The morning call., 1894-07-11

under tho light Of the torch or the snado"
of an overpowering threat?
with the questions behind the present
occurrences, therefore, we have as minis
ters Of he law and citizens of the republic
nothing to do. The law must be Vlnnl-
Gated before we turn aside to inquire now
law or practice as it ought to De can DO
effectually brought about Governments
by law Is imperiled and that issue IS para
mount. The Government of the United
States has nrst to protect itself ana us
authority as a Government, and, secondly
10 protect its authority over those agen-
cies to which, under the constitution anu
laws, it extends governmental laws.
For the former purpose-namely, to
protect itself and its authority as Gov
ernment-it has enacted that every per-
son who entices, sets on foot, assists or
engages in any rebellion or insurrectlon
against the authority IF the United States
or the laws thereof, or gives aid or
comfort thereto; and two or more
persons in any State or Territory who con-
spire TO overthrow, put down or destroy
by force the Government of the United
States or 10 levy war against or to oppose
by force the authority thereof. or by force
TO prevent, UInutI VI ucldg buS CAFCuIlOu
of any law of the United States. or by
force to seize, take or possess any prop
erty of the United States, contrary to
authority, shall be visited with certain PEN
alties therein named.
"InsurrectiOn is the arising against civil
or political authority of the open and
active opposition Of a number of persons
to the execution OF law in a city or State.
Now the laws of the United States
forbid, under penalty, any persons from
obstructing or retardiUg the passage Of the
mails and make 1t the duty of the officers
TO arrest such offenders and bring them
before the court. If, therefore, it shall APP
pear 10 you that any person or persons
have willfully INSTRUCTED or retarded the
mails and that their attempted arrest for
such offense has been opposed by such
number of persons as would constitute
general uprising in that particular locality
and as threatens for the time being 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 1t on foot,
or carrying 1t along, or gives 1t ala or
comfort is guilty of a violation of law.
at is not necessary that there should
be bloodshed, it is not necessary that its
dimensions should be so pOrtentous az to
insure probable success to constitute an
nsurreetion. 1t is necessary, however.
that the rising should be in opposition to
the provisions Of the laws of the United
States and should be so formidable for the
time being as to defy the authority of the
or M OQtHar
sist the political or resist the civil power
of the United States, or to prevent the
execution Of the laws, and in such force
that the civil authorities are inadequate to
put them down and a considerable mill
tary force is needed TO accomplish that
result. they become insurgents, and every
person who willingly incites. aids or abets.
no matter what his motives 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 de-
signed to protect these particular agencies
which come within governmental control.
To these l will now call your attention.
The mails are in the special keeping Of
the Government and the laws of the
United States. To secure unhindered
transmission il is made an offenae to
knowingly and willfully obstruct the
passage of the mail or any carriage. horse
or carrier carrying the same
1T is also provided that if two or more
persons conspire together to commit any
offense against the United States. and one
or more OF such parties 10 any act to eff
tect the object of the conspiracy. all the
parties thereto shall be subject to a
penalty. Any person willfully or know
ingly doing any act which contributes or
is calculated 10 contribute TO obstructing
or hindering mail service, or who will
ingly takes part in such act, no matter
how trivial, if intentional, is violating the
first of the provisions, and any person who
conspires with one or more other persons,
one of whom 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 l
now call your attention. The constitution
places the regulation of commerce between
the several States. and between the States
and foreign nations. within the keeping of
the United States Government. Anything
which is designed to be transported for
commercial purposes from ons State to
another and is actually in transit, and any
passenger who is actually engaged in any
such Interstate commercial transaction.
aud any car or carriage actually transport
ing or engaged in transporting such pas
senger are agencies and subject-matter of
interstate commerce, and any conspiracy
=,
an offense against the United States. To
restrain is to prohibit. limit, confine or
abrdge a thing. The restraint may be
permanent or temporary; it may be in
tended to prohibit, Init or abridge for all
time or for a day only.
1.-The law draws no distinction in this
respect. Commerce of this character is
intended to be free, except when subject