A History of the Trial of Castner Hanway and Others, for Treason, at Philadelphia in November, 1851: With an Introduction upon the History of the Slave QuestionMember of the Philadelphia bar
History
A History of the Trial of Castner Hanway and Others, for Treason, at Philadelphia in November, 1851: With an Introduction upon the History of the Slave Question
Member of the Philadelphia bar
Fugitive slaves -- Legal status, laws, etc. -- United States; Hanway, Castner, 1821-1893 -- Trials, litigation, etc.; Riots -- Pennsylvania -- Christiana; Trials (Treason) -- Pennsylvania -- Philadelphia; United States -- Fugitive slave law (1850)
condition of the African race”--a society which deserves especial
mention here, as one of the latest acts of its useful and honorable
career, has been to support the defence in the Treason trials, to a
history of which this brief essay is intended as a preface. A petition
of the same nature, as that of the Yearly Meetings, was presented
from this Society and signed by Franklin--this being perhaps the last
official act of a strangely varied life, in the whole course of which
it would be difficult to point out a single step taken unadvisedly,
or a word uttered which the speaker would afterwards have wished to
retract. After a long recital, the memorial concluded, by praying
“that Congress would promote mercy and justice towards this distressed
race; and step to the very verge of the power vested in them, for
discouraging every species of traffic in the persons of our fellow men.”
It would be difficult for any but a congressman, looking at this paper
now, to find in it the materials for excited debate, or, at any rate,
for violent invectives against the impertinence of its framers. It
certainly does not arrogate the privilege of judging or even suggesting
the course which it behoved Congress to take. With mingled modesty
and confidence, it is left to more deliberate counsels to determine
what may be and what ought to be done, the petitioners only imploring,
for the sake of humanity, religion, and consistency, that all which
could be done, should be done. If such was the spirit that offered
it, that which received it was widely different. The debate of the
previous day was renewed with additional violence--policy, interest,
the Constitution, the Declaration of Independence, history, antiquity,
justice, religion, and the Bible, were as usual confidently invoked
to the support of both sides. The house was divided much in the same
way as the Convention had been on the same subject. But the debate
is entitled to particular notice, as opening for the first time the
constitutional question which for many years agitated both houses, as
to how far Congress could be considered as true to its duty in refusing
to listen to and to commit any memorial whatever, not flatly absurd and
extravagant--no matter how certain might be the fate which in committee
it was doomed to meet. The negative was earnestly insisted upon by
Madison and Paige from Virginia, and the petition was finally committed
by a vote of forty-three to eleven. After a month’s deliberation the
committee produced an elaborate report, submitting that Congress had no
power to abolish the slave trade till 1808, though they might regulate
the manner in which it was conducted, and impose the tax of ten dollars
if they saw fit; that they had no power to emancipate the slaves
already held in the various States, nor to interfere with the domestic
legislation by which the several State legislatures might see fit to
govern or educate this species of property; but that they had the
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