The Underground Railroad Part 68

From one of the leading daily journals of Philadelphia, we copy as follows:

"There can be no difference of opinion concerning the shocking affair which occurred at Christiana, on Thursday, the resisting of a law of Congress by a band of armed negroes, whereby the majesty of the Government was defied and life taken in one and the same act. There is something more than a mere ordinary, something more than even a murderous, riot in all this. It is an act of insurrection, we might, considering the peculiar cla.s.s and condition of the guilty parties, almost call it a servile insurrection--if not also one of treason. Fifty, eighty, or a hundred persons, whether white or black, who are deliberately in arms for the purpose of resisting the law, even the law for the recovery of fugitive slaves, are in the att.i.tude of levying war against the United States; and doubly heavy becomes the crime of murder in such a case, and doubly serious the accountability of all who have any connection with the act as advisers, suggesters, countenancers, or accessories in any way whatever."

In those days, the paper from which this extract is taken, represented the Whig party and the more moderate and respectable cla.s.s of citizens.

The following is an extract from a leading democratic organ of Philadelphia:

"We will not, however, insult the reader by arguing that which has not been heretofore doubted, and which is not doubted now, by ten honest men in the State, and that is that the abolitionists are implicated in the Christiana murder. All the ascertained facts go to show that they were the real, if not the chief instigators. White men are known to harbor fugitives, in the neighborhood of Christiana, and these white men are known to be abolitionists, known to be opposed to the Fugitive Slave Law, and _known_ to be the warm friends of William F. Johnston, (Governor of the State of Pennsylvania). And, as if to clinch the argument, no less than three white men are now in the Lancaster prison, and were arrested as accomplices in the dreadful affair on the morning of the eleventh. And one of these white men was committed on a charge of high treason, on Sat.u.r.day last, by United States Commissioner Ingraham."

Another daily paper of opposite politics thus spake:

"The unwarrantable outrage committed last week, at Christiana, Lancaster county, is a foul stain upon the fair name and fame of our State. We are pleased to see that the officers of the Federal and State Governments are upon the tracks of those who were engaged in the riot, and that several arrests have been made.

We do not wish to see the poor misled blacks who partic.i.p.ated in the affair, suffer to any great extent, for they were but tools.

The men who are really chargeable with treason against the United States Government, and with the death of Mr. Gorsuch, an estimable citizen of Maryland, are unquestionably _white_, with hearts black enough to incite them to the commission of any crime equal in atrocity to that committed in Lancaster county.

Pennsylvania has now but one course to pursue, and that is to aid, and warmly aid, the United States in bringing to condign punishment, every man engaged in the riot. She owes it to herself and to the Union. Let her in this resolve, be just and fearless."

From a leading neutral daily paper the following is taken: "One would suppose from the advice of forcible resistance, so familiarly given by the abolitionists, that they are quite unaware that there is any such crime as treason recognized by the Const.i.tution, or punished with death by the laws of the United States. We would remind them, that not only is there such a crime, but that there is a solemn decision of the Supreme Court, that all who are concerned in a conspiracy which ripens into treason, whether present or absent from the scene of actual violence, are involved in the same liabilities as the immediate actors. If they engage in the conspiracy and stimulate the treason, they may keep their bodies from the affray without saving their necks from a halter.

It would be very much to the advantage of society, if an example could be made of some of these persistent agitators, who excite the ignorant and reckless to treasonable violence, from which they themselves shrink, but who are, not only in morals, but in law, equally guilty and equally amenable to punishment with the victims of their inflammatory counsels."

A number of the most influential citizens represented the occurrence to the Governor as follows:

"To the Governor of Pennsylvania:

The undersigned, citizens of Pennsylvania, respectfully represent:

That citizens of a neighboring State have been cruelly a.s.sa.s.sinated by a band of armed outlaws at a place not more than three hours' journey distant from the seat of Government and from the commercial metropolis of the State:

That this insurrectionary movement in one of the most populous parts of the State has been so far successful as to overawe the local ministers of justice and paralyze the power of the law:

That your memorialists are not aware that 'any military force'

has been sent to the seat of insurrection, or that the civil authority has been strengthened by the adoption of any measures suited to the momentous crisis.

They, therefore, respectfully request the chief executive magistrate of Pennsylvania to take into consideration the necessity of vindicating the outraged laws, and sustaining the dignity of the Commonwealth on this important and melancholy occasion."

Under this high pressure of public excitement, threatening and alarm breathed so freely on every hand, that fugitive slaves and their friends in this region of Pennsylvania at least, were compelled to pa.s.s through an hour of dreadful darkness--an ordeal extremely trying. The authorities of the United States, as well as the authorities of the State of Pennsylvania and Maryland, were diligently making arrests wherever a suspected party could be found, who happened to belong in the neighborhood of Christiana.

In a very short time the following persons were in custody: J. Castner Hanaway, Elijah Lewis, Joseph Scarlett, Samuel Kendig, Henry Spins, George Williams, Charles Hunter, Wilson Jones, Francis Harkins, Benjamin Thomson, William Brown (No. 1), William Brown (No. 2), John Halliday, Elizabeth Mosey, John Morgan, Joseph Berry, John Norton, Denis Smith, Harvey Scott, Susan Clark, Tansy Brown, Eliza Brown, Eliza Parker, Hannah Pinckney, Robert Johnson, Miller Thompson, Isaiah Clark, and Jonathan Black.

These were not all, but sufficed for a beginning; at least it made an interesting entertainment for the first day's examination; and although there were two or three non-resistant Quakers, and a number of poor defenceless colored women among those thus taken as prisoners, still it seemed utterly impossible for the exasperated defenders of Slavery to divest themselves of the idea, that this heroic deed, in self-defence, on the part of men who felt that their liberties were in danger, was anything less than actually levying war against the United States.

Accordingly, therefore, the hearing gravely took place at Lancaster. On the side of the Commonwealth, the following distinguished counsel appeared on examination: Hon. John L. Thompson, District Attorney; Wm.

B. Faulney, Esq.; Thos. E. Franklin, Esq., Attorney-General of Lancaster county; George L. Ashmead, Esq., of Philadelphia, representative of the United States authorities; and Hon. Robert Brent, Attorney-General of Maryland.

For the defence--Hon. Thaddeus Stevens, Reah Frazer, Messrs. Ford, Cline, and d.i.c.key, Esquires.

From a report of the first day's hearing we copy a short extract, as follows:

"The excitement at Christiana, during yesterday, was very great.

Several hundred persons were present, and the deepest feeling was manifested against the perpetrators of the outrage. At two o'clock yesterday afternoon, the United States Marshal, Mr.

Roberts, United States District Attorney, J.H. Ashmead, Esq., Mr. Commissioner Ingraham, and Recorder Lee, accompanied by the United States Marines, returned to the city. Lieut. Johnson, and officers Lewis S. Brest, Samuel Mitch.e.l.l, Charles McCully, Samuel Neff, Jacob Albright, Robert McEwen, and ---- Perkenpine, by direction of the United States Marshal, had charge of the following named prisoners, who were safely lodged in Moyamensing prison, accompanied by the Marines:--Joseph Scarlett, (white), William Brown, Ezekiel Thompson, Isaiah Clarkson, Daniel Caulsberry, Benjamin Pendergra.s.s, Elijah Clark, George W.H.

Scott, Miller Thompson, and Samuel Hanson, all colored. The last three were placed in the debtors' apartment, and the others in the criminal apartment of the Moyamensing prison to await their trial for treason, &c."

In alluding to the second day's doings, the Philadelphia Ledger thus represented matters at the field of battle:

"The intelligence received last evening, represents the country for miles around, to be in as much excitement as at any time since the horrible deed was committed. The officers sent there at the instance of the proper authorities are making diligent search in every direction, and securing every person against whom the least suspicion is attached. The police force from this city, amounting to about sixty men, are under the marshalship of Lieut. Ellis. Just as the cars started east, in the afternoon, five more prisoners who were secured at a place called the Welsh Mountains, twelve miles distant, were brought into Christiana.

They were placed in custody until such time as a hearing will take place."

Although the government had summoned its ablest legal talent and the popular sentiment was as a hundred to one against William Parker and his brave comrades who had made the slave-hunter "bite the dust," most n.o.bly did Thaddeus Stevens prove that he was not to be cowed, that he believed in the stirring sentiment so much applauded by the American people, "Give me liberty, or give me death," not only for the white man but for all men. Thus standing upon such great and invulnerable principles, it was soon discovered that one could chase a thousand, and two put ten thousand to flight in latter as well as in former times.

At first even the friends of freedom thought that the killing of Gorsuch was not only wrong, but unfortunate for the cause. Scarcely a week pa.s.sed, however, before the matter was looked upon in a far different light, and it was pretty generally thought that, if the Lord had not a direct hand in it, the cause of Freedom at least would be greatly benefited thereby.

And just in proportion as the ma.s.ses cried, Treason! Treason! the hosts of freedom from one end of the land to the other were awakened to sympathize with the slave. Thousands were soon aroused to show sympathy who had hitherto been dormant. Hundreds visited the prisoners in their cells to greet, cheer, and offer them aid and counsel in their hour of sore trial.

The friends of freedom remained calm even while the pro-slavery party were fiercely raging and gloating over the prospect, as they evidently thought of the satisfaction to be derived from teaching the abolitionists a lesson from the scaffold, which would in future prevent Underground Rail Road pa.s.sengers from killing their masters when in pursuit of them.

Through the efforts of the authorities three white men, and twenty-seven colored had been safely lodged in Moyamensing prison, under the charge of treason. The authorities, however, had utterly failed to catch the hero, William Parker, as he had been sent to Canada, _via_ the Underground Rail Road, and was thus "sitting under his own vine and fig tree, where none dared to molest, or make him afraid."

As an act of simple justice it may here be stated that the abolitionists and prisoners found a true friend and ally at least in one United States official, who, by the way, figured prominently in making arrests, etc., namely: the United States Marshal, A.E. Roberts. In all his intercourse with the prisoners and their friends, he plainly showed that all his sympathies were on the side of Freedom, and not with the popular pro-slavery sentiment which clamored so loudly against traitors and abolitionists.

Two of his prisoners had been identified in the jail as fugitive slaves by their owners. When the trial came on these two individuals were among the missing. How they escaped was unknown; the Marshal, however, was strongly suspected of being a friend of the Underground Rail Road, and to add now, that those suspicions were founded on fact, will, doubtless, do him no damage.

In order to draw the contrast between Freedom and Slavery, simply with a view of showing how the powers that were acted and judged in the days of the reign of the Fugitive Slave Law, unquestionably nothing better could be found to meet the requirements of this issue than the charge of Judge Kane, coupled with the indictment of the Grand Jury. In the light of the Emanc.i.p.ation and the Fifteenth Amendment, they are too transparent to need a single word of comment. Judge and jury having found the accused chargeable with Treason, nothing remained, so far as the men were concerned, but to bide their time as best they could in prison. Most of them were married, and had wives and children clinging to them in this hour of fearful looking for of judgment.

THE LAW OF TREASON, AS LAID DOWN BY JUDGE KANE.

The following charge to the Grand Jury of the United States District Court, in reference to the Slave-hunting affray in Lancaster county, and preparatory to their finding bills of indictment against the prisoners, was delivered on Monday, September 28, by Judge Kane:

"Gentlemen of the Grand Jury:--It has been represented to me, that since we met last, circ.u.mstances have occurred in one of the neighboring counties in our District, which should call for your prompt scrutiny, and perhaps for the energetic action of the Court. It is said, that a citizen of the State of Maryland, who had come into Pennsylvania to reclaim a fugitive from labor, was forcibly obstructed in the attempt by a body of armed men, a.s.saulted, beaten and murdered; that some members of his family, who had accompanied him in the pursuit, were at the same time, and by the same party maltreated and grievously wounded; and that an officer of justice, const.i.tuted under the authority of this Court, who sought to arrest the fugitive, was impeded and repelled by menaces and violence, while proclaiming his character, and exhibiting his warrant. It is said, too, that the time and manner of these outrages, their a.s.serted object, the denunciations by which they were preceded, and the simultaneous action of most of the guilty parties, evinced a combined purpose forcibly to resist and make nugatory a const.i.tutional provision, and the statutes enacted in pursuance of it: and it is added, in confirmation of this, that for some months back, gatherings of people, strangers, as well as citizens, have been held from time to time in the vicinity of the place of the recent outbreaks, at which exhortations were made and pledges interchanged to hold the law for the recovery of fugitive slaves as of no validity, and to defy its execution. Such are some of the representations that have been made in my hearing, and in regard to which, it has become your duty, as the Grand Inquest of the District, to make legal inquiry. Personally, I know nothing of the facts, or the evidence relating to them. As a member of the Court, before which the accused persons may hereafter be arraigned and tried, I have sought to keep my mind altogether free from any impressions of their guilt or innocence, and even from an extra-judicial knowledge of the circ.u.mstances which must determine the legal character of the offence that has thus been perpetrated. It is due to the great interests of public justice, no less than to the parties implicated in a criminal charge, that their cause should be in no wise and in no degree prejudged. And in referring, therefore, to the representations which have been made to me, I have no other object than to point you to the reasons for my addressing you at this advanced period of our sessions, and to enable you to apply with more facility and certainty the principles and rules of law, which I shall proceed to lay before you.

If the circ.u.mstances, to which I have adverted, have in fact taken place, they involve the highest crime known to our laws.