Weekly Indiana State sentinel. [volume] (Indianapolis [Ind.]) 1853-1861, 1856-09-04
"High OF Law pootrine.o

Will address itself to the reason and justice
of all lovers Of civil and religious rights
At a time when the enemies to our Declare
ton of independence and our glorious Con
s%titution are endeavoring to destroy thei
binding force and effect upon the minds anc
hearts of their recipients, and openly proclaim
the "Higher Law Doctrine Of resistance Il
their requirements and open rebellion to the
laws of our Constituted Authorities, and open
ly set at defiance the laws of Congress, it is
of the highest importance to exhibit the ten
dency of such views and principles in theiI
practical bearing and naked deformity, result
ing in rebellion, anarchy, disunion and muir
der:
STATEMENT.
Samuel Jewell, by an agreement with the
owner, entered upon a lot of uncultivated
land about forty years ago had cleared and
cultivated part of it, built a small framed
house and barn upon it, and had continued
to occupy il until the spring of the year 1851.
He had some years before that agreed with
the owner to pay him 500 dollars for the
land, and had paid 5000 in part. He had for
a long time neglected to pay any more. lie
had a son John j. Jewell, who had, with his
wife, resided for some years with his father.
The owner of the land had commenced suits
against both to recover possession of it, and
had recovered judgments against them
Writs of habere Jaeias had been issued and
placed in the hands of an officer for execu-
ton, and they had refused, upon his request,
to quit the premises. Under these circum-
stances, one John n. Cousins made an agree
ment with the owne of the land to purchase
it, and he made an attempt, without success,
to induce them to leave it, offering them
some compensation. Failing to obtain posses
sion, Cousins caused an officer, with the writs,
to go to the farm with an armed posse, to re-
move them from it. The officer informed
them that he had such writs, and that it was
his duty to remove them from the land for
chilly, if they would not depart peaceably.-
They refused to leave or 20 permit him to en-
ter, and barred the doors and fastened the
windows. The officer directed his assistants
to break in at a door. The attempt was made
without success, and a gun was seen to be
there presented. He then directed his assist
ants to cut through the side of the house.
They did so, and after an opening had been
made, a gun was fired through il, and Cousins
was thereby killed.
The Jewels had insisted that they had ac-
CURED rights by their long-continued posses
sion, and that the judgment against them had
been improperly recovered.
A
Gentlemen of the Grand Jury You may
be called in the discharge of your official du-
ties to investigate the circumstances, under
which a fellow citizen has been killed, while
alleged to have been assisting an officer in
the discharge of his official duties. The oc-
casion therefore is not unsuitable, If it does
not require that the principles should be sta
ted, by which men should be governed, when
required By the laws of the country in which
they dwell, to do an act or refrain from doing
it.
Obedience to established law is the princi-
pie upon which alone our civil and religious
freedom can be maintained.
Much has recently been spoken and writ
ten respecting the duty of obedience to hui
man laws, and there has been much of vague
statement and of involved and of i~nconclu-
sive argument, affordiDg no very definite or
clear rules easy of comprehension by whole
people. and fitted for application to the com
mon concerns of life. And yet it is believed,
that men unlearned in the law and u%nquali-
fed for legal investigations or for intricate
and difficult processes of reasoning, were not
intended to be left without rules for their
government, which could be readily compre.
hended aud applied.
The offence alluded to, is reported to have
been committed while resisting the execu-
ton of a judgment rendered by a judicial
tribunal.
When a judgment is obtained by one per.
son against another by a regular and legal
course of judicial proceedings, and the per-
son, against whom it has been obtained, con-
siders it to have been Illegally or unjustly OBJ
tanned, he cannot be permitted to offer the
least resistance to the execution of it. If the
judgment has been obtained against him by
false testimony, or by any accident, negl.-
gence, or oversight on his own part. it is not
the less binding and operative upon him, I'm.
til he obtains relief from it in the manner
prcscrilsA by law and while it remains in
force, the least Resistance 20 its execution i,
unauthorized and illegal, and is liable to b,
punished in the same manner that it would
be if the Judgment had been rendered with
out the occurrence of any accident, neglect
or false testimony a.a
If this were not the rule of law and of du
ty, every man would be at liberty to resis
t the regular and constituted administratio
and execution of tie laws 10 do that whicl
, seemed right in his own eyes; and Their
would be no security for person or propert,
without resort TO an armed force. Our pre-
T sent form Of government could exist no lon
ger for any beneficial purpose.
A person may believe that an Act of tn
Legislature is unauthorized by the C%onstitu
ton of the State or of the United States
and the inquiry is presented, whether h
. should obey It. 1t will be his first duty to as
certain, if possible, whether there is goo
: reason to believe that his opinion is a CORE
y one. After obtaining the best information
within his power, should he continue to b
of the same opinion, he may assume the re
u sponsibility, disregard the enactment, an
abide the consequences. But he must nc
offer the least forcible resistance to the exc
4 cution Of the laWeesteemed to be unconstitr
tional, even when it acts directly upon h
own person or property, nor incite or encoul
d age others to do so. He must quietly perm
a it to to operate upon his person or propert
in the same manner as he should do if thel
were no doubt that it was a constitution
and valid enactment, and submit to its eflec
until by a regular course of legal proceeding
lie he can obtain the decision of a judicial II
bunal provided for that purpose, and thus,
m the act be decided to be unconstitutional, o.
: tain redress for any injury to his person, pro
erty or rights, oc~casioned by the enfol cemeI
ne of the un~constitutional enactment.
Of He may not under any circumstances, 7
NJ sort to force himself or incite others to do s
to prevent the execution of the law by a re
ular judgment or otherwise, by officers a
an pointed for that purpose, although it may
r nally prove to have been unconstitutional al
IN void.
\ To allow him to do so, would be to perm
~ every mar to be the final judge of the co
stitutionality and validity Of the laws, tod
Id turb the public peace by resisting them, al
A.. 1919. IsnorInr uinlnnnn al A. L.