and the blowing of a bugle.

across the fields, their attention was arrested by the sound of horns, After watching about Parker's house for a short time, one or two negroes were seen coming out of it. On discovering Kline and his party they fled back into the house, and on pursuit being made by him, they ran up stairs. These negroes were recognized by Edward Gorsuch and known to be his slaves. Kline entered the house, and almost immediately ascertained that a large number of negroes were concealed in the upper part of it; he nevertheless went to the stairway and called the keeper of the house to come down, stating that he was desirous of speaking to him. The negroes at this time were heard loading their guns. Kline hearing the noise, said to them that there was no occasion for arming themselves,-that he designed to harm no one, but meant to arrest two men who were in the house, for whom he had warrants. Some one replied they would not come down. Edward Gorsuch then went himself to the stairway, called his slaves by name, and stated that if they would come down and return home he would treat them kindly and forgive the past. Kline then read the warrants three times, and afterwards attempted to go up stairs, when a sharp pointed instrument was thrust at him, and an axe afterwards thrown down which struck two of the party below. Edward Gorsuch then went to the front door of the house, and looking up to the window, again called to his slaves by name, when a shot was fired at him from the window. In order to intimidate the blacks, Kline fired his pistol. At this period a horn was blown in the house which was answered by other horns from the outside, as if by pre-concerted action. The negroes then asked fifteen minutes time for consideration, which was granted to them. At this moment a white man was seen approaching the house on horseback. It turned out to be Castner Hanway, the present defendant. Kline immediately walked towards him and inquired if he resided in the neighborhood. His answer was short and rude: "It is none of your business." Kline replied by letting him know he was a Deputy Marshal of the United States, gave him the warrants to read, and called upon him in the name of the United States to assist in making the arrests. Hanway replied "he would not assist that he did not care for that act of Congress or any other act, -that the negroes had rights and could defend themselves, and that he need not come there to make arrests, for he could not do it." By this time another white man had arrived on the ground, (Elijah Lewis,) who walked up to Kline and asked him for his authority to

be there. Kline showed his papers to him also.

Kline

Lewis then read the warrants, passed them to Hanway, who returned them to the Marshal. Lewis, after reading the warrants, said "the negroes had a right to defend themselves." Kline then called upon him to assist him in making the arrests, when he refused, and would not even tell his name. Kline then asked Hanway where his residence was; he replied "you must find that out the best way you can." then explained to them what his views of the act of Congress of 1850 were, and informed them that through their agency these slaves would escape. By this time the blacks had gathered in very large numbers around the house, armed with guns, which they commenced pointing towards the Marshal. At this juncture, Kline implored Hanway and Lewis to keep the negroes from firing, and he would withdraw his men, leave the ground, and let the negroes go. Hanway instantly replied, "they had a right to defend themselves, and he would not interfere." Kline's answer was, "they were not good citizens, or they never would permit the laws to be set at defiance in this way." Dr. Pearce then remarked "that all they wanted was their property, and that they did not wish to hurt a hair of any one's head." Lewis replied "that negroes were not property," and then walked away. By this time another gang of negroes had arrived, armed with guns and clubs, and Hanway rode up to them and said something in a low tone of voice. He moved his horse out of the way of the guns; the negroes shouted, and immediately fired from every direction. Hanway rode a short distance down the lane leading from Parker's house, and sat on his horse watching the blacks. Kline then called to Lewis, telling him a man was shot, and begging him to come and assist, which Lewis refused to do. This conversation took place at the bars on the short lane, which will be shown to you upon the plan we purpose giving in evidence. While this conversation was going on, and just before the firing commenced, Edward Gorsuch was standing in the short lane, about half way between the bars and the house. Joshua M. Gorsuch was standing near him; Dickinson Gorsuch was in the short lane, not so near his father as was Joshua, and Dr. Pearce, Mr Hutchings and Mr. Nelson were somewhere near the same spot. The number of negroes assembled at this time must have exceeded one hundred. Before the firing commenced, Edward Gorsuch was struck with a club on the back part of the head, and fell forward on his hands and knees. As he was struggling to rise, and in the act

of getting upon his feet, he was shot down, and when prostrate on the ground, was cut on the head with a corn cutter, and beaten with clubs. Dickinson Gorsuch, on perceiving the attack made upon his father, immediately rushed to his assistance, when his revolver was knocked out of his hand, and he himself shot in various parts of the body, producing intense agony, and rendering him utterly helpless. Joshua M. Gorsuch was attacked at the same time, and defended himself with his revolver, which he twice snapped at his assailants, but the powder being wet it would not go off. He was also struck down and cruelly beaten and maltreated. When the firing commenced, Kline, in order to avoid its effects, escaped into a corn-field, but on seeing Dickinson Gorsuch struggling in the short la e apparently wounded and bleeding, at the risk of his own life he went to his assistance, and placed him under the shelter of a tree until aid could be procured. Hutchings and Nelson, two of the others, were at this time making their escape, the negroes being in full pursuit. Dr. Pearce and Joshua Gorsuch retreated by the short lane, and a number of shots were fired at them as they moved off. Dr. Pearce was shot in the wrist, side and shoulder, and a ball also passed through his hat just above his forehead. In the effort to escape, these latter gentlemen rushed towards Hanway, who was still sitting on his horse in the long lane. They besought him to prevent the negroes from pursuing farther. He said he could not. They then asked permission to get upon his horse, which would afford the means of making their escape. He refused their request, and putting whip to his horse rode off at full speed. This mode of a safe retreat being denied to Dr. Pearce and Joshua Gorsuch, their only hope was in continuing to run. Pearce was in front and Joshua Gorsuch behind. In looking back, Dr. Pearce saw a negro who had previously fired at him, strike Joshua Gorsuch with a gun, which felled him to the earth, and only escaped himself by rushing into a neighboring farm-house, where he was concealed from view. Joshua M. Gorsuch and Dickinson Gorsuch were subsequently carried to houses in the vicinity, and were a long time recovering from their wounds. In connection with this narrative of facts, I will also state that there are two or three other matters which will appear in the course of the testimony to which I shall call your attention.

First-That so soon as Hanway appeared at the bars, the negroes in Parker's house appeared evidently to be encouraged, and

gave a shout of satisfaction; when before that they had appeared discouraged and had asked for time.

Second--That before the firing commenced, Kline had given orders to his party to retreat and they were actually engaged in the retreat when the attack was made.

Third-That Edward Gorsuch, who was killed, had no weapon of any kind in his hands, and was therefore cruelly, wantonly and unnecessarily wounded by the defendant and his associates, while carrying out their combination and conspiracy to resist, oppose and render inoperative and void the acts of Congress referred to in the indictment.

Such, Gentlemen of the Jury, is the general outline of the facts, which I propose to give in evidence, in order to sustain the accusasations contained in the indictment. The details of the testimony, as you will receive it from the witnesses, will fully complete this sketch. If the result of the investigation exhibits the state of facts which I anticipate, it will be contended on behalf of the United States, that the crime of High Treason has been established against the defendant; and that you, faithfully, honestly and fearlessly responding to the obligations of your oaths, will say so by your verdict.

Treason against the United States, as defined by the Third Section of the Third Article of the National Constitution, consists in levying war against them, or in adhering to their enemies, giving them aid and comfort. The crime charged against this defendant, is that embraced under the first of these subdivisions, viz: that of levying war against the United States. The phrase, levying war, was long before the adoption of the Constitution, a phrase of wellknown legal signification, embracing such a forcible resistance to the laws as that charged against this defendant. Since the adoption of the Constitution, it has received a similar construction from the Federal Judiciary, and may now be considered as a settled principle of the criminal code of the United States. The judicial decisions upon which this position is predicated, will be submitted to the Court in the course of this address, in that which I regard as its appropriate place.

The Act of Congress, which the defendant is charged to have forcibly, violently and treasonably resisted, is an Act approved on the 18th of September, 1850, entitled "An Act to amend, and sup plementary to the Act entitled: 'An Act respecting fugitives from justice, and persons escaping from the service of their masters, ap.

proved February 12th, 1793.'" The original Act of 1793, and the supplement of 1850, are based on the provision of the Second Section of the 4th Article of the Constitution of the United States, and are intended to carry into full and faithful execution the clear, positive and unequivocal injunctions of that instrument. The Section which I allude to, declares that "No person held to service or labor in one State, under the laws thereof, escaping into another, shall in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up, on claim of the party to whom such service or labor may be due." It is almost needless to say, that without this provision, the Constitution of the United States never could have been adopted; the existing National Union never could have been formed, and the powerful, prosperous, and glorious Republic of the United States, never could have existed among the nations of the earth. Of the value of this Union, not only to us as a separate people, but to the common family of mankind, I admit my utter inadequacy to form an estimate, regarding it as one of those great blessings of Divine Providence which human intellect cannot fathom; and which increases in appreciation with the progressive development of its benefits.

The Constitution of the United States, you are aware, was adopted by a convention of the people of the States, on the 17th of September, 1787. At the second session of the Second Congress, held under that instrument, viz: on the 12th day of February, 1793, was passed the "Act respecting fugitives from justice, and persons escaping from the service of their masters." Its provisions were plain, simple, and clear; manifesting on the part of its framers, many of whom had been members of the National Convention which had previously framed the Constitution, a frank, honest and sincere disposition to carry into effect a constitutional injunction, which most probably was unpalatable to some of them. The law is sufficiently brief to justify my reading a portion of it. The third and fourth sections of it are as follows:

Sec. 3. That when a person held to labor in any of the United States, or in either of the Territories on the North West or South of the river Ohio, under the laws thereof, shall escape into any other of the said States or Territory, the person to whom such labor or service may be due, his agent or attorney, is hereby empowered to seize or arrest such fugitive from labor, and to take him or her before any Judge of the Circuit or District Courts of the U. States, residing or being within the State, or before any magistrate of a