Year: 1863

years. The extent of the penalty which


should be imposed, has been a subject o


anxious delibera:ion with the Court For


;unateiy for the country, ss we'll as for your


selves, your efforts 10 rescue the prisoner


were unsuccessful That lif. WAS not sac


rifced, or blood shed in the contest whicl


you sought. should be subject of gratifi


cation to you: for although the criminal in


tent, of which you have been convicted, i
not thereby lessened. the consequen ces hav'
/ been much less disastrous than they nigh
/ have been.


The object of a wise administration o
the law should be to prevent the commission
Of crime and to reform rather than vindic


lively punish offenders. Vindictive punish


ments very frequently defeat the object fol


which punishmentis is imposed. If the Cour


should inflict upon you such punishment


As would bring ruin and disgrace upon youl


families, and render you outcasts from soci
ETY.. it may well be doubted whether the au


thority of the law would be more fully vim
dicated, than it would be by . more lenient
punishment. which shall leave you in a con.
dlsion to discharge the duties that, IS citizens.
you owe to your country.


Your trial presents the FIRST case which


has been tried in the courts of this district
and, SO far as know, in those Of any 9TH
er district. for violation of the act of Con.
gress under which you have been indicted


Ii may be we'll to exercise more leniency,
in applying the penalties of the law upon
the first conviction than would be proper in
subsequent prosecutions. The chief objec,
to be attained by the prosecution, should be
to vindicate the law, and establish the au-
thority aud power Of courts to execute it,
Extreme penalties are not at all times neces-
sary to effect this object. Your conviction
will teach the country the important lesson.
that those who combine and conspire to re-
sist the authority of the Government and
prevent the execution of the laws, will be
held responsible and that secret organize
tions and self'imposed oaths of secrecy and
protestation. cannot shield them from the
penalties which the laws impose.


The public mind is greatly excited BY
events growing out of the insurrection which
unhsppiy affects the country. and threatens
the integrity of the Union. This excite
ment has doubtless induced false views of
the object of the Government. and of the
duties OF the citizen. The Court is not in
sensible to the fact that your conduit may
have been prompted by sudden inpulse
creat-d by such views. rather than by de-
l.berate purpose to set at defiance the laws
A portion of the evidence tends to prove
that such was the case, and that some Of you
expressed regret for yoNr conduct. a be
liei on the part of the Court that YOU are
disposed hereafter to discharge your duties
as cit zens. has had much influence in de-
termining the extent OF your punishment.
Buv the Judgment of the Court in the case
must not be REGARDED as a precedent in fu-
tnre cases. If violation of the law shall be
persisted in it may be necessary to resort
to the most extreme penalties.


The judgment of the Court is that you
each pay a fine of FIVE hundied dollars, and
that you remain in the custody Of the Mar
'hal until the fine be paid or rep;evied.