"
7 " Josiah Peterson, Duxbury.
8 " James Curtis, "
9 Not Sworn. William Amory, Boston, Excused first day.
Member of the bar.
10 Sworn. James P. Bush, " Absent June 28th.
11 " John Clark, "
12 " Charles H. Mills, "
13 " William N. Tyler, "
14 " Samuel Weltch, "
15 " Reuben Nichols, Reading.
16 " Benjamin M. Boyce, "
17 " Ephraim F. Belcher, Randolph.
18 " Thomas S. Brimblecome, Fairhaven.
19 " Obed F. Hitch, "
20 " Lowell Claflin, Hopkinton.
21 " William Durant, Leominster.
22 " Charles Grant, "
23 " Jeremiah B. Luther, Douglas.
On the 7th of June, Judge Curtis gave to this Grand-Jury his
charge.[2] In that he spoke of the enforcement of the fugitive slave
bill; and he charged the Jury especially and minutely upon the Statute
of the United States of 1790, in relation to resisting officers in
service of process as follows.
[Footnote 2: The charge is printed below, at page 170.]
That not only those who are present and actually obstruct, resist, and
oppose, and all who are present leagued in the common design, and so
situated as to be able in case of need, to afford assistance to those
actually engaged; but all who, though absent, did procure, counsel,
command, or abet others to commit the offence; and all who, by
indirect means, by _evincing an express liking, approbation, or assent
to the design, were liable as principals_. And he added, "My
instruction to you is, that language addressed to persons who
immediately afterwards commit an offence, actually intended by the
speaker to incite those addressed to commit it, and adapted thus to
incite them, is such a counselling, or advising to the crime as the
law contemplates, and the person so inciting others is liable to be
indicted as a principal," and _it is of no importance that his advice
or directions were departed from in respect to the time, or place, or
precise mode, or means of committing it_.
That Jury remained in session a few weeks: pains were taken to induce
them to find bills against the speakers at Faneuil Hall; but they
found no indictment under the
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