Herald of the times. [volume] (Newport, R.I.) 1849-1856, 1851-07-17

tlO Wy IlIS ibOIC StCVatCu tObu'"'' ~
society is looked up TO as M del or
creole, aud could thus strengthen the
bulwarks OF property aud good govern
ment. Let such men then be made to
respond TO the full extent of their NOR
al and legal delinquences IN these mat
ters While others less intelligent and
clearly excited to wrong and misled by
them, receive more sympathy. Such
MI starred advisers Load the gun, which
they themselves have not the courage
to discharge, hut persuade others less
intelligent aud responsible, to fire at the
public officers, and these others thus
become exposed TO be shot down by the
officers lin return, while the advisers
keep out Of the way and seek by physi-
cal inaction to shelter themselves from
injury.
Yet every drop Of blood thus shed,
will cry from the ground TO Heaven
for vengeance on those, who advised
and urged the wretched fugitives into
iorcible resistance TO the laws. II will
be noticed, that speak not now against
free discussion of abstract questions, or
of men, or measures, or Of opinions re.
tained in the authors desk, nor even of
opinions publicly expressed, that violent
resistance is lawful. but expressed with
out advice, and solicitation to carry
them into effect. am not treating Of
these.
But suppose that some reformer, over
jealous and inconsiderate. exhOrts such
resistance, and that the butchery Of the
ministers Of the law be actually at
tempted. II may be advised from the
side walk to crOwd-Or in the throng-
ed Forum or even from the profaned
puIpit-or behind the Press, scattering
fire brands and death to the four winds
of Heaven, and the ignorant or depend
ent rush forward to do the bloody deed,
and on the steps Of the very altar OF
Justice. Can we act like rational be-
ings, or uphold law and order a single
hour when thus in tribulation, unless
the former are punished, as we'll as the
latter
Again. as nother illustration, that
none can fail to comprehend, suppose
that your enemy advise and exhort
weak-mindcd dependent TO apply the
midnight torch to your dwelling house,
that "wifc, children and sacred home"
perish before your eyes, being unable to
save anything from the flames except
your own life-is not the exhorter to
this, punishable for the horrid arson
give il TO you, then, in charge, Gen.
tlcmen. as an illustration OF this topic,
that by the common law, ''if A. advises
B. 20 Kill another, and B. does it in the
absence of A., (now) B. is principal, and
A. is accessory in the murder" Bl.
6. If A., after 80 advising, is present
at the murder, he is even n principal.
This is par; Of the great jurispru.
dence which our fathers acted on and
claimed as their birthrght.
Descending into details. the counsel
for the Government will Of course ad-
wise you, when cases arise, if the ofen-
ces are so committed as to manner and
place, rs not to be open to prosecut ion
before this particular Court, whose ju-
risdiction is in some respects limited
So where all offender cannot be prose-
cuted as an accessory here, but only as
principal, though he may be an acces.
sorry at common law, or in a State
Court.
The other class Of offences by prin-
clpas rather than accessories, and
which are most likely to happen III con-
nec,ion with the Fugitive Slave law:
deserves Il little further notice.
Murder is the prominent one; but
un Ter our system of mixed government,
il is generally TO be prosecuted in the
State Court, though we have undoub,-
ed cognizance Of it when committed in
aly building or place exclusively with
in The jurisdiction Of the United States,
as well as on the high seas.
The other offence most likely to oc-
cur and be punishable here in the prin-
cipals Is obstruction or resistance TO the
service of process. though it may be
without killing or murder. This as
early as 1890 (Stat April 30th,) was
made punishable by fine not exceeding
$500 and Imprisonment not beyond
twelve months, and is highly penal, in
dependent of any provision in the fugi-
tive Slave law Furnishing rescue.
No matter il the resistance be TO "a
process from Judge rather than a
court of the United States. Washing
ton Justice says 6 Wash. c. c. 1877
''it such a resistance Is not an offence,
for which n person can be prosecuted,
il is better that all the criminal law be
struck out oi the Statute book as il is
there only to show the debility Of the
government. No man can be brought
for trial before the court without pro-
cess; and if he can resist it with impu-
nifty, he cannot be brought at all and
he may resist every law OF the United
States with safety"
No matteralso what the precept mesne
or final-no matter what the ground Of
it, civil or criminal no resistance to the
ministers of the law-no derOgation
from its quiet majesty and rule, even by
threats OF Diolence much more by blows,
are TO be tolerated. 1 Stat. at l. III;
u. States VS.. Lovcry, 2 Wash. G.. G..
1863; u States VS.. Lukins. 3 Wash. &.
G.. 1851 Men must take heed to their
duties as well as rights. They must,
too, weigh well their dangers. Remem-
ber, that the officers of law are empow-
cred to resist the attacks ot rioters on
them TO produce an escape when in the
execution Of any legal process, even un-
TO death. Every rioter thus places
himself out Of the protection o the Gov
crnment he is resisting. He becomes
an OUTLAW, and may be shot down with
in.punity by those he is wickedly as
sailing. q Bl. c. 179, $50; Hale p.
{. i9i; Hawk p. G. III
Little could many Of those, recently
opposing the officers Of justice, know
their own danger, and that their lives
had been spared only by the e'emency
or incredulIty Of those they attacked