Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1854-06-12
Gk 1aiIp sspp.'
Judge Curtis.

This distinguished expounder of United
States Laws, in the Circuit Court, at Boston,
does not appear to be at all satisfied with the
limited number of captives taken ON the night
of the attempted rescue of Anthony Burns,
and in his charge to the Grand Jury delivered
in the Court Room, on Wednesday, P. NJ,
he laid down the law upon SO enlarged and
comprehensive scale, as will make it rather
necessary for Marshal Freeman, and his band
of cut throats and assassins, to take drag-net
and run it over the State, for the purpose of
capturing and condemning to condign pun
ishment. every person in Massachusetts who
disapproves of kidnapping, and who dares to
say that his soul is his own.
After quoting the U. S. Law of 1870, which
imposes a fine of not more than $500, and
imprisonment for term not exceeding one
wear, as the penalty for obstructing any United
States Officer, in serving any writ, process,
&C., he goes on to define what is an obstluc-
ton, and says
at is clear. that, if multitude of persons
should assemble, even in public highway,
prevent the officer from passing freely along
the way, in the execution of his precept and
the officer should thus be kindered or OBJ
structed, this would, of itself, and with
out any active violence, be such an obstruc-
ton as is contemplated by this law. If to this
be added use of any active violence, then the
officer is not only INSTRUCTED, but he is resisted
and opposed, and of course the offence is
complete, for either of them is sufficient to
constitute it.
The offence defined by this act is a INSIDE
meanor; and it is a rule of law, that whatev-
er participation. in a case of felony, would
render person guilty, either as principal
in the second degree, or as an accessory before
the fact, does, in case of misdemeanor, rem
der him guilty as principal; in misdemean-
ors all are principals. And, therefore, in pur-
suance of the same rule, not only those who
are pres mt, but those who, though absent
when the offence was committed, did procure,
counsel. command, or abet Others to commit
the offence, are indictable as principals If
persons having influence over others, use that
influence to induce the commission Of crime,
while they themselves remain at a safe dis
lance, that must be deemed very imperfect
system of law which allows them to escape
with IMMUNITY.
My instruction to you is, that language, adj
dressed to persons who Immediately after
wards commit an offence, actually intended
by the speaker to incite those addressed to
commit it, and adapted thus to incite them, is
such counselling or advising to the crime as
the law contemplates, and the person SO in
citing others is liable to be indicted as prin-
cipal.
The design Of Judge Curtis is very evident.
BE wishes to secure the arrest of Messrs. Rus
sell. Parker, Phillips, and Others who partici-
uc,q, in the Fanenil Hall meeting, and as
can of those who were in the
,MpoaTEa night that the slave pen was
me "ATg RIeA IT, people. 1t is part of the
%hom Judge Curtis supports,
y ~. Turn support him, to abridge the
: 0obla II speech, and of the press, and, il
could only have their way. it would not
ong before the right of citizen to express
my opinion, not in accordance with the SEN
tirnents of the Executive, would be crushed
as treason.
We are glad that Judge Curtis has not SC
much power for evil as he has the disposition.
1t will be sad day for Massachusetts, when
men like him can exert an influence in pub
lie affairs, and convert the halls of justice into
an engine Of oppression, for the gratifc alton
of private anifnosities or political hatreds.