Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1854-06-17
THE PENALTIES OF RESISTING OR OF ADVISING
RESISTANCE TO THE LAWS.
IRON THE BOSTON COURIER OF JUNE s.


recent events in this city must strike every observer
will be seen that the Judge directs the attention of the
Jury not only the actual preparation Of crime but TO
the crminality of those whose nstgaions indictments
advice, and procurement are instrumental in causing
crime to be committed Such accessories before the fact
become involved in the guilt of those who perpetrated
the actual deeds of crme and they equally amenabe
to the law punishment This is sound doctrine and
we earnestly hope will be carried into practice There
will be no safety for any mans life long permit
men to 60 unpublished who teach felony and sedon
trade and commit murder by procuraton because they
are cowardy to lift the assassns dagger themselves
We trust the Grand Jury will do their proper duty
this occasion.
THE CHARGE OF JUDGE CURTIS.
There is another criminal law Of the United States to
which must call your attention and give you in charge.
1t enacted the 18th of April $780, and is in the
following words:
"If any person shall knowingly wilfuly obstruc resist
oppose any officer of the United States in serving at
tempting serve any process warrant
rule order of Of the Courts of the United States
any legal process whatever shall assault
beat any officer other person duly authorized
serving executing any writ rule order, process
aforesaid such shall conviction, be imprisoned
exceeding twelve months and fined exceeding three
hundred dollars" Hf0g Hs
You will observe, gentlemen, that this law makes
provision for where officer other person duly
authorized is killed by those uHawfully resisting him.
shed under the laws of the State within whose ursdc
ton the offence is committed. Over that offence against
the laws Of the State Of Massachusetts have here
jurisdiction 1t is to be presumed that the duly consti
tuted authorities of the State WILL in any such do
their duty and if the crime of murder has been commit
ted, will prosecute and punish all who are guilty.
Our duty is limited to administering the laws Ofthe
United States and by one of those laws, which lave
read to you to obstruct, resist oppose beat or
wound any officer of the United States other peson
duly authorized in serving executing any legal
whatsoever, is offence against the laws ofthe
United States and OF the subjects concerning which
you are bound to inquire.
1t is not material that the act is offence 10th
against the laws of the United States and of particular
State Under our system Of government the United
States and the several States distinct soyereigntes
each having its system of criminal law which tad
ministers in its tribunals and the criminal law of
State in way affect those of the United States.
The offence therefore, of obstructng legal process ofhe
United States to be inquired of and treated by you
misdemeanor under the act of Congress which lave
quoted without any regard to the criminal laws Of the
State or the nature of the crime under those laws
This act of Congress is carefully worded and its
ing is plain. Nevertheless there in and
rules of law connected with it which should b,
planned 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 1t embraces
every legal whatsoever whether issued acourt
in session, or by judge, magistrate commissions
acting in the due administration of any law Of the United
States You will probably experience difficulty 10
derstanding and applying this part of the law.
AS to what constitutes obstruction it many
years ago decided by Mr. Justice Washington that to
support an indictment under this law it
to prove the accused used threatened active
violence Any obstruction to the free action Of the cer
or his lawful assistants, wlfny placed in his their wsy
for the purpose of thus obstrucng him them suf
cient. And it is clear that, if multitude of persons
should assemble in public highway, with The de-
sign to stand together and thus prevent the officer from
passing freely along the way the execution of his
cep and the officer should thus be hndered or oostruc
ed this would of ITSELF and without any active violence
be such an obstruction is contemplated by this law
to this be added of any active violence then the off
not only obstructed but he is resisted opposed
and Of the offence is complete either them
is sufficient to constitute it. sE
Ii you should be satisfied that offence against this
law has been perpetrated will then inquire by whom
And this renders it necessary for to instruct
corning the kind and of participation which brings
individuals within the compass of this law.
Aud, first, all who present and actually obstruct
resist or oppose are of course guilty SO oil who
present. eagued in the design and situa
ed as to be able in Of need to afford assistance
those actually engaged though they do not actually OBJ
struct resist, oppose If they present for the
purpose of aordng assistance in obsructing resisting
opposing the officers and situated to be able
in any event which may occur, actually to aid in the
common design, though overt act is done by them,
they still guilty under this law. The offence defined
by this act is misdemeanor and it is rule of law
that whatever participation, in of felony, would
render person guilty, either principal in the second
degree accessory before the fact does
of misdemeanor, render him guilty principal in
misdemeanors all principals And therefore, in pur
suance Of the rule only those who present
but those who, though absent when the offence
mitted did procure COUNSEL command abet others to
commit the offence indctable principals Such is
the law and it would that just mind could doubt
its propriety II persons having influence others
use that influence to induce the commission of crime,
while they themselves remain at safe distance, that
must be deemed very imperfect system of law which
allows them to escape with impunity Such is not our
law Ii treats such advice criminal and subjects the
giver oft to punishment according the nature ofhe Of
fence to which his perncious counsel has led. fit be
OF felony he is by the law accessory be-
fore the fact and by the laws of the United States and
of this State punishable the extent the prn
cipal feon III be of misdemeanor, the adviser
himself is principal offender and is to be ndicted and
punished as if he himself had done the criminal 1t
may be important for you to know what in point Of law,
amounts to such advising counseling another as
will be sufficient to constitute this legal element in the
offence. II is laid down by high authority that though
mere tacit acquiescence, words which amount to
bare permission, will not be sufficient, yet such pro-
curement may be, either by direct MEANS by hire
sci, command, indirect, by evncing an express
liking appreciation, assent to anothers criminal de-
sign From the nature Of the the prescribe
only general rules the subject. My instruction to
you is, that language addressed to persons who imme
diately afterwards commit offence actually intended
by the speaker to incte those addressed commit it.
and adapted thus to incte them, is such counseng
advising to the crime the law coutempates and
person melting others is liable to be indicted as
principal
In the case OF the Commonwealth vs. Bowen a3 Mass
r. 359 which indictment for counseng another
to commit suicide tried in 1916, Chief Justice Parker
nsructing the jury and speaking Of the Supreme Court
90 Maooa CHI matt