CHAPTER XI.

THE LATER TRIALS.

Legal Proceedings in Lancaster County--Prisoners Remanded to Local

Jurisdiction--President Fillmore’s Message--Attorney General

Brent’s Report--Final Disposition of the Cases in the Lancaster

County Court--“Sam” Williams Tried in Philadelphia and Acquitted.

There was, however, a very considerable political and legal aftermath

to the proceedings at Philadelphia. The intimation of so eminent an

authority as a justice of the Supreme Court of the United States to

the effect that some official duty devolved upon the Lancaster County

authorities could not be ignored. Accordingly District Attorney John L.

Thompson, who was in his day one of the leaders of the Lancaster County

Bar, framed bills of indictment to the January Sessions 1852 against

many of those who had been arraigned for treason in Philadelphia. On

Wednesday, December 31, Marshal Roberts brought to the Lancaster County

prison from Philadelphia the following persons: Alson Pernsley, Lewis

Gales, Lewis Clarkson, Charles Hunter, Nelson Carter, Thomas Butler,

Henry Green, Collister Wilson and George Williams,--all these were on

the same evening discharged by the District Attorney, as he deemed the

evidence insufficient to warrant their detention.

On the same evening George Williams was arrested as a fugitive slave

and taken to Penningtonville, where he took advantage of the sleepiness

of his captors and walked off, and “straight was seen no more,” to the

great chagrin of Henry H. Kline, the officer who made the arrest, and

of the owner of the slave, who was asleep on the floor.

Saturday, January 3, 1852, Marshal Roberts brought to Lancaster as

prisoners John Morgan, Jacob Moore, Ezekiel Thompson, Isaiah Clarkson,

John Williams, John Jackson, Benjamin Johnson, George Read, Daniel

Caulsberry, Benjamin Pendergrass, William Williams, John Holliday,

William Brown, Elijah Clark, William Brown, Jr., and Henry Sims, as

prisoners, and five colored persons as witnesses. The witnesses were

discharged on their recognizance to appear at Court to testify.

Public and political interest in the Riot and the Trials was not

allowed to flag from inattention to the issues they involved by those

high in authority. From “the seats of the mighty” deliverances were

heard against what was interpreted in some quarters as successful

offensive resistance to law. In his early message to Congress in

December, 1851, President Fillmore had these paragraphs, relating to

the events at Christiana.

“It is deeply to be regretted that in several instances officers of

the Government, in attempting to execute the law for the return of

fugitives from labor, have been openly resisted and their efforts

frustrated and defeated by lawless and violent mobs: that in one case

such resistance resulted in the death of an estimable citizen, and

in others serious injury ensued to those officers and to individuals

who were using their endeavors to sustain the laws. Prosecutions have

been instituted against the alleged offenders so far as they could be

identified, and are still pending. I have regarded it as my duty in

these cases to give all aid legally in my power to the enforcement of

the laws, and I shall continue to do so wherever and whenever their

execution may be resisted.”

“Some objections have been urged against the details of the act for the

return of fugitives from labor, but it is worthy of remark that the

main opposition is aimed against the Constitution itself, and proceeds

from persons and classes of persons many of whom declare their wish to

see that Constitution overturned. They avow their hostility to any law

which shall give full and practical effect to this requirement of the

Constitution. Fortunately the number of these persons is comparatively

small, and is believed to be daily diminishing; but the issue which

they present is one which involves the supremacy and even the existence

of the Constitution.”

At an anti-slavery meeting, in Philadelphia, held on December 18, 1851,

Joshua R. Giddings and Lucretia Mott were speakers. The large audience

grew tumultuously enthusiastic over the presentation on the platform of

Castner Hanway and Elijah Lewis.

After the trial William H. Seward sent the following Christmas greeting

to District Attorney Ashmead, whose son, Henry G. Ashmead, historian

of Delaware County and resident of Chester, cherishes the manuscript;

Mr. Seward was then in his first term as United States Senator, but had

already distinguished himself as an anti-slavery leader:

WASHINGTON December 25, 1857

_My Dear Sir_,

I thank you for the kind remembrance manifested by you sending me a

copy of your opening Argument on the late Trial for Treason. While

I cannot but rejoice in the result of that trial as a new assurance

of the security of Popular Liberty, I am not unable to appreciate

the ability with which you have maintained the untenable position

which the Government was made to assume. The argument is highly

logical and eloquent, and I cannot better manifest my good wishes

for you and for the Country than by expressing a hope that it may

be the good fortune of the cause of truth and justice hereafter to

enlist you on their side.

I am, my dear Sir,

Very respectfully & truly

Your friend,

WILLIAM H. SEWARD.

John W. Ashmead Esq.,

District Attorney of the United States

Philadelphia.

In his message to the General Assembly of Maryland at the following

January Session, Governor Lowe referred at length to the Gorsuch

tragedy. Despite the assurances of the Federal administration through

Secretary of State Daniel Webster, that all the energies of the law

would be exerted to bring the offenders to justice, Maryland had felt

constrained to actively participate in the prosecution. “The blood

of a Marylander,” he declared, “cried out from the earth; whilst the

Genius of the Union called aloud for a vindication of outraged laws.”

Otherwise “the flame of excitement would spread from the hills of

Maryland to the savannahs of the extreme South, until every Southern

State would unite in one common feeling of horror and indignation.”

Senator Cooper had been retained by him; and despite the high ability

and signal service of both him and Maryland’s Attorney General,

there had been a gross miscarriage of justice. With a fervor of

rhetoric that was more common then in State papers than it is now, he

declared: “Shall domestic feuds destroy our power, when the eyes of

all nations are turned to the star of our empire, as the harbinger of

their deliverance? Shall Kossuth blast Hungary with the breath of our

discord? Shall O’Brien, in his lonely exile, see the hope of Ireland

pass down the horizon, with the western sun? May so incalculable a

calamity be spared to the nations of the earth. And yet, when American

blood is made to flow upon American soil, as a grateful libation to

American fanaticism; when whole communities stand listlessly by, and a

prostituted press and venal politicians are found, in the open day, to

glory in the human sacrifice; when the Law proclaims its own weakness

from the Bench, and Treason stalks unpunished, through the halls of

justice; the Nations can judge of the probable remoteness of that

calamity.”

The official report of his Attorney General justified the Governor in

becoming somewhat heated over the outcome at Philadelphia. Mr. Brent

had suffered not only some personal irritation over his position there,

but a keen professional disappointment in his failure to convict. The

blame for this he distributed very generally among the people of the

North who sympathized with resistance to the Fugitive Slave Law; the

partisan character of the jury panel; the partiality of the daily

press reports; the sympathy of the spectators; the treachery of the

prison officials; the bribery of Scott, the government’s witnesses;

and egregious errors of law committed by Judge Grier. Even the amiable

Marshal did not escape criticism, as evinced by this paragraph:

“I brought to the attention of the court, the fact stated in the

‘Pennsylvania Freeman,’ that the Marshal (Mr. Roberts) had actually

dined with the prisoners, or some of them, during the trial, on

Thanksgiving day, and when I was about to read the article from the

paper I was stopped by his Honor, Judge Grier, who in behalf of the

Marshal, denied the truth of the statement that he had so dined; but

unfortunately for the Judge’s interposition, the Marshal immediately

afterwards made his own explanation, and admitted that he had not only

assisted at the dinner, ‘but had set down and partaken sparingly’

of the Thanksgiving dinner, with the white prisoners. I cannot but

consider such conduct as highly unbecoming that officer from whom, next

to the Judge, we had a right to expect impartiality and a due regard

for decorum.”

It is only fair to all concerned to say that the Attorney General’s

indignation was not taken very seriously. Attorney Jackson’s history of

the case corrects some of his exaggerations, and especially points out

that all of Mr. Brent’s colleagues exculpated Marshal Roberts from any

misconduct. Judge Kane’s own son, was known to have extended various

kindnesses and courtesies to the prisoners.

Mr. Brent’s complaint on this score seems almost ridiculous when

one reads the full particulars of the affair, as published in the

Philadelphia Freeman of December 4, 1851. That newspaper says:

“It affords us great pleasure to state, that the Christiana prisoners

were not wholly forgotten on Thursday last in the distribution of the

good things pertaining to Thanksgiving. Thomas L. Kane, Esq. (son of

the Judge), sent to the prison for their use six superior turkeys, two

of them extra size, together with a pound cake, weighing 16 pounds.

The turkeys were cooked with appropriate fixings, by order of Mr.

Freed, the Superintendent, in the prison kitchen, by a female prisoner

detached for the purpose. The dinner for the white prisoners, Messrs.

Hanway, Lewis and Scarlet, was served in appropriate style in the room

of Mr. Morrison, one of the keepers. The U. S. Marshal, A. E. Roberts,

Esq., several of the keepers and Mr. Hawes, one of the prison officers,

dined with the prisoners as their guests. Mayor Gilpin coming in,

accepted an invitation to test the quality of the pound cake, Mrs.

Martha Hanway who has the honor to be the wife of the ‘traitor’ of that

name, and who has spent most of her time with her husband since his

incarceration, served each of the 27 colored ‘traitors’ with a plate of

turkey, potatoes, pound cake, &c., and the supply not being exhausted,

all the prisoners on the same corridor were similarly supplied.

“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.

They procured the indictment to the January Sessions, 1852, No. 38, in

Lancaster County, of Deputy Marshal Henry H. Kline, for perjury. It was

laid in this indictment that he had sworn falsely at the hearing before

Alderman Reigart, wherein he averred that he had shown his warrant to

Hanway, asked him and Lewis to spare his men, that they defied the

warrant and encouraged the rioters and in various other particulars.

Upon this bill of indictment appeared the names of a large number of

witnesses, and Kline was held in $1,000 bail before Charles G. Freeman,

alderman of Philadelphia, to answer at the Lancaster Court.

It appears from the subsequent history of the case that all parties

involved were by this time willing to have “somebody help them to

let go”; and accordingly at the January Sessions, Joseph McClure, of

Bart township, being foreman of the jury, this bill against Kline for

perjury, being No. 38, was ignored, and also the following, indictments

all to the same sessions and for Riot: No. 57, William Brown; No. 58,

Wm. Williams; No. 59, Henry Green; No. 60, William Brown, Jr.; No. 61,

Benjamin Johnson; No. 63, Daniel Caulsberry; No. 64, George Wells; No.

65, George Williams; No. 66, Alson Pernsley; No. 67, Lewis Gales; No.

68, Lewis Clarkson; No. 69, Chas. Hunter; No. 70, Nelson Carter; No.

71, Jacob Woods, a brother of Peter Woods; No. 72, Peter Woods; No.

73, Israel Clarkson; No. 74, John Williams; No. 75, John Jackson; No.

76, Castner Hanway; No. 77, Elijah Lewis; No. 78, John Morgan; No. 81,

Benjamin Pendergrass; No. 82, John Holliday; No. 83, Thomas Butler; No.

84, Elijah Clark; No. 85, Collister Wilson.

With this termination of the cases in the local courts all prosecutions

were finally ended except that of Samuel Williams, in the United States

District Court at Philadelphia. He was there charged with interfering

with the execution of warrants for the arrest of Noah Buley and Joshua

Hammond, runaway slaves. His case was first called for trial on

January 5, and continued until January 12. Mr. Ashmead and Messrs.

Ludlow appeared for the prosecution, and R. P. Kane, W. S. Pierce and

David Paul Brown for the defense. The following jury was empanelled to

try his case; the last name on the list will be recognized as that of

an estimable citizen of Lancaster County:

Pratt Roberts, Chester County; Thomas Vaughan, Philadelphia; Henry

McMahen, Philadelphia; Patrick McBride, Philadelphia; Michael Keenan,

Philadelphia; Fredk. Boley, Sr., Philadelphia; Joseph Dowden, Chester

County; Samuel Culp, Germantown; Minshall Painter, Delaware County;

Joseph Thornton, Philadelphia; Francis Parker, Chester County; Peter

McConomy, Lancaster.

Kline was the principal witness on this trial, and his testimony was

practically a repetition of what he had sworn to in the Hanway case.

The trial judge fell ill during the progress of the case and it was

continued the third time and resumed on February 2, argued to the

jury on February 3, and, on February 4, a verdict of “not guilty” was

rendered.

This closes the record of all judicial proceedings arising out of the

Christiana Riot.

The Christiana Riot and the Treason Trials of 1851: An Historical Sketch · 第 11 / 13 章