The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1851-04-09


person or persons shall knowingly and
willulIy obsiruei. resist. or oppose any OF.
feer of the United States. in sersing or
attempting io serve or exerule any nense
process. or warrant. or any rule or order
Of any Of the courts OF The United States.
or any other legal or judicial wrii or pro-
eess whatsoever. or shall assault. beat ar
wound any officer or other person duly
authorized in serving ar executing any
writ, rule. order. process. or warrant afore-
said. every person so know ingly and viii
fully offending in the premises. shall. on
conviction thereof" be punished by fne
and imprisonment.
Thus you perceive that for more than
sixty years. indeed from The founda-
lion Of The Government, ii has been a
criminal offence 10 resist. or oppose. or
obsiruct the marshal in the execution Of
. warrant or other legal process. and so
plain is The uiilily and necessity OF this
provision thai during all that time no voice
has been raised against il. So Ear llom
impairipg The energy with which The laws
are 10 be executed. The people by their leg
islaiian have added new sanctions. Thus
by statute of March 2d. 1891, chap. 90,
sec. 2. il is enacied. That IL any person
or persons shall cnrrupily. or by threats or
force. endeavor 10 influence. inlimidaie, or
impede any juror. witness OF officer. in
any courrof The United States. in The dis.
charge Of his dniy, or shall couupllr, or
by threats or force, obsirucl OF impede. or
endeavor 10 obsiruci or impede, the due
administration of justice therein, every per-
son or persons so offending shall be liable
10 prosecuion therefor, by Indictment"
This ssluiary enactment 10 secure the
free course OF law has been in force for
nearly twenty years without objection.
But we have recently heard that not only
should ihe courts be impeded in admins
iering the law. but that the marshal should
be obsiruc,ed aud even resisted by force in
the execution Of legal process, because Of
a recent statute providing for the arrest and
delivering np Of fugiiives from labor. II
is 10 be observed that this statute subjects
no person 10 arrest who was not before
liable TO be seized and carried out Of Tho
: State; for ever since The adoption Of ih'
Constitution these same persons have beef
; liable 10 he taken and carried away b,
those from whose service they had escap
!, ed. For prc-exisling right created b,
= The Constitution and affirmed by tn
!, Supreme Court oflhe United States, Con
!, gress has provided new remedy by lega
: process to be executed by public officer
: and has added penal sanctions more el
fectually 10 ensure the execution Of III
. law.
:. II i, have not all The safeguards W,
|, could wish, sn neither had the statute o
Z 1893. passed By the fathers Of The consii
:. tuition, with the appreciation Of Washing
: ton. and sustained by The people for NOR
than half a century. The constiiutio
: commands that fugilives from labor sha
be delivered up. The Supreme Coul
!, have decided that il belongs to Congres
TO provide the means. Congress hav
enacted this law. Il is imperative. and
: will he enforced. Let no man mistak
the mildness and forbearance with whic
: the criminal code is habilaally administer
" ed, for weakness or timiiity. Resistanc
: must make il slcrnly inaexible.
Discussion is free. Men Of all classe
and Of every shade, Of opinion may, by al
;. gument or even defamation, addresse
! 10 the reason or the passions, enleavor
r impress new views upon The public mini
Blu, if in their opposition o,he expresse
!. will Of society they pass from words
: deeds, and cmbody mischievous doctrine
into criminal acts of resistance to Law
:. whoever they may be, and whatever ma
. be their position or their ultimate purpo'
> es, they mus, sooner or later find that ii
law is irresistible and overwhelming. III
:. 7. people have been so long accustomed
y absolute reposc and security under q
- quiet administration of law, that they a
: : no, easily brought TO believe that il can
= obs,rncted, much less 10 contemplate Il
: consequences Of its overthrow.
10 Blu. lei them be startled by acts Of vi
ne lence and systematic resistance. LEI i
ar brought home 10 them as practical que
N, lion whether they will live under law, az
An mnislered by responsible public agents.
Sc under the dominion Of a mob. impelled ,
Ct. passion. guided by no rule. and subject
no no restraint. and they will rush TO The su
i. port of The constituted authorities, and
no dignanlly repress the spirit Of anarchy.
The statute of 1850, chapter GO. aft
or providing thai The claimant Of fnglti
zee from labor may have warrant for his
ar res. or seize him without process. procee
III. in the 7ih section TO enact, /" That a
or person who shall knowingly and wilfu
az obstruct, hinder, or prevent such clall
10, ant, his agent or attorney, or any pers
ell. or persons lawfully assisting him. her,
re- Them. from arresiing such fugitive irt
I'd. service or labor, either with or wilh'
W. process as aforesaid. or shall rescue
lhe attempt TO rescue, such fugitive from
lily vice or labor, from the custody Of s.
10 claimant, his, or her agent or ahorn
l'or other person or persons lawfully