Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 3 (of 16)United States. Congress
History
Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 3 (of 16)
United States. Congress
Law -- United States; United States -- Politics and government
The trial of Mitchell which I have just quoted took place in 1795, and
in 1798 the subject was taken up by Congress, who, by the act of the
14th of July, 1798, provided that the resistance to the execution of a
law should be considered a high misdemeanor only, punishable by fine and
imprisonment. The act is in these words: “If any persons shall unlawfully
combine or conspire together, with intent to oppose any measure or
measures of the Government of the United States which are, or may be
directed by proper authority, or to impede the operation of any law of
the United States, or to intimidate or prevent any person holding a
place or office in or under the Government of the United States, from
undertaking, performing, or executing his trust or duty, he or they
shall be deemed guilty of a high misdemeanor, and on conviction before
any court of the United States having jurisdiction thereof, shall be
punished by a fine not exceeding $5,000 and by imprisonment during a
term not less than six months nor exceeding five years.” Here, sir, the
resistance to the execution of a law is declared to be a high misdemeanor
only, punishable by fine and imprisonment. Fries was tried in 1800,
two years after the passage of this law. The offence of which he had
been guilty was rescuing prisoners from the marshal by force, thereby,
in the language of the act, “preventing an officer of the United States
from performing and executing his duty,” and it was to show that he was
punishable under this act by fine and imprisonment only, that his counsel
were desirous of bringing the law before the jury. This, however, the
court refused; the man was convicted of high treason, and was sentenced
to a most ignominious death. Let such conduct be vindicated where and by
whom it may, I must declare that it can never meet my approbation.
Mr. DANA.--It is to be regretted, Mr. Speaker, that a resolution so
novel and of so much importance as that on the table was not postponed,
at least for one day after it was presented to the House. Had this been
done, gentlemen might have had some opportunity deliberately to examine
the subject, before they were required to make a decision. But as the
resolution was moved without giving any previous notice, and has been
pressed upon us immediately after it was moved, I do not feel myself
prepared, as I could have wished to be on such a question, before
attempting to deliver my sentiments in this House. Unprepared, however,
as I am, I request your indulgence while I offer a few remarks.
Public-domain text, read in full here on John Shaqi.
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