The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1851-04-09
CHARGE OF JUDGE sPRAoUE,
loF MAssAcnusETTs.l

In Exposition effie Fugihp Sigue Lar, and
The consequences Of resisting q.
Gentlemen effhe Grand Jury:
The Office YOU now hold demonstrates
,ha. The Constitution has established not
a mere conlederacy Of States, hut Gov !
ernmeni acting directly upon individuals.
with Legislature to enact laws. Judi
ciary 10 expound them. and an Executive
10 enforce Them. Under this government
the people of The Uni,ed States have en-
joyed greater degree Of liberty. prosperi-
ily and happiness Than have been enjoy
ed by any other people in the history Of
the world. To preserve this Government,
il is necessary that lis laws should be
failhfnlly executed. and You are now cal
led upon. under the highest sanction, 10 aid
in this indispensable work.
! think il proper al this time to call
your attention particularly TO that part
of the criminal code which prohibits
and Furnishes forcible resistance 10 the
laws. Government is so gicat a bles-
sing, that The highest crime which can be
committed is treason. This is defined by
The constitution itself in the following
words: ). Treason against The United States
shall consist only in levying war against
them. or in adhcrng to their enemies, Civ
ing them aid and comfort" Wllalamounis
TO lcrying war! This question arose
suon after The adoption Of The constitution.
in The several trials Of Michel, Vignl. and
Fries. for being engaged in The Pennsylva.
MIA insurreciion against the law imposing
duty upon distilled spirils, under the adj
minislraiion Of Washington. and subse-
quen,ly inihe trial Of Aaron Burr in the year
1907. and in the case Of the United States
Us. Hoxie. in the year 1903. These were
all trials in the Circuit Court.
The only case which has come hefore
the Supreme Court was that of er parft
Bollman ct al. 4 Cranch, l25. Ia this
case il was decided iha, il body oil
men be actually assembled for the pur.
pose Of efIecling by force reasonable
purpose" this is levying war. What is
reasonable purpose! II the object be en-
tireIy TO overthrow The Government. at any
one place, by force, as at New Orleans
which is the case mentioned by the Su'
preme Court. that is reasonable purpose
Ba, conspiracy 10 do This, and actually
enllsting men who never assemble, Is no
sufficient to constitute the CRIME OF trea
son. There must be an actual assembling,
ofmen for the purpose ofcarIying the con
spiracy into eflec. by force. So also II j
a reasonable purpose, if the object be \
prevent by force The execution Of any on
law Of the United. States, in all cases. 70
i, is entirely to overthrow the Governmen
: as TO one of its laws. And if there be \
actual assemblage Of men. for the purpos
> of carrying such an intention into eiiec
: that is, oi acting together, and preven,ln
by force the execution Of The law genera
5 ", in all cases il will constitute levyin
J Of war.
Bot the sudden outbreak Of a mob,
the assembling Of men in order by fore
/ 10 defeat the execution Of the law IN pa
/: ,icular instance. and then 10 disperse. viii
o out the intention 10 continue together
: to re-assemble for the purpose oi delea
ing the law generally, IN all causes, IS NJ
: levying war;. .If war be actually levie'
g persons may be guilty although not pr
o sent with the force actually assembled
: All those who perform any part, how
! ever minute, or however remote from y
e scene of action, and who are actual
n leagued in the general conspiracy, are
be considered as traitors"