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Article
A History of the Trial of Castner Hanway and Others – November, 1851
Courtesy of the Library of Congress.
Title: A history of the trial of Castner Hanway and others, for treason, at Philadelphia in November, 1851. With an introduction upon the history of the slave question.
Date: 1852
Location: State House (Independence Hall)
Object Information: Paper document
Repository: Member of the Philadelphia Bar. A history of the trial of Castner Hanway and others, for treason, at Philadelphia in November, With an introduction upon the history of the slave question. Philadelphia: Uriah Hunt & Sons, 1852. https://www.loc.gov/item/44019568/.
Description:
In September 1851, Castner Hanway, along with at least thirty-eight other Black and white American men, were indicted for their supposed involvement in a violent incident preventing a US deputy marshal and his armed party from arresting the four freedom seekers. Edward Gorsuch, a white American enslaver from Maryland, requested the arrests of Joshua Hammond, George Hammond, Nelson Ford, and Noah Buley believed to be staying in Christiana, Pennsylvania. Gorsuch requested the arrests using the 1850 Fugitive Slave Act which allowed for the search, capture, and return of freedom seekers found anywhere across the United States. The violent incident (known as the Christiana Resistance) turned deadly when Gorsuch was mortally wounded, and several others were injured. The charges against Castner Hanway and all others were dropped by the end of the trial held in a second-floor Circuit Court room in the Pennsylvania State House, now known as Independence Hall.
Date: 1852
Location: State House (Independence Hall)
Object Information: Paper document
Repository: Member of the Philadelphia Bar. A history of the trial of Castner Hanway and others, for treason, at Philadelphia in November, With an introduction upon the history of the slave question. Philadelphia: Uriah Hunt & Sons, 1852. https://www.loc.gov/item/44019568/.
Description:
In September 1851, Castner Hanway, along with at least thirty-eight other Black and white American men, were indicted for their supposed involvement in a violent incident preventing a US deputy marshal and his armed party from arresting the four freedom seekers. Edward Gorsuch, a white American enslaver from Maryland, requested the arrests of Joshua Hammond, George Hammond, Nelson Ford, and Noah Buley believed to be staying in Christiana, Pennsylvania. Gorsuch requested the arrests using the 1850 Fugitive Slave Act which allowed for the search, capture, and return of freedom seekers found anywhere across the United States. The violent incident (known as the Christiana Resistance) turned deadly when Gorsuch was mortally wounded, and several others were injured. The charges against Castner Hanway and all others were dropped by the end of the trial held in a second-floor Circuit Court room in the Pennsylvania State House, now known as Independence Hall.
TRANSCRIPT
A
HISTORY OF THE TRIAL
OF CASTNER HANWAY AND OTHERS,
FOR
TREASON,
AT PHILADELPHIA IN NOVEMBER, 1851.
WITH AN INTRODUCTION UPON THE HISTORY OF THE SLAVE QUESTION. BY A
MEMBER OF THE PHILADELPHIA BAR.
PHILADELPHIA: URIAH HUNT & SONS, No. 44 NORTH FOURTH STREETS.
1852.
Page 2
MERRIHEW AND THOMPSON, PRINTERS.
In Exchange Peabody Inst. of Balto, June 14 1927
Page 3
PREFACE.
The following pages contain a short history of the late Christiana Treason Trials. During their progress a phonographic report of all the proceedings was taken and printed, by order of the Court, for the use of the Judges and Counsel employed in the cause. For this a copy right was secured, and proposals issued for publishing it in full. Though more than six months have elapsed, this has not yet been done, and the only account of the transactions to which the public have access, is contained in the daily papers of New York and Philadelphia. This pamphlet has been prepared to supply the deficiency.
The sources of information used in compiling it, have been the phonographic reportal ready referred to; a transcript of the docket of Alderman Reigart of Lancaster; a transcript of the docket of E. D. Ingraham, Esquire, Commissioner of the U. S., resident in Philadelphia; the records of the Philadelphia County Prison; the records of the Circuit and District Courts; and the files of the Evening Bulletin. Where these have not furnished a connected story, the deficiency has been supplied from the writer's own recollection, or that of his friends, who attended upon or participated in the trial.
Some of the most glaring absurdities and incongruities contained in Mr. Brent's pamphlet,which he calls “A Report to his Excellency Governor Lows in relation to the ChristianaTreason Trials,” have been pointed out. The very limited circulation of this work, confined, we believe, to a few who received copies as a personal favor, would render any notice of it unnecessary, had it not been published in s measure by the authority of the State, whose imaginary wrongs its author has, by these means, sought to vindicate. The almost scurrilous terms in which it denounces the majority of the citizens of Philadelphia, the people of Pennsylvania, the officers of the Court in which the trials were held, the Judges who presided, and, in short, every one connected with the case, except counsel and the witnesses for the prosecution, are conclusive evidence of more anxiety to emit spleen and mortification, than to subserve the purposes of truth and justice.
Page 4
A popular, not a professional view of the subject has been attempted. It is amongst the body of the people that false reports have been spread, and to the people this statement is addressed, in hopes that it may tend to correct the evil. In accordance with the wish of the publishers, a brief introduction has been prefixed, embracing a connected view of all the many attempts which have been made, at various periods to settle, by Congressional legislation, the embarrassing question of slavery. The main object is to show the views entertained upon the subject by the great statesmen who framed the Constitution, and watched over its first developments; and accordingly much more space has been devoted to that early legislation, than to measures which are still fresh in the recollection of those whom we address. The essay is thought to be appropriate in this connection, because the late great Compromise, of which these trials are one ofthe earliest fruits, is the legitimate consequence of long antecedent measures, and cannot be fully understood or appreciated without bestowing much previous study upon our early political history. The sources from which this introduction has been compiled are strictly original, consisting, as far as possible, of official or semi-official documents and reports.
Page 5
SLAVERY AS A NATIONAL QUESTION.
The following brief essay is not intended to be an argumentative discussion of the subject upon which it treats. Discussions of that sort have abounded so much of late years, that there would be much more presumption than wisdom in any attempt to increase thenumber. But perhaps it may be matter of interest, now that the conflict has been going on for more than sixty years, to know something of its earlier phases, of its varied successes,and of the deeds done and the words spoken by those who fought the same battle long ago in the infancy of the republic. The region of historical research which we are about to explore, appears to be almost a terra incognita to the majority of the fiery debaters who now-a-days are prosecuting this wordy war; or if they occasionally plunge into it for a moment, it is only to hurry back in premature triumph, dragging captive some unhappy straggling passage of Jefferson or Jay, to serve as a bone of contention for a whole generation of self-constituted agitators in and out of Congress. Now if the object is merely to perpetuate the agitation, the course pursued is unquestionably a wise one; for, short as our national history is, the stock of facts which it supplies us with upon the subject is assuredly large enough, if used with but a tithe of the economy heretofore exhibited, to last till the Union and Time itself shall be no more. But there are some quiet spirits still left who get weary of this hopeless strife, and who can scarcely afford to adopt the advice of the Scotch clergyman—to wait for rest till they get to heaven; who cannot help calling out, “Peace, peace,” however discordant the answer may he; and who, if they needs must fight, would be glad to know what they're fighting about, fight in earnest and be done with it. To answer, then, at least one of these questions, and suggest to this rapidly increasing class precisely what the present phase of the battle is, and what hopes there are of final peace, this brief historical sketch is
Page 6
attempted. The purpose is not, we repeat it, to discuss the subject; the author aims not at the dignity of a disputant; he is more than satisfied with the humbler task of supplying materials for those who do,—in hopes that if rage and anger have hitherto filled the place of armorers in our battle-field, history may in future discharge the duty a little more creditably. It is proposed, then, to trace the slavery question at length, so far as it has been the source of national difficulties,embarrassments and legislation, with especial reference to its earlier history, and to the clause in the Constitution respecting fugitives, which has lately been made the subject of Congressional action. It will not be necessary to extend our inquiries to any period anterior to the revolution, or in any way to examine the peculiar causes which first established and have long perpetuated slavery amongst us. Prior to that event, it was of course a question between Great Britain and her colonies, and nice casuistry might perhaps be needed to determine the relative amount of guilt chargeable on each of the two parties. The moral value, too, of a solemn judicial decision, “that no slave could breathe the air or stand on the free soil of England,”may be a little questioned, when it is remembered that such property would of necessity be almost worthless in her climate; and that at the very moment when a reluctant Judge pronounced these boasted words, her capitalists were rolling in wealth that grew out of thesweat on negro brows in her American plantations. We have heard of high bred Southern families in which a thousand out-door slaves are never suffered to pollute the pure air of the saloons and chambers that their masters breathe, or tread the rich carpets that their toil has paid for. The custom is undoubtedly refined and agreeable, but we never heard that it boasted to rest on higher grounds than ordinary mortals venture on.
At the time of the declaration of independence, when the colonies escaped from their long pupilage, and, with new rights and new responsibilities, set out to act an independent part among the nations of the earth, the taint of slavery was upon every one of them; in every one, the soil was tilled by negro bondmen. The laws regulating the relations between master and slave, were, it is true, widely different in the different States; in some, as in Connecticut, the privileges annexed to the condition were
Page 7
so wide and the facility of rising from it so great, that the constitutional euphemism which is now-a-days so boldly metaphorical, might with every propriety style them “persons held to service or labor;” in others, they were then, as now, a hopelessly degraded class, whose happiness depended entirely on the arbitrary will of their masters. Of course it is not intended to represent that the various States were equally interested in the institution. Varieties of soil, climate and social habits, had drawn the great mass of this population to what are now known as the Southern States. At the time of the Declaration, no authentic enumeration had been made; but when the first census was taken in 1791, the total number of slaves in what are now known as the Northern States, was 40,370; in the Southern, 653,910. At the earlier period of which we are now speaking, the disproportion was probably less striking, but sufficiently great to make the interests of the two sections totally opposite. The difference, however,did not depend merely upon the amount of capital invested. The feeling in the North, both moral and political, was decidedly and in many cases bitterly hostile to slavery. The most shortsighted, therefore, could not fail to foresee the speedy adoption of those measures which ultimately provided for general emancipation. Even in Virginia and Maryland, not then considered as Southern States, ardent advocates were found to plead the cause of liberty, and organized action had more than once been attempted in its behalf. Below the Virginia line, in the Carolinas and Georgia, an abolitionist was as rare a phenomenon then as he would be now; those States were yet but thinly settled, a great part of their lands unreclaimed, and no prospect of improvement appeared, except in the extensive employment of slave labor, adapted both to the climate and the character of the already established settlers.Such was, briefly, the position of the two parties at the opening of our independent history;and such it was, also, when the Federal Convention met at Philadelphia in 1787, to frame the present Constitution. The question presented itself to this body in a threefold aspects.— First, as to the influence which an enslaved race was entitled to exercise in the government; secondly, as to their further increase by importation; thirdly, as to...
See the primary source in the Library of Congress digital collection to read the remainder of the essay.
Page 32
THE TREASON TRIALS.
On the 9th of September, A. D. 1851, Mr. Edward Gorsuch, a citizen of Maryland, residing near Baltimore, appeared before Edward D. Ingraham, Esq., U. S. Commisioner for Philadelphia, and asked for warrants under the Act of Congress of the 18th Sept. 1850, forthe arrest of four of his slaves whom he had heard were secreted somewhere in Lancaster County. Warrants were issued forthwith, directed to H. H. Kline, a deputy U. S. Marshal, authorizing him to arrest George Hammond, Joshua Hammond, Nelson Ford, and Noah Buley, persons held to service or labor in the State of Maryland, and bring them before the said Commissioner. Mr. Gorsuch then made arrangements with John Agin and Thompson Tully, residents of Philadelphia, and police officers, to assist Kline in making the arrests. They were to meet Mr. Gorsuch and some companions at Penningtonville, a small place on the State railroad, about 50 miles from Philadelphia. Kline, with the warrants, left Philadelphia, on the same day about 2 P. M. for West Chester. Here he hired a conveyance and rode on to Gallagherville. Here he hired another conveyance to take him to Penningtonville. Before he had driven very far, the carriage breaking down, he returned to Gallagherville, procured another and started again. Owing to this detention, he was prevented from meeting Mr. Gorsuch and his friends at the appointed time. When he reached Penningtonville, about 2 A. M., on the 10th September, they had gone. On entering the tavern, the place of rendezvous, he saw a colored man whom he recognized as Samuel Williams, a resident of Philadelphia. To put him off his guard, Kline asked the landlord some questions about horse thieves. Williams replied that he had seen them, and told Kline he had come too late.
Page 33
Kline then drove on to the Gap. Seeing a person he believed to be Williams following him, he stopped at several taverns along the road to make inquiries about horse thieves. He reached the Gap about 3 A. M., put up the horses and went to bed. At half past four he got up, ate breakfast, and rode to Parksburg, about 45 miles from Philadelphia, on the same railroad. Here he found Agin and Tully asleep in the bar room. He awoke Agin, called him aside, and inquired for Mr. Gorsuch and his party. He was told they had gone to Sadsbury, a small place on the turnpike, four or five miles from Parksburg. On going there, he found them, about 9 A. M. on the 10th Sept. Kline told them he had seen Agin and Tully, who had determined to return to Philadelphia, and proposed that the whole party should return to Gallagherville. Mr. Gorsuch, however, determined to go to Parksburg instead, to see Agin and Tully, and attempt to persuade them not to return.The rest of the party were to go to Gallagherville, while Kline returned to Downingtown,to see Agin and Tully there, should Mr. Gorsuch fail to meet them at Parksburg. He left Gallagherville about 11 A. M., and met Agin and Tully at Downingtown. Agin said he had seen Mr. Gorsuch, but refused to go back. He promised however to return from Philadelphia in the evening cars. Kline returned to Downingtown, and then met all the party except Mr. Edward Gorsuch, who had remained behind to make the necessary arrangements for procuring a guide to the houses where he had been informed his negroes were to be found. About 3 P. M., Mr. Edward Gorsuch joined them at Gallagherville, and at 11 P. M. on the night of the 10th Sept., they all went in the cars down to Downingtown, where they waited for the evening train from Philadelphia. When it arrived, neither Agin nor Tully were to be seen. The rest of the party went up to the Gap, which they reached about half past one on the morning of the 11th Sept. They then continued their journey on foot towards Christiana. The party then consisted of Kline, Edward Gorsuch, Dickinson Gorsuch, his son, Joshua M. Gorsuch, his nephew, Dr.Thomas Peirce, Nicholas T. Hutchings and Nathan Nelson. After they had proceeded about a mile, they met a man who was represented to be aguide. He is said to have been disguised
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in such a way that none of the party could recognize him, and his name is not mentioned in any of the proceedings. It is probable that he was employed by Mr. Edward Gorsuch, and one condition of his services might have been that he should be allowed to use every possible means of concealing his face and name from the rest of the party. Under his conducts the party went on and soon reached a house in which they were told one of the slaves was to be found. Mr. Gorsuch wished to send part of the company after him, but Kline was unwilling to divide their strength, and they walked on, intending to return that way after making the other arrests.The guide led them by a circuitous route until they reached the Valley Road near Parker's house, their point of destination. They halted in a lane near by, ate some crackers and cheese provided by one of their numbers examined the condition of their fire arms, and consulted upon the plan of the attack. A short walk brought them to the orchard in front of Parker's house, which the guide pointed out and then left them. He had no desire to remain and witness the result of his false information. His disguise and desertion of his employer, are strong circumstances in proof of the fact that he knew he was misleading the party. On the trial of Hanway it was proven by the defence that Nelson Ford was not on the ground until after the sun was up. Joshua Hammond had lived in the vicinity up to the time that a man by the name of Williams had been kidnapped, when he and several others departed, and had not been heard from afterwards. Of the two others, one at least, if the evidence for the prosecution is to be relied upon, was in the house at which the party first halted, so that there could not have been more than one of Mr. Gorsuch's slaves in Parker's house, and of this there is no positive testimony. It was not daybreak when the party approached the house. They made demand for the slaves, and threatened to shoot them or burn the house down if they would not surrender. At this time, the number of besiegers seems to have been increased, and as many as fifteen are said to have been near the house. By daybreak and before entrance was made into the house, the party was diminished to the original number. When they were advancing a second or third time, they saw a negro going up whom
Page 35
Mr. Gorsuch thought he recognized as one of his slaves. Kline pursued him with a revolver in his hand,and stumbled over the bars near the house. Some of the company came up before him and found the door open. They entered, and Kline following called for the owner, ordered all to come down, and said he had two warrants for the arrest of Nelson Ford and Joshua Hammond. He was answered that there were no such men in the house. Kline followed by Mr. Gorsuch attempted to go up stairs. They were prevented from ascending by what appears to have been an ordinary fish gig. Some of the witnesses described it as “like a pitchfork with blunt prongs,” and others were at a loss what to call this, the first weapon used in the contest. A pitch fork any of the party would have recognized, as the most of them were farmers; besides, this is not a weapon usually kept in dwelling houses. This had four or five prongs and was probably an old fish gig, which had been stored away for safekeeping. An axe was next thrown down, but hit no one. Mr. Gorsuch and others then went outside to talk with the negroes at the window. Just at this time Kline fired his pistol up stairs. The warrants were then read outside the house,and demand made upon the landlord. No answer was heard. After a short interval, Kline proposed to withdraw his men, but Mr. Gorsuch refused, and said he would not leave the ground until he had made the arrests. Kline then in a loud voice ordered some one to go to the sheriff and bring a hundred men, thinking, as he afterwards said, this would intimidate them. This threat appears to have had some effect, for the negroes asked time to consider. The party outside agreed to fifteen minutes. During these scenes at the house, there were occurrences elsewhere which are worthy of attention, but cannot be understood without a short statement of previous facts. In the month of Sept, 1850, a colored man, known in the neighborhood around Christiana to be free, was seized and carried away by men known to be professional kidnappers,and has never been seen by his family since. In March 1851, in the same neighborhood, under the roof of his employer, during the night, another colored man was tied, gagged,and carried away, marking the road along which he was dragged by his own blood. No authority for this outrage was ever shown, and he has never been
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heard from. These and many other acts of a similar kind, had so alarmed the neighborhood that the very name of kidnapper was sufficient to create a panic. The blacks feared for their own safety,and the whites knowing their feelings, were apprehensive that any attempt to repeat these outrages would be the cause of bloodshed. Many good citizens were determined to do all in their power to prevent these lawless depredations, though they were ever ready to submit to any measures sanctioned by legal process. They regretted the existence among them of a body of people liable to such violence; but without combination, had, each for himself, resolved that they would do everything dictated by humanity to resist barbarous oppression.On the morning in question, a colored man living in the neighborhood, who was passing Parker's house at an early hour, saw the yard full of men. He halted, and was met by a man who presented a pistol at him, and ordered him to leave the place. He went away and hastened over to the store kept by Elijah Lewis, which, like all places of that kind,was probably the headquarters of news in the neighborhood. Mr. Lewis was in the act of opening his store when this man told him that “Parker's house was surrounded by kidnappers, who had broken into the house, and were trying to get him away. ” Lewis, not questioning the truth of the statement, repaired immediately to the place. On the way he passed Castner Hanway's house, and telling him what he had heard, asked him to go over to Parker's house. Hanway was in feeble health and unable to undergo the fatigue of walking that distance. He saddled his horse, and reached Parker's during the armistice. Having no reason to believe he was acting under legal authority, when Kline approached and demanded assistance in making the arrests, Hanway made him no answer. Kline then handed him the warrants, which Hanway examined, saw they appeared genuine, and returned them. At this time, several colored men, who no doubt had heard the report that kidnappers wereabout, came up, armed with such weapons as they could suddenly lay hands upon. How many there were on the ground during the affray it is now impossible to determine. The witnesses on both sides vary materially in their estimate. Some said they saw a dozen or fifteen; some,
Page 37
thirty or forty; and others maintained, as many as two or three hundred. It is known there were not two hundred colored men to be found within eight miles of Parker's house, nor half that number within four miles, and it would have been almost impossible to get together even thirty at an hour's notice. It is probable there were about twenty-five, all told, at or near the house from the beginning of the affray until all was quiet again. These the fears of those who afterwards testified to larger numbers, might easily have magnified to fifty or a hundred.While Kline and Hanway were in conversation, Elijah Lewis came up. Hanway said to him, “Here is the marshal.” Lewis asked to see his authority, and Kline handed him one of the warrants. When he saw the signature of the U. S. Commissioner, “he took it for granted that Kline had authority.” Kline then ordered Hanway and Lewis to assist in arresting the alleged fugitives. Hanway refused to have anything to do with it. The negroes around these three men seeming disposed to make an attack, Hanway “motioned to them and urged them back.” He then “advised Kline that it would be dangerous to attempt making arrests, and that they had better leave.” Kline, after saying he would hold them accountable for the negroes, promised to leave, and beckoned two or three times to his men to retire.The negroes then rushed up, some armed with guns, some with corn-cutters, staves,clubs, others with stones or whatever weapon chance offered. Hanway and Lewis in vain endeavored to restrain them. Kline leaped the fence, passed through the standing grain in the field, and for a few moments was out of sight. Mr. Gorsuch refused to leave the spot, saying his “property was there, and he would have it or perish in the attempt.” The rest of his party endeavored to retreat when they heard the marshal calling to them, but they were too late; the negroes rushed up and the firing began. How many times each party fired, it is impossible to tell. For a few moments, everything was confusion and each attempted to save himself. Nathan Nelson went down the short lane, thence into the woods and towards Penningtonville. Nicholas Hutchings, by direction of Kline, followed Lewis to see where he went. Thomas Pierce and Joshua Gorsuch went down the long lane, pursued by some of the
Page 38
negroes, caught up with Hanway, and shielding themselves behind his horse,followed him to a run of water near by. Dickinson Gorsuch was with his father near the house. They were both wounded; the father mortally. Dickinson escaped down the lane,where he was met by Kline, who had returned from the woods at the end of the field. Kline rendered him assistance, and went towards Penningtonville for a physician. On his way he met Joshua M. Gorsuch, who was also wounded and delirious. Kline led him over to Penningtonville and placed him on the upward train from Philadelphia. Before this time several persons living in the neighborhood had arrived at Parker's house. Lewis Cooper found D. Gorsuch in the place where Kline had left him, attended by Joseph Scarlett. He placed him in his dearborn, and carried him to the house of Levi Pownall, where he remained till he had sufficiently recovered to return home. Mr. Cooper then returned to Parker's, placed the body of Mr. E. Gorsuch in the same dearborn, and carried it to Christiana. Neither Nelson nor Hutchings rejoined their party, but during the day went by the railroad to Lancaster.Thus ended an occurrence which has been the theme of conversation throughout the land. Not more than two hours had elapsed from the time demand was first made at Parker's house until the dead body of Edward Gorsuch was carried to Christiana. In that brief time the blood of strangers had been spilled in a sudden affray, an unfortunate man had been killed and two others badly wounded. How many of the negroes were wounded, has never been ascertained. All could not have escaped, but no one has been able to discover who were injured. When rumor had spread abroad the result of this sad affray, the neighborhood was appalled. The inhabitants of the farm houses and the villages around, unused to scenes of this kind, could not at first believe that it had occurred in their midst. Before midday, exaggerated accounts had reached Philadelphia, and were transmitted by telegraph through the country.The first information the public received, was that “the negroes had determined to prevent the arrest of the slaves; that about eighty of them, armed with guns, &c., had formed an ambush in the neighboring woods and cornfields, and that when the party arrived in search of the fugitives, they had surrounded them,
Page 39
and poured upon them a deadly fire, killing Mr. Gorsuch, mortally wounding one of his sons, and badly wounding an officer from Baltimore.” These were given as “leading facts.” The next day's news contained the information that the U. S. Marshal, the U. S. District Attorney, a special Commissioner from Washington city, a company of U. S. Marines, and fifty of the Marshal's police, had gone to the scene of action from the city. It was also announced to be the intention of the U. S. Marshal to “ scour the neighborhood,” and that Judges Grier and Kane (of the U. S.Courts, before whom the case was afterwards tried,) had decided the offence of the rioters to be treason against the U. S.” Such statements as these naturally aroused the whole community, and it was not until a few days had developed the exact truth, that public excitement began to subside. Believing the published accounts of the transaction to be correct, a number of the citizens of Philadelphia addressed the following letter to the Chief Executive of the State, who happened then to be in the city, urging upon him prompt action, in what they considered an important crisis:
To the Governor of Pennsylvania:
The undersigned, citizens of Pennsylvania, respectfully represent: That citizens of a neighboring State have been cruelly assassinated by a hand of armed outlaws, at a place not more than three hours' journey distant from the scat 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 powers of the law.That your memorialists are not aware that “any military force” has been sent to the seat of the insurrection, or that the civil authority has been strengthened by the adoption of any measure 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.
John Cadwalader, R. Simpson, John Swift, Thomas McGrath, S. R. Carnahan, SamuelHays, Geo. H. Martin, A. L. Roumfort, W. Deal, John W. Forney, Isaac Leech, Jr., C.Ingersoll, James Page, Harry Connelly, Frederick McAdams.
See the primary source in the Library of Congress digital collection to read the remainder of the trial report.
A
HISTORY OF THE TRIAL
OF CASTNER HANWAY AND OTHERS,
FOR
TREASON,
AT PHILADELPHIA IN NOVEMBER, 1851.
WITH AN INTRODUCTION UPON THE HISTORY OF THE SLAVE QUESTION. BY A
MEMBER OF THE PHILADELPHIA BAR.
PHILADELPHIA: URIAH HUNT & SONS, No. 44 NORTH FOURTH STREETS.
1852.
Page 2
MERRIHEW AND THOMPSON, PRINTERS.
In Exchange Peabody Inst. of Balto, June 14 1927
Page 3
PREFACE.
The following pages contain a short history of the late Christiana Treason Trials. During their progress a phonographic report of all the proceedings was taken and printed, by order of the Court, for the use of the Judges and Counsel employed in the cause. For this a copy right was secured, and proposals issued for publishing it in full. Though more than six months have elapsed, this has not yet been done, and the only account of the transactions to which the public have access, is contained in the daily papers of New York and Philadelphia. This pamphlet has been prepared to supply the deficiency.
The sources of information used in compiling it, have been the phonographic reportal ready referred to; a transcript of the docket of Alderman Reigart of Lancaster; a transcript of the docket of E. D. Ingraham, Esquire, Commissioner of the U. S., resident in Philadelphia; the records of the Philadelphia County Prison; the records of the Circuit and District Courts; and the files of the Evening Bulletin. Where these have not furnished a connected story, the deficiency has been supplied from the writer's own recollection, or that of his friends, who attended upon or participated in the trial.
Some of the most glaring absurdities and incongruities contained in Mr. Brent's pamphlet,which he calls “A Report to his Excellency Governor Lows in relation to the ChristianaTreason Trials,” have been pointed out. The very limited circulation of this work, confined, we believe, to a few who received copies as a personal favor, would render any notice of it unnecessary, had it not been published in s measure by the authority of the State, whose imaginary wrongs its author has, by these means, sought to vindicate. The almost scurrilous terms in which it denounces the majority of the citizens of Philadelphia, the people of Pennsylvania, the officers of the Court in which the trials were held, the Judges who presided, and, in short, every one connected with the case, except counsel and the witnesses for the prosecution, are conclusive evidence of more anxiety to emit spleen and mortification, than to subserve the purposes of truth and justice.
Page 4
A popular, not a professional view of the subject has been attempted. It is amongst the body of the people that false reports have been spread, and to the people this statement is addressed, in hopes that it may tend to correct the evil. In accordance with the wish of the publishers, a brief introduction has been prefixed, embracing a connected view of all the many attempts which have been made, at various periods to settle, by Congressional legislation, the embarrassing question of slavery. The main object is to show the views entertained upon the subject by the great statesmen who framed the Constitution, and watched over its first developments; and accordingly much more space has been devoted to that early legislation, than to measures which are still fresh in the recollection of those whom we address. The essay is thought to be appropriate in this connection, because the late great Compromise, of which these trials are one ofthe earliest fruits, is the legitimate consequence of long antecedent measures, and cannot be fully understood or appreciated without bestowing much previous study upon our early political history. The sources from which this introduction has been compiled are strictly original, consisting, as far as possible, of official or semi-official documents and reports.
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SLAVERY AS A NATIONAL QUESTION.
The following brief essay is not intended to be an argumentative discussion of the subject upon which it treats. Discussions of that sort have abounded so much of late years, that there would be much more presumption than wisdom in any attempt to increase thenumber. But perhaps it may be matter of interest, now that the conflict has been going on for more than sixty years, to know something of its earlier phases, of its varied successes,and of the deeds done and the words spoken by those who fought the same battle long ago in the infancy of the republic. The region of historical research which we are about to explore, appears to be almost a terra incognita to the majority of the fiery debaters who now-a-days are prosecuting this wordy war; or if they occasionally plunge into it for a moment, it is only to hurry back in premature triumph, dragging captive some unhappy straggling passage of Jefferson or Jay, to serve as a bone of contention for a whole generation of self-constituted agitators in and out of Congress. Now if the object is merely to perpetuate the agitation, the course pursued is unquestionably a wise one; for, short as our national history is, the stock of facts which it supplies us with upon the subject is assuredly large enough, if used with but a tithe of the economy heretofore exhibited, to last till the Union and Time itself shall be no more. But there are some quiet spirits still left who get weary of this hopeless strife, and who can scarcely afford to adopt the advice of the Scotch clergyman—to wait for rest till they get to heaven; who cannot help calling out, “Peace, peace,” however discordant the answer may he; and who, if they needs must fight, would be glad to know what they're fighting about, fight in earnest and be done with it. To answer, then, at least one of these questions, and suggest to this rapidly increasing class precisely what the present phase of the battle is, and what hopes there are of final peace, this brief historical sketch is
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attempted. The purpose is not, we repeat it, to discuss the subject; the author aims not at the dignity of a disputant; he is more than satisfied with the humbler task of supplying materials for those who do,—in hopes that if rage and anger have hitherto filled the place of armorers in our battle-field, history may in future discharge the duty a little more creditably. It is proposed, then, to trace the slavery question at length, so far as it has been the source of national difficulties,embarrassments and legislation, with especial reference to its earlier history, and to the clause in the Constitution respecting fugitives, which has lately been made the subject of Congressional action. It will not be necessary to extend our inquiries to any period anterior to the revolution, or in any way to examine the peculiar causes which first established and have long perpetuated slavery amongst us. Prior to that event, it was of course a question between Great Britain and her colonies, and nice casuistry might perhaps be needed to determine the relative amount of guilt chargeable on each of the two parties. The moral value, too, of a solemn judicial decision, “that no slave could breathe the air or stand on the free soil of England,”may be a little questioned, when it is remembered that such property would of necessity be almost worthless in her climate; and that at the very moment when a reluctant Judge pronounced these boasted words, her capitalists were rolling in wealth that grew out of thesweat on negro brows in her American plantations. We have heard of high bred Southern families in which a thousand out-door slaves are never suffered to pollute the pure air of the saloons and chambers that their masters breathe, or tread the rich carpets that their toil has paid for. The custom is undoubtedly refined and agreeable, but we never heard that it boasted to rest on higher grounds than ordinary mortals venture on.
At the time of the declaration of independence, when the colonies escaped from their long pupilage, and, with new rights and new responsibilities, set out to act an independent part among the nations of the earth, the taint of slavery was upon every one of them; in every one, the soil was tilled by negro bondmen. The laws regulating the relations between master and slave, were, it is true, widely different in the different States; in some, as in Connecticut, the privileges annexed to the condition were
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so wide and the facility of rising from it so great, that the constitutional euphemism which is now-a-days so boldly metaphorical, might with every propriety style them “persons held to service or labor;” in others, they were then, as now, a hopelessly degraded class, whose happiness depended entirely on the arbitrary will of their masters. Of course it is not intended to represent that the various States were equally interested in the institution. Varieties of soil, climate and social habits, had drawn the great mass of this population to what are now known as the Southern States. At the time of the Declaration, no authentic enumeration had been made; but when the first census was taken in 1791, the total number of slaves in what are now known as the Northern States, was 40,370; in the Southern, 653,910. At the earlier period of which we are now speaking, the disproportion was probably less striking, but sufficiently great to make the interests of the two sections totally opposite. The difference, however,did not depend merely upon the amount of capital invested. The feeling in the North, both moral and political, was decidedly and in many cases bitterly hostile to slavery. The most shortsighted, therefore, could not fail to foresee the speedy adoption of those measures which ultimately provided for general emancipation. Even in Virginia and Maryland, not then considered as Southern States, ardent advocates were found to plead the cause of liberty, and organized action had more than once been attempted in its behalf. Below the Virginia line, in the Carolinas and Georgia, an abolitionist was as rare a phenomenon then as he would be now; those States were yet but thinly settled, a great part of their lands unreclaimed, and no prospect of improvement appeared, except in the extensive employment of slave labor, adapted both to the climate and the character of the already established settlers.Such was, briefly, the position of the two parties at the opening of our independent history;and such it was, also, when the Federal Convention met at Philadelphia in 1787, to frame the present Constitution. The question presented itself to this body in a threefold aspects.— First, as to the influence which an enslaved race was entitled to exercise in the government; secondly, as to their further increase by importation; thirdly, as to...
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THE TREASON TRIALS.
On the 9th of September, A. D. 1851, Mr. Edward Gorsuch, a citizen of Maryland, residing near Baltimore, appeared before Edward D. Ingraham, Esq., U. S. Commisioner for Philadelphia, and asked for warrants under the Act of Congress of the 18th Sept. 1850, forthe arrest of four of his slaves whom he had heard were secreted somewhere in Lancaster County. Warrants were issued forthwith, directed to H. H. Kline, a deputy U. S. Marshal, authorizing him to arrest George Hammond, Joshua Hammond, Nelson Ford, and Noah Buley, persons held to service or labor in the State of Maryland, and bring them before the said Commissioner. Mr. Gorsuch then made arrangements with John Agin and Thompson Tully, residents of Philadelphia, and police officers, to assist Kline in making the arrests. They were to meet Mr. Gorsuch and some companions at Penningtonville, a small place on the State railroad, about 50 miles from Philadelphia. Kline, with the warrants, left Philadelphia, on the same day about 2 P. M. for West Chester. Here he hired a conveyance and rode on to Gallagherville. Here he hired another conveyance to take him to Penningtonville. Before he had driven very far, the carriage breaking down, he returned to Gallagherville, procured another and started again. Owing to this detention, he was prevented from meeting Mr. Gorsuch and his friends at the appointed time. When he reached Penningtonville, about 2 A. M., on the 10th September, they had gone. On entering the tavern, the place of rendezvous, he saw a colored man whom he recognized as Samuel Williams, a resident of Philadelphia. To put him off his guard, Kline asked the landlord some questions about horse thieves. Williams replied that he had seen them, and told Kline he had come too late.
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Kline then drove on to the Gap. Seeing a person he believed to be Williams following him, he stopped at several taverns along the road to make inquiries about horse thieves. He reached the Gap about 3 A. M., put up the horses and went to bed. At half past four he got up, ate breakfast, and rode to Parksburg, about 45 miles from Philadelphia, on the same railroad. Here he found Agin and Tully asleep in the bar room. He awoke Agin, called him aside, and inquired for Mr. Gorsuch and his party. He was told they had gone to Sadsbury, a small place on the turnpike, four or five miles from Parksburg. On going there, he found them, about 9 A. M. on the 10th Sept. Kline told them he had seen Agin and Tully, who had determined to return to Philadelphia, and proposed that the whole party should return to Gallagherville. Mr. Gorsuch, however, determined to go to Parksburg instead, to see Agin and Tully, and attempt to persuade them not to return.The rest of the party were to go to Gallagherville, while Kline returned to Downingtown,to see Agin and Tully there, should Mr. Gorsuch fail to meet them at Parksburg. He left Gallagherville about 11 A. M., and met Agin and Tully at Downingtown. Agin said he had seen Mr. Gorsuch, but refused to go back. He promised however to return from Philadelphia in the evening cars. Kline returned to Downingtown, and then met all the party except Mr. Edward Gorsuch, who had remained behind to make the necessary arrangements for procuring a guide to the houses where he had been informed his negroes were to be found. About 3 P. M., Mr. Edward Gorsuch joined them at Gallagherville, and at 11 P. M. on the night of the 10th Sept., they all went in the cars down to Downingtown, where they waited for the evening train from Philadelphia. When it arrived, neither Agin nor Tully were to be seen. The rest of the party went up to the Gap, which they reached about half past one on the morning of the 11th Sept. They then continued their journey on foot towards Christiana. The party then consisted of Kline, Edward Gorsuch, Dickinson Gorsuch, his son, Joshua M. Gorsuch, his nephew, Dr.Thomas Peirce, Nicholas T. Hutchings and Nathan Nelson. After they had proceeded about a mile, they met a man who was represented to be aguide. He is said to have been disguised
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in such a way that none of the party could recognize him, and his name is not mentioned in any of the proceedings. It is probable that he was employed by Mr. Edward Gorsuch, and one condition of his services might have been that he should be allowed to use every possible means of concealing his face and name from the rest of the party. Under his conducts the party went on and soon reached a house in which they were told one of the slaves was to be found. Mr. Gorsuch wished to send part of the company after him, but Kline was unwilling to divide their strength, and they walked on, intending to return that way after making the other arrests.The guide led them by a circuitous route until they reached the Valley Road near Parker's house, their point of destination. They halted in a lane near by, ate some crackers and cheese provided by one of their numbers examined the condition of their fire arms, and consulted upon the plan of the attack. A short walk brought them to the orchard in front of Parker's house, which the guide pointed out and then left them. He had no desire to remain and witness the result of his false information. His disguise and desertion of his employer, are strong circumstances in proof of the fact that he knew he was misleading the party. On the trial of Hanway it was proven by the defence that Nelson Ford was not on the ground until after the sun was up. Joshua Hammond had lived in the vicinity up to the time that a man by the name of Williams had been kidnapped, when he and several others departed, and had not been heard from afterwards. Of the two others, one at least, if the evidence for the prosecution is to be relied upon, was in the house at which the party first halted, so that there could not have been more than one of Mr. Gorsuch's slaves in Parker's house, and of this there is no positive testimony. It was not daybreak when the party approached the house. They made demand for the slaves, and threatened to shoot them or burn the house down if they would not surrender. At this time, the number of besiegers seems to have been increased, and as many as fifteen are said to have been near the house. By daybreak and before entrance was made into the house, the party was diminished to the original number. When they were advancing a second or third time, they saw a negro going up whom
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Mr. Gorsuch thought he recognized as one of his slaves. Kline pursued him with a revolver in his hand,and stumbled over the bars near the house. Some of the company came up before him and found the door open. They entered, and Kline following called for the owner, ordered all to come down, and said he had two warrants for the arrest of Nelson Ford and Joshua Hammond. He was answered that there were no such men in the house. Kline followed by Mr. Gorsuch attempted to go up stairs. They were prevented from ascending by what appears to have been an ordinary fish gig. Some of the witnesses described it as “like a pitchfork with blunt prongs,” and others were at a loss what to call this, the first weapon used in the contest. A pitch fork any of the party would have recognized, as the most of them were farmers; besides, this is not a weapon usually kept in dwelling houses. This had four or five prongs and was probably an old fish gig, which had been stored away for safekeeping. An axe was next thrown down, but hit no one. Mr. Gorsuch and others then went outside to talk with the negroes at the window. Just at this time Kline fired his pistol up stairs. The warrants were then read outside the house,and demand made upon the landlord. No answer was heard. After a short interval, Kline proposed to withdraw his men, but Mr. Gorsuch refused, and said he would not leave the ground until he had made the arrests. Kline then in a loud voice ordered some one to go to the sheriff and bring a hundred men, thinking, as he afterwards said, this would intimidate them. This threat appears to have had some effect, for the negroes asked time to consider. The party outside agreed to fifteen minutes. During these scenes at the house, there were occurrences elsewhere which are worthy of attention, but cannot be understood without a short statement of previous facts. In the month of Sept, 1850, a colored man, known in the neighborhood around Christiana to be free, was seized and carried away by men known to be professional kidnappers,and has never been seen by his family since. In March 1851, in the same neighborhood, under the roof of his employer, during the night, another colored man was tied, gagged,and carried away, marking the road along which he was dragged by his own blood. No authority for this outrage was ever shown, and he has never been
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heard from. These and many other acts of a similar kind, had so alarmed the neighborhood that the very name of kidnapper was sufficient to create a panic. The blacks feared for their own safety,and the whites knowing their feelings, were apprehensive that any attempt to repeat these outrages would be the cause of bloodshed. Many good citizens were determined to do all in their power to prevent these lawless depredations, though they were ever ready to submit to any measures sanctioned by legal process. They regretted the existence among them of a body of people liable to such violence; but without combination, had, each for himself, resolved that they would do everything dictated by humanity to resist barbarous oppression.On the morning in question, a colored man living in the neighborhood, who was passing Parker's house at an early hour, saw the yard full of men. He halted, and was met by a man who presented a pistol at him, and ordered him to leave the place. He went away and hastened over to the store kept by Elijah Lewis, which, like all places of that kind,was probably the headquarters of news in the neighborhood. Mr. Lewis was in the act of opening his store when this man told him that “Parker's house was surrounded by kidnappers, who had broken into the house, and were trying to get him away. ” Lewis, not questioning the truth of the statement, repaired immediately to the place. On the way he passed Castner Hanway's house, and telling him what he had heard, asked him to go over to Parker's house. Hanway was in feeble health and unable to undergo the fatigue of walking that distance. He saddled his horse, and reached Parker's during the armistice. Having no reason to believe he was acting under legal authority, when Kline approached and demanded assistance in making the arrests, Hanway made him no answer. Kline then handed him the warrants, which Hanway examined, saw they appeared genuine, and returned them. At this time, several colored men, who no doubt had heard the report that kidnappers wereabout, came up, armed with such weapons as they could suddenly lay hands upon. How many there were on the ground during the affray it is now impossible to determine. The witnesses on both sides vary materially in their estimate. Some said they saw a dozen or fifteen; some,
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thirty or forty; and others maintained, as many as two or three hundred. It is known there were not two hundred colored men to be found within eight miles of Parker's house, nor half that number within four miles, and it would have been almost impossible to get together even thirty at an hour's notice. It is probable there were about twenty-five, all told, at or near the house from the beginning of the affray until all was quiet again. These the fears of those who afterwards testified to larger numbers, might easily have magnified to fifty or a hundred.While Kline and Hanway were in conversation, Elijah Lewis came up. Hanway said to him, “Here is the marshal.” Lewis asked to see his authority, and Kline handed him one of the warrants. When he saw the signature of the U. S. Commissioner, “he took it for granted that Kline had authority.” Kline then ordered Hanway and Lewis to assist in arresting the alleged fugitives. Hanway refused to have anything to do with it. The negroes around these three men seeming disposed to make an attack, Hanway “motioned to them and urged them back.” He then “advised Kline that it would be dangerous to attempt making arrests, and that they had better leave.” Kline, after saying he would hold them accountable for the negroes, promised to leave, and beckoned two or three times to his men to retire.The negroes then rushed up, some armed with guns, some with corn-cutters, staves,clubs, others with stones or whatever weapon chance offered. Hanway and Lewis in vain endeavored to restrain them. Kline leaped the fence, passed through the standing grain in the field, and for a few moments was out of sight. Mr. Gorsuch refused to leave the spot, saying his “property was there, and he would have it or perish in the attempt.” The rest of his party endeavored to retreat when they heard the marshal calling to them, but they were too late; the negroes rushed up and the firing began. How many times each party fired, it is impossible to tell. For a few moments, everything was confusion and each attempted to save himself. Nathan Nelson went down the short lane, thence into the woods and towards Penningtonville. Nicholas Hutchings, by direction of Kline, followed Lewis to see where he went. Thomas Pierce and Joshua Gorsuch went down the long lane, pursued by some of the
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negroes, caught up with Hanway, and shielding themselves behind his horse,followed him to a run of water near by. Dickinson Gorsuch was with his father near the house. They were both wounded; the father mortally. Dickinson escaped down the lane,where he was met by Kline, who had returned from the woods at the end of the field. Kline rendered him assistance, and went towards Penningtonville for a physician. On his way he met Joshua M. Gorsuch, who was also wounded and delirious. Kline led him over to Penningtonville and placed him on the upward train from Philadelphia. Before this time several persons living in the neighborhood had arrived at Parker's house. Lewis Cooper found D. Gorsuch in the place where Kline had left him, attended by Joseph Scarlett. He placed him in his dearborn, and carried him to the house of Levi Pownall, where he remained till he had sufficiently recovered to return home. Mr. Cooper then returned to Parker's, placed the body of Mr. E. Gorsuch in the same dearborn, and carried it to Christiana. Neither Nelson nor Hutchings rejoined their party, but during the day went by the railroad to Lancaster.Thus ended an occurrence which has been the theme of conversation throughout the land. Not more than two hours had elapsed from the time demand was first made at Parker's house until the dead body of Edward Gorsuch was carried to Christiana. In that brief time the blood of strangers had been spilled in a sudden affray, an unfortunate man had been killed and two others badly wounded. How many of the negroes were wounded, has never been ascertained. All could not have escaped, but no one has been able to discover who were injured. When rumor had spread abroad the result of this sad affray, the neighborhood was appalled. The inhabitants of the farm houses and the villages around, unused to scenes of this kind, could not at first believe that it had occurred in their midst. Before midday, exaggerated accounts had reached Philadelphia, and were transmitted by telegraph through the country.The first information the public received, was that “the negroes had determined to prevent the arrest of the slaves; that about eighty of them, armed with guns, &c., had formed an ambush in the neighboring woods and cornfields, and that when the party arrived in search of the fugitives, they had surrounded them,
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and poured upon them a deadly fire, killing Mr. Gorsuch, mortally wounding one of his sons, and badly wounding an officer from Baltimore.” These were given as “leading facts.” The next day's news contained the information that the U. S. Marshal, the U. S. District Attorney, a special Commissioner from Washington city, a company of U. S. Marines, and fifty of the Marshal's police, had gone to the scene of action from the city. It was also announced to be the intention of the U. S. Marshal to “ scour the neighborhood,” and that Judges Grier and Kane (of the U. S.Courts, before whom the case was afterwards tried,) had decided the offence of the rioters to be treason against the U. S.” Such statements as these naturally aroused the whole community, and it was not until a few days had developed the exact truth, that public excitement began to subside. Believing the published accounts of the transaction to be correct, a number of the citizens of Philadelphia addressed the following letter to the Chief Executive of the State, who happened then to be in the city, urging upon him prompt action, in what they considered an important crisis:
To the Governor of Pennsylvania:
The undersigned, citizens of Pennsylvania, respectfully represent: That citizens of a neighboring State have been cruelly assassinated by a hand of armed outlaws, at a place not more than three hours' journey distant from the scat 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 powers of the law.That your memorialists are not aware that “any military force” has been sent to the seat of the insurrection, or that the civil authority has been strengthened by the adoption of any measure 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.
John Cadwalader, R. Simpson, John Swift, Thomas McGrath, S. R. Carnahan, SamuelHays, Geo. H. Martin, A. L. Roumfort, W. Deal, John W. Forney, Isaac Leech, Jr., C.Ingersoll, James Page, Harry Connelly, Frederick McAdams.
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