Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1854-06-17

Indictment to commit it. The circumstances or direct
proof may or may not be sufficient TO control this pre-
sumption; and whether they can duly be deter
mined In each case, upon all its evidence. lta
One other rule of law this subject is necessary be
borne in mind The substantive offence to which the adj
vice or Indictment applied must have been committed
and 1t is for that alone the adviser legally
accountable. Thus if should counsel another 70 res
cue one prisoner, and he should another by
mistake; or II the Indictment to prisoner
and he commit larceny the incer is not responsible.
But 1t need not appear that the precise time place
means advised were used Thus If one incite to
der b. but advise him wait until shall be at certain
place at noon, and murders at different place in
the morning. the adviser is guilty So If the Indictment
be to poison, and the murderer shoots stabs if
the counsel be to beat another and he is beaten DEATH
the adviser is murderer for having melted another
commit an unlawful act he is responsible for all that
sues upon its execution These illustrations drawn
from cases of feones because they the most
in the books and the most striking in themselves but
the principles which they depend equally applica
BILE to Of misdemeanor In all such the real
quesonis, whether the accused did procure COUNSEL
mand or abet the substantive offence committed If he
did, it is of no Importance that his advice directions
were departed from in respect to the time or place.
precise mode or means of committing II.
Gentlemen the events which have recently occurred in
this city have rendered my duty to call your attention
to these rules OF law and to direct you inquire whe
Their in point of fact the offence of obstrucng of
the United States has been committed II it has you will
present for trial asuch persons participated
therein to be guilty Of that offence. And you will al
low me 70 say TO you that II you or were TO begin to
make determinations between law and another, and
say tbs we will enferce and that will not enforce,
should not only violate oaths but far in lies
We should destroy the liberties Of country, which
rest for their basis upon the great principle that
country is governed by laws, constitutionaly enacted
and not by men.
In part Of country the exradtion of fugtives
from labor is odious in another if may judge from
transactions the law concerning the extradton Of
fugyes from justice has been deemed binding; in
another STILL the tariff laws of the United States
considered oppressive and not fit to be enforced.
Who can fail to that the Government would
to be Government If it to yield obedience these
local opinions? While it stands oil its laws be
faithfully executed it becomes the tool of the
strongest faction of the place and the hour If forcibe
resistance to law should be permitted practically
repeal it, the power of the mob would inevitably become
of the constituted authorities of the State be used
and passions of the worst most excited part of the
community and the peaceful and the weak would be ut
the mercy of the violent
1t is the imperative duty of all of concerned in the
administration Of the laws to it that they firmly
imparaly andcertainy applied every offence whether
particular law be by US individually approved dsap-
proved And it becomes oil remember that forcfble
and concerted resistance to any lais civil war; which
can make progress but through bloodshed and can
have termination but the destruction Of the Govern
ment of our country the ruin of those engaged in
such resistance Ii is not my province comment on
events which have recently happened. They matters
Of fact which, far they connected with the cr
mnal laws Of the United States your considera
hon feel doubt that good citizens and lovers of
our country, and conscientious men, you will well and
truly observe and keep the oath you have taken diligently
offences against the laws of the United States given you
in charge.