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
After the Act of 1826 the border troubles, especially between York and
Lancaster Counties, Pennsylvania, and Cecil, Harford and Baltimore
Counties, Maryland, were much intensified. Mason and Dixon line was
the imaginary demarcation between two wholly antagonistic social and
political orders. The same person might be a Maryland slave under
Maryland law and a Pennsylvania freeman under Pennsylvania law. Owners
and agents, armed with Maryland authority to reclaim property, made
theirs by Maryland law, were felonious kidnappers in Pennsylvania.
The anomalous condition of affairs and the legal difficulties arising
out of it are best illustrated by actual facts. A slave woman escaped
from her owner, James S. Mitchell, of Cecil County, Maryland, in 1845.
During her absence, as a fugitive from his service, she had given birth
in New Jersey to an illegitimate child. Through the instrumentality
of agents, residing in Pennsylvania, Mitchell apprehended the woman,
who together with the child, had been delivered to him at Elkton, in
Cecil County. The woman was taken in Pennsylvania by George P. Alberti
and James Frisby. These agents, themselves fearing to incur possible
responsibilities, had repeatedly refused to take the child with the
mother; until finally overcome by the entreaties of the mother herself,
they yielded to their feelings of benevolence, and assumed the risk.
They were arrested for kidnapping; evidence to show their motives in
including the child in the return was excluded, and they were sentenced
to long terms in the penitentiary--for permitting it to accompany the
mother, whose own recapture and return by them were admittedly lawful.
The state of the record of the case was such that it could not be
appealed to the United States Supreme Court. Mitchell himself, who had
not even been in Pennsylvania, was indicted here for kidnapping the
child and was subject to seven years in the penitentiary. The Governor
of Pennsylvania issued, and the Governor of Maryland declined to honor,
a requisition for him. There were many other cases of which this was a
type.
On the other hand, there were unquestionably well-authenticated cases
of slaves returned in violation of their legal claims and of free
negroes brutally kidnapped and remorselessly sold to slavery without a
fair hearing and adjudication of their rights. The offenders were often
protected by legal technicalities, obstructions or difficulties, and by
friendly jurisdictions North or South.
A case pregnant with great legal and political consequences finally
arose under the conflicting claims of Maryland and Harford County on
one side and Pennsylvania and York County on the other. It reached the
Supreme Court of the United States and the contest was a momentous
battle in the campaign of pro- and anti-slavery agitation. Lawyers will
find it fully reported in 16 Peters, U. S., 539 (1842):
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account