The Labor enquirer., 1886-09-04

sees fit, even to a prohibition of the as.
sembly, whenever in the opinion of the
government such assembly threatens the
authority of the government. Yet our
forefathers assembled for that special
purpose AMI made this special provision
to enable US to do the same whenever
we deemed it necessary. They were
careful to declare distinctly in the start
that the people had right, and in fact
it was their duty, to alter or abolish
their government, or throw off its au-
thority whenever they deem it advisable
to do 80. They knew that when they
discussed the advisability of throwing
off the authority of their government,
and especially when they advocated
armed resistance to it, they were con-
demned for treason, and when they came
to establish government for themselves
they were careful to provide that no
man should be punished for treason
until he had actually committed an
overt act. They wisely held all govern
ments in suspicion and considered tn EN-
and all their minor parts continually
prone to corruption and usurpatlon and
they believed and distinctly declared
that the people we're more inclined to
suffer wrongs at the hand of. their gov
ernments than to rise up and resist
them, and the acted on this principle,
insuring to the people every safeguard
government that was consistent with
the existence of them both. They
wisely saw that the government must
have power to punish 'overt acts"
against its authority or it could not
stand against even small minority of
the people. They also saw that even a
great majority of the people could not
abolish a government, however injuri.
ons to them it might be if they could Lot
first discuss and recommend its over
throw,
They also saw that if the people had
right to openly recommend and advise
| the abolition, resistance or overthrow of
a government they would be in less
danger of having to carry it out before
obtaining their rights, and this is why
they were careful TO provide that preach
ing resistance to the government should
not be punished, and Is the meaning of
the clause that provides tn 1t only 'overt
acts" should be punished. The cunning
ness of the government authorities in
adopting the word "conspiraCy", instead
Of using the word treason" Is only a
legal trick for the purpose of lodging
the careful restrictions LAID down in the
constitution
When men conspire together to over
throw or resist bv armed force the police
or militia they are COnspirlng together
to commit treason, and the constitution
expressly provides that none shall be
punished except those who commit
covert acts" Judge Gary knows rs well
as he knows his name that no man can
be accessory before the fact to the crime
of treason, in this country, by anything
he can say or write, vet these men were
boldly tried and condemned for publicly
preaching armed resistance to the civil
authorities.
Judge Gary also we'll kn VS. that those
men could nel er have been put to trial
on the charge of murder, because the
state had no evidence whatever that
| either of them threw the bomb. The
law of murder strictly provides that the
,Nman who threw the bomb must first be
tried and convicted, and it must als) be
proved that he threw the bomb because
he was advised to do so by these men,
even to be put to trial a. accessories, for
| if the man threw the bomb of his own
will and without advice or assistance
from any one e'se, no one else can be
punished
This is Just and sensible law and
Judge Gary knew if these men were
tried by this law it would clearly appear
that they were innocent, and knew
nothing about who threw the bomb. AS
these men were not guilty of murder, as
principals or accessory before the fact,
| l. = &c mi
any covert act" of treason, and therefore
had violated no law whatever, they
were simply tried in open and direct vi
olation of all law.
Our foref lthers not only distinctly de-
clared that the people had a right to
abolish or throw off the authority of
government, but in addition the pro-
visions they carefully inserted in the
constitution declaring that "the right of
the people to assemble and discuss their
grievances shall not be abridged" and
only covert acts against the govern ment
shall be punished" but thsy also added
that the covert act" must be proved by
two or more witnesses to the act.
They also provided that "the freedom
of speech and of the press shall not be
restricted" and the peoples right to
keep and bear arms shall not be in
frlneed." They wisely concluded that
if these strong safeguards were respected
the people could not safely be imposed
upon by the government or any minor
branch or menial officer Of the govern
ment. From the day the constitution