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
Story, of Massachusetts, delivered the Court’s opinion. He had been
appointed by Madison, served a long time on the bench and was a jurist
of high renown; but Taney, C. J., while concurring in the judgment,
expressly dissented from the doctrine that the State authorities were
“prohibited from interfering for the purpose of protecting the rights
of the master and aiding him in the recovery of his property.” He
thought the contrary to be not only the right, but the duty of the
State. The Federal Constitution meant this when it declared “the
fugitive shall be given up.” He predicted that if the State officials
under the State laws could not arrest the fugitive, “the territory of
the State must soon become an open pathway for the fugitives escaping
from other States.” Justices Baldwin and Thompson concurred with Taney;
Wayne with Story, and also Daniel, filing opinions. McLean held that
Congress might prescribe the duty of State officers. All seven Justices
expressed separate opinions.
Taney’s forecast was right. Maryland and Pennsylvania--especially the
southeastern counties of this State--soon became an open pathway for
the fugitive slaves. Their track was lighted from many a window in the
households of the Chester Valley; and two main lines of the Underground
Railroad ran through Lancaster County, close to where the two lines of
the great steam railway which traverses it from east to west are now
located.
Acquiescing in this decision Pennsylvania, in 1847, repealed the
provisions of the Act of 1826 repugnant to the Federal Constitution;
and remanded the whole subject to Congress. Like legislation in other
States left the slaveholders stripped of the remedies they claimed
under the Constitution. Hence the Fugitive Slave Law of 1850, with its
more drastic processes, manifold deputies marshal, “_posse comitatus_”
of the bystanders, penalties for obstruction of processes and many
other provisions--which if they had been tolerable under the conditions
prevailing long after 1793, had now become odious to the largely
increased and rapidly increasing number of persons who were opposed to
all forms of slavery, regardless of its constitutional protection or
right at law.
Public-domain text, read in full here on John Shaqi.
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