Eastern times. [volume] (Bath, Me.) 1846-1857, 1851-04-10
Another Voice from the Bench.

Another Voice from the Bench.
At the opening of the United States District
Court, in Boston, a few days since. Judge
srRAsuK delivereAAa very able and luminous
charge to the Grand Jury, n directed the
attention Of theiufy. as the oesszion requires
to that part q the criminal cod which relates
to forcibls assistance to the lava. He defined
and illustrated the crime or sason. asi tcon-
sists in levying war against the United States.
This act Of leyying war is made treason BY the
constitution. And what shall be considered
an act of levying war, waS decided by the
Federal Courts soon after the adoption Of the
force reasonable purpose, it is levying war.
If the object be to prevent the execution of all
laws in one place, or of any particular Law in
all cases. the purpose. is reasonable; and all
who are leagued in the general conspiracy are
considered traitors. s7ss'1' 2t itf at. = ri--
The people by new legislation have added
new sanction to their constitution. An act Of
Congress in 1890, provided for the punishment
of any person who should resist any officer of
the United States in the performance of his
duty in serving any judicial process. And an
other act in 1881 would subject any person to
indie ment for unlawfully interfering with
Courts and juries in the administration of JUS
tice. 49, GF 60 ..I ~
The Judge then alluded to the fact that
some have declared that Courts should be i'm
peded in the administration of the law, and
the Marshal obstrue:ed in the execution of
process on account Of a recent statute provid-
ing for the arrest and restoration Of fugitives
from labor. But by this law no person is made
liable to arrest who was not liable before to be
seized and carried out of the State, by virtue
of pre-existing right under the constitution.
Some safe guards were interposed by the stat
ute Of Of 1898, passed by the fathers of the con-
stitution and approved by WASHINGTON: and
similar safeguards are provided for the execu-
ton of the law of 1850, through the admins
tration Of officers and courts s. eHi
The constitution demands that such fugi-
tives be delivered up. The Supreme Court
have decided that Congress are to provide in
what manner. Congress have enacted this
law. It-cannot be nulli6ed by resistance
The seventh section of this law subjects to fine
and imprisonment those who obstruct an ar
rest or attempt rescue, or assist to escape, or
harbor, or conceal. in reference to such fugi-
tives. The Grand Jury are reminded of the
Importance of the duty which they have to
perform under the oath which they have taken.
Judge SPRAguE then proceeds to remark up
on the moral aspects of the subject as some of
the Jury might have an impression that this
law is morally wrong and ought to be resisted.
To show that this law is not morally wrong
he supposes the situation of State to be what
it, would have been if no national constitution
had ever existed. In that case State might
find it best for its peace and safety to interdict
the arrival of certain fugitives within its Dor
ders. 1t might also under this conviction,
stipulate with the government from which such
fugitives should come to deliver them up
And such compact when made would be
morally binding. But Massachusetts, in adopt
ing the constitution acceded to such compact.
Infinite wisdom has given to society the power
to legisiate upon such subjects. and the same
wisdom consequently requires of individuals
the duty of obedience to the laws of society.
q To make it matter of convenience 10 resist
law of society is to assume personal infalli-
bility. But man is not designed for such dis
sension. His appeal should not be to force,
but to society. He is social being. and his
,,oral dovapt sh,uld he ,ffa,tad Nv III IN,
bodied conscience of the community In this
view the law of the land Is the will of God.
In cases Of despotisIn, where oppression pres
ent and prospective is great. and upon calm
elaboration men have good reason to believe
that the permanent happiness of the communi-
ty requires revelation, the attempt may De
conscientiously made. a-4,' ,.-1.i
Bnt in republic, where the laws are made
by the people themselves through agents freely
appointed for short periods and by ftequent
elections, no such reason can well be supposed
to exist. 81 uj % as So ..-- '~- .-....
o. And in our own country. if the history of
this people be compared with that of any other
in any age Of the world. and in any respect az
fecting the best interests of the human family,
no one win desire to destroy our present sys-
tom of government in the vain hope of estab-
fishing better in its stead, unless he is Elm
accessible to reason or remonstrance, and of
that unfortunate class in whose minds judy
ment is dethroned and monomania holds
usurped dominion"
After this charge the Grand Jury retired for
the examination, it is supposed, of the cases
arising from the rescue of Shadrach.s i..s