Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-10-12

too, is as f:setius as the game of the forest
which constitutes his chief resource tot sub
sstence. His sleCpieSS nights are succeeded
b> days OF gloomy melancholy. Having nc
stimulus 10 the acquisition OF knowledge-fcr
knowledge can brin: him no security against
uangerand no exemption from caIe-he rush
es into The deepest recesSeS of the wilderness,
aud adopts the worst conditioner savage bar
barism or, assOriatipg himself with restless
and daring spirits, he maAes war upon the
weak and defcuceless. uctil some aspiring
leader establishes by his aid "A military despot-
ism, upheld By the power OF his adhs rents, who
pracise over their interiors the same tyran-
MES To which they ara subjected.
10 redeem mankind trOn such a state OF
moral aud mental deprayity and to give Sc
curit> to the rights OF individuals. by punish
lns those who Infringe them, governments
have been Instituted which partakipg freely
OF the character OF those whU compose them,
are more or Stree. in proportion TO the in
tellgtnce anu virtue OF the great mass of the
population. For 1t Is an axiom in politics, de-
monsira'ed on every page othistory, that where
me people are enlightened and virtuous, the
governments are free, and that the contrary
condition is graduated by the scale OF their liz.
uOrance and cOrruptiVu
Tho best preServative of this freedom is to
be found ia the wisdom with which the laws
are adapted - the cOuditios of society, and
The hdeIty with which they are executed
Hence we hud thatin the earliest ages OF Ie-
publican governments ii was deemed pra Sc
worthy tor citizen 10 accuse another because
or ms unlimited zeal for the public good But
III the progress OF events, aud when the last
rays OF hBeIty were about TO be eXtius uished,
swarm oi intOrm,rS infested the avenues of
justice, aud the most vicious mean and am
OitouS SpiriS, aiming at houors and prefer
ments busted Intensely in search OF crinI-
hdis IN order that they might prOpiiiaie their
rulers.
After long night of despotism and the
struggles between the monaich aud the sab
Ject hdd tended In restore man 10 the dignity
OF ms nature. aud To repoSsess him of the rights
w'eSted from him by usurpation, our ancestors
framed the admirable law whereby an officer
Is appointed In each court of criminal jnrisdic-
uou, whose duty I'll to prosecute for all sorts
al Offences coyniZable therein. Cotyal with
the creator OF Ibis Office was the iusiitutor OF
Dland JurieS.-I great bulwark of the ctl-
zen against The tyrannies and expressions of
those VINO manage his political concerns his
Siis'u against the nal &C of unworthy intDrm-
Prs ana at the same time the first accuser of
ms crimes aud JelIDQuences.
without tins corrective hover the nubIic
ofhcer, liable 10 be influenced by unjust accu-
sa'i"ns might institute 4 gr0undlesS and mali
clehs prosecution whilst on the other Lahd
IL ne resisted the EFFORTS OF an Infamous accuS-
or, We subjected himself To the imputation of
Partially and disregard Of his official fnnc-
uons.
And in such high reverence is yonr tribunal
regarded by the Cons titution OF the United
states, that in order to preserve lis pxistence
against the power of legislation itself. il in
conSecrated bya solemn article
ny th's imposing authority am comulanri-
en' AS one OF Tie pubic funcuonaries TO take
cane That no person shall be held 10 ans,ye,
here for capital or otherwise infamous crime
without the presentmenf or Indictment of A
Hr"nu jury ana there IS no principle in the
administration of the law that [ hold in higher
estimation.
10 you, gentlemen, selected for vonr intel
isehce and virtue. and called upon to exer-
else the high cenSOriai powers OF a Grand In.
~, unlntuenced by hatred. malice. or al will.
on ny rear favor, or affection, the public JUS
. nIe Is now conflded by visilant and faith
inl exercise OF your functions, YOU will per
FORM Il duty as important as IL il imnoSinp
h'u contribute TO perpotuate our free institn
lions reared by the wisdom of our fathers and
purchased with their hiuOd. Here The milf
ness OF oar penal code unlike that of almost
every other nation, shocks no mans sens. nj
Justice ana none are induced to com promise
between sense of duty and OF humanity b>
e"usdVorlng TO screen Offenders from puaish
m"ht. Our laws seek rather To reform Ihan IN
cpaSlise aah wherp thea rsg,,ire tina, the blood
OF Inc criminal shall he she'd. il is more for the
sake OF example Than for Punishment An
soou men are cOnNeque atty Interested in CON
tiOutng TO the faithful execution of the laws
ani IN bringing thoSs vino violate Them tn an
swer before the judicial tribunals
lite duties coutided 10 you are to cnouire in
20 offences against tne Constitution AMI LatrS
OF tue United States and in the cxeci,iin., Of
them yOn will bear in MUD that. i'm ,be oni
mon OF the Court no Indictment SHOULD he
t'nnd by yon true bill, miles, from thc ex-
pate evidence exhibited in support oft, Won
are satisfied that the accused is geilty of the
charge.
] am aware that the ancient authority is
otherwise and that II was held right To ind a
bill upon probable evidence Butat that ne-
ROD IT was also held. that if party was in
dicted tor murder, and the iury were. satisfied
that the killing was in self defence and en-
proved the Court might remand them TO con-
slider better thereof. And where ihsyrrfnsed TO
present things within their charge, the refn.
sal might be enqnired into, aud they for their
default were liable to be amerced ihjs ron-
struction can impose no hardships far sure
ly IT the evidence for The prosecution. without
being cross examined, aud without the hen,tf
OF eXcu'patoTy testimony, OF the right OF being
n card by counsel, rs insufficient, in YOUR opiu,
ion, % hni The accused guilty. he should not
be put upon his trial.