The national era. [volume] (Washington [D.C.]) 1847-1860, 1852-01-22
CONSTRUCTIVE OBSTRUCTION.


1. The newspapers contain an account Of new
y-.....s ~ a.. >S,.S,,ss 81 .-s 49, " .el
Constructive Obstruction. 1t is thus reported
in the InteHigencer.
4" In the United States District Court at Phil
adelphia, on Monday, the case of Samuel Will
liams, colored man, charged with INSIDE
meanor in giving information to the slaves of
the late Edward Gorsuch, of Maryland, of the
intention to arrest them, 50 as to enable them
to concert and take measures to oppose the
operation of the law, was taken up for trial
The case is regarded as of importance, from
the fact of its being 10 first under the Fug-
tive Slave Law for obstructing the process of
the United States by giving information and
will determine whether person can be held
amenable for this constructive obstruction of
the law. The case was opened on the part of
the United States by District Attorney Ash
mead, who, after stating the facts which it was
expected would be proven against the prisoner
laid down the following premises in relation to
the offence of which he is charged:
"'First That the information given by the
defendant constitutes, in itself an aiding, abet-
ting and assisting the fugitives to escape and
90 Second. That the facts, taken together,
make the defendant as much principal in the
escape of the fugitive as any one who was pres
ent and took part in the transaction at Par
ker's house
"The case will probably occupy several
days"
The Government failed in its silly attempt to
manufacture Constructive Treason, but hopes
to succeed in making the new offence of Con-
structiue Obstruction.
Mr.. Williams gives information to some of
his friends, that there is posse out after them
and he learns, for the first time, that he has
been guilty of aiding slaves to escape If
Courts may trife in this way with the rights of
the People, what is the use of a Legislature.
representing the People, and responsible for
its acts, We need no aw-making power
for the tribunal that administers the law makes
the law. 1t is guilty of an audacious usurpa.
ton, when it makes that an offence which the
law-making power did not dare to define as an
| offence.
The man who denounces the Fugitive Law.
who argues against its constitutionality, who
endeavors to lay bare the meanness of slave
N"o'hhS; 10 yuoe 90 SuitJ VI u SOuStTuCtlNc %"
struction to the law as Mr. Williams, who in
formed the alleged fugitives that they were
about to be seized. If he is guilty of legal
offence, so are one-half the editors of the United
States, and half of the Peoples representatives.
Shareholders have boosted of belonging to the
school OF strict construction. They will have
nothing done by Congress, for which there is
not an express grant of power, or grant ne
cessarily implied. They and their allies adopt
different maxim in relation to the Courts
where their interests or prejudces are involved
They insist upon constructive treason con-
structive misdemeanor II upon the definition
| and punishment by the Courts of offences un.
known to the law, never in its contemplation.
Heaven knows the Law itself has proyi-
with scrupulous particularly for the inter-
! osts of slavery. denouncing as crimes, acts
in relation to it which in other countries are
held to be deeds of heroism; and now the
Courts are called upon to make laws for those
peculiar offences against it, for which the
legislative body can provide no general rule
1t il time to have done with these outrageous
attempts upon the liberties of the People Let
the law determine, in precise terms, what con-
stitutes crime or misdemcanor, and let the
Court administer the law as ii u.s. and not itself
be guilty of Treason To the People, by subject
ing them to the exactions Of an extemporary
code of constructive crimes and misdemeanors
| Under such code no man can know what are
his rights what his duties. In fact his liberty
is at the mercy of an irresponsible tribunal.
suppose Williams, instead of giving iniorma.
ton to the fugtives, had refused to give intor-
nation concerning their whereabouts to the
officer in pursuit of them and in consequence
of this they had been able to effect their escape
This, too, in the opinion of Mr. Attorney Ash.
mead: would have been aiding the slaves to es-
cape, consequently misdcmeanor
Or, suppose that one Of them, in state Of
utter destitution and severe suffering. had
prayed for morsel TO eat and Williams had
! given him bread and meat to save him from
starvation; this act Of charity would be, in the
Judgment of Mr.. Ashmead a misdemeanor--
for, without this timely relief he would have
been compelled to desst from his attempt to
escape and would have been seized by his pur.
suer The charity was constructivey aiding
him to escape, and thus therefore violation OF
the law
Does not every one see that the admission Of
this principle of constructive crime subverts all
Justice prostrates every safeguard of the rights
OF the citizen, and involves the establishment OF
Judicial Despotism, from whose tortuous
technealities and cunning constructions there
can be no escape.