Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1863-06-15

the CONSUMPTION Inv aud 20 officers aud soldiers en-
gaged in arresting deSerters from the army, in
which blood has been shed and murder commit
ted: and
These acts OF resistance to the Gov
eminent are high crimes, and fraught with great
danger to the public peace. and TO the honor of
the State. l deem it my duty to s0lemRly tcora
All persons against resistance TO the Government
in any form or hindering or obstructing any Off
Ger thereof in the performance of his duties And
for the better of such as have not
convenient access TO the penal statutes enacted by
the Federal and State Governments and now in
force, | herein set forth certain sections coutain-
ed in said statutes.
The act of Congress passed July 81. 1861, reads
as follows:
AN ACT TO DEFINE AND PUNISH CERTAIN c0SsPiR
AcIKs.
Be IL enacted by the Senate and House of Rep
resentatiues Of the United States of America in
Congress Assembled. That if two or more per-
sons within any State OF Territory of the United
States, shall c~onspire together to overthrow. or to
put down, or to destroy by force the Government
of the United States. or to levy war against the
United States, or tn oppose bv force the authori
ty of the Government of the United States. or by
force to prevent. hinder or delay the execution OF
any law of the United States, or by force TO
seize, take or possess any property OF the United
States against the will or contrary to the authori
ty of the United States; OF by any force. or in
timidation, or threat to prevent any person from
accepting or holding any Office or trust or place
of confidence under the United States. each and
every person so offending shall be guilty of a
high crime, and upon conviction thereof in anv
District or Circuit Court of the United States
having jurisdiction thereof, or District or Su-
preme Court of any Territory of the United
States having jurisdiction thereof. shall be pun
ished by a fine not less than five hundred dollars
and not more than FIVE thousand dollars, orby i'm
p~risonment with or without hard labor, as the
Court shall determine, for a period not less than
six months nor greater than six years, or by both
such fine and imprisonment.
ANY combination, agreement or understanding
forcibly to prevent. hinder or delay the execution
of anv law Of the United States is by this act made
a penal offense. although such combination.
agreement or understanding had not been carried
into execution, and clearly covers the case of
disloyal societies. which are known to exist IN
several parts of the State.
The 9th and 25th sections Of the conscription
act, approved March 3, 1863, read as follows:
Section "a. And be il further enacted. That
every person not subject to the rules and articles
of war. who shall procure or entice. or attempt
to procure or entice. n soldier in the service of
the United States to desert. or who shall harbor.
conceal or give employment to a deserter, or car
~ him away, or aid ia carrying him away, know
ing him to he such: or who shall purchase from
any soldier his arms, equipments. ammunition. uni
form, clothing, or any part thereof; and any
Captain or commanding officer of any ship or
vessel, or any Superintendent or Conductor Of
any railroad, or any other public conveyance.
carving away any such soldier "a one OF his
crew or otherwise. knowing him to have deserted
or shall refuse TO deliver him up to the orders of
his commanding officer. shall, upon legal convic-
ton, be fined, at the discretion of any court hav-
ing cognizance Of the same, in any sum not ex
ceeding FIVE hundred dollars, and he shall be i'm
prisoned not exceeding two years nor less than
six months.
Section 25. And be it further enacted. That
If any person shall resist any draft of men en-
rolled under this act into tile service of the
United States, or shall counsel or aid any person
10 resist anv such draft: or shall assault or Ob
struct anv officer in making such draft. or in the
performance of any service in relation thereto; or
shall counsel any person to assault or obstruct
any such officer. or shall counsel any drafted
men not to appear At the place of rendezvous. or
%wilfully dissuade them from the performance of
military duty as required by law. such person
shall be subject tn summary arrest bv the Provost
Marshal, and shall he forthwith delivered to the
civil authorities. AMI upon conviction thereof. be
punished BY a fine not exceeding FIVE hundred
dollars, or by imprisonment not exceeding two
years, or by both Of said punishments.
These sections are verybroad, and cover every
form of opposition to the arrest of deserters and
the enforcement of the CONSUMPTION law.
BY the 25th section, II IS made a high penal Of
tense to counsel, or aid, any person to resist the
draft; to counsel any person to assault. ohstruct.
or hinder any officer engaged in making The
draft; to-counsel any drafted man not to appear
at the place OF rendezvous. or wilfully dissuade
him from the performance of military duty as
required by law. To bring a case within this
section, il is not necessary that there should be a
conspiracy, or combination.
If one man shall give to another the counsel
or advice prohibited in the section, he is subject
to the punishment it prescribes. Nor is it mate
rial how he shall give this counsel or advice:
whether by public speaking, publishing in pam
phlets, or newspapers. or by private conversation.
Nor is it material that such counsel or advice
shall be direct and in terms. The law holds a
man responsible for the natural and legitimate
consequences of his acts; so also for the natural
and legitimate effects of what he may say. IL
what he speaks. OF publishes. is naturally and
reasonably circulated to excite the hatred Of men
against our Government: and resistance TO the
conscripiion law, he is within the purview Of the
section, although in the conclusion, he might in
sert a saving clause, by formally declaring that
the law must be obeyed and no resistance offered
to the Government. IN such a case, the law will
look to the spirit and reasonable effect of what is
said. and not to the mere words employed.
Its within my knowledge that public speakers
and editors have presented to their hearers and
readers every statement, argument aud motive
that could excite them to hatred of the Govern
ment and resistance TO the laws, but for their own
protection have interlarded their discourses with
set phrases that there must be no violence. or
resistance to the laws. Such men are cowardly
and treacherous, as they exhOrt others to do what
they are unwilling to do themselves. and seek to
put their advice i'm 4 form for which they will
not be held responsible. The suhterfuge will not
avail against the provisions of the section | am
considering.
The Legislature of Indiana Mt the extra session
in 1861, passed "An Act to define certain felonies
and provide for the punishment of persons guilty
thereof" approved May 9th
The LIST section OF that act reads as follows:
SECTION L. Be IL enacted By the General As
senbly of the StaOe of Indiana. That any person
or persons belonging to or residing within this
State, or under the protection of its laws. who
shall take or accept a commission or commissions
from any person or persons, State or States. or
other enemies of this State, or of the United
States, for the purpose of joining or commanding
any army or band Of men hostile to. or in rebel
lion against this State. or the United States. or
who shall, knowingly and %wilifuily hid or assist
any enemies in open war, or persons in rebellion
against this State or The United States. by join
ing their armies, OF by enlisting, or procuring. or
persuading others 20 enlist for that purpose. or by
such enemies or persons in rebellion
with arms or ammunition. or provisions. or any
other article for their aid or comfort, or bv ship
ping. sending. or carrying to such enemies or
rebels. or their agents, any arms. ammunition. or
or other articles for their aid or
comfort. or by carrying on a traitorous cores
pOndence with them. or shall form, or BE- in anu
mise concerned in forming amy combination or
or eonspiracies for bsfrayin9 this State. or the