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
Before the defense was formally opened its course and character had
been anticipated by the cross-examination of Mr. Stevens; in this
quality of a trial lawyer he was an acknowledged master. The opening
speech of Mr. Cuyler referred to the division among the counsel
for the prosecution; it praised the fairness of Mr. Ashmead, who,
it declared, had been remanded to the background, because Maryland
distrusted the justice of Pennsylvania. This was an effective appeal
to the State pride of the jury. He vigorously assailed Kline, who
had been the Government’s most zealous witness. He traced the course
of Pennsylvania’s legislation on slavery and insisted that this
Commonwealth was “ever true to her plighted constitutional good faith”;
he extolled Hanway’s civic virtues, and dwelt with emphasis upon the
local agitation over the “lawless and diabolical outrages” of the
kidnappers; and finally ridiculed the idea of treason in the allegation
that “three harmless, non-resisting Quakers, and eight-and-thirty
wretched, miserable, penniless negroes, armed with corn-cutters, clubs,
and a few muskets, and headed by a miller, in a felt hat, without a
coat, without arms, and mounted on a sorrel nag, levied war against the
United States.”
When Mr. Stevens began the production of testimony for the defense with
offers to prove the recent kidnapping outrages in the neighborhood of
Gap, the legal storm center of the trial was at hand. The prosecution
saw and feared the influence of this line of evidence as keenly as
the defense recognized its force and value. Judges Grier and Kane
both discerned the vital issue at once and long before the argument
concluded, pointed out that as the accusation was treason--a position
founded upon some previous conspiracy--the defense must be allowed the
same latitude to disprove intent as had been allowed to the prosecution
to establish it. This opened the way for Thomas Pennington to tell the
story of what had occurred at the home of his son-in-law, William Marsh
Chamberlain, the preceding January--it was the same night, by the way,
that “James Ray fell dead as he entered the door of his own house.” As
has been heretofore related, in the absence at Ray’s of the head of the
Chamberlain household, the black man in employ was beaten and dragged
out and carried off by intruders without legal process and led by local
abettors of the capture.
The fact that it was not shown the man taken was a free man, or
that he may have been reclaimed by the authority of his owner, made
little difference in the popular feeling about the affair or in the
effectiveness of the incident for trial purposes. If such ruthlessness
might be technically legal it made the slave law none the less odious!
Public-domain text, read in full here on John Shaqi.
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