Pending3 the arraignment of the prisoners in the United States Court for treason, the affair was made the subject of extended popular discussion. Fiery4 Southern journals and orators5 reflected the views that had been early expressed by Governor Lowe to President Fillmore, for his own State of Maryland, that if slave owners could not without incurring6 the risk of death pursue their property North and reclaim7 it, Secession and Disunion were inevitable8. Quite as fierce and fiery champions of Abolitionism retorted with equal fervor10 and contempt for a league with iniquity11 and a covenant12 with slavery, and for a “flaunting lie” that flung the banner of freedom over a human race in chains. The great mass of conservative citizens stood for both law and liberty; and heard with sympathetic ears Webster’s great and eloquent13 pleas for “Liberty and union—one and inseparable.”
Joshua R. Giddings, in a speech at Worcester, in the early part of November, before the trial, publicly rejoiced in the killing14 of Gorsuch and that the fugitives16 “stood up manfully in defense17 of their God-given rights and shot down the miscreants18, who had come with the desperate purpose of taking them again to the land of slavery.”
It is a notable coincidence that just at this time the National Era, an Abolition9 paper in Washington, D. C., edited by Gamaliel Bailey, was beginning to publish as a weekly serial19 the first and copyrighted edition of “Uncle Tom’s Cabin.” Neither the authoress nor the general reading[Pg 56] public then appreciated the power and interest of the work, nor until it appeared later in book form.
The rashness of the Gorsuches in incurring danger and inviting20 death by venturing into an unfriendly country for an unpopular cause, was cited in mitigation of the indictment21 against a whole community for lawlessness. The blunders of the Deputy Marshal in giving his official errand the aspect of a warlike incursion was urged as a reasonable explanation for what was charged as popular indifference22 in the locality toward a dark crime.
Withal lawyers and laymen23 found subject for protracted24 discussion in the vexed25 question as to whether it was “treason”; and what degree of opposition26 or what extent of resistance to law constituted this high crime of such infrequent occurrence.
The cases of the Whiskey Insurrectionists in western Pennsylvania, and Aaron Burr’s trial at Richmond, Virginia, had almost faded from popular memory. But there were those in eastern Pennsylvania who recalled some of the echoes of the Fries treason case; and its analogies with the impending27 trial of nearly forty Lancaster County people were curiously28 scanned by legal pundits29 on the Court House benches and by local sages30 on the country store boxes.
The case of United States vs. John Fries arose out of the opposition of the Pennsylvania Germans in Bucks31, Northampton and Berks Counties to the collection of a direct Federal tax known as “The House Tax.” Assessors had to measure houses to levy32 the tax. Hostile public meetings were held at which John Fries threatened and encouraged armed resistance to the tax. Armed and with martial33 music he and his followers34 paraded the public highways, intimidating35 tax officials, denouncing Congress and the government as “damned rogues,” etc. Fries had two trials, in both of which he was found guilty of treason and sentenced to be hanged. He was subsequently pardoned by President John[Pg 57] Adams. He was originally tried and convicted before Judges Iredell and Peters, in 1799; and his case is reported in 3 Dallas (Fed. Court Rep.), 515.
THADDEUS STEVENS.
IN THE DAYS OF HIS CONGRESSIONAL LEADERSHIP.
As early as November 18, 1850, Hon. John K. Kane, United States District Judge at Philadelphia, had charged the Grand Jury at some length—and not without considerable personal feeling in relation to the State of Pennsylvania statutes—on the subject of the Fugitive15 Slave Law. Judge Kane had been District Attorney and he was Attorney General of Pennsylvania under Governor Shunk from Jan. 21, 1845, to June 23, 1846. His appointment as Attorney General was offensive to Mr. Buchanan.
Notwithstanding the Supreme38 Court of the United States in the Prigg case had intimated that legislation of this character was for the Federal Government and not for the State, Judge Kane severely39 reprehended40 the Pennsylvania Act of 1847, which repealed41 the Acts of 1826 and 1827, delegating to State authorities the right to issue warrants for fugitives; he declared the new Fugitive Slave Law of Congress to be little different from the Pennsylvania statute37 of 1826, and he depicted42 the results of the Pennsylvania law in these rather lurid43 terms: “Fanatics of civil discord44 have, meanwhile, exulted45 in the fresh powers of harm with which this state of things invested them; and the country has been convulsed in its length and breadth, as if about to be rent asunder46, and tossed in fragments, by the outbursting of a volcano.”
He went on to say that the new Federal law must be obeyed, and the penalties for violating it were to be enforced without fear, favor or affection. He referred to his district as a community which had suffered in reputation and repose47 “from crimes of excitement, turbulence48 and force,” and inveighed49 against disobedience to a statute, obstructing50 officers of the law and deeds of violent resistance against them.
The language of this charge, and his well-known views on[Pg 58] the legal and political aspects of the question, did not afford a very encouraging outlook for those who were to be tried before him or in his court. These very natural apprehensions52 were increased, when his charge to the grand jury followed on September 29, 1851. He briefly53 reviewed the reported facts of the Christiana affair, and though he avowed54 entire freedom from any impressions of the guilt36 or innocence55 of the accused, he pointed56 to the charges made against them as sufficient to establish the crime of treason if they were duly proved. He also pointed out that as the offence of treason was not triable in his Court, and though the grand jury then empanelled could not take cognizance of the indictments57, his learned brother of the Supreme Court, the Hon. Robert C. Grier, who presided in this circuit, would sit on the trial of the cause. Justice Grier was a Pennsylvanian, appointed by President Tyler in 1844, to succeed Henry R. Baldwin, deceased.
The result of the submission58 to the Grand Inquest for the United States inquiring for the Eastern District of Pennsylvania to the August Term, 1851, was that they found true bills for treason against the following persons, which indictments were, on October 6, 1851, remitted59 from the District Court to the Circuit Court:
1. Castner Hanway. 20. Collister Wilson.
2. Joseph Scarlet60. 21. John Jackson.
3. Elijah Lewis. 22. William Brown.
4. James Jackson. 23. Isaiah Clarkson.
5. George Williams. 24. Henry Simms.
6. Jacob Moore. 25. Charles Hunter.
7. George Reed. 26. Lewis Gates.
8. Benjamin Johnson. 27. Peter Woods.
9. Daniel Caulsberry. 28. Lewis Clarkson.
10. Alson Pernsley. 29. Nelson Carter.
11. William Brown, 2nd. 30. William Parker.
12. Henry Green. 31. John Berry.[Pg 59]
13. Elijah Clark. 32. William Berry.
14. John Holliday. 33. Samuel Williams.
15. William Williams. 34. Josh Hammond.
16. Benjamin Pindergast. 35. Henry Curtis.
17. John Morgan. 36. Washington Williams.
18. Ezekiel Thompson. 37. William Thomas.
19. Thomas Butler. 38. Nelson Ford51.
The District Attorney then moved for a venire to issue to the marshal, who was commanded to return 108 jurors, of whom 12 were to be summoned and returned from Lancaster County, where the offenses61 charged were perpetrated.
The selection of jurors for this trial, under all the conditions we have tried to sketch62 impartially63, was a delicate and difficult task for Marshal Roberts—in view of his well-known political opinions and of his personal and partisan64 affiliations65 with Thaddeus Stevens, chief counsel for the defense from start to finish. The character and associations of the members of the panel may be gathered to some extent even now from the attitude assumed toward them by counsel on either side. In a subsequent chapter will be briefly epitomized the disposition66 made of those whose names were called. Keeping it in mind, the author, from a large historical acquaintance with the leading men of that period in the counties of the State from which this panel was chosen, does not hesitate to say that it was high above the average in intelligence and all other requisites67 for important jury service; that it was eminently68 representative and an altogether fit and fair enrollment69. This opinion is not only now justified70, but it is fairly demanded by reason of the criticism Attorney General Brent made in his report to Maryland’s Governor upon the disadvantage to which the prosecution71 was subjected in the personnel of the venire.
During their stay in Moyamensing the prisoners suffered for a time from lack of heat and ventilation until conditions were remedied. Some of them were confined in the Debtors’[Pg 60] Apartments. Witnesses deemed necessary to hold were detained by the Government under pay of $1.25 per day to them. Peter Woods relates that Ezekiel Thompson and Henry Simms engaged so frequently in loud prayer that outsiders were attracted to the prison walls to listen to them from the adjoining sidewalks. By November 15th it transpired72 that two witnesses, Peter Washington and John Clark, detained in the Debtors’ Apartments, had escaped. David Paul Brown said one of them was important for his client Joseph Scarlet, while the United States was insistent73 that it needed them also. Mr. Brent finds cause for suspicion and complaint in the allegation that they got out without breaking a lock through inside treachery, of which he “cheerfully” acquits74 Marshal Roberts; but neither throughout nor after the trial does Mr. Brent present himself as an altogether cheerful person.
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1 arraignment | |
n.提问,传讯,责难 | |
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2 eminent | |
adj.显赫的,杰出的,有名的,优良的 | |
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3 pending | |
prep.直到,等待…期间;adj.待定的;迫近的 | |
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4 fiery | |
adj.燃烧着的,火红的;暴躁的;激烈的 | |
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5 orators | |
n.演说者,演讲家( orator的名词复数 ) | |
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6 incurring | |
遭受,招致,引起( incur的现在分词 ) | |
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7 reclaim | |
v.要求归还,收回;开垦 | |
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8 inevitable | |
adj.不可避免的,必然发生的 | |
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9 abolition | |
n.废除,取消 | |
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10 fervor | |
n.热诚;热心;炽热 | |
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11 iniquity | |
n.邪恶;不公正 | |
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12 covenant | |
n.盟约,契约;v.订盟约 | |
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13 eloquent | |
adj.雄辩的,口才流利的;明白显示出的 | |
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14 killing | |
n.巨额利润;突然赚大钱,发大财 | |
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15 fugitive | |
adj.逃亡的,易逝的;n.逃犯,逃亡者 | |
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16 fugitives | |
n.亡命者,逃命者( fugitive的名词复数 ) | |
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17 defense | |
n.防御,保卫;[pl.]防务工事;辩护,答辩 | |
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18 miscreants | |
n.恶棍,歹徒( miscreant的名词复数 ) | |
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19 serial | |
n.连本影片,连本电视节目;adj.连续的 | |
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20 inviting | |
adj.诱人的,引人注目的 | |
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21 indictment | |
n.起诉;诉状 | |
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22 indifference | |
n.不感兴趣,不关心,冷淡,不在乎 | |
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23 laymen | |
门外汉,外行人( layman的名词复数 ); 普通教徒(有别于神职人员) | |
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24 protracted | |
adj.拖延的;延长的v.拖延“protract”的过去式和过去分词 | |
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25 vexed | |
adj.争论不休的;(指问题等)棘手的;争论不休的问题;烦恼的v.使烦恼( vex的过去式和过去分词 );使苦恼;使生气;详细讨论 | |
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26 opposition | |
n.反对,敌对 | |
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27 impending | |
a.imminent, about to come or happen | |
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28 curiously | |
adv.有求知欲地;好问地;奇特地 | |
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29 pundits | |
n.某一学科的权威,专家( pundit的名词复数 ) | |
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30 sages | |
n.圣人( sage的名词复数 );智者;哲人;鼠尾草(可用作调料) | |
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31 bucks | |
n.雄鹿( buck的名词复数 );钱;(英国十九世纪初的)花花公子;(用于某些表达方式)责任v.(马等)猛然弓背跃起( buck的第三人称单数 );抵制;猛然震荡;马等尥起后蹄跳跃 | |
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32 levy | |
n.征收税或其他款项,征收额 | |
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33 martial | |
adj.战争的,军事的,尚武的,威武的 | |
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34 followers | |
追随者( follower的名词复数 ); 用户; 契据的附面; 从动件 | |
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35 intimidating | |
vt.恐吓,威胁( intimidate的现在分词) | |
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36 guilt | |
n.犯罪;内疚;过失,罪责 | |
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37 statute | |
n.成文法,法令,法规;章程,规则,条例 | |
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38 supreme | |
adj.极度的,最重要的;至高的,最高的 | |
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39 severely | |
adv.严格地;严厉地;非常恶劣地 | |
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40 reprehended | |
v.斥责,指摘,责备( reprehend的过去式和过去分词 ) | |
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41 repealed | |
撤销,废除( repeal的过去式和过去分词 ) | |
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42 depicted | |
描绘,描画( depict的过去式和过去分词 ); 描述 | |
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43 lurid | |
adj.可怕的;血红的;苍白的 | |
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44 discord | |
n.不和,意见不合,争论,(音乐)不和谐 | |
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45 exulted | |
狂喜,欢跃( exult的过去式和过去分词 ) | |
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46 asunder | |
adj.分离的,化为碎片 | |
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47 repose | |
v.(使)休息;n.安息 | |
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48 turbulence | |
n.喧嚣,狂暴,骚乱,湍流 | |
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49 inveighed | |
v.猛烈抨击,痛骂,谩骂( inveigh的过去式和过去分词 ) | |
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50 obstructing | |
阻塞( obstruct的现在分词 ); 堵塞; 阻碍; 阻止 | |
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51 Ford | |
n.浅滩,水浅可涉处;v.涉水,涉过 | |
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52 apprehensions | |
疑惧 | |
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53 briefly | |
adv.简单地,简短地 | |
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54 avowed | |
adj.公开声明的,承认的v.公开声明,承认( avow的过去式和过去分词) | |
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55 innocence | |
n.无罪;天真;无害 | |
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56 pointed | |
adj.尖的,直截了当的 | |
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57 indictments | |
n.(制度、社会等的)衰败迹象( indictment的名词复数 );刑事起诉书;公诉书;控告 | |
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58 submission | |
n.服从,投降;温顺,谦虚;提出 | |
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59 remitted | |
v.免除(债务),宽恕( remit的过去式和过去分词 );使某事缓和;寄回,传送 | |
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60 scarlet | |
n.深红色,绯红色,红衣;adj.绯红色的 | |
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61 offenses | |
n.进攻( offense的名词复数 );(球队的)前锋;进攻方法;攻势 | |
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62 sketch | |
n.草图;梗概;素描;v.素描;概述 | |
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63 impartially | |
adv.公平地,无私地 | |
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64 partisan | |
adj.党派性的;游击队的;n.游击队员;党徒 | |
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65 affiliations | |
n.联系( affiliation的名词复数 );附属机构;亲和性;接纳 | |
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66 disposition | |
n.性情,性格;意向,倾向;排列,部署 | |
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67 requisites | |
n.必要的事物( requisite的名词复数 ) | |
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68 eminently | |
adv.突出地;显著地;不寻常地 | |
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69 enrollment | |
n.注册或登记的人数;登记 | |
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70 justified | |
a.正当的,有理的 | |
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71 prosecution | |
n.起诉,告发,检举,执行,经营 | |
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72 transpired | |
(事实,秘密等)被人知道( transpire的过去式和过去分词 ); 泄露; 显露; 发生 | |
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73 insistent | |
adj.迫切的,坚持的 | |
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74 acquits | |
宣判…无罪( acquit的第三人称单数 ); 使(自己)作出某种表现 | |
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