The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-10-25

l.
SAMUEL NELSON, one Of the Justices the Su-
preme Court Of the United States, furnished the
following extract from a charge to the Grand
Jury of the United States circuit court at its
October term, being so much thereof as relates
to the late rescue at Syracuse:
EXTRACT FROM CHARGE.
The district attorney has called my attention to
crime recently committed in one of the most pop
ulous towns in the western part of the State-the
case of the seizure and rescue of fugitive slave,
out of the hands of Federal officer, by an unlaw-
full assemblage of people, or less armed, pend
ing an examination before the magistrate, in pur
suance of an act of Congress, passed September IS,
1850.
The crime, al alleged, was committed in the edge
of the evening, in the midst of the local police and
municipal authorities of city of intelligence and
character; and this, after threats and other unmis-
taxable evidences OF an intended rescue and crime
had been given out.
The marshal, and all the authorities associated
with him, and other persons coming to his aid and
assistance, were overborne by the violence of the
mob, and law and legal authority trampled under
foot.
The case is one calling for grave and serious in.
quiry the part of the public thorties Neither
time nor expense should be regarded in the inves-
ugaton of the crime, and in bringing the guilty
offenders 10 justice. In case so serious, striking
at the very foundation of government of laws,
and substituting in its place brute force and
chy, the whole power of the Government should be
put into requsition to suppress the spirit of dsor-
der and punish the guilty. No government is
worth preserving that does not or cannot enforce
obedience to its laws
The seventh section of the act of 1850 makes il a
misdemeanor, subject to fine and Imprisonment
the fine not to exceed one thousand dollars, and
imprisonment not to exceed six months-for any
person knowingly to obstruct the arrest Of fugi-
tive from service; for any person to rescue, or
attempt to rescue, the same after the arrest is
made; to aid abet or assist, directly or ndi-
rectly, in an escape or rescue. The punishment,
according to this act is by indictment and convic
ton before the district court OF the United States
for the district within which the offence is com
mitted.
The Odd section OF the act OF Congress passed
April 80, 1870, also provides for the case of the OBJ
sruction of legal process in the hands OF an officer
of the Federal Government. The offence is pun
ishable by q fine not exceeding three hundred
dollars, and Imprisonment not exceeding twelve
months.
So far it respects the obstruction to the execu-
ton oflegal process, or forcbe rescue of the pri
soner, under the Fugitive Slave ac the provisions
of that act probably supersede those of the act of
1890, with one exception.
The act of 1890 provides for the case of assault
ing, beating, or wounding any Federal officer
other person duly authorized, while engaged in
serving executing any process.
This case Is not specifically provided for in the
act OF 1850; and may apply as well to an execution
of process under that act any other, as there is
no necessary repugnancy between the two acts in
this respect.
There is some doubt whether or not the circuit
court of the United States has jurisdiction of the
offence committed under this act of 1850; as the
act in terms limits the cognizance the district
court. l have, therefore, advised the district at
torney to present the cases before that court
The eleventh section OF the Judiciary act confers
he rrr
the district court of all crimes and offences cogni
cable therein. But it may be question whether
this provision applies to jurisdiction subsequently
conferred the district court as specifically as
that in the act OF 1850.
There is provision in a recent act of Congress
by which the district court is authorized to adjourn
or continue criminal cases pending therein to the
circuit, which no doubt embraces the cases in
question.
The forcibe resistance and obstruction of the
law TO which have referred involves something
more than the simple defeat of the execution of an
act OF Congress. The act of 1880 was passed to
carry into effect an important provision OF the Con-
sttution of the United States which Declares sthat
no person held to service or labor in State un
der the lave thereof, escaping into another SHALL
in consequence OF any law or regulation therein,
be discharged from such service labor, but shall
be delivered up on claim of the party to whom such
service or labor may be due"
The State of New York, in full convention as.
sembled, ratified and adopted the Constitution, of
which this provision is part, the 26th July,
l7SS, when che entered into the Onion; and thereby
pledged the faith and honor of the people of the
State to the observance and fufnent of all its pro-
visions and I'M unctions, and of all laws enacted by
Congress in pursuance thereof. The faith and
honor of the State is involved therefore in the dis
charge of these duties and obligations; aud while
these virtues are acknowledged by the people of
the State the Constitution will be revered 2srA4
obeyed, and, so far as she 10 concerned, the Union
cherished and preserved.
We will not believe that in the comparatively
short period in the being of nation of sixty three
years her have far degcnerated as to be-
recreant to the obligations of the Government
formed by their fathers and cemented by their
blood; and under which they have enjoyed de-
gree OF freedom and prosperity, and of all the
cial blessings flowing from the same that never be-
fore fell to the lot of the human race; and doubt
not, when it is seen that there is sentiment of
reasonable opposition i'll some parts Of the State
againet the Government, organized and breaking
out into open acts of resistance to the Constitution
and laws, they will awake to the danger, and put
down, with strong hand, this spirit of disunion,
and vindicatc the faith and honor of their fathers
and the character of their State
The question, whether this provision of the Con.
stution is to be carried into execution in the spirit
with which it was adopted is not one that concerns
simply New York If that was all, the question
could be settled among ourselves. But other States
interest in its observance. The compact has been
made with them, and with their people, and until
they consent to release Us from the obligation and
duty, VIC bound by it-bound by every faith
and tic that can give sanction to obligation
1T is true, New York may possess the physical
power to disregard her obligations, and set the
Constitution at nought, and abide the
qucnces. There are, am sorry to say, acts upon
her statute books, that, if carried out into pract
cal effect, would have already accomplished it.
But they have not been carried into effect, and !
trust never will be; they are, fortunately, dead
letter.
Before the people of New York, or of any other
northern State, make up their minds to disregard
and disobey this provision of the Constitution, they
will, doubt not look we'll TO the consequences.
Common sense, we'll common prudence and
wisdom, would dictate this.
As | have already said, the provision in question
ID a material part of the Constituton-the funda-
mental law of the Union, framed by our fathers,
and under which we live material and impor
tant that any one conversant with the history of
that instrument knows that without it the Union
would never have been formed.
Let any one more OF the northern States,
therefore, annul, utterly disregard it, setting
the fundamental law in this respect at defiance,
and be successful in maintaining such disregard
and abandonment of duty, against the whole force
and power of the General Government, and dis
rupton of the Union is already accomplished.
One or more members of the Confederacy can