Year: 1870

From the Nashville Banner.


A case was tried before Judge Trigg
in the Federal Court, day or two
since, in which the defendant was
charged with having hindered and
ObstTucted a revenue officer in exam
ining the books which the act of Con-
gress required the defendant, as a dis
tiiler, to keep always open to the in
spectiOn of all revenue officers. The
defense was rested upon the ground
that, ,in making the demand, or while
the defendant was in the act of COM
plying with the demand, by showing
the books, the officer INDUCED in such
abusive and insulting conduct toward
the defendant as to i-ritate and offend
him, and that the defendants refusal
TO show his books did not proceed
from any desire to evade or defraud
the revenue law, but was occasiOned
by a natural resentment to the insO-
lent and tyrannical conduct Of the
officer.


His Honor charged the jury that it
Was the duty Of every officer of the
United States, from the President
down to the most insignificant Off
cial, 10 represent the Government not
only in its power, bat also in its mer-
cy, its humanity and its gentleness.
That laws were not intended for the
oppression and ruin of the people,
nor their execution to be madea cloak
Tor insult and abuse. That while some
laws appeared to be severe in their
demands upon the people, they had
their excuse in the necessities of the
nation, and as they were uniform in
their operations, they were neither
unjust nor oppressive, and it was alike
the duty of the citizens TO obey and
the officers 10 enforce them. But
when called on to enforce them, it
was the duty of the officer to act to-
ward the citizen in the same spirit
with which the Government was ac-
tuated in passing the lava spirit Of
firmness, but also OF kindness and hu-
manity.


That the Government, in all its
power aud majesty, was nevertheless,
benignant and gentle toward its citi-
zens, and he could think Of no
type to which this Government, as he
esteemed il, could be so well compared
as to that of a high-tOned, Well-bred
gentleman. That, not only was it a
matter of principle, but it was also the
policy of the Government that its ben
eficent laws should not be rendered
OdiOus TO its citizens by an insOleht
and tyrannical execution of them.
That it was = grave error for an officer
10 suppose that, because he is clothed
with little brief authority he has the
right to hector and bully over every
citizen that the law placed in his
power, or that, in making his de-
mands upon the citizen, he has the
right to couple il with such abusive
and insOlent conduct as to provoke
the citizen into a disObedience of the
law, and thus furnish the ground for
violation of law, which his own
tyraRnieal course had OccasiOned.


And therefore it is, that the mo-
ment an officer so far fOrgets himself /
as to treat a citizen in a brutal, hec- |
toring manner, he disgraces the po- |
sitiOn he holds, and fOrteits all claim 4
20 obedience or respect. A demand /
made in an abusive, insulting man /
ner is not A legal demand; the citizen /
is not bound to obey it, and cannot be |
punished for refusing to obey it.


We do not pretend to give the en-
tire charge Of his Honor, nor to do |
Justice to that part of it which we
have referred to above, but we were /
50 fGrcibly impressed with the good /
sense and Justice of the charge that /
we determined to allude TO ii, with |
the hope that it may have its proper |
weight with those who have been |
placed in power over Us.