The Christiana Riot and the Treason Trials of 1851: An Historical SketchHensel, W. U. (William Uhler)
History
The Christiana Riot and the Treason Trials of 1851: An Historical Sketch
Hensel, W. U. (William Uhler)
Christiana (Pa.) -- History; Riots -- Pennsylvania -- Christiana
In the so-called official report of the Castner Hanway trial, which
involved the final disposition of all the treason cases, it is fitly
stated by the author and editor that “the ability which marked the
trial throughout, the patient attention of the judges, the eloquence
and learning of the Counsel, and the full examination of every matter
of fact and law in any manner involved, gave to the trial a deep and
abiding importance, such as will make its perusal interesting to the
general reader, and of indispensable use to the Legal Profession.”
It is not to be expected, however, that a detailed report of these
proceedings or a presentation of their technical aspect falls within
the scope or prescribed limits of this sketch. Those desirous of
perusing them can get access to Mr. Robbins’ report in many libraries;
lawyers will find the case reported for their special benefit in Vol.
II of Wallace’s Report of Circuit Court Cases for the Third District,
pp. 134-208. The report of Attorney General Brent and the message of
Governor Lowe, in the Maryland State Documents, 1852, constitute an
interesting history of the facts and valuable discussion of the law;
and Mr. Jackson’s reply undoubtedly corrects and modifies some of the
impressions that the complaints of the Marylanders would tend to create.
Even outside of these quasi-official documents there remain signs
that there was some division of counsel, if not conflict of opinion,
among those engaged in the prosecution as to the most expedient
course to take and the more effective remedy to apply to the broken
law. Whatever the private opinion of U. S. District Attorney Ashmead
may have been, his presentation of the case and his entire part in
the trial evinced no lack of preparation or ability and no want of
sincerity in the Government’s cause. He shrank from no responsibility
that his position imposed. He was, moreover, the direct representative
of the Law Department of the Fillmore administration. His chief was
Attorney General John J. Crittenden and Daniel Webster was the premier
of that Cabinet. There was at that time no “Department of Justice” as
now organized; there was simply the office of the Attorney General, and
an investigation of the archives of the Department fails to disclose
anything whatever with respect to the affray or the trials. There is,
however, authority for the statement that the final determination to
prosecute for treason was made by Webster and Crittenden, who concluded
and advised “that even if a conviction were not obtained, the effect
of the trial would be salutary in checking Northern opposition to the
enforcement of the Fugitive Slave Act.”
Some question of professional etiquette arose between counsel who
appeared for the State of Maryland and those who represented the United
States by direct employment for the Government. Mr. Brent reports that
this was “satisfactorily adjusted in a personal interview” with Mr.
Ashmead. He further says:
Public-domain text, read in full here on John Shaqi.
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