The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-06-10
The Slave Trade and Resistance to United
States Officers.

The Slave Trade and Resistance to United
States Officers.
CHARGE OF JUDGE CURTIS, OF BOSTON, TO THE
GRAND JURY.
UNITED STATES CIRCUIT COURT-BosToN, June z.
The Grand jury were empannelled, OF whom
Isaac Tower was appointed foreman
Judge Curtis charged the Grand Jury with espe
pecal reference to the slave trade and resistance to
officers of government in the discharge of their duty
We give so much of it as relates to the last men,
toned offence.
There is another criminal law of the United States
to which must call your attention. and give you in
charge. II was enacted on the 18th of April $780,
and is IN the following words -
II any person sta knowingly wilfuy obstruct, re-
st or oppose officer OF the United States in serving
Or attempting 20 serve CT execute mesue process
warrant rue order of Of the courts Of the
ever shall assault beat or wound any officer or other
Ierson duly authorized in serving executing any wit
rule order, process warrant aforesaid such person
sba ction be npriso ned not exceeding twe,v
months and ned not exceeding three hundred collars
| You will observe gentlemen, that this law make
no provision Tor case where an officer. or other per
duly authorized, is killed by those unlawfully re
sistpe him. That is case Of murder and is left to
be tried and punished under the laws of the State,
within whose jurisdiction the offence is committed
Over that offence against tie laws Of the State OF
Massachusetts we have here no jurisdiction. 1t is
TO lie Presumed that the duly constituted authorities
of the State will, in any such case, do their duty
and if the crime Of murder has been committed, will
| prosecute and punish all who are guilty.
\ Our duty is limited to administering the laws Of
the United States and by one Of those laws which
have read to you to obstruct resist, oppose, or
beat or wound any officer of the United states, or
| other person duly authorized in serving or exc
cutting any legal process whatsoever, IL an offence
against the laws of the United States and is one of
the subjects concerning which you are bound to
| inquire.
II is not material that the same act is an offence
both against the laws Of the United States and of u
particular State. Under our system Of government
the United States and the several States distinct
oh hux., e -.
nal law, which it administers in its own tribunals
and the criminal laws of State can in no way af-
feet those Of the United States. The offence, there
fore, of obstructing legal process of the United
States If to be inquired of and trea ed by you as a
misdemeGror, under the act Of Congress which |
have quoted, without any regard to the criminal
laws Of the State, the nature Of the crime under
these laws.
This act Of Congress is carefully worded and its
meaning is plain. Nevertheless, there are some
terms in it, and some rules of law connected with
y, which should be explained for your guidance.
And first, to the process the execution Of which
is not TO be obstructed.
The language Of the act is very broad. II en-
braces every legal process whatsoever, whether is
sued by court in session, or by judge, or magis
trnte, or commissioner acting in the due admins
tration of any law Of the United States. You will
\ probably experience no difficulty in understanding
and applying this part of the law.
As to what constitutes an obstructi0n-it was
\ many years ago decided by Justice Washington,
that 10 support an Indictment under this law It
not necessary to prove the accused used or even
threatened active violence. Any obstruction to the
Tree action OF the officer, or his lawful assistants
wllfully placed in his or their way, for the purpose
OF thus obstructing him or them, is sufficient. And
il is clear that IL multitude Of persons should as
semble even in public highway, with the design
TO stand together, and thus prevent the officer from
passing freely along the way, in the execution of
his precept and the officer should thus be hindered
or obstructed this would of ITSELF and without any
active violence, be such an obstruction as Is con.
| ~ Il IN ha dad IF
any active violence then the officer Is not only OBJ
structed, but he Is resisted and opposed, and Of
course the offence is complete, for either Of them is
| sufficient to constitute II.
If Won should be satisfied that an offence against
this law has been perpetrated you will then inquire
| by whom; and this renders II necessary for me to
instruct you concerning the kind and amount of
| participation which brings individuals within the
compass Of this law.
And first, all who are present and actually OBJ
struct resist oppose are Of course guilty 30
al who are present, leagued in the common design
and so situated to be able in case of need to af
ford assistance TO those actually engaged, though
they do not actually obstruct, resist or oppose Ii
they are present for the purpose Of aording assist
nnce III obstructng resisting, or opposing the ofii-
hcers, and are situated to be able in any event
which may occur actually TO aid in the common de-
sign, though no overt act is done by them they
still guilty under ths law. The offence defined by
| this oct Is misdeneanor; and II Is a rule of law
that whatever participation, in Of felony would
render person guilty, either q principal in the
second degree, or as an accessory before the fact
does, in case Of msdemeanor, render him guilty
as principals in msdemeanors all are principals
| And therefore, in pursuance Of the came rule not
only thote who are present., but those who, though
absent when the offence was committed, did procure
counsel, command or abet Others to commit the Of
fence, are iDdctable a. principal. Such is the law
and II would seem that no just mind could doubt its
rropriety. If persons having influence over others
use that influence to induce the commission OF
crime, while they themselves remain at q safe die
lance, that must be deemed q very imperfect system
Of law which allows them 10 escape with immunity.
ira ard .ut,ects tic river Of II n pun' hson' -