Literary cadet and Rhode-Island statesman. [volume] (Providence, R.I.) 1827-1829, 1828-01-23

The annexed communication, Of Citizen,
is published with pleasure, and the subject it
presents, is left TO tho consideration OF the
reader. Further remark on our part would be
unnecessary.
FOR THE LITERARY CADET.
In the letters between Mr. Eckford and Mr.
Maxwell. published in your paper Of tho
inst. the former a~lledges, that among other
improprieties. he (Mr. Maxwell) went unasked
into the Jury Room, assisted in The examina-
lion Of witnesses, took a part in the delibera-
tons of the jury, and remained with them I'LL
tho final vote was taken, by which on indici-
ment was found against Mr.. Eckford and 9TH
ers. To ropel this charge, Mr.. Maxwell pub
lishcd a certificate, signed by all the gont,e-
men who composed that Grand Jury. declar-
ing that Mr.. Maxwell came there by their in
%vitation, and remained there at their request.
! read this certificate with much s~urprize, and
have beon in daily expectation Of seeing som
comments upon it; but hitherto it has passed
altogether unnoticcd, whether from mere spa-
thy, or from general appreciation of this con-
duct IN the Grand Jury, and in the District At
torney, ] am loft to conjecture.
We, at a distance, are in tho habit of as
crlbing a superior degree Of intelligence to
the city OF New York and ofconsidoring things
done there, as n sort of precedent, but on this
occasion | must beg leave to revolt.
Without stopping TO examine into tho origin
Of Grand Juries and their duties, il is sufficient
for my present purpose, TO advert to that part
OF tho oath by which they are b und to keep
secrefthef ID counsel, and that of their as
s%ocidfes. There is no exception OF an At;or-
ney General or District Attorney, or Of any
other person; and, as far as my knowledge
extends, they arc bound by this oath &c preserve
an invioabls secrecy as 10 all their proceedings,
Ii Is admitted however, that in case a Grand
Jury stumble on some legal doubt, they may
call in the Attorney General, state to HIM tho
mere point Of law, and take his opinion there
on, or what is usual, and in my opinion better
they may como into court, state their doubts,
and get the advice OF the Bench. This is not
disclosing their counsels or their proceedings
Bat that a Grand Jury should solicit the
! presence and aid Of the avowed personal cne-
my Of the accuscd(fo for in this case Mr.. Max
well has exhibited tho feelings and the zeal
Of an advocate. )--that they should have
permitted him TO i~nterrogatc, and, as may be
inferred from their certificate, have imr Osed
on him the duty of examining their Witnesses,
have allowed him to make speachcs and COM
mcnts. and oven 10 remain with them till they
had all voted, so that he might know with
certainty the vote, the reason and the counsel
OF every man, does appear to me an outra 90
against d~ecencv and common sense. That a
Grand Jury should be found in our country so
ignorant or so weak, as to surrender their in
dependence and solicit the aid of TIE prsse-
cutting officer, TO diroct their copsciences, IS
matter Of astonishinent and humiliation; and,
l may add, Of Just alarm TO ovcry we'll DISPOSED
citizen; but that this should happen in the city
Of Now York, ami should be voluntarily ac-
snowlcdgcd and avowed. and published by
tho Grand Jurors themselves, PASSES I'll cred.
| Utility.
The proceedings Of a Grand Jlry, arc mat
tiers strictly in pals, by which is meant, that
they are TO corduct their examinations in their
own manner, call in what inIriguos they please,
put what questions they please, ret at the
bre4d h Of facts, and form their conclusions &C.
! cordIng to The dictates Of common sense, re-
! CARELESS Of all technical rules.
| 1t is obvious that the practices nvowed BIZ tho
! District Attorney, and the Grand Jury ofNcw-
York, tend to defeat these views, and TO de-
grade tho institution of grand %jrrics, md if
such be indeed the law and the usage of our
land, I should heartily concur with a late
learned English writer, who proposes (.hough
for different ~rcasons) to abolish tho institution
for Grand Jury, as not only useless, but per
nicious.
This imperfect note is written with no other
view, :han to awaken public attention, in the
hope, that some gentleman al Learning and
leisure, will favor us with a dclineation Of the
duties of Grand Jurors, and prose cutting officers,
as adapted 10 our own country, and TO our in
| s;itutions. A CITIZEN.