The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1814-05-18


Gentlemen Of me Grand Jury,
Tie laws o. your country have here assembled
you, Tor the express and sole purpose of aiding in
the administration of justice.--In discharge of du-
~ so important TO yourselves, and society in gener-
al, yci should exercise the utmost vigilance for IL
10 VAN that wise aud wholesome laws exist, unless
they're strictly carried into execution, and that too
withct respect to rank person.-For this import
ant purpose, have Courts OF Justice been establish
ed, aud Juries summoned to attend upon them, that
BY their mutual cooperation, the liberties of the ci-
Nzen nay be firmly secured and the grand ends of
jastici fully and completely answercd.--Al nations,
in all iges have created Tribunals before which the
complaints of their subjects might be heard and ad-
Indicted uponi and experience has proved. that
.aey re intimately interwoven with the very exis-
sence Of civil society Every individual has vital
rct4'sst in the execution of the laws inesmuch as
df,! Ensure security TO his life, his liberty and his
nsxnqty.--Thosc only who dread their salutary pen
dxs can wish that any breaches Of them should
tass nth impuni.y, or that any relaxation in their
exscstion should furnish hope OF escape from pun
isNnclt.-lmpunity 20 crimes, affords the greatest
encouragement TO their commission and no offender
brtcmes so hardened and confirmed in his wicked
ne| the who has been taught 20 believe I. ON
e-efrence, that he can evadc justice--Such, gen
tie,en, the mlness and excellence OF our Grim.
ine code that the severity of its exactmens could
nttr afford the least pretext for not atlxng to any
crhe its statutory punishment. but it is subject
oiheaftfeit congratuaton, that such is the state
o. our society, that il seldom becomes necessary to
dfpay the wholesome terrors of the laws but.
wien this necessity does exist, the Court and Jury
) 4 do their duty
~ is the task of every Judicial Tribunat TO instruct
Grand Jury, as to the nature of the important unc-
NAs which their country has dcvolycd on them to
sxflan their character, and the manner in which
tAey should be executed. To you, gentlemen, be.
lTgs strictly the cognzanee of crimes, or those Of
ftaces which threaten TO disturb the peace Of soce
tilJn these. the State becomes the prosecutor; rs
zAc aggregately, and each one Of us more remotely,
sse Interested in their detection and punishment.
'rnes are acts committed, or omitted, in violation
- some law, either forbiding on commanding them.
hey are distinguished from civil injuries, an that
that they are breach violation Of the public
rights, due TO the whole community. Hence it fol-
lows that crimes are Of superior Importance TO
any civil injury.
From The serious consequences resulting to socis-
ty from shoss acts denominated crimes, the supreme
power in every State has graduated scale of pun
ishments, adapted 10 their comparative magnitude
and extent. In some countries, where the state Of
society is highly depraved and corrupt this scale
has, from necessity, been graduated very high in
somuch that American often shrinks from the
contemplation Of their Criminal Code Happily our
courry can boast Of more virtuous condition of
q Jv: one. in which human nature, however rap.
sdy.tN.ay W sdvsncipg, has not yet arrived to so
corrupt state. Onr criminal code contains few
Of cur free and wise Institutions il adheres in its
exactnents TO the grand end of all punishment the
reformation of the offender and the deterrng Of 9th
ers, Through his exampe.-From this circumstance,
great and radical Inconvenience in the admnistra-
tion Of Justice is avoided. In England, for exafn-
pie, it mas been remarked, that commisseraton for
criminal, will often induce Jury to suffer his es-
cape many of the provisions OF the Penal Code in
that coutry being sanguinary, and dispropartion-
ed to the offence II is however necessary, that the
wisdom Of the Sovereign Power, rather than any
positive, uniform rule, should control the measure
Of human punshmenls though the exercise ofsuch
wisdom, should always be regulated by certain gen.
eral, equitable principles.
Your duties, gentlemen, are plain and simple. As
Jurors, you will dvest your minds Of undue bias or
partiai,es recollecng that the important and re-
sponsibe character with which you invested you
must lay aside the passions and prejudices Of pri
vate individuals. Juries mere mockery OF jus.
tice, If they suffer their minds 70 be operated upon
by any imp roper bias. As long the trial by jury
is preserved in its own proper purity, our liberties
and those Of our fellowcitizens are eiicctualy se
cured But the moment they sufer themselvesto be
influenced by personal political preudiccs, that
noble palladium of safctys destroyed and even
ANARCHY, the scourge Of Republics, would be pre-
ferable to such state Of society. The Office is o
high respectability inasmuch as the Juror is con
stituted Judge over the lives and property Of his fs
low-citizens and important, since without it, JUS
tce in this country never bs inpartiay and eff
| hciently administered.
As the Grand Inquest for the body Of this county
gentlemen, you will diligently enquire and true pre-
sentiment make, OF all such breaches Of the laws
\ shall come ts your knowledge Your functions var,
very materially from those of the Petty Jury. The
State will, through the Attorney General lay befof'
1 you. only such evidence tends TO establish th,
guilt Of the accused; and authorizes in your mind
| The proprcty Of bringing him TO trial-This esi
tence you are bound to weigh attenively and deIb
eratcIy; and consider, wbethe IL affords reasona
bic probability Of guilt; and if such an impression
is produced your minds, you are bound TO rcturr
true b--But With Petty Jury the case is diiIer
| ent They hear the evidence and allegations produ
ced by both parties, and their minds enlightened
| by the arguments Of he Counce.. The case is en-
tirely in their possession and it is for them 10 con
slider, most scrupuousy and a,cntivcIy, before ren
dering in their vcrdict--such are the imminent
and precautions, which the laws have provided v
shield the lives of individuals, that amorg Us il ma
| Justly be styled moral impossibity, that limo