The Underground Railroad by William Still (best fiction books of all time txt) 📖
- Author: William Still
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But it should not be supposed that any of these represent the sentiment of Pennsylvania, and it would be to wrong our people sorely, to include them in the same category of personal, social, or political morals. It is declared in the article of the constitution, which I have already cited, that 'no person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court.' This and the corresponding language in the act of Congress of the 30th of April, 1790, seem to refer to the proofs on the trial, and not to the preliminary hearing before the committing magistrate, or the proceeding before the grand inquest. There can be no conviction until after arraignment on bill found. The previous action in the case is not a trial, and cannot convict, whatever be the evidence or the number of witnesses. I understand this to have been the opinion entertained by Chief Justice Marshall, 1 Burr's Trial, 195, and though it differs from that expressed by Judge Iredell on the indictment of Fries, (1 Whart. Am. St. Tr. 480), I feel authorized to recommend it to you, as within the terms of the Constitution, and involving no injustice to the accused. I have only to add that treason against the United States, may be committed by any one resident or sojourning within its territory, and under the protection of its laws, whether he be a citizen or an alien. (Fost. C.L. 183, 5.—1 Hale 59, 60, 62. 1 Hawk. ch. 17, § 5, Kel. 38).
Besides the crime of treason, which I have thus noticed, there are offences of minor grades, against the Constitution and the State, some or other of which may be apparently established by the evidence that will come before you. These are embraced in the act of Congress, on the 30th of Sept., 1790, Ch. 9, Sec. 22, on the subject of obstructing or resisting the service of legal process,—the act of the 2d of March, 1831, Chap. 99, Sec. 2, which secures the jurors, witnesses, and officers of our Courts in the fearless, free, and impartial administration of their respective functions,—and the act of the 18th of September, 1850, Ch. 60, which relates more particularly to the rescue, or attempted rescue of a fugitive from labor. These Acts were made the subject of a charge to the Grand Jury of this Court in November last, of which I shall direct a copy to be laid before you; and I do not deem it necessary to repeat their provisions at this time.
Gentlemen of the Grand Jury: You are about to enter upon a most grave and momentous duty. You will be careful in performing it, not to permit your indignation against crime, or your just appreciation of its perilous consequences, to influence your judgment of the guilt of those who may be charged before you with its commission. But you will be careful, also, that no misguided charity shall persuade you to withhold the guilty from the retributions of justice. You will inquire whether an offence has been committed, what was its legal character, and who were the offenders,—and this done, and this only, you will make your presentments according to the evidence and the law. Your inquiries will not be restricted to the conduct of the people belonging to our own State. If in the progress of them, you shall find, that men have been among us, who, under whatever mask of conscience or of peace, have labored to incite others to treasonable violence, and who, after arranging the elements of the mischief, have withdrawn themselves to await the explosion they had contrived, you will feel yourselves bound to present the fact to the Court,—and however distant may be the place in which the offenders may have sought refuge, we give you the pledge of the law, that its far-reaching energies shall be exerted to bring them up for trial,—if guilty, to punishment. The offence of treason is not triable in this Court; but by an act of Congress, passed on the 8th of August, 1845, Chap. 98, it is made lawful for the Grand Jury, empanelled and sworn in the District Court, to take cognizance of all the indictments for crimes against the United States within the jurisdiction of either of the Federal Courts of the District. There being no Grand Jury in attendance at this time in the Circuit Court, to pass upon the accusations I have referred to in the first instance, it has fallen to my lot to assume the responsible office of expounding to you the law in regard to them. I have the satisfaction of knowing, that if the views I have expressed are in any respect erroneous, they must undergo the revision of my learned brother of the Supreme Court, who presides in this Circuit, before they can operate to the serious prejudice of any one; and that if they are doubtful even, provision exists for their re-examination in the highest tribunal of the country."
On the strength of Judge Kane's carefully-drawn up charge the Grand Jury found true bills of indictment against forty of the Christiana offenders, charged with treason. James Jackson, an aged member of the Society of Friends (a Quaker), and a well-known non-resistant abolitionist, was of this number. With his name the blanks were filled up; the same form (with regard to these bills) was employed in the case of each one of the accused. The following is a
Eastern District of Pennsylvania, ss.:
The Grand Inquest of the United States of America, inquiring for the Eastern District of Pennsylvania, on their oaths and affirmations, respectfully do present, that James Jackson, yeoman of the District aforesaid, owing allegiance to the United States of America, wickedly devising and intending the peace and tranquility of said United States, to disturb, and prevent the execution of the laws thereof within the same, to wit, a law of the United States, entitled "An act respecting fugitives from justice and persons escaping from the service of their masters," approved February twelfth, one thousand seven hundred and ninety-three, and also a law of the United States, entitled "An act to amend, and supplementary to, the act entitled, An act respecting fugitives from justice and persons escaping from the service of their masters, approved February the twelfth, one thousand seven hundred and ninety-three," which latter supplementary act was approved September eighteenth, one thousand eight hundred and fifty, on the eleventh day of September, in the year of our Lord, one thousand eight hundred and fifty-one, in the county of Lancaster, in the State of Pennsylvania and District aforesaid, and within the jurisdiction of this Court, wickedly and traitorously did intend to levy war against the United States within the same. And to fulfill and bring to effect the said traitorous intention of him, the said James Jackson, he, the said James Jackson afterward, to wit, on the day and year aforesaid, in the State, District and County aforesaid, and within the jurisdiction of this Court, with a great multitude of persons, whose names, to this Inquest are as yet unknown, to a great number, to wit, to 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, did traitorously assemble and combine against the said United States, and then and there, with force and arms, wickedly and traitorously, and with the wicked and traitorous intention to oppose and prevent, by means of intimidation and violence, the execution of the said laws of the United States within the same, did array and dispose themselves in a warlike and hostile manner against the said United States, and then and there, with force and arms, in pursuance of such their traitorous intention, he, the said James Jackson, with the said persons so as aforesaid, wickedly and traitorously did levy war against the United States.
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, in the State, District and county aforesaid, and within the jurisdiction aforesaid, with the said persons whose names to this Inquest are as yet unknown, did, wickedly and traitorously assemble against the said United States, with the avowed intention by force of arms and intimidation to prevent the execution of the said laws of the United States within the same; and in pursuance and execution of such their wicked and traitorous combination, he, the said James Jackson, then and there with force and arms, with the said persons to a great number, 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, did wickedly, knowingly, and traitorously resist and oppose one Henry H. Kline, an officer, duly appointed by Edward D. Ingraham, Esq., a commissioner, duly appointed by the Circuit Court of the United States, for the said district, in the execution of the duty of the office of the said Kline, he, the said Kline, being appointed by the said Edward Ingraham, Esq., by writing under his hand, to execute warrants and other process issued by him, the said Ingraham, in the performance of his duties as Commissioner, under the said laws of the United States, and then and there, with force and arms, with the said great multitude of persons, so as, aforesaid, unlawfully and traitorously assembled, and armed and arrayed in manner as aforesaid, he, the said, James Jackson, wickedly and traitorously did oppose and resist, and prevent the said Kline, from executing the lawful process to him directed and delivered by the said commissioner against sundry persons, then residents of said county, who had been legally charged before the said commissioner as 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, had escaped therefrom, into the said Eastern district of Pennsylvania; which process, duly issued by the said commissioner, the said Kline then and there had in his possession, and was then and there proceeding to execute, as by law he was bound to do; and so the grand inquest, upon their respective oaths and affirmations aforesaid, do say, that the said James Jackson, in manner aforesaid, as much as in him lay, wickedly and traitorously did prevent, by means of force and intimidation, the execution of the said laws of the United States, in the said State and District.
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