Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1854-06-13

has the influence and effect intended by the ad-
wiser, unless il is shown 10 have been otherwise.
as that the counsel was received with scof, or
was maniiestly rejected and ridiculed at the time
il was given. Ii was said in the argument that
Jewett's abandoned and depraved character fur
nishes ground 10 believe that he would have COM
mitted the act without such advice rom Bowen.
Without doubt he was hardened and depraved
wretch but it is in mans nature 10 revolt At self
destruction. When a person is predetermined
upon The commission of this crime, the season
able admonitions of discreet and respected
friend would probably tend 10 overthrow his de-
termination. On the other hand, the counsel OF
an unprincipled wretch, stating the heroism and
courage the selfmurderer Displays might induce,
encourage, and fix the Intention, and ultimately
procure the preparation of the dreadful deed; ;
and if other men would be influenced by such ad
wee, the presumption is that Jewett was so innu-
enced. He might have been influenced by many
powerful motives destroy himself. Still the In
ducements might have been insufficient 10 pro-
cure the actual commission of the act, and one
word of additional advice might have turned the
scale"
When applied-as this ruling seems to have
been here applied-to case In which the adj
vice was nearly connected, in point of time,
with the criminal act, it is, in my opinion, cor
rect If the advice was intended by the giver
to stir or incite to crime-if it was of such a
nature as to be adapted to have this effect, and
thepersons melted Immediately afterwards COM
mitted that crime-it is just presumption that
they were influenced by the advice or incite-
ment to commit il. The circumstances, or
direct proof, may or may not be sufficient to
control this presumption; and whether they are
SO, can duly be determined in each case, upon
all its evidence.
One other rule oflaw on this subject is neces-
sary to be borne in mind-the substantive
offence to which the advice or Indictment ap-
piled must have been committed and it is for
that alone the adviser or procurer is legally ac-
countable. Thus if one should counsel another
to rescue one prisoner, and he should rescue
another, unless by mistakes or if the incite.
ment was to rescue prisoner, and he commit
a larceny, the inciter is not irresponsible. But it
need not appear that the precise time, or place,
or means advised, were used. Thus if one in
cite A to murder B, but advise him to wait
until b shall be at certain place at noon, and
A murders B at different place in the morn
ing, the adviser is guilty. So if the Indictment
be to poison, and the murderer shoots, or stabs.
So if the counsel be to beat another, and he is
beaten to death, the adviser is murderer; for
having melted another to commit an unlawful
act, he is responsible for all that ensues upon
its execution.
These illustrations are drawn from cases of
felonies, because they are the most common in
the books and the most striking in themselves;
but the principles on which they depend are
equally applicable to cases of misdemeanor.
In all such cases the real question is, whether
the accused did procure, counsel, command, or
abet the substantive offence committed If he
did, it is of no importance that his advice or
directions were departed from in respect to the
time, or place, or precise mode or means of
committing it.
Gentlemen: The events which have recently
occurred in this city, have rendered it my duty
to call your attention to these rules of law, and
to direct you to inquire whether in point of fact
the offence of obstructing process Of the United
States has been committed; if it has, you will
present for trial all such persons as have so
participated therein as to be gully of that of
fence. And you will allow me to say to you
that if you or | we're to begin to make discrimi-
nations between one law and another, and say
this we will enforce and that we will not en-
fore, we should not only violate our oaths, but
so far as in US lies, we should destroy the liber-
ties of our country, which rest for their basis
upon the great principle that our country is
governed by laws, constitutionally enacted, and
not by men.
In one part Of our country the extradition Of
fugitives from labor is odoua; in another if
we may judge from some transactions, the law
concerning the extradition of fugitives from
Justice has been deemed not binding; in an
other still, the tariff laws of the United States
were considered oppressive, and not fit to be
enforced.
Who can fail to see that the government
would cease to be a government if it were to
yield obedience to those local opinions? While
it stands, all its laws must be faithfully exc
cuted, or it becomes the mere tool of the strong
est faction of the place and the hour. Ii for
chile resistance to one law be permitted prac-
tically to repeal it, the power of the mob would
inevitably become one of the constituted au-
thorities of the State, to be used against any
law or any man obnoxious to the interests and
passions of the worst or most excited part of
the community; and the peaceful and the weak
would be at the mercy of the violent.
1t is the imperative duty of all of US con-
cerned in the administration of the laws to see
to it that they are firmly, impartially, and GER
tainly applied to every offence, whether par
ticular law be by us Individually approved or
disapproved. And it becomes all to remember,
that forcible and concerted resistance to any
law is civil war, which can make no progress
but through bloodsbed, and can have no termi-
nation but the destruction of the government
Of our country, or the ruin of those engaged in
such resistance. 1t is not my province to COM
ment on events which have recently happened.
They are matters of fact, which, so far as they
are connected with the criminal laws of the
United States, are for your consideration. /
feel no doubt that, as good citizens and lovers
of our country, and as conscientious men, you
will well and truly observe and keep the oath
you have taken, diligently to inquire and true
presentment make Of all crimes and offences
against the laws of the United States given you
in charge.
CARS ON FIRE ON THE SARATOGA RAILROAD
Two VALUABLE HORSES BURNED.-A car con-
tanning two horses, and the person who had
them in CHARGE on the Saratoga railroad caught