The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1863-02-06
The Case of Mr.. Boileau.
Address Of Judge Ludlo,o on Political
Arrests.

Arrests.
The following is the address of Judge Lud-
low, of the Court of Quarter Sessions in Phil
adelphia, to the grand jury, in relation to the
arrest of Mr.. Boileau, proprietor and editor of
the Evening Journal, of that city:
Gentlemen of the Grand Jury has come
to my knowledge that, within the last twenty
four hours citizen of this Commonwealth and
of this county, has been suddenly arrested at
his residence in this city, and has been forcibly
carried, against his will, beyond the limits Of
this State and the jurisdiction of this court.
Such events have heretofore taken place. bui
as we have been anxious to support the United
G, qte., government in every way compatible with
a ,,ro,,er discharge of our duty, we were MOI
;nrI;ned 10 b,.Geve that those in authority would
attomnt 10 a, e,c ;se q power under al circrm-
stances ono,t;o,orle and delicate, when tempo
rary excitement had alven way to reason. and
a patriotic and believe, IN honest ucsire 'o
do great public duty had T, ,so-'ved lselt lnto
settled purpose to discharge thai a''y according Y
to law, and with al least decent IT, ,ooo' io'
the laws of this commonwealth and 70" ti1>' wa
siituted authorities of the State.
The time has arrived when we can no lon.er
hold our peace, when the obligations imposed
upon Us by our oaths OF eilice compel US at ev-
cry hazard to direct the grand jury to inquire
into and determine by whose order and by what
persons this arrest has been made, and il after
an impartial examination it shall appear that
any citizen has been forcibly abiacted from the
county, to inform the grand jury that it is their
duty to present the facts in the case to the court
wherein bills Of Indictment may be framed, and
the accused persons, if they have committed a
crime, be tried, and if guilty, be punished for
what in that event may become criminal act.
by the Constitution Of the United States,
Article VI Of the amendments, sin all criminal
prosecutions, the accused shall enjoy the righ.
10 Il speedy and public trial by ap impartial ja3y
Of tie STATE and district wherein the crime shall
have been committed, which disirics shal! haze
been previously ascertained by law; and to be
informed Of the nature and cause OF the accu-
Sation, to be confronted with the witnesses a.
gainst him, to have compulsory process 80 OBJ
tain witnesses i'll his favor, and to have the as
sistance Of counsel for his defense"
The Constitution Of this Commonwealth con-
tains the same provision, section " Of the Dee
laration of Rights, with this adlition:-"Nor
can he be deprived Of his life, liberty or prop
erty unless by the judgment Of bis peers or tAe
law of the land"
These in9stimablc rights ore thus guaranteed
to every citizen, by the Constitution not only Of
Pennsylvania, Iu also tg tie Constitution Of tie
United States.
You will see, gentlemen, that the Federal and
State governments provided for the trial OF those
charged with having committed cflences against
either, but the trainers Of these Constitutions
intended that the citizen should not be arrested
having an opportunity to defend himself.
1t may be supposed BY some that the oifense
of treason cannot be punished under The Com
stitution Of the United Sta.os except jy tie e.
eic;ss Of miat0ly p0I9er. Such, however, is noo
shoicoso, asrl that man is not enly Ignorant OF
the law, but must be Intentionally so. who holds
such doctrines, for the Constitution of the q.
States expressly declares: Article 8, Section 3,
That 'Trcason against the United States shall
consist enly in levying war against them OF ad-
herring TO their enemies, giving them aid and
comfort; 10 person shall be convicted of treason
unless on the testimony Of two witnesses to the
same overt act. or on confe Ssion in open court"
And many acts of Congress now in force de-
clare before what TRIBUNAL, and in what manner
such cases shall be tried
The Legislature of Pennsylvania has also pas
sed law which declares il to be HIGH misde-
moanor for any citizen to aid or assist ''any en-
eny IN o!ien war against this State or the Uni
ted Sta.cs' in the manner mentioned in the act;
and the oliense, if committed, may moreover
be pdnished "by solitary Imprisonment in the
per.Itcniiary, at hard labor, for term not cx-
c.eding ten years, and be fined in a sull not
exceeding five thousand dollars, or both, at the
Of the court" Act of 18th April,
1851, p, L., page 4O8.
You will thus observe that, under the con-
stitution and laws OF the United States and of
this State, a man who is in point of lay, u
traitor, or who aids in any material way the
enemy, may be punished, and that with great
severityi and, let me add, he ought thus to suf-
fer. Laws, then, exist which protect the gov
ernment Of the State and Of the nation against
the efforts Of those who attempt to destroy eli
thcr; these laws are amply sufficient to main |
tain the dignity Of our nation and State, unless
it may be within the limits ard in the imnedi- |
ate vicinity Of an army upon the field and adj |
Ut aJOtb W tuSulCc U6tiiiSi u IDStllG
force and in an enemy's country. Then, and
in that extreme case, necessity takes the place |
Of settled, well defined law, and the will OF the
becomes the rule of action.
AS laws then do exist, as the tribunals Of the |
u. States government and of the State are open.
ls magistrates abound at every corner of the
streets, and are known TO be loyal men-as
lnaca rnions in this corlntv and M imnandno
LANCER destroys the authority of law az duly
by the State courts, and lays its
lonor in the dust, by what right or pretended
light can the persons making this arrest, justify
t! Certainly not one upon the ground of ne
;essity, for no neces&y exists; and certainly
lot upon a pretended Executive power, for it
Ill be, and must be, admitted that that power
IAN only exist when the law is silent, and we
ave distinctly shown that by the constitution
If the United States, and the law of this State,