Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1863-06-18
From the New York Tribune.
Judge Dayiss Charge.

10 us sluSSlSuucSS III tnt ueclaratOn OF It's
duties from so respectable and eminenty
conservative a tribunal as the Supreme
Court OF the United States. The neces-
sity and nature of obedience TO law are
pretty clearly set forth IN the charge of
Judge Davis to the Grand Jury of the
Circuit Court Tor the Southern District of
Illinois, and the charge has been printed
by request of the Jury to which it was al
dressed Obedience" says the Judge,
should not be reluctantly but freely rem
drred. We owe allegiance to the Govern
ment for the privileges enjoyed, and when,
for the first time in our history, that allie
giance has thrown any burdens upon us,
shall we not bear them cheerfully, and
show ourselves worthy Of the sacrifice
made for US, and the priceless inheritance
bequeathed TO lis !" This doctrine of al
leglance, it may be noticed, is materially
different from the opinion not long sirGe
delivered by Mr.. Fernando Wood. that
such words as loyalty and allegiance were
monarchial and obsolete. 1t is not, how
ever, the first time in which Mr.. Wood has
found himself in opposition to a tribunal
of criminal jurisdiction, and it is possible
that the fact of the delivery of this charge
to a Grand Jury may prejudice the hero
OF the Marvine case against its reception,
and harden his heart against improvement.
Judge Davis proceeds to say
obedience to law means more than
mere determination not to make open re-
sistance. A hearty acquiescence in the
law until it is repealed, or judicially de-
clared of no effect, is required, alike by
common patriotism and common interests.
We seek to establish the supremacy of the
government, and to compel the unqualified
submission Of the rebels to the laws. How
can we ask them to submit, if we do not
ourselves render willing obedience 3
We may, and will differ, IN any great war,
on the right manner of conducting it, and
the wisdom of the policy pursued, but no
man, who is not a traitor at heart, will
ever suffer that difference to lead him by
speech or writing, to counsel resistance to
law
From such sound premises as these it is
easy to argue that those who oppose t 10
authority of the law must be punished,
and that the duty to punish falls on the
government not less lmperatively than the
| duty OF obedience upon the citizen. With
direct reference to different manifestations
and threats of disloyalty within his jurs-
dlction, Judge Davis addresses the Grand
Jury upon the subject OF desertion, of re-
sistance to the draft, of conspiracies and
secret organizations to oppose the enforce
ment of law, of frauds upon the govern
ment, and of treason, its nature, and the
proof by which COW ction of the crime
can be legally obtained. Upon each of
| fence the language of the Court is solemn
and explicit, adapted equally to impress
itself upon the Grand Jury in the discharge
of their duties, and upon the people among
whom it has been widely calculated. The
agents Of rebellion who are seeking in this
| city and elsewhere to organize an opposi-
ton to the approaching draft will do well
to ponder the following weighty sentences:
Misguided men who oppose the au-
thorty of law must be punished. Their
| punishment is due as an example to deter
others. Not to PUNISH them argues great
weakness, and is really a crime against
society and good order. He who q this
period resists the law himself, or induces
others TO do so, is dangerous enemy to
| his country.
Congress, in order to strength
en- the armies of the United States, has
passed an act for enrolling and calling out
the national forces. the law is severe
one, as all laws of the kind are. The
Jaw was not made wantonly, but in a great
crisis, to meet great evil. The country
is entitled TO the services of all her citi-
zens when needed, and if not voluntarily
given, compulsory means must be used to
obtain them.
And, when the draft is ordered, if any
person shall be SO abandoned as to resist,
or cousel or aid any person to resist it, or
snail assault or obstruct any officer in the
performance of any service connected with
it or shall counsel any one to assault or
oppose such officer or shall advise drafted
men not to go; or shall willfully persuade
them frem the performance of their m',,,.
ry duty under the law, such no,.o, l. sub.
lect to be heavily fined apti ;mnrlsone ),
Immediately connected with the same
subject ae the declarations concerning Sc
cret organizations, against which this pat
rlotic magistrate utters his warning, with
unmlstakable earnestness of purpose and
directness OF speech.
" Conspiracies or combinations Of men
to obstruct the execution of the law are
mschievous IN proporti n TO the number
engaged. They are generally concealed
for those en- listed in them are aware that
their undertaking is unlawful, and will not
bear exposure. Such combinations are
dangerous TO civil liberty in a time of pro-
found peace, and pre-eminently soin ter
rible war, when the government needs the
sympathy, kind Offices, and co operation
of all citizens.
1t is charged that there are secret orga-
nizations in some of the States of this Un-
ion, with grips, signs and passwords,
having for their objects resistance to law
and the overthrow of the government.
1t is hard to conceive of so great de-
I pravity and wickedness but if such or
/ ganiza ions do exist, they should be speed
! lily overthrown, if we would avoid future
| trouble and calamity. II anywhere in
: this state bad men have combined togeth-