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
“Who will stand best with posterity--the father who prostitutes his
powers as a judge to procure the conviction of peaceable citizens as
traitors for refusing to aid in the capture of fugitive slaves, or the
son who ministered to the wants of those citizens while incarcerated in
a loathsome prison? Need we answer the question?”
The Maryland witnesses do not appear to have had as cheery a
Thanksgiving as the prisoners. Dickinson Gorsuch’s diary had this entry:
“THURSDAY, NOV. 27. Thanksgiving Day. This has been a great holiday
here; there was no court today. We went to Mr. Ashmead’s office and
stayed awhile. John Bacon went home after the clothes I wore when I
was shot.”
During their imprisonment the colored people and their families were
largely supported by outside friends and sympathizers; and many an item
such as this, recorded in the cash book of B. L. Wood (father of Mrs.
David W. Jackson), is set down to the credit of sympathetic friends:
10th mo. 8, 1851. Dr. 1 pair of pants and 1 shirt given to Elijah
Clark in Moyamensing; also sent his wife qr. middlings.
In another respect the official complaints of Maryland’s Governor and
Attorney General against Pennsylvania justice call for correction at
even this late day. Both aver that “the murder” of Kennedy, a slave
owner, at Carlisle, killed in resistance of the fugitive slave law,
went utterly unpunished: The facts are that in that offense the rioters
and rescuers were led by John Clellans and he and thirty-six others
were indicted. Besides Clellans twelve of the accused were convicted of
riot and of riotously rescuing fugitive slaves from the lawful custody
of their owners. Judge Hepburn sentenced them to solitary confinement
at labor in the Eastern Penitentiary for three years. Charles Gibbons
represented them on an appeal to the Supreme Court; and Deputy Attorney
General (District Attorney) Bonham for the Commonwealth, argued before
that tribunal that Pennsylvania followed the law of England, which upon
conviction for riot authorized fine, imprisonment and the pillory, and
therefore sentence to the penitentiary was lawful. Justice Burnside
delivering the opinion of the Supreme Court, declared “it was an
aggravated case of riot”; but that as Pennsylvania had adopted the
English common law, the imprisonment must be in the county jail, and
the final judgment of the court was that as the prisoners had been
confined in the Eastern Penitentiary about three-fourths of a year, “we
deem this as severe a punishment as if they had been confined in the
county jail, where they legitimately should have been sent, for two
years.” (Clellans _vs._ Com. 8 Barr. 223.)
Meantime the friends of Hanway, Lewis and others, incensed at the
continued prosecutions in Lancaster county, assumed the aggressive.
Public-domain text, read in full here on John Shaqi.
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