These are embraced in the act of Congress, on
the 30th of Sept., 1790, Ch. 9, Sec. 22, on the
subject of obstructing or resisting the service of
legal process,—the act of the 2d of
March, 1831, Chap. 99, Sec. 2, which secures the
jurors, witnesses, and officers of our Courts in
the fearless, free, and impartial administration of
their respective functions,—and the
act of the 18th of September, 1850, Ch. 60, which
relates more particularly to the rescue, or attempted
rescue of a fugitive from labor. These Acts were
made the subject of a charge to the Grand Jury
of this Court in November last, of which I shall
direct a copy to be laid before you; and I do
not deem it necessary to repeat their provisions at
this time.
Gentlemen of the Grand Jury: You
are about to enter upon a most grave and momentous
duty. You will be careful in performing it, not
to permit your indignation against crime, or your just
appreciation of its perilous consequences, to influence
your judgment of the guilt of those who may be
charged before you with its commission. But
you will be careful, also, that no misguided charity
shall persuade you to withhold the guilty from the
retributions of justice. You will inquire whether
an offence has been committed, what was its legal
character, and who were the offenders,—and
this done, and this only, you will make your presentments
according to the evidence and the law. Your inquiries
will not be restricted to the conduct of the people
belonging to our own State. If in the progress
of them, you shall find, that men have been among
us, who, under whatever mask of conscience or
of peace, have labored to incite others to treasonable
violence, and who, after arranging the elements of
the mischief, have withdrawn themselves to await
the explosion they had contrived, you will feel
yourselves bound to present the fact to the Court,—and
however distant may be the place in which the
offenders may have sought refuge, we give you the
pledge of the law, that its far-reaching energies
shall be exerted to bring them up for trial,—if
guilty, to punishment. The offence of treason
is not triable in this Court; but by an act of
Congress, passed on the 8th of August, 1845, Chap.
98, it is made lawful for the Grand Jury, empanelled
and sworn in the District Court, to take cognizance
of all the indictments for crimes against the
United States within the jurisdiction of either
of the Federal Courts of the District. There being
no Grand Jury in attendance at this time in the
Circuit Court, to pass upon the accusations I
have referred to in the first instance, it has
fallen to my lot to assume the responsible office
of expounding to you the law in regard to them.
I have the satisfaction of knowing, that if the
views I have expressed are in any respect erroneous,
they must undergo the revision of my learned brother
of the Supreme Court, who presides in this Circuit,
before they can operate to the serious prejudice of
any one; and that if they are doubtful even, provision
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