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)
H. Clemens, A. Clinch, W. Harris, J. Phillips, L. Stewart and C.
Valentine were discharged, having been detained in prison from the
12th to the 25th of September to await their examination. Jacob Woods,
the man last mentioned, does not appear to have been arrested. He
was, towards the close of the examination, upon the witness stand,
virtually, though not formally, as state’s evidence. It appearing that
his testimony implicated himself more than any one else, was probably
the cause of his detention as prisoner instead of witness.
On Monday the 29th of September, “in consequence of the determination
of the District Attorney to send bills to the Grand Jury indicting for
Treason those accused of participation in the Christiana riot,” Judge
Kane charged that body at length upon the law which should govern them
in their inquiries. This course was required of the Judge by his duties
as a public officer; yet many were surprised that he should have taken
as the basis of his charge statements which many persons knew to be
purely imaginative.
He stated briefly the occurrences at Parker’s house on the morning
of the 11th September as he had heard them, and that “it was said
that the time and manner of these outrages evinced a combined purpose
forcibly to resist and make nugatory a constitutional provision; and in
confirmation of this, it is added, that for some months past gatherings
of people, strangers as well as citizens, have been held from time to
time in the vicinity of the place of the recent outbreak, at which
exhortations were made and pledges were interchanged to hold the law
for the recovery of fugitive slaves as of no validity, and to defy
its execution.” Personally, however, the learned Judge said he knew
nothing of the facts, and had attempted to preserve his mind free and
unprejudiced, being one of the members of the tribunal before which the
accused might be tried.
If the circumstances mentioned had taken place, the Judge was correct
in saying the highest crime known to the laws of the United States had
been committed at Christiana. He cited many authorities, and concluded
by stating with what misdemeanors the prisoners could be charged, under
the acts of Congress, if the Grand Jury were of opinion that treason
had not been committed.
On Friday of the same week (Oct. 13) the Grand Jury returned true bills
charging the following men with Treason.
(White). C. Hanway, E. Lewis, J. Scarlett, and James Jackson.
(Colored). J. Moore, G. Reed, B. Johnson, D. Caulsberry, A. Parnsley,
W. Brown, (2nd), H. Green, E. Clark, J. Holladay, W. Williams, B.
Pendergrast, J. Morgan, E. Thompson, T. Butler, C. Wilson, J. Jackson,
W. Brown, J. Clarkson, H. Sims, C. Hunter, L. Gales, P. Woods, L.
Clarkson, N. Carter, W. Parker, J. Berry, W. Berry and G. Williams.
One charging George Wells (colored) with the same offence, was ignored.
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