The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-03-20

the Q. 8, District Court aud the Boston
! Fugitive Aeseus.
The following il abstract of Judge Sprague's
charge to the jury Of the United States District
Court, cow in session at Boston, relative to the
late outrage in that city,
Gentlemen of the Grasd Juyy:-The Office you
now hold demonstrates that the constitution has
established not mere coufederacy Of States, but
| government acting directly upon individuals,
with Legislature to enact laws, judiciary to
expound them, and an executive 10 enforce them.
Under this government The people OF the United
prosperity, and happiness than have been enjoyed
| by any other people in the history OF the world.
To preserve this government, il is necessary that
III laws should be faithfully executed, and you are
now called upon, under the highest sanction, to aid
| IN this indispensable work.
think il proper, at this time, to call your atteu.
lion particularly to that part OF the criminal code,
which prohibits and Furnishes forciole resistance to
TIE laws. Government is so great blessing, that
the highest crime which can be committed is trea.
son. This is defined by the constitution itself in
States shall consist only IN levying war against
the m, or in adhering to their enemies, giving them
aid and comfort" What amounts TO levylng war!
This question sson after the adoption OF the
constitution in the several trials of MITCHELL Vigol,
and Fries, for being engaged in The Pennsylvania
insuIrect0n against the law imposing a duty upon
distilled spirits, under the administration Of Wash
ington. and subsequently, in the trial OF Aaron
Burr, in the year 1907, and in the case Of the
Uuiied States vs.. Hoxie, in the year 1908. These
were all trials in the Circuit Court.
But the sudden outbreak OF mob. Or the as
sembling Of men in order by force, to defeat the
execution of the law in particular instance, and
then to dsps rise, without the intention to continue
together or to reassemble for the purpose OF defeat
ing The law generally, in oil cases is not levying
war. If war be actually levied, persons may be
guilty, although not sent with the force actually
assembled. "All those who perform any, part,
however minute, or however remote from the
he general conspiracy, are to be considered as
traitors"
acts of Congress alone. BY statute Of the Both Of
April, 1880, chapter 8, section ~, it s enacted,
"That if any person or persons shall knowingly
and wilfuy obsruct, reslsior oppose any officer OF
The URted States, in serving or attempting to serve
or execute any mesne, process, or warrant, or any
rule or order of any of the Courts of the United
States, or any other legal or judicial writ or pro-
executing any writ, rule, order, process or war
rant aforesaid, every person SO knowingly and will
fully offending in the premises shall, on conviction
thereof" be punished by fine and imprisonment.
Thus you pc receive that for more than sixty
years-indeed from the foundation of the govern
ment-it has been criminal offence to resist, or
oppose, Obstruct the Marshal IN the execution OF
a warrant or other legal process; and so plain is
the utility and necessity of this provision, that,
during sll that time, no voice has been raised
against it. So far from impairlng the energy with
which the laws are to be executed, the people, by
their legislation, have added new sanctions. Thus,
by statute Of March I'd, 1881, chapter 80, section
q it is enacted "That il any person or persons
ehsll corrupty or by threats or force endeav0r TO
influence, intimidate or impede any juror, witness,
or officer, in any court of the United States, in the
discharge Of his duty, or shall corrupty, or by
threats or force, obstruct or impede, or endeavor
TO obstruct or impede, the due administration OF
justice therein, every person or persons so offend
ing shall be liable to prosecution therefor by in
die ment.'
of law has been in force TOR nearly twenty years
without objection. But we have recently heard
that not only should the courts be impeded in the
| administration of the law, but that the Marshal
should be obstructed and even resisted by force in
the execution Of legal process, because OF recent
statute, providing tor the arrest and deverance up
Of fugitives from labor II is to be observed that
| this statute subjects no persons arrest who
before liable TO be seized and carried out OF the
States for ever since the adoption of the constitu-
ton these same persons have been liable to be taken
and carried away by those from whose service they
had escaped. For pre-. existing right created by the
oLetuon and affirmed by the Su preme Court Of the
| United States, Congress has provided new re-
medy by legal process to be executed by public
officer and has added penal sanctions more efiec-
tuay to ensure the execution OF the law. II il
have not all the safeguards we could wish, 30 nei
ther had the statute of l793 passed by the fathers
of the constitution, with the APPRECIATION of WASH
ing,on, and sustained by the people for more than
half a century. The constitution commands that
| fugitives from labor shall be delivered up. The
Suprem Court have decided that it belongs to
Congress to provide the means Congress have
enacted this law. Ii is imperative, and it will be
| enforced. Let no man mistake the mildness and
| forbearance with which the criminal code is habi-
tually administered for weakness or timitity. Re
sistance must mike il sternly intexible.
The statute OF 1850. chap 60, after providing that
| the claimant OF a fugitive from labor may have
warrant fer his arrest, or seize HIM without process,
| proceeds in the 7th section 10 enact, THAT any
| person VINO shall knowingly and willingly obstract,
hinder or prevent such claimant, his agent or at
torney or any person or persons lawfully assisting
4 him, her, or them, from arresting such fugitive
| rom service labor, either with or without pro-
| cess Aforesaid, shall rescue, or attempt 10
| rescue, such fugitive from service or labor, from
the custody OF such claimant, his or her agent, or
| attorney, or other person or persons lawfully as
sisting as aforesaid when so arrested pursuant TO
the authority herein given and declared; or shall
aid, abe, or assist such person so owing service or
labor afoTe said. directly indirectly, TO escape
from such claimant, his agent or attorney other
person persons legally authorized as aforesaid;
Or shall harbor or conct al such fugitive so as to
prevent the discovery and arrest OF such person,
sop was fugitive from service or labor as afore-
ssd shall for either OF said offences be subject to"
fine and imprisonment
have thus, as proposed, called your attention
TO certain acts of Congress and provisions Of the
constitution. They are the law Of the land, and it
IL most sole mn duty faithfully to execute them.
La the words Of the oath VIII CHI you have Just taken,
you are to do this without fear, favor, affection,
hope Of reward, presenting 'things truly they
come to your knowledge, according to the beet OF
your understanding"
Here might cIose but as great efforts have
been made TO convince the public that the recent
law cannot be enforced with a good conscience,
but may be conscenuously resisted; and an i'm
pression may have been made on some Of your
number, thus presenting an obstacle 10 the dis
charge Of plain legal duty, deem u proper TO adj
vert briefly to the moral aspects OF the subject.
In this art Of the country the convictions OF our
understanding, our moral sentiments, and our rei-
gIous opinions, adverse TO the institution OF
slavery. Hence some are ready TO conclude in the
fret place, that the provision Of the constitution for
delivering up fugitive slaves must be morally
wrong; and, IN the next place, that laws made TO
carry IL into effect TO be disobeyed and resisted
Neither Of these propositions lesitima,ely follow
from the premises.
We are told by some, that the law being morally
wrong, conscience tell them TO resist 1t. Con-