The diamond drill. (Crystal Falls, Iron County, Mich.) 1887-1996, 1894-07-14
DEBs IN DURANGO.
Judge Grossoups Instructions TO
the Special Grand Jury.
Charges of Conspiracy and IncItInK "a
Insurrection Preferred Against
American Railway Union
Leaders.

lOth, Tor the purpose or investigating
the charges OF melting to instruction
and of conspiracy that have been
brought against President Debs. OF the
American Railway union, and the Off
GERS directors, organizers and all who
have, by word or action, interfered
with the transportation OF the govern
ment mail and interstate commerce
law In his instructions To the jury
Judge Grosscup said:
"In your deliberations, gentlemen OF the
jury, sixteen OF your number will constitute q
quorum. grand jury can consist OF any
number from sixteen 70 twenty-three, not
less than sixteen. You will elect after YOU
retire, somebody 70 net as your clerk You
will have tho attendance OF tho district
attorney and such other officers OF the
government as may have been designated
fcf that purpose You will have the right 20
sent for witnesses and for papers and for
books You viii have the right TO inquire OF
the government and OF counsel what their
conception OF tho law OF any given state OF
facts IN. and n you are not satisfied with that
you will have the right 70 present such Ques-
lions directly 70 the court Your deliberations
should be conducted In secret. No grand juror
should allow the secrets or the jury room 10
escape either from the jury room OF from his
breast the newspaper fraternity Is very en-.
tcrprisng and is force In modern life that is
OF great usefulness, amusement and pleasure
20 the citizens, but you should not allow the
newspapers nor anybody else 70 obtain In
formation OF what n going on In your room
until the work n completed and you have made
formal report TO the court. Any violation OF
this duty viii be violation OF the obligation
which you have taken.
Il have regarded the occasion that has sum
moned you here as OF sufficient consequence
for me 10 incorporate what have 20 say toyou
IN writing. / may add, what you probably
know that IL will require the Affirmative vote
OF twelve OF your number before you can ind
an Indictment
The Purpose of tho Inquisltion.
you have been summoned here 10 inquire
whether any OF the laws OF the United states
within this Judicial district have been violated.
You have come In an atmosphere and amid oc-
currcnccs that may well cause reasonable mentO
question whether the government ana laws Of
the United states are yet supreme. Thanks 70
rcSoutc manhood and 10 that enlightened In
tellRcncc which perceyes tho necessity OF vim
dicatlon OF law before any other adjustments
are possible. the government Of the United
States Is supreme.
You doubtless feel. as l do, that the oppor-
tuniiies OF life ia the present conditions. are
not perhaps entirely equal, and that changes
arc needed to forcstal some OF the tendencies
OF current Industrial life: but neither the torch
OF the inccndiary, nor the weapon OF the insure
roctlonlst, nor the innamed tongue OF
him who iucites 20 fire and the sword
is the instrument 90 bring about reforms.
To the mind OF the American people.
90 the calm, dispassionate, sympathetic iudg-
mcnt OF race that Is not afraid 10 face deep
changes aud responsibilities there has AS yet
been no adequate appeal Men who appear as
the advocates OF great changes must first sub
nit them 10 discussion. discussion that reaches
not simply the parties Interested but tho wider
circle OF society and must be patient as
well rs perscvcring. until the public intelli-
gcncc has been reached ana the public Judg
mcnt made up. An appeal TO force before that
hour isa crime not only against tho govern
ment OF existing laws. but against the cause
itself for what man OF any Intelligence sup
poses that any settlement will abide which is
induced under the light Of the torch or the
shadow ~ an oyerpowering threat
with the questions behind present occur
rences. therefore, we have. as ministers OF the
law and citizens Of the republic, nothing now
90 do The law IL is must first be yindi-
Gated before We turn aside TO inquire how the
law or practice as IL ought 10 be can be eject
ually brought about. Government q law Is In
peril and that issue Is paramount
what the Law Terms Insurrcction.
THE government OF the United States has
enacted laws designed. FIRST, 70 protect Itself
and It's authority rs government; and sec
ond. 20 protect rs authority over those agencies
20 which under the constitution ana avs, IL
extends governmental regulations. For the
former purpose, namely. 20 protect itself and
its authority as a government. IL has enacted
that every person who enticcs sets on foot
assists or engages In any rebellion or insurroc-
ton against the authorities OF the United
States or the laws thereof or who gives aid or
comfort thereto. ana any two or more persons
in any state or territory who conspirc 90 over
throw. put down, or destroy by force the gov
ernmout OF the United states. or Co levy war
against IL or 10 oppose by force the authority
thereof, or by force TO prevent. hinder or delay
the execution OF any law Of the United states
or by force % seize. take or possess my prop
erty o. the United States. contrary 20 tho
authority thereof shall be visited with cer-
tain severe penalties named therein,
"Insurrcction IS ~ rising against civil or po-
ltical authority. the open and active oppose
tion OF a number of persons 20 the execution 81
law In q city or state The laws OF the United
States forbid. under penalty, COY person from
obstructing or rotarding the passage of the
mail. and make n the duty Of the oiiiccrs 20 arr
. rest such Offenders and bring IA m before the
court II o cforo, Il shall appear 10 you that
any person q. persons have willfully ohstruct-
ed or retarded the mails. and that their at
tempted arrest for such oIenso has bccn OPP
posed by such number OF persons as would
constitute a general uprising Ia that particular
locality. and as threatens for the timo being
tho civil and political authority. then the fact
OF an iusurICetica within the meaning OF the
law has been establishes and he who by
speech writing promise. or other inducements,
assists IN setting II foot. or carrying Il
along on gives Il aid or comfort, Is guilty also
OF a violation 81 law.
when Men Become insurgents.
1T IS not necessary that there should he
blood shed 10 r. MT necessary that It's dmen-
sions should be portentou~ as 10 insure
probable success 20 constitute an insurrccticn
IL II necessary that the rising should be IN op-
position To the execution OF the laws Of the
United states md should be- ~ formidable rs
for the time being 20 defy the authority ~ the
United states. When mon gather 20 resist H.
civil or political power ~ tho Uuitcd states, O.
10 oppose tho execution OF its laws. and are ia
such force that the eiyil autborl,1es are mad
couate TO put thcin down, and "a ronsidernb.
military force Is needed Co accomplish that re-
suit. they become insurgents, and every per-
son who knowingly incitos aids or abctS them
no matter what his motive may be- Il likewise
an insurrcnt This penalty IS severe. and as ]
have said rs designed 20 prctsct the govern
mcnt and fits authority ugainst direct attach
Laws to Protect the Mails.
There are other provisiOh- ~ the law de-
signed % protect those particular agencies
which come within governmental control To
4 rsrfIf call