Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1829-07-15

woods with their prize, and, after long, rug
gcd, and perilous journey, entered isabelle
III triumph; OJeda bringing the wild Indian
chieftain bound behind him captive
IL Tho able charge of the learned Judge Strong
should be read aud preserved by every citizen iabI,
to serve on a jury.
From The Salem (Mass) Gazette of July 3.
Hon. Judge Sfrong'S Charge TO the Grand
Jury, ESssr, March, 1929.
GENTLEMEN or THE GRANp JuRy
You now empannelled, as the grand INQUEST
for this county for the ensuing year. Your duty is
briefly stated IN the oath which YOU have taEen.-
You will diligently enquire, and true presentmen:
make, of alt suc matters and things, shall Civ
en- you m charge" That IS, YOU Will faithfully al =
tend to your duties, and impariaiIy discharge them
according TO tho fair and proper operation OF ne
testimony upon your minds, making all reasonable
effort TO come 10 "a correct conclusion. upon all sub
Jects lesiilDateIy brought before for Vour consld
Grafton. - The commemorative counsel. vour fellows
" your own YOU shall keep secret" The obligation
Imposed upInyOu by this part OF the oath Frequent
y misunderstood by Grand lnrurs aud IL NAV b. use.
ful 10 go INTO particular consideration of it. There
are many important considerations, which require
that the proceedings Of Grand Jury should be en-
trcly secret In some Instances, the individual,
against whom the accusation Is made, NAV have
great power aud influence, in the community: and 1t
may be injurious or dangerous that II should be
Known by whose arguments, votes. in the secret
body have agreed to find bill against him. Ii may
expose those, who from sense of duty and the obi
gatons OF conscience, have been compelled to decide
against him. to inconveDlences OPPRESSION and dan.
gers; from which, II as Intended by this part OF vonr
oath cfecluuly to every member of your bo
dy. Ii your proceedings were not secret, and this
secrecy secured by oath, the fear OF these consecuen
ces might deter some fyour body from an indepen.
dent and conscientious discharge of duty, and the
greatest offenders might. in some instances escapc
the punishment which the law has affixed 10 then
crimes.
Another important consideration is, to prevent es
capes. In many instances. complaints are preferred
to the Grand jury In the first Instance without anv
previous proceedings before a magistrate TO secure
the appearance of the party accused by recoensance
In such disclosure of the proceedings i'm the
Grand Jury room, will give the persons against whom
bull Is found, opportunity to escape and there
by TO avoid punishment. The injunction of secrecy
imposed by this part of your oath. is confined to
the term when the indictment is found, even to the
year for which you selected serve; but is per
petudl You are never at any time, or on any occa
sion unless, required so to do u witness in a
court Justice to disclose what takes place in your
This injunction 10 confined to a prOlibi-
ton OF general account OF transactions or, whe-
ther bill is, or IS not found against particular in
divduul, but YOU not TO disclose any thing res
pecting it; what any individual, either member of
the Jury, County Attorney, witness did or said -
4 | am more particular, gentlemen, with respect to
this part of your duty BECAUSE grand Jurors are not
sufficiently careful with respect TO it, and freoucnv
inadvertently, have doubt violate their oaihs in
this particular. You shall present no man for envy
hatred, or malice, nor leave any man unpresented
through love, fear, favour, affection or hone Of re-
ward; but you shall present things truly. as drew
come to your knowledge, according TO the best of
your understanding" The rnenning of This H. tbo,
you shall act faithfully from the evidence before you
aud not suffer yourselves 10 be Influenced by any bias
either for, or against the party accused. The court
give you 10 Charge u, the offences Of which thew have
jurisdiction When You have retired ~ your room.
you will hrst choose foreman nv ballot and inform
the court whom you have chosen. The foreman bas
authority TO witnesses IN presence Of the
County Attorney. The foreman should keen l,sf
Of witnesses, thus sworn by him. and OF the close Of
each term the list should be filed with The clerk.
Wbcy any twelve agree to a bill tle foreman should
certify TO be true bill, though he do not agree to
ii himself
An opinion has prevailed IN some places that twelve
coDstltute quorum Of Grand jury and fhat n ma .
jd@sy of this twelve may find bin of indictment
This IS mistake Not less than twelve can IN ann
crse end legal bill ofndictmcDt. II may he uscGl
10 occupy the time usually taken up IN an address 10
the Grand Jury in considering The origin and n,por
tancf Of the institution Of Juries-Jlries were IN
s'ttA'ed ~ remote ages when violence Of every dos
cripton was much more common than az the pres-
ent day; when the state Of society compa ravelv
ferociOus and stronger restraints upon the passions
OF men were necessary. From the violence Of tho
times, the almost universal practice Of CARVING
and constant feuds and animssities the Office of nil
ic prosecutor was dangerous; and il became neces
sary to vest this power in numerous BODY ,yLoso
proceedings shouldbe secret. In dis way tho res
poDsbllny was dj Ided and the party accused could
not FIX upon any particular individual a. the cause of
the prosecution. Other important adyantaoas nc
cOrnpaned this system The power Of accusation.
Of determining what persons shall be nrraiened al
the bar OF their country ana put upon trial 100