The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-03-11

has written the following letter relative to his
course with regard to the late fugitive slave
mob in that city, and which has been com
mented on by writer in the Boston .4tlas:
sIn an artj1as nthe atlas Of Tuesday last, the
issuing Presidens proclamation after the riot
here in the court house, and the whole action Of the
Government, is imputed to telegraphic despatch
sent by me to the Secretary of State, in which ex
pressed the opinion that the was case Of
'evying war; The writer of the article asks,
Does this negro mob within this class ofcases
Mr.. Curtis says it does, and the Government act
upon the suggestion. Such conclusion gives
dignity TO the case, but II does gross injustice TO the
people Of Massachusetts. and il to us due to
their character that such suggestion should re-
ceivo just rebuke.'
Called in this manner before (" the people of Mas
sachusetts to receive just rebuke" it will not.
perhaps, be thought improper for me 70 state what
my opinion was, and how IL came to DO given.
On Tuesday, the 18th Of February, received
from the Secretary of State Geographic despatch
dated on Monday, in these words:
"Pleaso furnish me by telegraph the precise facts
attending the of the alleged fugitive In tho
court house in Boston, on the 18th instant. Also
inform me II he has been recaptured or II any thing
important has occurred since the rescue. Lose no
time. DANIEL WEBSTER"
My answer was az follows:
/" Hon. DANIEL WEBsrnn, Washington
Your despatch received this morning. Rescue
occurred after left the courthouse. Overwhelna-
ing force suffered to accumulate BY gross neglect
OF the city authorities, marshal's department not
being fully prepared. Negro not recaptured
Two arrests made: Wright. editor; Davis, lawyer
The case is one of levying war; but the prosecu-
Hallett.
(Signed) GEO. r. CURTIS"
1t will be observed that my opinion was given to
the Secretary two days after the Occurrences. II
was, therefore, deliberate opinion, and II was not
expressed without consideration. will now state
the grounds of it to make them, hope, intel
ligible to unprofessional readers. @
The Constitution of the United States makes The
crime Of treason to consist among other things
Sin levying war against the United States" What
constitutes "levying war; is, OF course, matter
for Interpretation and definition. Chief Justice
Marshall, whom the writer in the Atlas does not
notice among his authorities said, on the trial of
Col. Burr that this term els not for the first time
applied to treason by the Constitution of the United
States. 1t il q technical term. 1t s used in very
old statute of that country whose language lie our
language, and whose laws form the substratum of
laws. 1t is scarcely conceivable that the term
was not employed by the trainers of our Constitu-
ton, in tho sense which had been affixed to il by
those from whom we borrowed it. - = 1t Is, there
fore, reasonable to suppose, unless it be incompati-
bic with other expressions of the Constitution that
the term "levying war; is used in that instrument
in the same sense in which il was understood in
England and in this couRtry, to have been used in
the statute Of the 25th Edward III, from which it
borrowed" The statute of Edward ILL.,, to
which the Chief Justice refers, was . statute
passed for the express purpose Of declaring what
should constitute the crime of treason; and among
the acts which il embraces il this of 'levying
war; Now, every sound lawyer knows, that
under this statute mob, or instruction, 10 pull
down particular house, is not an act of "leyying
war;" but to do it with an avowed design 10 pull
down oil houses of tho same class, is an act of
"levying war" In the same way, to rescue q par
ticuar prisoner by force of arms, force of num-
bers, il not treason; but 10 do it with an avowed
design to rescue all prisoners confined for the like
cause, is treason; the universality of the design
says Blackstone, 'msking it = rebellion against
the State, and usurpaton Of the powers of govern
ment and an insolent invasion of the Kine's
authority" 1t is the general defiance of public
government that constitutes this crime; and al
though there is but one act of violence committed
if 1t Is done with the avowed design to Illustrate
the power and authority of the government in all
similar cases, it is an act of "levying war; II
does not require armed rebellion of the people,
49,
be done by "negro mob,'' or by any other mob,
provided the general intention to resist the execu-
ton of particular law in all cases accompanies
the act. If such intention does accompany it. it il
treason, and those who do il, if convicted may DO
hanged for it.
The writer in the Atlas docs not seem to have at
tended to the very distinctions taken by the very
authorities whom he cites. If he will look at them
again, he will see that they all sustain the position
now take Nor is this doctrine now in this coun-
try. 1t has been acted upon. Men were convicted,
under Washington's administration, in Pennsyl-
vania, for participating in general combination
to resist the execution of tho excise law by force.
(U. S. .. vigol. DALI, a47.) Indeed, no xwycrs
would feel any difficulty in maintaining before any
court in this country the proposition stated by Mr.
Webster in his letter, Ito the Now York committee
for celebrating the 22d of February that if men
combine and confederate together, and by force of
arms, force of numbers, eectuay resist the ope-
ration of an act Of Congress, in its application to
particular individual, with tho avowed purpose of
making the same resistance to the Same act, In its
application TO all other individuals this IL levying
war against the United States, and nothing less
than treason
Such ! take to be the law. Now, what were the
facts at the time answered the Secrctary's de-
spatch? knew that in every form in which such
an Intention can bc declared-by speech, public
and privately resolves at public meetings, from
the pulpit and the press-there were men in this
city who had declared that fugitive slave should
be taken from this city under the act Of Congress-
and that. under the encouragement of these dcca-
rations, there colored men hero carrying arms
about their persons, in order to resist the law
There was, therefore, reason to believe, and did
and do still believe. in the existence Of conspiracy
hero, more or less extensive, to resist and prevent
the execution OF the law in all cases. Whether the
act of rescuing "Shadrack" was done in pursuance
of this general intention to resist the law in all
cases, it would not become me now to undertake to
show, because tho whole case 10 undergoing the
examination of the proper authorities.
But for me to have answered the Secretary of
State with any thing less than what believed To
be tho truth, would have been what he certainly
would novhave expected of me. It was my duty,
as citizen, to tell the Government the truth, and
the whole truth, az understood it. Whether it
was crcditable to the State, the city, or "the