The Underground Railroad by William Still (big screen ebook reader TXT) 📕

And further, to fulfill and bring to effect, the said traitorous intention of him, the said James Jackson, and in further pursuance, and in the execution of the said wicked and traitorous combination to expose, resist, and prevent the execution of the said laws of the said United States, in the State and District aforesaid, he, the said James Jackson, afterwards, to wit, on the day and year first aforesaid, in the State, county, and district aforesaid, and within the jurisdiction of this court, with the said persons whose names to the grand inquest aforesaid, are as yet unknown, did, wickedly and traitorously assemble against the said United States with the avowed intention, by means of force and intimidation, to prevent the execution of the said laws of the United States in the State and district aforesaid, and in pursuance and execution of such, their wicked and traitorous combination and intention, then and there to the State, district, and county aforesaid, and within the jurisdiction of this court, with force and arms, with a great multitude of persons, to wit, the number of one hundred persons and upwards, armed and arrayed in a warlike manner, that is to say, with guns, swords, and other warlike weapons, as well offensive as defensive, being then and there unlawfully and traitorously assembled, he, the said James Jackson, did, knowingly, and unlawfully assault the said Henry H. Kline, he, the said Kline, being an officer appointed by writing, under the hand of the said Edward D. Ingraham, Esq., a commissioner under said laws, to execute warrants and other process, issued by the said commissioner in the performance of his duties as such; and he, the said James Jackson, did, then and there, traitorously, with force and arms, against the will of the said Kline, liberate and take out of his custody, persons by him before that time arrested, and in his lawful custody, then and there being, by virtue of lawful process against them issued by the said commissioner, they being legally charged with being persons held to service or labor in the State of Maryland, and owing such service or labor to a certain Edward Gorsuch, under the laws of the said State of Maryland, who had escaped therefrom into the said district; and so the grand inquest aforesaid, upon their oaths and affirmations, aforesaid, do say, that he, the said James Jackson, as much as in him lay, did, then and there, in pursuance and in execution of the said wicked and traitorous combination and intention, wickedly and traitorously, by means of force and intimidation, prevent the execution of the said laws of the United States, in the said State and district.

And further to fulfill and bring to effect, the said traitorous intention of him, the said James Jackson, and in pursuance and in execution of the said wicked and traitorous combination to oppose, resist and prevent the said laws of the United States from being carried into execution, he, the said James Jackson, afterwards, to wit, on the day and year first aforesaid, and on divers other days, both before and afterwards in the State and district aforesaid, and within the jurisdiction of this court, with the said persons to this inquest as yet unknown, maliciously and traitorously did meet, conspire, consult, and agree among themselves, further to oppose, resist, and prevent, by means of force and intimidation, the execution of the said laws herein before specified.

And further to fulfill, perfect, and bring to effect the said traitorous intention of him the said James Jackson, and in pursuance and execution of the said wicked and traitorous combination to oppose and resist the said laws of the United States from being carried into execution, in the State and district aforesaid, he, the said James Jackson, together with the other persons whose names are to this inquest as yet unknown, on the day and year first aforesaid, and on divers other days and times, as well before and after, at the district aforesaid, within the jurisdiction of said court, with force and arms, maliciously and traitorously did prepare and compose, and did then and there maliciously and traitorously cause and procure to be prepared and composed, divers books, pamphlets, letters, declarations, resolutions, addresses, papers and writings, and did then and there maliciously and traitorously publish and disperse and cause to be published and dispersed, divers other books and pamphlets, letters, declarations, resolutions, addresses, papers and writings; the said books, pamphlets, letters, declarations, resolutions, addresses, papers and writings, so respectively prepared, composed, published and dispersed, as last aforesaid, containing therein, amongst other things, incitements, encouragements, and exhortations, to move, induce and persuade persons held to service in any of the United States, by the laws thereof, who had escaped into the said district, as well as other persons, citizens of said district, to resist, oppose, and prevent, by violence and intimidation, the execution of the said laws, and also containing therein, instructions and directions how and upon what occasion, the traitorous purposes last aforesaid, should and might be carried into effect, contrary to the form of the act of Congress in such case made and provided, and against the peace and dignity of the United States.

JOHN W. ASHMEAD,

Attorney of the U.S. for the Eastern District of Pennsylvania.

The abolitionists were leaving no stone unturned in order to triumphantly meet the case in Court. During the interim many tokens of kindness and marks of Christian benevolence were extended to the prisoners by their friends and sympathizers; among these none deserve more honorable mention than the noble act of Thomas L. Kane (son of Judge Kane, and now General), in tendering all the prisoners a sumptuous Thanksgiving dinner, consisting of turkey, etc., pound cake, etc., etc. The dinner for the white prisoners, Messrs. Hanaway, Davis, and Scarlett, 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. Hanes, one of the prison officers, dined with the prisoners as their guests. Mayor Charles Gilpin was also present and accepted an invitation to test the quality of the luxuries, thus significantly indicating that he was not the enemy of Freedom.

Mrs. Martha Hanaway, the wife of the "traitor" of that name, and who had spent most of her time with her husband since his incarceration, served each of the twenty-seven colored "traitors" with a plate of the delicacies, and the supply being greater than the demand, the balance was served to outsiders in other cells on the same corridor.

The pro-slavery party were very indignant over the matter, and the Hon. Mr. Brent thought it incumbent upon him to bring this high-handed procedure to the notice of the Court, where he received a few crumbs of sympathy, from the pro-slavery side, of course. But the dinner had been so handsomely arranged, and coming from the source that it did, it had a very telling effect. Long before this, however, Mr. T.L. Kane had given abundant evidence that he approved of the Underground Rail Road, and was a decided opponent of the Fugitive Slave Law; in short, that he believed in freedom for all men, irrespective of race or color.

Castnor Hanaway was first to be tried; over him, therefore, the great contest was to be made. For the defence of this particular case, the abolitionists selected J.M. Read, Thaddeus Stevens, Joseph S. Lewis and Theodore Cuyler, Esqs. On the side of the Fugitive Slave Law, and against the "traitors," were U.S. District Attorney, John W. Ashmead, Hon. James Cooper, James R. Ludlow, Esq., and Robert G. Brent, Attorney General of Maryland. Mr. Brent was allowed to act as "overseer" in conducting matters on the side of the Fugitive Slave Law. On this infamous enactment, combined with a corrupted popular sentiment, the pro-slavery side depended for success. The abolitionists viewed matters in the light of freedom and humanity, and hopefully relied upon the justice of their cause and the power of truth to overcome and swallow up all the Pharaoh's rods of serpents as fast as they might be thrown down.

The prisoners having lain in their cells nearly three months, the time for their trial arrived. Monday morning, November 24th, the contest began. The first three days were occupied in procuring jurors. The pro-slavery side desired none but such as believed in the Fugitive Slave law and in "Treason" as expounded in the Judge's charge and the finding of the Grand Jury.

The counsel for the "Traitors" carefully weighed the jurors, and when found wanting challenged them; in so doing, they managed to get rid of most all of that special class upon whom the prosecution depended for a conviction. The jury having been sworn in, the battle commenced in good earnest, and continued unabated for nearly two weeks. It is needless to say, that the examinations and arguments would fill volumes, and were of the most deeply interesting nature.

No attempt can here be made to recite the particulars of the trial other than by a mere reference. It was, doubtless, the most important trial that ever took place in this country relative to the Underground Rail Road passengers, and in its results more good was brought out of evil than can easily be estimated. The pro-slavery theories of treason were utterly demolished, and not a particle of room was left the advocates of the peculiar institution to hope, that slave-hunters in future, in quest of fugitives, would be any more safe than Gorsuch. The tide of public sentiment changed—Hanaway, and the other "traitors," began to be looked upon as having been greatly injured, and justly entitled to public sympathy and honor, while confusion of face, disappointment and chagrin were plainly visible throughout the demoralized ranks of the enemy. Hanaway was victorious.

An effort was next made to convict Thompson, one of the colored "traitors." To defend the colored prisoners, the old Abolition Society had retained Thaddeus Stevens, David Paul Brown, William S. Pierce, and Robert P. Kane, Esqs., (son of Judge Kane). Stevens, Brown and Pierce were well-known veterans, defenders of the slave wherever and whenever called upon so to do. In the present case, they were prepared for a gallant stand and a long siege against opposing forces. Likewise, R.P. Kane, Esq., although a young volunteer in the anti-slavery war, brought to the work great zeal, high attainments, large sympathy and true pluck, while, in view of all the circumstances, the committee of arrangements felt very much gratified to have him in their ranks.

By this time, however, the sandy foundations of "overseer" Brent and Co., (on the part of slavery), had been so completely swept away by the Hon. J.M. Read and Co., on the side of freedom, that there was but little chance left to deal heavy blows upon the defeated advocates of the Fugitive Slave Law. Thompson was pronounced "not guilty." The other prisoners, of course, shared the same good luck. The victory was then complete, equally as much so as at Christiana. Underground Rail Road stock arose rapidly and a feeling of universal rejoicing pervaded the friends of freedom from one end of the country to the other.

Especially were slave-holders taught the wholesome lesson, that the Fugitive Slave Law was no guarantee against "red hot shot," nor the charges of U.S. Judges and the findings of Grand Juries, together with the superior learning of counsel from slave-holding Maryland, any guarantee that "traitors" would be hung. In every respect, the Underground Rail Road made capital by the treason. Slave-holders from Maryland especially were far less disposed to hunt their runaway property than they had hitherto been. The Deputy Marshal likewise considered the business of catching slaves very unsafe.

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