The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-04-05

Nj nfA
federal government the duty and necessity Of oh.,A
them, and the folly shallowness. and inconsistent,
those persons who, while they claim the pIolsc,ion
the law in the enjoyment OF their own political rL
set al naught and excite resistAaee TO ii where A
litica rights OF others concerned In his cha,..
the grand jury, the Judge took for his text The fn.
slave law and the doctrine of resistance 10 il NM
now preached more OF less openy by the aboioo;,
free soil parties The charge is very able and l0.s
exposition OF the law part OF the great federal ro
pact and OF The duties OF every honest and loyal .
under this compact OF course the clear common con-
and sound augmentation of this able magistrate win :
for nothing with the abooniss and dIsunioOs. :
whom agitation, dscord and civil bros are as IN h,p
OF their noslrils but 10 sober minded men, who asIs
the guidance OF calm reason that OF the pompIOgs
mad ianaticsm, Judge Spragues remarks will commsnl
themselves with dse force and effect Any man whol.
waverng in his own mind whether he shall Weld i.
dence TO the laws OF the land not will do well IN d.
the words OF the charge, which we here subloip !.
Iious consideration.
Gentlemen of the Grand Jury.
The office you now hold demonstrates that the conan
tuition has established not mere conledeacy of Sia,
but government, acting directly upon individuals Wb
Legislature to enact laws, judiciary 10 expound ,hs
and an executive TO enforce them Under this govsn'
nent the people Of the United States have enIovsd |,
greater degree OF liberty, prosperity and happiness Than
has been enjoyed by any other people in the hislo,v
OF the world; To preserve this government il is nec..
sary that its laws should be faithfully executed and m
called upon, under the highest sanction, 10 all
this indispensable work.
think Il proper at this time call your attention mar
cularly 10 that par! OF the criminal code which prohb
and Furnishes forcble resistance 10 the laws
Government is so great blessing that the highest Grim
which can be committed is treason. This is defined H.
the constitution itself in the following words Teas
against the United States shall consist only in levin
l a..
them aid and comfort" VIVA, amounts to levynr vaI
This question after the adoption OF The conr
tuition in the several trials Of Mitchell, Vgo and Fn
for being engaged in the Pennsylvania insunectn
der the administration oil Washington and subseou.D
in the trial OF Aaron Burr, in the year 1907 and in Il.
case of the United Statescs. Hoxe. in the year lsS
These were all trials in the circuit court.
The only case which has come before the Suu,m,
Court was that OF eI parts Bollman ct al, Cnncb
|l25 In this case decided that " if body Of m,a
be actually assembled for the purpose OF eecng by force
a reasonable purpose" this is levying war What ID,
reasonable purpose' II the object be entreyi owe.
throw the government at any one place by force, as
New Orleans, which is the case mentioned BY the S.
preme Court, that is reasonable purpose But con-
spiracy to do this, and actually enlisng who never
assemble, is not sufficient TO constitute the crime Of lrea
son. There must be an actual assemb!age Of men for he
purpose of carrying the conspiracy into effect BY force
So, Also it is reasonable purpose il the object be opfe
vent by force, the execution OF any law Of the United
government TO one oil its laws. And there be an
actual assembsge of for the purpose OF carrying
such an intention into efect-hal s, Of acting together
and preventing, by force, The execution OF the awu 4.
cases il will constitute levying OF war.
But the sudden outbreak OF mob, or the assembling Of
men, in order by force, defeat the execution Of The ,v
in particular instance, and then to dsperse, without he
intention 10 continue together or 10 reassembe for hs
purpose Of defeating the law in all cases. is not evyg
war II war be actually levied persons may be guilty.
although not present with the force actually assembled
I" All those who perform any part, however minute q
however remote from the of action, and who N
actually leagued in the general conspiracy are TO be
sideTed as traitors"
There are minor offences created and defined by acts
Congress alone. By statute Of the Both OF April, l7A
chapter 9, section %, il is enacted, That any p
or persons shall knowingly and wiluliy obsruc Issk
or oppose any officer OF the United Safes IN serving
attempting TO execute any mesne process OF ~
rant or any rule order of any of the courts oil y
United States, any other legal or judicial Wi, or oc
whatsoever or shall assault, beat, wound any o6u
or other person duly authorized in serving or execat
any writ, rule, order, process or warrant aforesaid, J
person SO knowingly and wfuy offending IN the prem.
SEES shall conviction thereof, be punished BY hne ~
imprisonment.
Thus you perceive that for more than sixty year-n
deed from the foundation OF the governmental has bs
criminal offence 10 resist or oppose, or obdrucl IL
marshal in the execution OF warrant or other legal pro-
cess and plain the utility and necessity oil this p
vision that during all that time voice has been ra
against IL. So lar IRON impairing the energy viii
which the laws are to be executed. the people BY thsf
legislation, have added new sanctions Thus BY aalul
OF March 2. 1881, chapter 80, section ?, ii is enae,.
" That il any person persons shall corrup.ly OF
threats force endeavor TO influence ntimidate. Or m
pede any juror, witness, or otcer, III any court OF ~
United States the discharge OF his daiy or shall co.,
rup,y or by threats force, obstmct impede OF en-
deavor to obslruct or impede, the due administration
justice therein, every person or persons SO offending s
| be liable to prosecution therefor, BY Indictment"
This saluiaTy enactment 10 secure the Tree course
law has been in force for nearly twenty years wllh
out objection But have recently heard that mol onA
should the courts be mpeded IN administering inc ~
but that the marshal should be obsnc'ea ana even y
sisted by force in the oil legal process oecauS
recent statute providing for the arrest and delivering
OF ugives from labor. Ii is TO be observed hat ~
statute subjects no person to arrest VINO was ho' o
liable be seized and carried out oil the o'a'e io
since the adoption OF the constitution, these same ~
sors have been liable To be taken and carried away
those from whose service they had escaped ro
existing right created by the constitution and amfmeo
the Sup. eme Court of the United States, Song1eA%
provided new remedy by legal process, 10 be sxecaM
by public officer, and has added penal sanctions ~"
eHectually TO insure the execution oil The law
II il have not all the safeguards we could w,so,
neither had the statute OF 1885, passed by the i.on
the constitution, with the appreciation OF Wasnnsloa
Jury. -.
The constitution commands that fugl,ives IRON ~
shall be delivered up. The Supreme Court have de, ~
that il belongs 10 Congress to provide the means w
gress have enacted this law Is imperative, anu s'
be enforced Let no man mistake the mildnes ana 'G
bearance with which the criminal code is habluay =
minisered for weakness or hmldity. Resistance NV
make il sternly in6exiblc.
Discussion is free. Men OF all classes and OF e,.p
shade OF opinion may, by argument or eves decamam
addressed to the The passions, endeayo o.
press new views upon the public mind But y, 70 a .s
opposition to the EXPIRE ssed will of society they pass ~
words 10 deeds, and imbody mischevons doctrines ~
criminal acis OF resistance 10 law, whoever tney nay
and whatever may be their position their uhmaw ~
poses they later find that The law n
slstble and overwhelming. The people have f." i,