Piney Woods planter and Amite union literary reflector. [volume] (Liberty, Miss.) 1838-1838, 1838-08-11
Very respectfully
Your obedient servant,
CHARGE.
Gcatlemen Of tie Grand Jury.

Gentlemen oftLe Grand jury.
The duty devolves upon me. in Il
discharge of the office, Of which, by Elk
cutive appointment, | am constituted ter
porary incumbent, to detail to YOU the a
tlcles ofinquiry, which from the legal obi
CATION of the grand inquest of count,
It is hardly necessary to call your after
ton to the responsibility and vital inpor
lance Of the station which you hold in re
gard to society and the public good. TIL,
period of the first establishment of th,
Grand Jury, is lost in the obscurity of the
early ages, though there is enough founf
IN history, to place it contemporary with
the ancient Greeks. Bv the Laws Of
King Ethelred, we learn that its adootion,
IN England, was anterior TO the conquest.
In the justly celebrated Manga Chorta.
one check upon royal license demanded.
was "that no freeman should be hurt in
his person or property, except by the de
clslon OF his peers, or by law of the land !"
There becomes, then, two-fold barrier
between the liberties and lives of the peo-
pie and the wrongful exercise of power, of
presentment and trial by jury. There
must be preparatory accusation Of
twelve or more of the fellow-citizeEs of
the accused, the truth of which, must he
confirmed by the unanimous suffrage Of
twelve of his equals, indifferently and i'm
partially chosen. The qualification ne
cessary in Grand Jurors, serve as an nd
cltlonal security TO the rightful exercise
of penal law. They must be citizens
freeholders or householders, which sun.
poses an interest in the preservation of
good order and the majesty of the laws
they must be "good and lawful men y
which excludes all individuals who have
been politically disabled by conviction
OF any infamous crime.
In conformity with this ancient custom
rendered, by statue, the law of the. State
you have boen empannelled and sworn. to
act as Grand Jurors ofthe County, for the
Criminal Court, the manner ofperforminc
your duties, you will gather from the form
ofthe oath which you have taken. In ali
the technicalities ofyour Office, YOU will
enjoy the aid and counsel of the District !
Attorney, but there are some which should d
DC briefly touched upon by The Court. d
You "shall diligently inquire into. and t
true presentment make, of all such thinos Q
as shall be given you in charge, or other il
wise come TO your knowledge, touching O
the present service" In legal accepta.
ton, the term diligently" implies eau "
ion as was as assiduity. You are there a
ore, expected, in the discharge of YOUR O
iutles, to exercise heedfuIness as we'll as Il
vigilance. The term "presentment." qe q
lerally speaking, in very comprehensive. Of
including not only presentments, strictly W
o called, but also inquisitions of Office, and Ell
Indictments by Grand Jury. A present. U
lcnt, properly speaking, is the notice IA of
en- by Grand Jury of any offence from flu
heir own knowledge or observation, with OF
ut any bill ofindictment laid before them tn
the suit of the State. AN indictment. tn
the other hand, is written accusation pa
one or more persons, Of crime or a to
isdemeanor, preferred to, and presented an
oath by Grand Jury. You are called dis
ION to make "true presentments.n To Of.
is intent, would recommend to Won,
ain, that caution which constitutes an pui
sentiai Ingredient of your oath. and mil
llcb is chiefly to be employed in the ad an,
ssi9n Of eyedecne before your BODY. hib
general, the Grand Jury bears evidence led
y in support of the charge, and not in pow
,ulpation of the defendent. | consider or O
!, however, at liberty, to seek any in ON |
nation relative to facts, sufficient to den
rant your determination. In "diligent- mar
inquiring, you ought TO be governed sam
stronger than mere proba- own
evidence, and In view OF the ignomin- hous
'f the charge on the accused, the dan. nit,
OF perjury, the anxiety Of delay, the table
Try Of a prison, and also the expense ed, i
the State, an offence, since it is pre-. b,
J 10 the absence Of the accused, ought all N
established b6y substantial testimo- upon
The tenor Of your oath continues: dams
shall present no person through NAL. over
hatred Or ill-will; nor shall yoa leave Hosp