The record-union., 1894-07-11
FEDERAL GRAND JURY
Debs and Other Members of the a. r.
II. Indicted.

u. Indicted.
CHICAGO, July l0.-The Federal Grand
Jury returned indictments to-day. Debs
has been indicted and brought into court
under arrest.
In addition to the indictment of Debs
indictments were returned against
George Howard, Vice President. and W.
S. keliher, Secretary of the American
Railway Union. and Joseph Marvin.
charged with throwing a switch at Blue
Island.
When all the Grand Jurors had been
sworn they We're instructed as to their
duties by Judge Grosscup as follows:
"Genttemen Of the Grdaa Jury You
have been summoned here to inquire
whether any OF the laws of the United
States within this judicial district have
been violated. You have come into an
atmosphere and amid occurrences that
may we'll cause reasonable men to ques-
ton whether the laws of the United States
are yet supreme. Thanks 10 resolute
manhood and TO that enlightened intelli-
gence which perceiYes the necessity oi
vindication of the law before any other
adjustments are possible, the Government
OF the United States is still supreme.
on doubtless ieei / do, that the op-
porLunities OF lie under the present con-
ditions are not entirely equal, and that
changes are needed To forestall some OF
the dangerous tendencies Of current in
dustrial life But neither the torch of the
ineendiary, nor the weapons ofthe insur-
rectionists. nor the in1iamed tongue of
him who incites to fire and sword is the
instrument to begin at reforms. 10
the mind of the American, 10 the calm,
dispassionate, sympathetic judgment OF u
race that is not affected TO deep changes
and possibilities there has yet been no
appeal. Men who appear as the cham
pions of great questions must submit
them TO Observation-Disclosures that
reaches not simply the parties Interested,
but the under circles of society, aud must
be patient as we'll as perseyerlng, until
public Intelligence has been reached, and
u public Judgment made up. All appealto
force before that hour Is d crime not only
against the government of existing laws.
but against the cause itself, for what man
OF any intelligence suppoSes that any set
tIement will abide which is induced un
der the light of the torch or the shadow
of an overpowering threat.
with the questions behind present oc
currences, therefore, we have as minis
ters OF the law and citizens of the repub-
lie nothing TO do. The law must be vim
dicated before we turn aside To inquire
how law or practice as it ought 20 be, can
lnent by law is imperiled, and that issue
is paramount. The Government of the
United States has first TO protect itself
and its authority as a government, and
secondly, to protect its authority over
those agencies to which under the Con-
stitution and laws il extends govern
mental laws. For the former purpose,
namely, to protect itself and its authority
as government, it has enacted that
every person who entices, sets on foot,
assists or engages in any rebellion or in
surrection against the authority OF the
United States, or the laws thereof. or
gives aid or comfort therefor and and
two or more persons IN any State or Ter
ritory who conspire to overthrow, put
down or destroy by force the Govern
ment of the United States, or to levy war
against or to oppose by force the author
ity thereof, 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
contrary to authority, shall be visited
with certain penalties therein named.'
''Insurrection is rising against civil
or political authority; the open and active
opposition of q number of persons TO the
execution of law in a city or State.
Now, the laws OF the United States for
bid, under penalty, any persons from OBJ
structing or retarding the passage of
mails and make it the duty of the officers
TO arrest such offenders and bring them
before the court. If, therefore, it shall ap-
pear to you that any person or persons
have willfully obstructed or retarded the
mails, and that their attempted arrest for
such offense has. been opposed by such a
number of persons who would consti-
tute general uprising in that particular
locality, and as threatens for the time be-
ing the civil and political authority, then
the fact of an inSurrection within the
meaning of the law has been established,
and he who by speech, writing, promises
or other inducements assists in setting IL
on foot, or carrying it along, or gives it
aid or comfort, is guilty of violation of
law.
1T is not necessary that there should
be bloodshed; it is not necessary that it's
dimensions should be portentious as to
insure probable success to constitute an
insurrection. 1t is necessary, however.
that the rising should be in opposition to
the provision of the laws of the United
States, and should be SO formidable for
the time being as to defy the authority Of
the United States. When men gather to
resist the political or resist the civil power
of the United States, or to prevent execu-
ton of the laws, and in such force that
civil authorities are inadequate to put
them down, and considerable military
they become insurgents, and every per-
son who willingly incltes. aids or abets.
no matter what his motive may be. is
likewise an insurgent. This penalty is
severe, and, as | have said, is designed to
protect the Government and its authority
against direct attack. There are other
provisions of law designed to protect
these particular agencies which come
within governmental control. 10 these /
tlnxU cali y0tIr aftantiOn
1.-The mails are in the special keeping of
the Government and the laws of the
United States. To secure unhindered
transmission, it is made an offense to
knowingly and willfully obstruct the
passage OF the mail, or any carriage,
horse or carrier carrying the same' 1t
is also provided that il two or more per-
sons conspire together to commit any
offense against the United States, and
one or more of such parties do any act to
effect the object of conspiracy, all the par
ties thereto shall be subject TO a penalty.
ANY person wiIlfully or knowingly.doing
any act which contributes, or rs calcu-
lated TO contribute, TO obstructlng or him
dering mail service. who. willingly or
unwillingly, takes part in such act, no
matter how trivial, If Intentional, is
greatly in violation of the first OF the pro-
visions, and any person who conspires
with one or more other persons with
whom he subsequently, commits the
offense is likewise guilty of an offense
against the United States.
''What constitutes conspiracy to hinder
or obstruct the mails will be touched
upon in connection with the subject to
which / now call your attention. The
Constitution places the regulation of COM
merce between the several States and, be-
tween the States and foreign nations
within the keeping OF the United States
Government. Anything which Is de-
fr-ar