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 Member of the Philadelphia bar

The next morning, (Saturday December 6th,) before the argument was resumed, Mr. Brent called the attention of the court to an article in a paper called the Pennsylvania Freeman. It contained an account of the serving up of a dinner for the prisoners on Thanksgiving day, and stated that the Marshal had participated with them. After some rather severe remarks from the Bench upon the character of the paper, the Marshal made an explanation of the matter with which Mr. Brent expressed himself perfectly satisfied.

Whatever may have been the object of presenting the subject to the Court at that time, whether to “give a public officer an opportunity of offering a public explanation,” or for any other purpose, it certainly had the effect of casting odium upon the prisoner at the bar. It was extraneous matter and as such should have been withheld till the conclusion of the trial. But when offered, the defence did not choose to exercise their right to object, not wishing to prejudice the defendant by any act which, on the part of illiberal counsel, might be called a disposition to stifle a full and fair investigation, of what (had not its folly and absurdity been made public) might, by innuendo and such other tricks, have been handled before the Jury in a manner prejudicial to the defendant.

Mr. Lewis then began his remarks in behalf of the defence. He deprecated, in strong terms, the whole prosecution, and alleged it had been commenced in a moment of excitement and public phrenzy. Had a little time been allowed for reflection, for inquiry into the facts, to ascertain Castner Hanway’s character, this issue would never have been presented to this jury. He suggested that the whole proceeding had taken this course at the instigation of the authorities of a neighboring State. The people of Pennsylvania did not deserve such treatment. They had always been loyal, and no better evidence of this is needed than the course and character of their legislation. Mr. Lewis then hastily rehearsed the different acts of Assembly upon the subject, mentioning the objects and purposes of each, and in some cases their private history. From these it appeared that the State of Pennsylvania had ever attempted to establish two points: “To provide a means for the recovery of fugitives within her borders, and to protect her own free black population. The first she did from comity, the last from duty.” The course of Maryland, had, he remarked, been uniformly the opposite of this. She had treated the free black subjects of Pennsylvania with habitual harshness and severity. After further comments upon the relative course of the two States, and asserting the right of every citizen of Pennsylvania, to interpose his influence when injury to her people or violence to her laws is threatened, he repeated the remark made by one of his colleagues that no one deprecated the unfortunate occurrences on the morning of the 11th more than Castner Hanway, and that neither he nor his counsel came there to justify, excuse, or palliate them. In their management of the defence they had desired to obtain not only justice to the living, but to observe a due respect to the memory of the dead, and a regard for the lacerated feelings of those who were bound by near ties to the unfortunate murdered man. The Messrs. Gorsuch had not been asked a question in cross examination, but were permitted to tell their story as witnesses in their own way.

He then referred to the case of alleged kidnapping at Chamberlain’s, and the feeling in the neighborhood which grew out of it. While this feeling existed, Kline, after having spent a day and two nights in the neighborhood, hanging about taverns and exhibiting himself abroad at unusual hours, made his descent upon the family of Parker under cover of the night. The whole affair had a kidnapping aspect. “The persons that saw this company of armed men surrounding this house of a negro supposed to be free, and held at bay by those within, might well suspect them to be kidnappers.” He reviewed carefully the whole evidence, and by the circumstances proven, argued the absence of combination, which must be sustained by two witnesses. Every act of Hanway’s could be explained and was explained by attributing to him humane and philanthropic motives. Any other construction was forced and unsupported by testimony. “Instead of being guilty of treason, there is no reasonable ground for imputing even impropriety to him. Never indeed was such a prosecution founded upon evidence so meagre, or such a charge seriously made, that would be so foolish if it were not that the subject is so serious.” Mr. L. then commented upon the law of treason, and in a masterly argument occupying seven pages of the printed report, fully elucidated to the jury the legal theory on the subject.

Mr. Brent followed Mr. Lewis. He began his remarks by reference to the oft-mooted question of counsel for the prosecution. He and Mr. Cooper were there by authority of the general Government, and he complained of the statements which had been made in the public prints and elsewhere of the difficulties which had arisen in their own camp. He said “there was an unfortunate question of etiquette between the learned gentleman (Mr. J. W. Ashmead,) and myself (Mr. Brent,) which upon my arrival in the city was fairly and honorably adjusted between us.”

The State of Maryland could not take the reports of the trials from the public newspapers. This man might be acquitted honorably, yet she would not know it or believe it, and his duty was to inform the citizens of Maryland officially of what had taken place. They did not, as had been stated, thirst for blood; and he complained at length of the insults that had been offered him and his State, by those counsel for the defence, who had animadverted upon the extraordinary array of counsel for the prosecution. He then, “before discussing the legal merits of the question at issue, attempted to depict the condition of the South,” and went into an elaborate history of the Fugitive Slave Law, with an enumeration of the rights and privileges guarantied by its provisions to slaveholders. After this, he spoke of the Union, and the duties of each citizen towards his Government.

He then passed to what he called, “the powerful combination of crushing testimony (corroborating Kline in every particular,)” and promised to prove from it that Hanway “did then and there connect himself with an organized band, which had been formed for treason.” He argued that “there was overwhelming circumstantial evidence to demonstrate Hanway’s implication in the previous conspiracy.” There was no direct proof, nor was it expected this could be brought “from a region the whole of which is infected, and where every white man in that immediate neighborhood, (with the exception of Miller Nott) is leagued with the traitors.” From Hanway’s presence, his silence, and all he was proved to have done, Mr. B. added it “was passing human credulity to say that you cannot infer in all this, a feeling of hostility to the law, and an intention to resist it.”[C]

The hour for adjournment having arrived, Mr. Brent suspended his remarks.

On Monday morning (Dec. 8th,) at the usual hour, he resumed by answering the comments Mr. Lewis had made upon the laws of Maryland, in relation to free colored persons coming into that State; and spoke of the evils that would result from a dissolution of the Union, and the execration in which those persons should be held who preached treason in the streets and from the pulpits.

He expressed surprise that Hanway’s wife had been permitted to remain by his side during the trial, and warned the Jury not to be moved by her tears. “There are other strange things,” he continued, “that have occurred in the progress of this trial,” and he mentioned the escape of prisoners, and the refusal of Harvey Scott to commit perjury a third time. The conduct of Elijah Lewis, Joseph Scarlet, Hanway, Dr. Kane and Lewis Cooper, on the day of the attack on Parker’s house, was next reviewed, in the severest terms; and then, after speaking of the evidence, he justified the conduct of Kline. He defended the Southern States from the charge of cruelty towards slaves, and enumerated some of the laws upon the subject.