Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1854-06-13
MIR. JUSTICE CURTIS AND THE BOs.
TON MOB.

" NC octco upon ny the Sendte.
MIR. JUSTICE CURTIS AND THE BOs-
TON MOB.
We publish this morning so much of the
charge recently delivered to Boston grand
jury by Judge Curtis, of the supreme court as
relates to the case of the fugitive slave Burns.
In making this publication we beg leave to ex-
press our acquiescence in the points made by
the learned judge, not for the purpose of
strengthening his position, but because we wish
to express our own views.
Whenever men are guilty of violence or
bloodshed, they deserve punishment, unless
they can show matter of excuse or justification
But in order that they may be brought to pun
ishment, it is advisable to charge them with
the real offence they have committed, and that
too before court having jurisdiction of it. The
parties charged with participation in the
Gorsucn murder in Pennsylvania were indicted
before United States court for treason, which
was, in our judgment, equivalent to an acquit-
tai, no matter how cogent the proof connect
ing them with the murder of Gorsuch might
those who aided were guilty of murder under
the laws of Pennsylvania for the malicious
homicide, and of misdemeanor under the
laws of the United States, for resisting the ex-
ecution of the laws Of the United States. Judge
Curtis recognizes this distinction, and explains
it most satisfactorily, according to our judg
ment. @M
The Constitution does not permit Congress
or the State legislatures to define the crime Of
treason; and it repudiates the definitions given
in the law books, by announcing its own def
milton. 1t says that "treason against the Uni
ted States shall consist only in levying war
against them, or in adhering to their enemies,
giving them aid and comfort" Having thus
defined the crime, it goes on to declare tina,
'sno person shall be convicted of treason unless
on the testimony of two witnesses to the same
overt act or on confession in open court
1t would be difficult to convince jury that
mob violence, however outrageous it might be
even though it led to murder in resisting the
laws of the federal government amounts tc
levying war against the United States. And
besides, even if jury was convinced of tina,
fact then the criminal would be shielded from
punishment by the constitutional mandate
which requires that two witnesses shall be re-
quired to prove the same overt act of treason.
Congress has taken the same view ofthe mat
ter. II has specified the nature of the offence
which those commit who obstruct the execution
Of legal process emanating from federal au-
thority, and it has prescribed the punishment
to be inflicted upon conviction of that offence.
In doing SO it only looks to the distractions and
Furnishes that as misdemeanor by fine and
Imprisonment, leaving the States to punish any
murder which may be committed within their
limits in resistance to the execution Of the laws,
whether State or federal. We earnestly desire
to see the Boston rioters brought to punish
ment and we are convinced that the only
method by which that desirable result can be
accomplished is to try them for the actual Of
fence they have committed. Let the fedora
government pursue them under the act of Con
gress for resisting the officers of the law, an,
let the commonwealth of Massachusetts pursu
them under her criminal code for wilful an,
deliberate murder. By this means some pun
ishment may be inflicted on the guilty wretch
es; but if they are indicted for treason the
are safe, and will soon come forth as heroes
capable Of doing ten times as much mischie
as they have ever done.
We are much pleased at that portion Q
Judge Curtis's charge which defines the respon
sibility of those traitorous fanatics who in
famed the Boston mob, and urged them on t
violence and murder. Morally they are NOR
guilty than their dupes, and it is with pleasur
that we hear a Judge of the supreme court c
the United States stating that their legal gull
is the same as if they had in person performe
the acts of violence which they melted and urge
others to perform-being too cowardly then
selves to carry into execution that which the
counselled. We trust that the grand jury wi
sustain the Judge, and that the State authorize
of Massachusetts will take the same view
the case Then we may see the abolitio
fanatics arraigned before the federal tribunal
for resisting the execution of the laws of til
United States, and held to answer before tn
State tribunal as instgators and abettors of
foul murder. In that event they will be taught
we trust, that they cannot, with IMMUNITY, gath
er mobs to resist the laws, and take human life
and then sneak away and beg the protection
of the community they have outraged, Of TIL
laws they have violated, and the officers the
have assailed. we hope that the Boston gram
jury will do its duty promptly and effectively
under the instruction ofJudge Curtis. Such
course would have tremendous influence i
calming the public mind, and in restoring hal
mony between the two sections Of the confec
eracy.
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