Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1851-03-22
NATIONAL INTELLIGENCER.
CHARGE OF JUDGE sPRAGUE, (or M.ss)
In Exposition Of the Fugitive Slace Lac, and
the consequences Of resisting II.


Court for the District of Massachusetts commenced
at Boston on Tuesday, Judge SPRAsUE presiding.
The Grand Jury being empannelled they were ad-
dressed by the Judge in the able CHARGE which we
publish below.
"In this Charge (says the Boston Courier) Judge
SpRAGuE took for his text the Fugitive Slave Law,
and the doctrine of resistance to II, which IS now
preached more or less openly by the Abolstsoaist
and Freeso parties The Charge is very able
and lucid exposition of the law as part Of the
great federal compact, and of the duties OF every
honest and loyal citizen under this compact. Of
course the clear common sense and sound argu-
menta,ion Of this able magistrate will 60 for nothing
with the Aboliionsts and Dsunionists, to whom
agitation, discord, and civil bros are the breath
of their nostrils; bat to sober-minded men, who
prefer the guidance of calm reason to that OF the
promptngs Of mad fanaticsm, Judge Sprague's re-
marks will commend themselves with due force
and effect. Any man who is wayering In his own
mind whether he shall yield obedience to the laws
OF the land or not, viii do well to give the words Of
the Charge serious consideration.
Gentlemen Of TIE Grand Jury: The office you hold
demonstrates that the Constitution has established not
confederacy Of States, but Government acting directly upon
individuals with Legislature TO enact laws Judiciary TO
expound them and Executive to enforce them. Under
this government the people of the United States have
loved greater degnee of liberty, prosperity and happiness
than have been yed by any other people in the history
of the world To preserve this Government necessary
that its laws should faithfully executed, and you are now
called upon under the highest sanction, to aid in this nas
pensable work
think proper at this call your attention partie
ary to that part the criminal code which prohibits and pu
ishes foe resistance to the laws Government is SO great
blessing that the highest crime which be committed IS
This is de6ed by the constitution itself in the fol-
lowing words: ericsson against the United States shall
consist only evying against them, in sdherlng to
their enemies, giving them aid and comfort What amounts
evying war; This question arose soon after the adoption
OF the constitution several trials of Mitchell, Vgo,
and Fne for being engaged the Pennsylvania nsurrecon
against the law imposing duty upon distilled spirits under
the administration of Washington. and subsequently in the
trial of Aaron Burr in the year 1907 and in the of the
United States Hoxie, the year 1908. These all
trials in the Circuit Court.
The only which has before the Supreme Court
that of par Bollman ct all Cranch, 1885, In this
it decided that !" if body Of men be actually as
sembei for the purpose of eectng by ooce reasonable
purpose" this evying What is reasonable pur-
pose If the object be entirely to overthrow the Government
at any place, by force, at New Orleans which is the
mentioned by the Supreme Court that reasonable
purpose But conspiracy 70 do this and actually ensng
who assemble is not sufficient TO constitute the
crime Of There be actual assemblage OF
for the purpose Of carrying the conspiracy into effect
by force So also it is reasonable purpose if the object be
prevent by force the execution Of any law Of the Unit
ed States in all cases. for is entirely overthrow the Go
vernment 10 of its laws. And if there be actual
ton into effect that is Of acting together and preventing by
force the execution Of the law generally, in all it will
constitute evyng Of war.
But the sudden outbreak of mob or the assembling Of
men in order by force to defeat the execution Of the law
particular Instance, and then dspese without the inten
lion continue together reassembe for the purpose Of
defeating the law generally, in all cases. evyng
If be actually levied persons may guilty although
present with the force actually assembled. "A those who
perform any part however minute, however remote from
the Of action, and who actually eagued in the
eral conspiracy, to be considered as traitors
There minor offences created and defined by acts of
Congress alone BY Of the 30th Of April $780, chap
g. section 90 is enacted That If any person or per-
shall Knowingly and wiuy obstruc resist oppose
any officer of the United States in serving attempting to
execute any process warrant rule
order of any Of the of the United States other
legal Judicial writ process whatsoever, shall assault
beat wound any officer other person duly authorized in
serving executing any writ rule order, process
aforesaid, every person knowingly and wiuly Offend
ing the premises, SHALL conviction thereof be pun
ished by fine and Imprisonment
Thus you perceive that for than sixty years, indeed
from the foundation Of the Government it has been crm
nal offence resist oppose obsruct the marshal in the
execution of warrant other legal process and plain
the utility and necessity of this provision that during all that
time voice has been raised against it. So far from i'm
pairing the energy with which the laws to be executed,
the people by their legislation have added sanctions
Thus by statute Of March I'd, 1881, chap SO, p it is
enacted That any person shall corrupty,
10y threats force endeavo to influence, nmdate, or i'm
pede any juror, witness officer, any Of the United
States in the discharge of bis duty, shall corupy by
threats free, obruct impede endeavor to obstruct
impede the due administration of justice therein every
person persons offending shall be liable prosecution
therefor, by Indictment"
This sautary enactment to the free of law
has been in force for nearly twenty years without objection
But have recently heard that only should the courts he
impeded administering the law but that the marshal should
be INSTRUCTED and resisted by force in the execution Of
legal because OF statute providing for the
and delivering of fugives from labor. 1t is to be
observed that this statute subjects to arrest who was
before liable be seized and carried Of The State for
since the adoption the Constitution these persons
have been liable be taken and carried away by those from
whose service they had escaped For preexistng right
created by the Constitution and affirmed by the Supreme
Court Of the United States Congress has provided
remedy by legal be executed by public officer
and has added pena sanctions eecuay to ensure the
execution Of the law.
II it have not all the safeguards could wish, neither
had the au eof l793 passed by the fathers of the cons
tuition, with the appreciation Of Washington, and sustained
by the people form than bali century. The constiu
ton commands that ugves from labor shall be delivered
The Supreme Court have decided that belongs Congress
is imperative, and will be enforced Let mistake
the mdness and rbearsnce with which the criminal code
habtuay administered, for weakness timidy Resistance
must make il serny inaexible
Discussion free. Men Of all classes and Of every shade
OF opinion by argument defamation, addressed
TO the reason the PASSIONS endeavor impress views
upon the puhic mind But if in their opposition to the
pressed VIM d society they from words to Deeds and
BODY msch.vons Doctrines criminal of resistance to
law, whoever they be- and whatever may be their posi-
ton or tneit ultimate purposes they later find