''""'.V"'' "?'' ^™ "° '"'.""''.''>' "" """"¦" keener offemliiiL. „|j;,inBt iu'i,r„viaio,i, l,> u Hons which lho Court mny Rive lu tcspi.,-. l„ ... henvi- pccuiimry fine, nml t.. ii ili«<n,aiilicalin„ '» ''''^ pariicular there is no il.nerenco l.clwr.-o ler life I'rom linldiiig bucIi ollico or lr;i>.t. civil nml criminal causes. It i-, thcr.-f.ir,-. xv. no The effect of lho liret of lhe«o Ael« woa I.i sense true, that you arc judges ol thc law, iiul yon render fiilile so much of lho Act of Congress ul must takc the interpretation the Uourt puts upoa lhe 12th l.f robrcmry, 17a3, ns impurted juris- it. Vou havc a right lo apply lhe law tn Ihc lacts, diction ill lho cases of filgilives from labor I., but you have no right to go fnrtber. What then Stute ulderman and juBticed of the peace, Ihns is Ihp luw 1 I Jiavo filatej ihnt Ireason aj;aiiis'. depriving the claimuiil of n convenient and lie- the laws ofthe Uqitcd States consists, accor.Iiogto co»»iblo tribunul, before which he could bring the Constitution, only in levying war against llu' bis nrres-cd lugilivo servant; i-nii referring him United Slates, and giving to their enemiea aid an.l 1.1 lbe eonnty judges. Tliwe olbeers. in inimy comfort. What is meant hy levying war againsi instances, were only lo bo luund ut rooiole dis- n,„ Unllcil Slates, I proceed novv lo cr,ll^i.^e^, fl ances from lho place of arrest, and during u i, „ pl,„se, the meaning of which is well ,elllcd lag., por.ionolheir lime were actually engag- „„a ^„d,rstood both in England and lh.'. I niled ed in nlller public bnsiness wbich neces.arilv ^. . ,„. ,., , , ,.nc.i ,,. i ,.< -¦ hindered Ihim from giving the promjit nlten- Slates. The Blalule ol Mth l..Uvar.l III -oa,..-, li..n in sueh ea,e*. whicli S.eir nature demand- 7""»"» =^"" descriptions of lrca,„n, .,;,! ;wo .¦! ed, Tho nece»»,iy„fcarryiiig nn arrested Iugi- "'"m ¦"¦<= '""= ='»''"' ^y Blackstone ; live for loug disluuces. IMongh nopnlalions 1st. If a man do levy war against mir I,,i,I Ui- someiimes strongly prejudiced ogainsl the in- King in his realm. atitution of slavery, rendered arrests bu/.ardons. 2d. Ifa man adhere unto the King's .iii-iiii,',. n- somoiimes, indeed, suhjecting claimants to his realm, giving to them aid or conifin in Ihr personal dangers, whicb prudent men were not realm or elsewbere, vvilhuglo encoonler, eveu in the pursuit ol These arc Hvokinda of treason which nn-ililliiod their rights lint sliU the Act of IBJ.", left u in the Consiiiution of Ihc Kniled Stale:., and .In- local Slato tribunal ii, every cnnnly. ihui.gh words used lo desc.ibe lhem arc borrowcl from lh.i n lucoiivenient (me, lu which ucbummit UIII IT l-- i- i c ili m , ¦ ,- iii« A,.t ..riTa'i 1,1 .. .^1., "^"""i»"''"it'^i bnglisb Statute, and had awe km'wri siizmlu-it- itie Act ot 1(9J, could applv. But tha Act o ,- . .1 .- .1. 1 1 .1 r .,. 1847. look that away from him by fiuVtddii... ''""''t lifetime they were u.ed by the rr.iiuer.. 0 Ihe Slate judiciary to lako cognizanco oflbe ^^^fl^'J';*'-?"""l"^'°"-,. 1 h's is exj.re.sly stated cnse of a fugiiive from labor under the Act ol ''J Chief Juatice Marshall, ii Burr s trial, 40 1, hw 179.3. Aud lho nse of the countv pri.son wa.*. language being that "Itis reasonable to suppoai^ refused for lho doicntion of uny petson eluinietJ ^'"* '*'™ l'^VP"S ^"^ >-*. "^^d in that .in--:irunioiit aa snch a fugitive. '" '^^^ same sense in which it is under;lno.l ju thf What wua tha octual stolu of iliinpa produced English law to have been u^od in Uio St;(:iitf ..i by the ojieratiou of these luws ? None but a 25 Edward IIL" He then adds, " that, prineijde:^ judgo of lho United Slates could uid the cbiini- laid down by such writers us Coke, I'o-i.r ;iiid Iilll ofa fiigitive from labor, and ihal judge Blackstone, are not Iighily to be reji'dr.!." lh; couhl uol Lommit euch fiigiiive to any conuty then defines ut page 4OS in what levyin^^ u i:-ni;i- prison fiir safo keeping, pending an invtbtig«> sists, viz : "That where a body of men are a-:-eiii- tion before bim. At thut time tbo U. Slates bled for the purpose of making war r-.-ain^l l!i.- bad three judges 111 lhia Stale having juiUdic- Government, and are in a conditi-.n to n.iiko w.ii, ion in cases of fug.l.yes frmi, labor. The Judge ^^e assemblage is an act of levying w;ir." Col.:. of tho Lastern Distnc , residiug in I'hi uik- - ^.^ . , .? .1, r* i- 1 1 ,. -. phiu; the Jndge of the WeslernVMlrict, ro.id- ^o-^t'^r, and the oher English elemeu.ar> unl. - iug at Fittaburlh ; and Iiie Circuit Judge, wb-se ' '^''^'»''>' "'''intain the duclrmc th.il any uMx., .-1.. time was divided b> tho Circuit Courlr* held in , '^" ^^^ "^^ Parliament by combination mul l^n-e. I,. I'biladelphia, Trenton. (Now Jei sev.) Williams i ""e"''"'t inoperaUve and men'ectivc, H Irea-^un by port uud Pillsburnh. ' j levying Tar; and tbc .\nicrican auiboriti.'.-; adojit And these Juiigce, locuted at sueh lenr'U': t'^c Engliah doctrine. I11 the eased of the Wc«ierii poinla, had no tneuna given tbem to secure 11 ' Insurgents, 2 Dallu-J, CJ1.'>, :M7, :;.'>-'), also rojiorlcd person charged ns a fugitive from bibor. (.-v*.-)! ; in Whorton'ri Stnto Trial.-*, IS',1, Ju-l^ie PaltiT-^.in ill lhe raroiiistaiiccsin wbicb they wcrebioii-li' : ^ay-J, "If the t'l-jocl of the in^nrr. cti.in was to befoie lhem. ; supp'cs« the E.icit^e ofiice, and lu pn V'lt lhe t fi¬ ln thia atate of thing!*, the ;irrcsl ofa fiiL.;ilivf ': niliau tf an uct of Conirrc.s.y bij forer an'l in(i- fiom labor Ml Peniisylvania, became, pniclir>ill^ j midnHun, tbc olleiico in le-al oVtiinali'^o i-J hiirb -speaking, nil impobsibility. Ur, ctilaiuiy. i'l treason; it i^ an usiir|ialion of the auiIi„Miy cf tbu ." ¦ CJoicrnnieiit. Il is biyli tcpii.-^oii by b-vyin:,' w.ir," ' I Judge Iredell, in the casfri of the NiTilimiptoi: 'nsurgents, in bi.i charge to the Grand Jury, nuys, I am warrantod in slaving, thai il io '-V.f c'.-(.-of tbe insurirents wbo may eome umbr y.'iir <miisIi1- al- I: I uiiiG c»-•^e3 oul (.1 ten, tbe pnmiihca of the C' atitution mill the luws lo the cluimmiL ofo b. livu from hibor, became lhe merest delusion In other Stales ofthe Union, luwa ofan eqii ly urgent und embarnssing clmracter jirevyilei until the iirovi.sion of lho Consiiiution re,>'pee ing fugitives liom labor, and the laws pa-sr-cij : r.trcy (t (tito e.xecutioii, had altnust reached tii (loiiit of ab^olllly unliily, and thid great nall'i loui'il lUelf ill the jioailioii of ibose weak bii leeblu goverumenla 11, which there exist '¦ lawa forall faults ; But faullg HO countenanced, thatthe strouKPtatuie^ 1 defeat its operation in 11 purlieu!' istand like the forfeits iua bflrburs abop, " ! through tbo ng<*nev of » (.;trli.:ol.ir ..;il.-.r. 1. Aa mach m mock aa mart.-: ¦ some pri-.'Mc or pe'rsoiial nn.ti^e. ib-u.h -.x I Uiidersiich usrateoi Ihmgq, what v/nsj.iB'!v '..iTonce may bave been coiumiUid, ii .li-l Io bl. expeer..'d fium ibo^e -Sli.le.s wbieb hiu. ] ,„„^3j„,i i., t,j.^^„n. Tin. p'i-!i:'iiiar i.iotir". n^ euiered llllo Ibo Xaiii.rial Coni[.act. uniK-r lb- :, k,.ifn-tr bf Ihr .'oU in^n.'i'nl in ib.'.-i-.-, i solemn guarantees amlpie.lge-, ofihe Coiisti.u i ,„„„„i.j,,i ,,,-,), ,, .^,,ura!-.'h „: lo ch.l lion f Deep lyeliiigB, in'-i'iiao i-,\cjtemenls ru i.. ing iVoin w.iiuiried .sensibility, moiilfied pridt ;I greal person il interests beliuveil lo, b' ation thc iuleiilioii was lo jucvcut b\ ;m e.xectilion of an -Act of Con;irL'--s of tbe Stated altogelher, any forcible o|i;-oriiioin:i:r Io carry ihiiliiitimidalioii inlo eOi-ct, vv;ir; n li of war against the United r^triles. anil ol e.-ii act of Iroa-un. Uul if its iiileiiti.iii wns in, th¬ 'i/ Ike Ad, the olieiice most \h: '1c^;oi-I hired (ihi. feel i I I'csc opardv. Of lhi UIC ill^tllUCL'd it i -2 iiii-n sii.i::hl to tin- !ii'rceiii'>;j 11 stai lob t!ike ¦ Ibo iuul glo a-h 1.':.- liri-b: out'I" of piibi fiMre.l br jd (b'ai^'i.iiii: im-n su.i::hl to tnke lb.* ailv:.i tiolil oor i:.lille I'i,bill Peenu-ii to r. Ition, Uut, lb.- Miviiig .''[lirit, \ uilled onr nntioioii ilestinjes, r. nbove tbe sli.rin ; priiuli :ui,\ioiis [..-ihioiisin lhe hnveii r.|'peace, coneoni uod union, in tbo udojitioii of ibo Ciiniproiiiir.e- iif tbo ever-lo-be-rcuirmberetl Se.-.sion ol IS-'jD Ani"n^ tbe--..-iritobu b.uii.l Ine Act oflh-; iSi uf S:'l>:eii]!..;;¦, :S--.0,ruu lav. .rr...L:;.:iCJv*.;' -^ 1; ; ! ihi-i liereiiibiiit is cbargi'il, iu coinb'iuiiiou am hy prccoiH-eil wilh others, Io have resisted unto lilooil nnd de;ttli. Tlil-^ Act. been so niiich commeuleil tipon, irt 'irgei.t ill ita features, uud bctier t-iilciilali-it ii biise-., Ibun the 'oj^^inai Act ol l-VI-rii hi Fr iL. \Vh:irto:! i.I'.iv'go 1';;ti.ii^. inbi,^ clihr-.' l.t!i^-('r 1 s;iy,s, '-the treason in levvin,' w;'.i- ;i-.iiii i State.s Ibr persons wim b.iv.' nuiii- hv.x .: I t;t((-r.'st wtlh th'-tr lell.iti-rii(/''o.-. it <¦,¦.]' I vent by f.irco, iiuinber.-i .i'.' I'ltimiJitMii ; Miul general l.iw ofili'; Unite.i ^^. il,---^. \^il I [ircvent its ojieralion or eoni[iL-l iv- [•¦!ii-:ii j-'allhiHigb but one law be itunioib^iifly a treasonable ile-sigii i.scoiii[)!eU'J. ami 'li*: i of the intent dcsigntitrd by :i pari ;i--l ] ^overtiriieiil of the whi'le. Thoiub ¦,.\\ "1 ;ire ile.--!gn.-i;ei.i •.•s p-.trticuiar Ifiw^ irr .•.¦ I rior crimes, whieh if prosecuted 01: s h-cli'hV-^ I offences, and the sole object oflh.- iui--, f..,-i \.'..,\ '. exelusiveiy liable to tbe [ler.alties -!!r'.".-l. law-s, t.-ct I'.-heii eammillcd icith rr,::¦¦,.' dicnis, ilie-=e t^rinic- I'lH'oini' oniy < i" f-: I'rir. :-! -li: 1 Is Io be mi till 'Iliy .M.igislnUc i , wboriin ! ive beon 1. Cliou ollji 17!);), of whicii il ptii;i menl. By ibu Actof U'j'i any Co'inly. Ci'y, or Toirn rorp,int. nllfged fugitive from labor imiv bu resled, i.i lonltnii.-cd to (nkc jnri.sj coiiipbiinl. Illld grii. l lbc ie(|'iircd cen ilie.;'o !<ii his reiiiovril to lhe .SliiIi; or lerritory from wiiiei- he htit- fled. In lieu nf ibi^ aliinmt tmiver-.ii mnfii-'tnicy, i'rom wbieb tho cbiiiiiaut nii::b' buvo mude lits ehoiee tiinler lbe Act of 17!)3. h- iiiuiir under Ibu Aet of 1S30 iimlio his nj.jilien lion to a J'lilfiu ofthe Circuit ur Districi C'oiul- o| ibo Uiiiiei! Slated, or to a Cominia.si'.nei ;!I)Ii"iiiteil by lbe Ciieiiil Court—au oilicer dneclly le.'-poiisible lo lhe Jiulj^-,- ol tbe Ci'xiiii Court oflho t.'niletl Staler, by whom lie ;.¦; h[i I oiiiled, onil whose dnly il is to see that llu- hi^h trust ivposeif Iiy hini in eneh Commij-sion-i is fiiithluliy. wi»e!y, and luinimiely execnl'-il This jiel removes one of ilr-- dbjeclions made li' the Act of 17fl3, which v.-hs, that it gave liie eoinpbiiiiuiit the choice of lbe MagiBirule, lo wbom bo might ajijily, and llius gave room lo lbc elioico of nno wbo.so iirejiidices or inli-ie.sl tiiigbl be operated upon, to iho ilisadvaiiliiu-M.; the alleged fo-.;ilive. The jirocfss under llo low of 17£.'3. when process prcreded the fii'ii--i of nn al'eged fugitive, iiiij;bt bo execntcri h\ auy pence ofboer snlecleil by the elainni,': whilo under Ibo Act of 1851). il iTiiist bo eiin.-; executed by lhu Marshal nr his deputv, or l.\ aproper person designnled by lbe Couiiiiii'-ioiuM isptiing the jiocesa; wbo is in tblfi, as in nli other jmrta of tho e.teciUion of lii:? ofllci', im¬ medialely resjuinf-ible to the Judge oi lhe Su premo Court oftbe f'uileil Slale.s. by wb. in ht is chosen. .Tho liigh, diguilled and resiioi;»,i(iU public slntion-occupied_by n Judge of ir.e .Su preme Nulinnol Tr"ibuual,ntlbrda a snfe ^tiaiiM. tee lbat no Irust reposed by Iiini in a fiuboniin ule, bhoU bo abused without lhe cer'niuiv o prouipt redress. And who cnn donbl ibm if : Commissiom.'r should ftbu.sc his power, iu ilo selection oftho ageut de^'ignaled by bim to e.\e ciito his prnccts, iho Judgo from whom he de¬ rived hib funclions would promptly deprive bii ofthem. The Act of 1793, like that of 1850. oulburized lhe original arrest of the fugiiivo without wnr¬ rant. In ihis feature the laws arc lhe same, The media of proof under the two Acts are also ideii- ticol. They may bo either oral testimony deliver¬ ed to the judgo or magistrate heaiing thc cause or afTidavits token and certified by a mogisiiati from the Slatc or territory from wlience die ollei:- ed fugitive is said to have fled, 'i'lie roiiclu>ivi- ness of the cerlificato of removal is cju-if uo.ii-i lho two law.i." Under the -Act of I.S.'iO. ir i^ lie- clarcd so in tprms. Under the Act was the same in etfect, the Supi State having so hold, in c.-ii havo hcon mndo to go , ,r i removal ofler il fmd hcon granted. If the ui»^ 1793 and ISoOaro substantially identical, whom i,.j j overt arts. The iu'ciil i.i tb.' l'I-'- ¦¦! '.'ti' (i; ! ill troiisoii." .huli:r« Ihkih:!.!-, in /¦'">'.¦ iliatelv f.dlows Judiie l*r.ri;i:s ; lui'i r. ' lbe law laid down by.lii'liir- rnii':- Pkthhh in the ^W'sleru Lisurg.'rtt-", (V i' :;,').'),) say-. "A.l I do not diller iVoni il:.-", • niv o[Mnioii i.s, (bat tbo t^aine dec! uatimi :-¦ uiiiiio upon the point-* of law at l!i:^ tini -. Juil^c Cr.vsi;, on tbn hocoiuI tri d i't i'i on Ihc bench, and in an ol.iboniic o:^i rnatiitains the doi.'trtne wliictt bnd b'. -i the proviiHis raso,5. Judge Stokt. in 'h lo tho Grand Jury, delivered June I."). Story's Kep., (iM.,) says. " ll is noi u..,- itsbotild bc a direct and positive iii:-,';ri - Iy lo overvlhrow the (.iovoriimeiii- 1; equally treason if the iutention is hy firr, vent thc exrcuiion if any one or 1,1-r general lata'! of ihc United Slalc.^, or M exercise snd logilimate authoriiy of ibe •.uil 11-. 11 III' lO'i-lll I.l Ilu wns Mot. .cuor ond nn- by an ,vti creation ; ond lo obey or disregard it according "s H camo up to, ."t ;. ^^ chunfje.' however, came or fell beneain it, tbn penpl*) of pntT"" - •¦..Nirrir.i-ai. ".-C'Tx 1" iTy:;. 1 > Court of Ibi: I in whicii atloiiipl- Iiiiid the certificate o it ifiat the hitter has been so ossaulled ! And why Iiaa the effort been so industriously proFccut- c(j 10 convince tho people of the United Slates, that Komo now and terrible anomaly h.is bren introduced inlo the National Legislation hy the .¦\ct of 1350 1 Tho answer to this imjuiry it. alike Gimple and conclusive. The Act uf 173'J professed to givo a remedy, but affoided no ado ijoato meana of enforcing it, indupcndoni of lhe aid of thc local Slato magistracy. Stnto legi-; lation, hy interdicting lha aciion of the local State magistracy in its execution, deprived the law of vital power, made it lhe noisy thunder which atuns and confuses, while it dejirivcd it oi ment in ils sovereign capacity. T! an assembly of personn, wi'h forr vent lhe colleelion of tuxes liiwtul,'-i 1 uti. - lo\: hy the govcrimiont,'ir (o dcslr.>y ;ill ci!-;m!i: iio' OS, or resist t'.ie aJininislrati jii of j;i-'mi-<' in the States, ami tbey jirocccd t.> ca-i-nie liivir jutrj-. by force, there can be no doui't it w.iuM 1": Irci, against lho United SliU-s." Judge King, in hiicharc;o to tbt- lii iiiil .'.'.ry, l>,e occasion of the Kensington r.-;-, ImliU same doclrine. His luiicufige is. '-A-.rt'. wh-rc ..bj.?L't ofa riotous as-enibly is lo j-r.-vei and violence, tho oxecution cf ar.y r-i; forco ami violence lo com])"! i'.s reji.-.i! live aolhotity, or dejirive uny cl.is-- -iT nitv of tlio juoteclioii alfor.i.'d by l,tu. ilown all rbmchos or nu'oiin-j buisis o lar sect, uiulor color of rcfur:iui!',' a y. anco,'-.r to rolcaso all jirison t 111 du- and the like, and ibo riolers [.roL-eiv! 1 I'.rce tbcir [iredotcimined ol'j.'ct,-^ .ini! int. are guilty of high ireat^on in levyitii: .w lhe same eflect ia tlie chargi' of th;> DI '^Hon.-lonx K- Kvrsi:.") delivircii Io tb' on lhe *.:i)thof Septembor la^t. lie m ing wiir oi)ibr;!.-e-s no', nn : ileclarrd war, bnC .any . ibreiMy to jirovont or .i(ii".i,-'e lb.- exeeutr iV.t.'onient ofil provi.'^ioii ot l'i-- d'u-iiniii. pulilii.^ Klaliin, if ai"i'i'!iipu .¦irt l.f forL-il'lo opj-' -iu^ri c.uubiuatioii.'* ,' ' ' Th'- luilb.rili.'^'.nri.i .-fii le.i .ire <-oiiob:-ive ol' ilie .;Li.'s'i'.'ii ..t I.,-..ve lbat Iho I.ireit.Je resist,rr: .- I" I'l.' e t.f till- law of Ibo riiile.l r-'l.iXc-. k(i,iw( Fiicilivo SIliv.- Law. .if I :i.Hi, v. bi-li [.;. at (.'liri-iiam on tbu I lib .if Si-pt.-iM' .-i hii-b the defendant j^artii'iitatnl. u ;,;i . .v-igned t.l render its Jlrovi^ions i';.'j,ti lill, was treason agaiiist the l.'ni!-'i -"^i a.s u levying of war within t!ie nu .mi!; Conslitnii'in. Tbe ihleiil i\ilh wbiib ilf iimitlrd. is the osieiiiial ingrcib.-Ki in (i'lice. if il wa.-^ not levelled at I'.w - -. imply designed to prevent tho arrest ..1 [': Ill-longing to the late .M,-. Cior.such, it .i;m > far as the United Stdtos is t-oneeroe:!, m more Umn a high mistlenii-ntior. The 1;. il rodulted from tbe violemi-. in tbi L-ase, wo'ild ho indi.iabte and pnn: der by lhe laws ol lVnn^vlYalli'l. li by ¦¦I.i- jiression lei of forrnod Ult- ¦j*,:. ,.11'^ I fnive '(¦!- l.f laiv. -IJ jii'.-t o] i:ii. <'0 :::: inLl- u!d n.ll ho cons-idored an art of ire.ison. It i-i your jirculiar [irovinco to pas-s up.-n tli-' .[ue,sli,in of intent, ond von havc a ligbt to inf.i the fact.' and rirciirn-^;; tre.isimahlc do. XiCf.^ which atlcnih'd w..:-l :. n^<'.\l ,\ iroO!, ¦=. Hii resir' I"* -hau .ai'Jtn--. take the liy.' fiotvi il; case was.irr'aS''.!! or •;¦„'.. '"¦¦'.',": It wa:. .... "'•.,v.l '¦-¦! ¦'IC*.-.-'¦* •¦¦:¦ i;:--j!-:;5int aslo*da3 -. T'.i'-.l::/.^- . ;"^>.i!: t^n^ -b-_"•' '-:¦¦"-*' beiween '-i „.-;,'' '-i br, w.v,'" .* '.-•-.r^. .-> unlil Fri-jr.- r.!---..!:'-.,', ^. ., Judge. Olrinr rc'r.j.ir;-;Pi!--" I..: Uv- "..i^-"/ n ,: . presseddiT ti::ie, itp h<. ¦.v^ri.jr-"' f,y .".u)sli,;S:.i-.¦.h^j =. by next-S-aiuTil^iy :; w-feL^iivlthcUi.t ':Tl:rj- aJvt:^; todutitJ'fwbien „. :!rn ¦ hu.-) to V.'ViUir'irion ''¦ prr-SC:. -111'.:'' ¦ iVi'iIlJittiy r'b^ni''-: .lte b'tlVoi'l'JI-a .pi '.rXVl-.... d-'f-MI-^ --:x.Ui. .V'Ji ¦ ¦It. I nu c.-* I (a 1 ».-;, la ibio r.-iii'.».:y ii'tii^v" -iMiir;.:!:::: '-., ,...,.,-!¦¦.-..J, e.i'V ¦'o:^-'';''' ''I. ¦ "'V- !¦:: .?;>.-.. ' '-'¦"-¦ ord :¦ s. i- ihtiJu*-^CiK^, ¦" •; riVo'iUou;..- «.un.:ui,o; {'¦Uf;ili;'a: ,:•.¦¦¦ ..:;iH-.i l.-t, sjur.-'.thi-:'' '• -¦ ''.¦i'-"i-,I>Si:-Jtn_^o»ii'j^L;-.^ ¦ TK.-, ;-r;u!'iy tl/;v^; ..-•1- i'V' Plil?.i5eis'ur.7ic-,.-"."«!ns .crni^fyf, iDy • "" '¦• i:b'*'''r'fiU \ii-{.l, >s tin-n.j !iS',-t; fiid):ai^:i'--:. 1 .M:';---.i.-t.i lmd no rjzlit, howcvcK w.ft . .ul Id-. ov/i( :Ci)mTi;-| i, nience,£it tho e:t^cu*.<v.;pt'-*.*;a^V*yv^"^;^? P,^^^^^^ fho^./U'ti.driven empan]?elpti- ¦"" ¦'' S';;^^rf;.:^::c*^K;c -f'"^'.¦''.' )'-.';fifttlt«:^"vrRriiici^il iti viv;-, j>ii!" If they,"ivci?or-.:.:^i :iy<;§:f&'^Si^;2>J>i^^^^^ :b::Voel.^v^_-'-; ¦¦ ;.;iir.^"ifc»,.'e-' ','. '. incl.-.i) ;i.-. '.••', ; 1 hii io;'.. iir n^o.- ', lnn 111^,3:0^^,1; '• ; . e'ui ler.;4.=ti '-^st .-Jt, in.ffrot'.-: v.. ^-i'ltut.:-. . '.flhe . I in;.--i i'esi^!../t.f.ill;.(1, . '':! !in,,l 111.' da: i!:. _lj v.UU'.s I.r, anil: l'.'-' ¦¦ li.^ J. itin iili.t' 'il'vic..: :,'.:":.;; .•¦."1. ai,u •.-. '¦<u ;ira,itr.it-j.. It., I . .... t;..,, ill ;.'. V, llh acoio ! u. Wi.-i. ,.•: -.' -ii'ik'hf'ifjAJor 1 inr '.h-. -- ¦. ¦ !-.>nL'-vi>nii h-?, .-''-Id'Tir.c-.; ar"'. J.i.ft - i . i i'-.p 1'^ fatiier.: i'^;'"''''-'.',*'^'., '"^ "' o" t*i- nssiatiuce, tn h>-'nr un.i ijcciiin nji-.m ibc .ih'ii .itiio'.i-i'i^ r.'iTp'ivec.-.'/iiu-^iii.'.-^'n-^d ii^:i,.i-'- i;;^J'vnd, ,tivcfl,;cr.uhiiiiij3: ',::.-;i- -^iiiht-r'tc eiill &ii)|3^oUi¦loV^.;v^.;^nnrf.'trl»flf!UnllO^!s¦i'tlf^_w^ lh.; siri-it . :' • I'filJnTg iulelli...; iigor.r,'and riJiirlHW:;^ iii«\: vihitJK''.iv-.f;>i,'ii ^vci-c ¦-d ¦ ¦t IUO 1 h.' Mi'-' It.: !,,! d.fii:!-.i.'r.-.l 111 :'iMf;tcrii:-'.' nnd :;7.'T.I(or to snuv ¦¦-" V Wi;, i ';¦ ¦¦¦.•. thT. l.¬ er 11 '.;;::i--I t'f-itl v; * ^^'¦ = ' ¦¦¦'U- : ¦ bv c;.: ;¦. Oti-;': liClI'i;'' t/^ i»'in,j>. h:ih-:. ^.¦.:';'^i:':..^-',:.l- : ..: ;¦¦ ¦. ,,. ¦¦^^v.'if^::.Ti.,.^:']ti^-i^t:'^^--^^^^
Object Description
Title | Lancaster Examiner and Herald |
Masthead | Lancaster Examiner and Herald |
Volume | 14 |
Issue | 01 |
Subject | Newspapers--Pennsylvania--Lancaster County |
Description | The Lancaster Examiner and Herald was published weekly in Lancaster, Pa., during the middle years of the nineteenth century. By digitizing the years 1834-1872, patrons are provided with a view of politics and events of this tumultuous period from a liberal political slant, providing balance to the more conservative perspective of the Intelligencer-Journal, which was recently digitized by Penn State. |
Date | 1851-12-03 |
Location Covered | Lancaster County (Pa.) |
Type | Text |
Original Format | Newspapers |
Digital Format | image/tiff |
Language | English |
Rights | http://rightsstatements.org/vocab/NoC-US/1.0/ |
Contributing Institution | LancasterHistory |
Sponsorship | This Digital Object is provided in a collection that is included in POWER Library: Pennsylvania Photos and Documents, which is funded by the Office of Commonwealth Libraries of Pennsylvania/Pennsylvania Department of Education. |
Month | 12 |
Day | 03 |
Year | 1851 |
Description
Title | Lancaster Examiner and Herald |
Masthead | Lancaster Examiner and Herald |
Volume | 14 |
Issue | 01 |
Subject | Newspapers--Pennsylvania--Lancaster County |
Description | The Lancaster Examiner and Herald was published weekly in Lancaster, Pa., during the middle years of the nineteenth century. By digitizing the years 1834-1872, patrons are provided with a view of politics and events of this tumultuous period from a liberal political slant, providing balance to the more conservative perspective of the Intelligencer-Journal, which was recently digitized by Penn State. |
Date | 1851-12-03 |
Location Covered | Lancaster County (Pa.) |
Type | Text |
Original Format | Newspapers |
Digital Format | image/tiff |
Digital Specifications | Image was scanned by OCLC at the Preservation Service Center in Bethlehem, PA. Archival Image is a 1-bit bitonal tiff that was scanned from microfilm at 300 dpi. The original file size was 954 kilobytes. |
Language | English |
Rights | http://rightsstatements.org/vocab/NoC-US/1.0/ |
Contributing Institution | LancasterHistory |
Sponsorship | This Digital Object is provided in a collection that is included in POWER Library: Pennsylvania Photos and Documents, which is funded by the Office of Commonwealth Libraries of Pennsylvania/Pennsylvania Department of Education. |
Full Text |
VOL. XXVI.
LANCASTER, PA., WEDNESDAY, DECEMBER S, 1851.
NEW SERIES, VOL. XIV--NO. 1.
rrDLISIIED BV
EDW^\-Rn C. DARLINGTON,
OKKIC-i: l\ NOnTIl ^CEETt STtlEUT.
ThcEXAJIINEB & DEMOCRATIC HEEALD
is published weekly at two uollabb a year.
Advertiskmknts not exceedinE; one square
willbe tusi-rt.'d three times for one doUar,ftUd twenty- flve cents willbe charged foreach a-lditioniil insertion, A liberal discount allowed to thf fvadvertising bytbe year.
DavidGeoree BlockJev.sctafiide hy the U. S. ] Kobtnt Smith. Adams—not rhullenged by ¦ did not consider oer ae suflBcicnt to exclude bim; , . .R. • . , 'nL;!- tin do I aefendnnl r».,nn»;«.... ....i-.,.i i,.,—.,,^.,1/..-it >. .• ,1 »¦ ..1 1 »• i___» .. _;.i.j i.:-
The Christiana Treason Gases.
SECOND DAY.
U. S. Gin.UM-r CoutT,—Judges Grier and Kano.—Thc Cour. met Tuesday morniuir at 10 o'clock. Aa wag the case on Mouduy. the court room and the avenues lending ici it were filled at an early hour. What was tc;ircely in ''C e.v- p«cted during this trial, there were ' ".' 'ew white females and culored poppIc present in the court room in the mo^li^•,^ aitliouqli a num¬ her ofthe latter were in the eutry ucar ihc room, nnd in thc nassanc wav ilirui.frh the irst story. We observed one ven/rahh^ U-.nker Indy pres- cm, whose name wro.tilitno. je.irn. I ol.cc of¬ iicers weic Jigaiu sKitinnrd a. lho foot of he mairway, whu k.'i" I'^-r*''"' "'^"'' ""'^ P^vcntcd arushupioihe f*nirl r.ioiu
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A very few mem e .^ot'ieiy of Trieuds were present, and wrn* jirobaldy the personal fiiends and ,i Cnstnt-r llauaway. ijiiMiiiii,'of the Court, ilic list of jurors [L mid several gcntleiiien, who were .¦\Inud;iy. answered to theirname3,and were not subjected to the fine of SlOO M'd by lhe Court upon all who should not ::r t'y ye.sierday, unless delayed hy sick¬ ness, or unavoidable circumstances.
David Cockley, Lancnslcr; Abnn. R. M'il- vain, Chester ; Isaac Myers, Schuylkill; Solo¬ mon Newman, Pike; Peter Adams, Berks; Huhi. Butler, Carhon; Peter J. Michlcr, North¬ ampton, failed to answer.
The Ime of SlOO was marked against the de- fuuhingjurors named above.
The District Attorney stated that Jic desired 10 call hia list of witnesses, to see who were present and who absent. Tlio list was called, und a large majorily did not auswer to their names.
Mr. Ashmead snid he would now arraign Cast¬ ner Hanway.
J, M. Readrcnrarked that he was not goingto move to quash ihc array of jurors, but lietliouylit this case ouglit to stand upon the same law a,-; the insurgents stood upon in IIV'J. Tiic act of lS-17 has taken this ^tatc our of the genera! rule, and turns us hack upon iho Stn'e lawof nS9. The poim taken by .Mr, Lewis in the in¬ surgent cascs wa.s, iliaflhc panel, whicii consist¬ ed of IOS, was 11.1! in accordance with law. He aupposed that there w'ixp an indictment iu each county in that ca^e; aud that (iO were summon¬ ed on the general panel, and I'.^ from each counly in which the indictment was laid. The conr. tliere sam-iioned .impanel of 7"2 only- Mr. R. then road from ihe act of 1~S3. He thought it his duly to read the act of this time, that the summoning of IOS sliould not become a prece¬ dent, and he submitied whciher this was to be¬ come hindinfr. In the cnse of the insurgents, the panel con=istcdof 7'-', and lhe numher of tO. to wliich tJiey uiight have gone, was not exceed¬ ed. Judge Paitcr=on, in deciding this case, went as far as language could go, to show that it had no application 10 the law of 17S.'i. We there¬ fore are thrown back upon the Cummon Law of England, as prnciiscd in tbe trial of Horne Tooke, where 22S jurors were summoned, or as inthe Irish St.iic Trials, where SOO were called. He admitted that those siatutos did not apply to criminal eases. The decision of Judge Patter¬ son was to place the Couri in the same lighl as the King's Bench or the Oyer aud Terminer, wher-^ 1.500 juror? have been summoned for u challenge ol H.>. Judge naldwin luis decided that the U. S. District Altorney cannot chal¬ lenge peremptorily, hut may challenge for cause, witliout bhuwing his cause uTiiil the jianel is e.vhausted, the juror being set aside. By this means the Distrxt Attorney would have his own jury, and he did not wish this as a prccedenl in the other case, Ile wLshed this lo .';iaud aloue. He then read from Siatc Trials to sustain bis viewa. If this wae adopied, he could soe no limit tothe District Aiiorney'schallensc, Burr's trial was referrid lo, to show iliat additional ju¬ rors couhl be taken even in tbe case of ^ Grand Jury. He sulimiiicd ihc matter to ibc court for their action.
District Attorney Ashmead remarked, tbat tlie remarks of Mr. ilead were irregular, as there was no moiion helore the court. He, I\Ir. A., had asked that the prisoner be arraigned. Ifthe counsel forihe pri.-oner would move to quash the panel, lbe United Sratex would agree on their part. Tbc number ot jur-us Minimoncd does not agree with ibc order of ibe cuurl. as not less than IOS were I..1 be sumninned, and IIG were called—nol less iban l'i were to bc taken from Lancaster coun;y, whereas lii wcie culled. The act of CoiigrL>p ,-ne:iks of ijti.ililie.uions and not of numbers. Hc, Mr. A., named tu proceed according lo biw. 1 Mt il liif counsel for dcfcn dant ihink it wron:'. hc would agree to qua.'-li.
Judge (Jrier—There is no motion before the Court,
Mr. Co'-ipcr a.'-ked il" ihe opposite counsel in- lended to move to iju.isii. Hc would agree.
TJiaddeu.-^ .Sieveiis s,iiJ. if ihe Unitfd Staie.c would aL'ree to admil the delendant to bail, good and sufiiricnl, and have the trinl lake place in the connly ot Laneaster, he would move tbe quashing of the array of jurors; if not, he did not wish it qunsbcd-
Mr. Ashmead said he did norwish to violate the iaw hy admitting to bail ina case of treason; which was not a liailable otrence.
Mr. Stevens thought it requ red a violent pre¬ sumption to make ibis appear.
I\Ir, Ashmeiid tbougbt it a violent presumption to sny that a defendant might bc admitied to bail, where a Grand Jury had found a true bill for murder and Ireason ngainst bim.
Castner Hanway wns then arniigncd, and lhe Clerk of the Court read from the bill ot in¬ dictment, the oifeocc charged, to whicli the pris¬ oner pleaded not guiliy. The prisoner was ac¬ companied to the place where he stood to plead, hy his wife, who clung to lii.'i aim.
The clerk asked liim bow he wouid be tried, stating at the same time that it was a matter of life and death.
Hanaway replied, he wnuld be tried hy Gnd and his couniry—from which ihe clerk wished him a safe deliverance. ,
The first juror called was .Solomon Newman. The prisoner was told 1,1 look upon him, nnd say wheiher be challengcti him or not. His counsel, alter consnliation. said—not challenged. Mr. Ludlow, for ihe United States, said he Jmd a series of fiuesiions hc wi.^bed toput to encb juror, afier he bad been passed upon, and accepted hy the prisoner. They are as lollows:
1, Have you any conscieniiousscruplesupon lhe subject of capital punishmenis, so tbal you would not, liccause you conscientiously could not find a veiiiici of ireason, death being the punishment, thuugh ihe evidence required such a verdict ?
2. Havc you e.\pre?scd or formed any opinion relative to the matter now to betried? Are you sensible of any prejudice or bias ibercin i
3, Have you formed any opinion that tho law of the United Stales, known as the Fugitive Slave Law of L'-'-'-O, is unconsiiiuiional, so ihat vou cannot convict a person iudicied under ii ibr that reason, if ilie facts alleged in ihc indicl¬ menl are proved, and the Court hold thc .Statute to be Constitutional I
4. Hnvc you formed or expressed any opinion ns to tbe ^uilt or innocence of the accused, or of the other persons alleged to have participated Tvitli in ilioolH.nce charged against him in the in¬ dictment ?
These questions gave rise to a long argument. J. M. Read said there appeared to be a nest of quesiions which might very well be confined in one general question. He took ibcm up one hy one, and commented upon ibem. To the one in reference to the consiimiionaliiy of the fugi¬ tive slave, law. Mr. Read said he nor his col¬ leagues intended to assail ils consiiiutiunality,— liut aa the Circuit Cuurt in Bosion decided that jurors in cases of life nnd death were not to be judges of the law and lact, but were to bave notliiiiL' to sav upon tbe law—he \
Eight jurors where challenged peremiuoriiy lr,- defendent and elcfreii for cause, Thirteen were set aside by the counsel for t!ic Uidted Slates.
About the same number of ladies were present to day as on Tuesday.
Al the opening of lho Court, Judyc (Jrier in¬ formed the counsel engaged in the case, tbat a number of jurors had heen challenged for cause, that would exclude tbem from every jury in tbr trial of these cases, and ns it is hardly worthwhile to keep tbem here from their fimiltcj, if there was no objcrlion, he would discharge ihcm for the term No objection heing made thcy were (li.-Jcbargod.
Mr. Brent, Attorney Geiicral of .>[ary!aud,- wa-' admitted lo practice in lliis C'ourt,
Caleb Cope ajij'Oared yesterdav morning and made a stateuient to tbc (lourt in relation to bis non-attendance on 'J'ue~day. 'J'he fine nf ifi IOO was released, and Mr. Cojie excused for the term, Peter Adams was excused for the preseni, mi account of sickness, and the fine of -^tOO for non- I attendance remitted.
On the calling of the roll of jurors, Robt. Bnlli-r. Abraham M'llvain, Peter S. Miihler nnd Isaac iMycr, failed lo appear, i*eter S. ,Micbler was cx- cuseil until Decemlier Slh. nnd fiiu: remitted.
The names of the five jurors were called wlm were cmpanelhd yesterday, and thcy all ans-.vored and look thoir s'niU.
Joshua Elder, of Daupbii), inii challenged bv deft, hut .'¦et aside by coun.sel of lhe V. S. lur the present.
William Watson, of Bucks, not chullenged by deft, bul set aside by counsel tor l.'. S. for tlin jire¬ sent.
John T. Biizhy, of Bucks, bar* e.vjircsjed an opinion ofthe matter uow to he tried. Chullenged for cause, by delt.
Wm. Williamson, of (.Cbester—bad not exjiress- ed an opinion or made up lii.s mind upon the na¬ ture ofthe ofl'encc charged. Cballenged jiorcniji- torily by deft.
Philip Smyser, of York—Ihe first question was put, when Judge Grier said, that that question mightbe stricken out altogether, asil diqiendpd upon those which follow it. Mr. Stevens thoURbl so too. Mr. Smyser, tbc juror, then said, wben anoiher question was put to him as to tbe nature of the of¬ fence, that he had made uji his iiiiiui wheiher il was treason or not. Rojecied.
Fred. Hippie, of Lancaster—set aside by couu¬ sel of United Slates.
Levi Merkle, of (yuinberlaml—nul ch.Tllenged hy defendant; sel uside by counsel of United Slates.
James Harper, of Pbilada.—had read the news¬ papers and had arrived nt Ihe conclusion lbat the lows bad heen violnletl, and if lbe jicrsons coiihl be discovered they oughl to be punished.
Judge Grier said this w.is not sufiicient cause to reject. Challenged pereriijiiority by deft.
Paul S. Pre.ston, of Wayne, not challeiu^ed In- deft, bul set aside by counsel for IJ. S
A difficulty here arose as lo how many jicrem- tory WiaJIcnges were mnde by deft^lhc (7. W. counsel contending that len had been challenged peremptorily, and the counsel for deft, asscrliiig thai it was bnt nine. On coinjiaring notes, it was di.-^covertd that the U. S. counsel were right.
Edward Davies, of Lancaster,—not challenged hy defi—hut set aside by U. S, counsel.
Moses W. Coolbaugh, of Monroe—Had ex¬ pressed an opinion when he read the account in lho papers, that it was a great outrage upoii the comniunity—bad not made up his mind ujion Ibe othor cjucstioiis. Challenged iicrcmpt'irily by lhe pri io ner.
David West, of Chester—Nut challenged by deft, hui set aside by U. S. counsel.
Daniel O. Hitner, nf Monti^'omcry—Mighl have thoughi soniething about wbolbrr it was treason, hul did not know tbat he had made up his mind about it.
.\ftcr considerablo consultation between thc de¬ fendant and his coun-^el, thejurnr wa4 challenged iiercmptorily.
Vv'm. \l. .Sadler, uf ,\i!auis—Xot challenged by defendent. Qucslioncd bv Mr. Ludlow ; be an¬ swered satisfacturily, and was sworn to try the case. Tllis makes the sixth juror empannelltd.
James M. Hopkins, ofLancaster—Not challen¬ ged by defendant. (.Questioned by Mr. Ludlow; he answered, ihal be had not any conscientious scruples asto cap'tal jmnisment. This was lhe oniy quesiion asked him, and hu was sworn to try thc cause—making seven.
James Whitehill, of Lancaster—Challenged peremjilorily hy defendent.
George A. .Mnileria, of Franklin—Notchnllcnged by defendant. Wet nside f^jr lhe present by coun- Eci for U. S.
Wm. H. Keim, of Berks—Not challenged by defendant. Sot aside by counsel for U. S.
Wm. Stevens, of Bucks—May havo formed an opinion by reading the nowspajiors, but nothing as to whether the defendant ia guiliy—^did not see how a person could help forming aome opinion.— Challenged peremptorily hy defendant.
John A. Brown, of Philadelphia—Had read tho newspaper, and ihought the pereons engaged in it were guilty of a breach of the peace; he would take the nature of the ofience from the Court, as ho waa not competent to judge, ofihe offence.— Challenged hy deft, peremptorily.
Hartman Kuhn, of Philadelphia—Had formed and expressed an opinion as lo lho matter. Chal¬ lenged by defendent for causo.
Martin Newcomer, of Franklin—Had formed jin'
opinion upon this subject. Chaltenged.for cause.
Judge Grier said—If they chose to ask other
questions, they could do so; but lho Court would
not interfere, if both sides were afraid ofhim.
.i^m*,. , Mr. Stevens—The first question is enough.
lh, Lancaster—challenged byl Gen, " ' ' " -^ ^
some opinii prisoner.
ly-
Mr. Ludlow called, sary, and
Mr. ~ lowed ten ged to recall
Judge Gti«r Hid—That the jnror^a ancwsr ho
' but he had refused the defendant to withdraw his j challenge, and could not allow itin Ihis case.
Robert Paiterson, of Philadelphia—had read the papers in reference to this case, and had thought much upon it, but had not mado up his mind, whether tho offence ia treason. Ha would take that from tho Court, as tbey were much more ahle to determine ihatr question Ihan ho was. Chal¬ lenged peremptorily by the defL
Andrew K. Witman, of Lehigh—had formed some opinion as to wheiher it is treason or not.— He thought it was a similar case to tbat ot Rea Republica ngainst Frees. Rejecled.
Mr. Cooper thought the answer was not suffi¬ cient. The juror was recalled.
Mr. yievcussaid, ifthe 3d.question is tn qualify all the otbcr.'j, there is no need of putting the others. 'I'hey arc mere tautology, 'j'he juror has 3:jid that he looks upon the Christiana atfair aa like Frees* caso, whicb was declared treason.
Judge Grier said, if he had mado up his mind tbat il wss not treason, he would not be qnalified ; thereforo. if be has made up his mind the other w.iy, hi" i« equally unfit.
Judgc Kane—It may be neceesary to modify our previous ruling in thid case, if we are to tnke jurors who have read all about this case, it may be indisjiensible fur the furtherance of justice, that jurors sliall he eniirely free from bias on either side.
Mr. Read said, that tha juror's answer was stronger than if he had said hc believed the offence treason, for then he might have been asked what bc nieaiil hy treason ; but he here statea tho caae nf Prees, wbo was notoriously convicted of trea¬ son, and jiardoned.
Judgc Grier said—that some newspapers had attempted lo declare the nature of this offenco in advance. The Post Office had been filled with papers from the Athens of America, as she calla lierself, to which this whole case is settled, for which he did not thank her. If this thing was persisted in,hc would have lo instruct thejury not to look nt papers from that quarter.
Mr. Stevens—I hope your honnor will direct them not to look at missives from that other quor-
Judge Grier—I have not seen any. Mr. Stevens—I have, hut they havo not con¬ vinced mc any more than the others have your Honor.
Michael Jenks, of Bucks—Not chaUenged by deft., but set aside by U. S, counsel. -
Duvid Cockley, of Lancaster—Had formed an ujiiiiion. Challenged tbr cause by deft.
James I'enny, of Lancaster—Not challenged by deft; set aside by U. S. counsel.
Ferree Brinton, of Lancaster—Not challenged by deft,; set asido hy counsel of U. S.
Patrick Brady, of Philadelphia—Had made up his mind that it was a greot outrage against thc laws. Challenged peremptorily by deft, as the Courl did not think thia answer sufficient to chal¬ lenge fur cause.
Jobn O. Deshong, of Delaware—Challenged ami set a^ide.
CJeurge Marks, of Lebanon—Challenged and set aside.
Strange N. Palmer, of Schuylkill—Had'conaci-^ eniious scruples again=t capital punishment, but,; would not violate his oath after he had volmilarily taken it. He had published rauch as an editor of a piper, bul had not made up his mind upon this case. Considerable ditficulty was experienced to get out of hhn wbat be meant by a voluntary oath. Set aside by counsel for the U. S.
Franklin Siarboard, of Franklin—Not challeng¬ ed bv deft., but set nside by counsel for the U. S. Isaac .Mather, of Montgomery—Not challenged by deft.—set aside hy counsel for U. S.
Levi Markle, was called a second^timc. Thc Ci'erk said he called out 86 when he should have called 08—hc had rend bim upsido down.
Mr. .^tevoii-s—you had hotter mako him right Ihen, if ytui have got him upside down.
John B. Rutherford, of Dauphin—not chal¬ lenged by deft.—set aside by counsel for U. S.
Diller Luther, of Berks—had formed no condu- sivo opinions, but impressions had been made upon hi.-; mind which hc had slated. Challenged peremp¬ torily hy deft.
James Gowen, of Philadeljihia county—may have cxprofscd an opinion ns to the attrocity of lhe act, bul not as to the guilt of the prisoner; bavo not come to a conclusion that the act i? trea- .sun. but bave niy imprcs.'iions about it.
Mr. Stevens—have you expressed nn opinion lis to ils being treason 1
Juror—I have not. Challenged by deft, pe- romploriiy.
Divid Lyon.', of Delaware—had expressed an unfivor.ible opiniun as to the course of the persons engaged in llie iict.
Mr.btcvens askeu tbat ne mightbe set aside. Mr. Ludlow asked him other questions, which were answered negatively. Mr. Ludlow said he was a competent juror.
Mr, Stevens—hc has shown prejudice in his an¬ swer, by saying hn had an unfavorable opinion of llie gentleman engaged in that particular act. Mr. Read took the aame view of the answer, id said that he had not only thought so himself, it had expressed it.
JmliieGrjeri'.Tii]— Tbe expressions of an opinion as to liie grade of an oftcnco, was not sufficient to excU'd-.'. Ilv. did not think it sufficient to chal¬ lenge for cause—ns in that case you might chal¬ lenge every man in the coinmunity. Challenged prerenijitorily by deft.
John S. ydtroedcr, of Berk-i—Answered snlis- laciorilv all the questions. Challenged prempto- rily by'doft.
Jacob Grosh, of Lancaster—Not challenged by dcfcnfiiiiit; set asido by counsel for U. States.
John Junkin, of Perry—Not challenged by (left—(Questioned by Mr. Ludlow—Had read the publications, but bad net formed or expressed an ojiinioii—would take lho law from the Court whe¬ ther the act i3 treason or not. - Swore to try the cause—-making the eighth,
Jacob Kechline, of Northampton—challenged prcromploriiy by deft.
George Lndly, of Chester—not challenged by defendiuit—set aside by counsel nf U. S.
John H. Kinnard, of Chester—had not formed any opinion about the matter. Not challenged by deft; not set aside hy counsel of U. S.
The Clerk gave notTce tnat the panncL was-ex¬ hausted. Mr. Ashmead said, that but 82 had been called, and thero woro mora than that number in nltendiince.
The Marshal said that 83 were in alleDdance. Peter Adams, of Berks, who had heen excused on account of sicknesa juat at this moment ar¬ rived.
Win. Stovely, of Bucks—had not made up his mind upon the subject. Challenged peremptorily by defendant.
Peter Adams, of Berks—said ho was subject to a chronic cough, which affected him if ho walked a single equare. Excused for the term, and the fine of *I00 remitted.
The absentees wero then called, und are as fol lows: Robert Buller, Abm. Mcllvaine nnd Isaac Myers, neither of whom answered.
Thc first juror Who was set aside on Tuesday, was then called, and tho others in their proper or¬ der, and are ns follows—
Solomon ' Newman, of Pike—Questioned by Mr. Ludlow—had not made up his mind upon any ol the questiona aaked.
After consultation among the counsel for the United States, the juror was directed to be sworn. This makes the ninth. ¦¦
David George, of Philadelphia county—had conscientious scruples against capital punishment. Challenged for cause by V. S. ¦
Jonaihan Walnwright, of Philadelphia cbunty— Exprci-sed an opinion at the time the offence oc¬ curred ; and-thought tho parties ought to be pun¬ ished, as it vvas a great outrage; hut had not made up his mind upon the questions asked. Judge Grier—Swear the juror. J. M. Read—He wanted to know whether thoy had woivcd their right to pereinptory challenge, I where a juror had been tst asido without lheir having challenged him.
Judge Grier thought lho party had the right to
elect him as their jurer, when called, and had not
done so ; they iherefore had exercised their right.
The juror sworn to try the case—making the
lenth.
Ejjhraim Fenton, of Montgomery—-is opposed to capital punishment, but would be willing to do his duty -.r b.f lb'- ....¦'¦t:t;c.- cj" iu".'"oi.r- laketho --..i'll-. ' •-'¦'¦ ''¦ '*¦¦"'¦¦" •'"^1'' ='•*: ^'¦•¦ maiter of Uvf. ¦ ¦ '<¦ '¦'¦ '¦!> li" • ^v.-c 1 eleven.
Jarae-i C'^.-'ici.^ l-i it:;r,i.'"" " '¦¦¦' -- thing id iciVr;'ac' 1^ *'¦¦ - v ¦¦». ¦: bod not ;ii-id( ";• '.
Tho.:.-..ii!S.>' !.::_ -- _ when Vxr ' ¦..,.¦'.' ; another -fi.e-'-i'T -.. what hi' M'"'' '. . V . up his,n.i-..I ¦-'"ib^i-. :., ¦•>-^ '¦-"'':. that wai--«.'h;:Lh.;r ii^ ' ¦'^'^'n-.nni-' ¦>• ¦ nny perr.'.n- n r \-, ii-j C^mUsiit*., ¦.,„¦- .''he it!
shonld be tried before iheybassed uponthe.law ; but now in eome quarters they attempt to settle the law, even in advanco jif the ewe being on trial. \
Judge Kane informed tbd jurron empanneled, that the Court had matle=a^ang»''»ents wilh_ the proprietor of the Aroericar^ Hotel, for a suit of rooms, where they could lakfe tbeir wardrobe, md make themselves aa comfortaVle as their situation* would warrant. "-^
The jurors not empanneled.wero notified that no list of Jurors would bccallul again before next Monday a week, and such as Hshed to return to their horaes or attend to their jespective buaineas- es, could now take the oppoTlu»ily.
No fine would be imposod pr non-attendance at court up to that timo. ThiaSfave general satis¬ faciion to the jurora. 1
Tbe Court was then adjoij-nod until Friday morning, at 10 o'clock, when tUi twelfth juror will be sworn, and thc cause be faidy commenced.
The following are the nam)i of lhe jurors to try tbis cause: !
Robert Elliott, of Perry.
James Wiiaon, of Adams. ^,
Thomaa ConoUer, of Carbon.;
Peter Martin, of Lancaster. '¦
Robert Smith, of Adams. [
Wm. R. Sadler, of Adams. \
James M. Hopkins, of Lancaaor.
John Junkin, of Perry. /
Solomon Newman, of Pike, j .
Jonaihan Wainwrigbt, of Phladelphia co.
Ephraim Fenton, of Montgoriery.
James Cowden, of Lancastef.
FOURTH DAV.
rne JURT KWoBPf [.v.—opc.vtjo srEKCiJ OF un.
Asii3ik:Ari. :
U.-viTKnSraTKS Circuit Coi:iiT.-—Judge8Gi'ier and Kane. The Court resuniwl the trial oftbe cuse of Castner Uanway, this inuming.
Tim impreFsioii biw gone ubioad, that llio prisoner is a raembernf lhe Society of Friends, nad muny suppose, lluit ho apjieara in Court ar- r.iyed in the peculiur dress of that sect.—This is a great misiake. Hemay be a member of that resjiectuble body ofour citizens; butso far us hia external nppeurance wairaiitsau infer" ence, we should suy that he is not a member.
He iedreflsed in afull suitof fashionable black clothes, with black ttilk neck handkerchief, and standing collar. His demeanor to day, was the same lis we havo previously described it—re- .sjjecifully aud reserved.
A greut number of ladies wero iu attendance then on auy previous day, but thesame abaeuce ofcoloreil people was visible. -
The cotut ruiim wus densely cr..wded, and overy iiveiiuB leading, thereto ' thronged with anxious but disoppointed persons. Notwith- eiunding this, themost perfect order aud de¬ corum WOB rauiiifesled by the trowd. Jamea Cowden of Lancastei- county, the juror who wna chosen on \Vedneaday,luat, but not sworn, wna culled uud sworn. . . .. '
The jurors to try Hanway stand as follows:
Robert Elliot. James jy[i Hopkins,
JiimeB Wilson, Johu Juiiklio
I'homas Couuelly,
their proviniouB can be altered. IfobnoxiouB acts of Oongress nvs passed tbey can be choBg ed or repealed. Hooctjihi-f deruodaot, if be has perpetrated the ofience charged in the in¬ dictment, has raised his baud without excuse or palliation against the pacest govemment on the face of the earth. He has nut uuly set its laws ot defiatice, by seeking to overlurn ifaem, aud to render them iunpuralivo and void; bat the con piracy into which he entered, assumed a deeper and more malignant dye, from tbe wantoo manner, in whicb it was actually con¬ summated. I alludo tu the murder iu which it reBufted. An houorablo and worthy citizen ot a neighboring State, whoeniered our Comtnon- weallb, tinder the protection oftho constitution and laws nf the Union, for the porpose of claim¬ ing his property uuder due procesa of law, was mercilessly beaten and niurdered, in conse- quenco of the acts ofthe defpiidmit and his ns Bocialea. U is n disgruto upon onr national escutcheon ; a blot upon the fair fame of Peun sylvania; and a reproacli which nolbing short of the conviction and punishment of the offeiid- erscan ever wipe out. Itis foryou, genllemen of lhe jury, to judge of lhe evidence which the guvernmcnt will submit in ihia cusa; and I need nut euy to you, that if it proves the de- feudant lo have been one of the actors iu the bloody tragedy of Christiana, that you will find bim guilty ofthe otfence--
I desire, bowever, in the course of my re marks to say nothing wbicb may be cslcnlnted in any way itmiecessartly toinflamayour mind.i against lho defeudunt. I-trust ho may bo uble tn conviuce yon that be bad no participation in the dreadftii trausactioua of the llth of Septem¬ ber, and thus rescue his bamo fromibenbloquy and infamy which would otbcrwiue attach to it. He has aright to demand a fnir and imjiarliul hearing at your handa, and a candid anddiepase- ionate euneideration ofthe teatimony which he may produce. Nay, he is entitled to even more than this; for every reasonable doubt which may arise in the cause is tobe resolved in
cloud
could be procured, Hutcbingsand NelH.Mi. two I being guilly ofa misdemennnr in office, and t>fi j^ ,j^^ affirmative, then a dar!; and hcivy of theoibers, were at this time tiitik-ng ibeiren- mcuinng a fine of nut fess than r.vo Hundred,', j„ ^ j ,f,^ sun-Iight of the Ameri-
cupe, the negroes in full pursuit. Dr. Pearce uor exceeding Oue Thoufiiind Dollurs. This m »*>.. j,u=acu u ,,, , r.i ,- ¦ „
and Joshua Gorsuch retreated by the short lane, 1 Act, however, auihorizcd the Judges, befoie 1"" l^"'?"- ^^^ ^'^'^^ he i.m-. ,111... L non. and a number of shots wern fired at lhem a« I whum un alleged fugiiivo was brougbt, lo take | ""^^ted m pursuance of tlic ConslitiMinn ami rc- they moved off- Dr. Pearco wns shot in ibe ' bail fur hia nppenrnnce until final hearing, nr in "ponsive lo Us most direct ohligainuis, caim.,i bo wrist, sido and f^houhler, and n bull idso passed ¦ .lelUuU theivof to commit him to lho common '=">'"'ced m its Judicial Tribunafq, Iben, iii.RfJ. k tbrough his hut just ubovo hirf forehead. In the [jnil of lho County for s.-ife keeping, at lhe ex- \ Ibejjeginning of tho end arrived
bis
Soloman Newman, I'eter Martin, Jonathait Wainwrigbt,
Robert Sinith, EpUriam Fenton,
Wm, R.Sadler, Jumes Cowden,
After the jurors were aeated, District Ailor- no>-John W. Aihrnpud, io opening ihe case to thejui'v, addressed lhem suhstaulially ns fol- lo%vs ;
May itplease tke Court—Gcntlcmfnof the Jury— It is my painful duty, as lhe officer charged by tho luw with thu jiroaecuiion of crimes and (liieiicus committed against lho laws ofihe U. S. wiihin tJie Eastern District of Pennaylvania to submit for your consideration tho indictment upou wbich tho pridonor at the bar has been arraigned, in order lbat you may determine upon the question of his guilt or muoceuco.— It charges him v.-ith tbo commisBiou ofa crime ofa highly aggfavuted chanieter; in its nature, lho inuft serious ihat can bo jicrpetraied against a hunmn government. Itis teclnncally called hiyh treason, und is defined in the Constiiuiion of tlie United States, and tho Actof Congress of ;JOlh April, 1700. It couaials in this country ouly ill levying war .igiiust theUnited Stntes, uud in ndhoring to tlieir enemies, by giving to lhem aid and comfort. The treason churged aguinat lhe prisoner ut the bar, i.s lbat of levy- iiig war against the Uniied Slates, und I deaire yuu to distinctly understand thai itia nota case of coutifructivc treason, but ono of uclual trea- hoi;, nnd embraced wiihin ibo purview of the Cunstituiion and tho Act of Oongreas to which aliusion.baa been made. Whut lho law is upon thia subjecti will fully explain^-before I con^ elude ray opening remarks; bu^ now state that any cumbinalion or conspiracy by furce and in- limidalion to prevent lbu eiecoUun of nn Act of Congress, so ns to render it iiiopcralive and .'-^¦-r-i--.:-, .:-.;ti l-^nl uiiitmUl-.:.*! higli. lJ'pa»"». boiug nil usurjiation of the uuiKority of govern¬ ment. Tbis cou>iruction uf tho consiiiution of lbe United Slateshiis been cotemporanewus with tbe adoption nf thai iiisirnnieni,niid every judgo, whetlier state or federal, ivbose attention has been directed to the aubject, hns agreed iu this iuterpretiitiun. It was so held iu the cases of Western insurgonts in 1795, in the case of lho Norihumpton insurgents in 1799, in tho caso of Aaron Burr in 1807, by Jndg« Story in his ch urgo to lbe grund jury in 1842, by Judgo Kiiij;, Preaident of lho Court ofCommon Pleas of this county, in bis chargo to lho grand jury, in I84G, nnd in 1851, by his Honor, Judge Kano, who reviewed the whole law ujion this subject in a clear mid couoluaivo ujiinion, which has been beforo lho country since lhe 29th of Sop lumber last.
Tho treason charge 1 a°ainHt tlie defend, ntis, thnt he wickedly devised uud intended to dis¬ turb the peaco and tranquility of the Uuited Stales, by preventing the execuUon of lhe laws withiii tho aamo, to wit: a law. of the United States, eiililled " Xn Act respocling fugitives from justice, and persons ts^tppiug from the ser¬ vico of their masters, approved fehruary 12tb, 1793," and also n law of tb^ United States, on-' tiileti " An Act Io amend, nnd sup|demenlary to the act entitled " An Act respecting fugitives from juatice mid peraous escaping frnm lho ser¬ vice uf their maslers, approved February 12th, 1793," which supplementary uci wasapjirovcd tho 18th of September, 185U, generally known as tho Fngitivo Slave Law. The overt acts, wbich may lie considered as tho evidence or mnnifesiu'ioB nf lbe msnner in which tho iiea- sou wua con|railled, are set li-rtji in fhe iudict- meiit aa follows:—
fij-rai—That oil tlio lllb uf September, 1851, in the couniv of Lancuaier, and wiihin the jur¬ isdiciion of this Courl, lha delV-iidunt, with a greul nnmber of jiersonn, armed and arrayed in u wurlike umiiner, wilb guns, swords und oiher weapons, asseiubled und traitorously combjned to npjioso and prevent iiy iuiiujidatipn and violence, lho execution oflho Inws ol the United Stales, already ndverledto, and ai rayed hiirfeeli inn warlike manner against tho anid United Stales.
6'c |
Month | 12 |
Day | 03 |
Resource Identifier | 18511203_001.tif |
Year | 1851 |
Page | 1 |
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