The Underground Railroad
ignorance from crime.
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
COPY OF THE INDICTMENT.
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. 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