The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-10-01

tanned by Chief Justice Marshall, Bgr's Trial,
1876; and though II differs from that pressed by
Judge Iredell on the indictment of Fries, Wharf.
Am ST. IT., $50, feel authorized 10 recommend 1t
20 you, as within the terms Of the Constitution and
involving no injustice to the accused.
have only to add, that treason against the uni
ted States may DO committed by any one resident
or soJourning within its territory and under the
protection of It's laws whether he be q citizen
ahen.-FOSt q. L., 1853, s. j Hale, %, bO, o.; /
Hatok., ch. IL, S., Kel. 35.
Besides the crime Of treason, which have thus
noticed, there offences of minor grades against
the Constitution and the State, some or other of
which may be apparently established by the evil
dence that will come before you. These are en-
braced in the act of Congress of the 30th Septem
Der, 1880, CHI g. Sec y, on the subject OF obstruct
ing resisting the service OF legal process the
act of the I'd Of March, 1881 CHI. SO, 2, which
secures the jurors, Witnesses. and officers of our
courts in the fearess, free, and impartial admins
tration of their respective functons and the act of
the 18th of September 1850, oh. 90, which relates
more particularly TO the attempted rescue
OF fugitive from labor. These acts made
the subject of a charge 10 the grand Jury Of this
court in November last, Of which / shall direct =
copy to be laid before you; and / do not deem it
necessary TO repeat their provisions at this time.
Gentlemen of the Grand Jury, you are about TO
enter upon most grave and momentous duty
You will be careful, in performing it, not to per-
init your indignation against crime, or your just
appreciation OF its perious consequences to lniiu
ence your judgment Of the guilt of those who may
you will be careful. also. that no misguided charity
shall persuade you TO withhold the guilty from the
retributions of Justice You will inquire whether
an offence has been committed, what was its legal
character, and whe were the offenders-and this
done, and this only, you will make your present
ments according TO the evidence and the law
Your inquiries will not be restricted TO the con-
duct of Rsople belonging to- our own State. II in
the prog "a of them you shall find that men have
been among us, who, under whatever mask of
conscience or Of peace have labored to incite 9th
to reasonable violence, and who, after arrang
ing the eleIpents of the mischief, have withdrawn
themselves TO await the explosion they had con-
triye6 you will feel yourselves bound to present
the fact to the COURT; and, however distant may be
the place in which the offenders may have sought
refuge, we give you the pledge of the law, that its
far preaching energies shall be exerted to bring
them up for trial-if guilty, to punishment.
The offence Of treason ID not trable in this court
But by an act of Congress passed on the 9Th Of
August, 1876, chap. SO, it 10 made lawful for the
court, 10 take cognizance of all indictments for
crimes against the United States within the juris-
diction OF either of the Federal courts Of the district
There being no grand jury in attendance at this
time in the circuit court to pass upon the accuse
tions have referred to in the first instance, it has
fallen 10 my lot to the responsible office Of
expounding to you the law in regard to them. /
have the satisfaction of knowing that if the views
have expressed are in any respect erroneous,
they must undergo the revision of my learned
brother OF the supreme court who presides in this
circuit, before they operate to the serious pre-
judice OF any one; and that il they doubtful
even, provision exists for their examination in
the highest tribunal of the country