Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-12-09

ton was excused. The following seventeen were
sworn
Rxyo C. H,scs, Foreman Wing,
Samuel A. Lawrence, 22i Nineteenth street, Locoioco
Gerardus Boyce, silver smith, ITO Green St,
sylvanus 5. Ward coal merchant all Washington
street, wing
John c. Delprat, 81 Wall street,
Rosert B. Boyd, 100 Norfolk street, Locofoco
Thomas Hunt, grocer, 532 Broome street,
Jacob v D. w skof hardware, III Broadway, Wing
Robert Buchan, 3oa Greenwish street,
Robert Stead, hardware, 65 avenue Sd,
Philip Petch, tailor, Broadway, Wing
Richs ard Ten Eyck grocer, 81 Reed street.
Asa Lewis, silk goods, IS Cedar street,
William u. Bird grocer, ala Front street.
Robert r.. Willstts, 3e3 Pearl street. Wing.
Aaron e. Burr, jsweller, 30 Bowery,
The Recorder then proceeded to charge the Ju.
ry:-
The Recorders Charge.
Gentlemen of The Grand jury
Gsu are selected from among our fellow citizens,
to perform the most important Of all legal duties
You stand between the citizen and the admnistra-
ton of criminal Justice You have the power, and
II is your duty, TO protect the InDocent from the
stigma and disgrace of groundiess accusation, and
without your action, the most vile and dangerous
depreciation upon the interests and nights OF the
public, cannot receive the punishment his crimes
may erit Without your sanction and present
ment all the laws intended to protect the communi-
ty, will remain useless lumber in statute books;
and crirse vice and immortality will spread through
the land-lke destroying angels devastating pro-
pertv and character, educating the rising genera
tiop, for deeds of crime and viliainy.
This power, gentlemen OF the jury, which you
possess these consequences which Will now
from improper exercise of your duties, are in
themselves sufficient obligation upon the honest
the patriotic to compel them so to execute their
trust as to protect the present community, and to
the happiness, welfare and virtue of succeed
ing generations
You have however gentlemen, assumed a more
sacred obls ation than that have alluded to; you
each and all have taken the solemn oath, which was
administered TO your foreman-you have called
upon your God to witness the intcs gritty Of your con-
duct.
The oath which has been adm Mustered to your fore
man, clearly, succinctiy and beautifully desgnates
the duty of each juror individually. ~
The wisdom Of ages, formed that oath. The per-
lection Of that OATH for the object intended would
induce the b.lisf that inspiration was its author.
This oath says" you shall diligently inquire,
and true presenment make, OF all such matters as
shall be given you in charge. This portion OF the
oath noses upon each OF you, diligence In the in
vesiigation Of the testimony you may examine and
REQUIRES that your presentnent should be the truth.
as established by that testimony. 1.-The Counsel
of the people, OF your fellows, and of yourself you
shall keep secret" By this portion OF yoar oath,
YOU are required not to disclose the counsel OF the
people; meaning the advise and suggestions 1T the
District Attorney, who Is your legal adviser; nei
the must you disclose what either your fellows or
yourseli, may say do-orthe manner you or either
Of you naay vote upon matters coSnzaoie before
you.
The object Of this secrecy, gentleman, is to pre-
vent the tinid frem being operated upon by the ap
pr.heuson OF out door censure for there, are
many men who are influenced more oy the opinions
of oihers ard by an apprehen sion that others may
cessure or isiure them for any particular conduct
Of theirs than they are by a moral and religious
sense Of what is riont
TAis secrecy is also intended to prevent tho jury
or members OF il, being exposed to the hatred and
rsvesge OF persona indicted, or 10 that Of the friends
Of such persons.
"You shall present no one for hatred, envy, or
lice Al har
ed for love- fear, favor, or hope vi reward but you
shall present all things truly according to your un-
derstssdipg." This is the coseiusisn of the oath,
aud it Ills upon ysu to exercise the attributes Of
duty, truth and juS tice. Gods attribute, mercy,
ysu, gentlemen, are not permitted to exercise; TO
the supreme executive power OF the Siate,i that
attribute alone Civ n, and he can exercise it only
after icime mt, trial, oonv cton, and sentence.
The oath you have taken, gentlemen, is intended
bv human wisdom and virtue, 10 cause grand Jurors
to act ike perfect beings, as the weakness and
imperfection OF human nature will permit.
This secrecy is to make brave the timid; acoward
cannot act honestly, If he fears honest act will
expose hun to danger. An honest and a brave man
needs not the shie,d Of secrecy for him to get be-
hind, that he may do justice; he, however, ~ the
oath you have taken, must submit 20 the shield OF
secrecy, that the timid NAV be induced TO act ho-
ne.ty {" EnUy, hatred and Haliee"-attrbutes of
demons, your oath is intended TO exclude from the
jury room.
and hum N Virtues, are excluded from your room,
because, virtues AS they are weakness in cxereis-
ing them, viii make them wees.
. Hope of reigdrd"-your oath excludes this Ju-
das Iscariot tempter from your room, bee if adj
miited, it will cruelty the law and justice. This
oath, gestlemen, informs you of ~ the duties that
you indi yid usllv have 10 perform.
The law Of the land, gentlemen, prescribe what
are your powers, and your du y body; aud de
signstes who are your only legal advisers. Before
the constitution of grand juries, offences only
punished by complain made TO the courts; and
only such persons were tried as the courts deemed
proper t. have prosecuted. Upon trial. the accu-
s,g witnesses we're oaly examined; no Witnesses
were examiatd on the part Of the prisoner. IL Is
easy 20 perceive the great iuusuce and the extent
Of individual persecution such procedure would
cause. The abuses OF such proceedings lie 20 the
estabshment Of grand Iuries. For scric. &c wears
after q and iures IN operation, all the witnes-
sswerc .sorn by tire cosrt, aad then sent into the
grand Jury To be examined. The grand jury after
examining the witnesses. came ihto court with
written preseuiment oi the facts which hsd been
disclosed by the testimony, This prcsentment had
90 be agreed 90 by II of the grand Jury, Upon this
prescn iment the court dIrct ed bill Of indictment
20 be drawn in legal form, ich was then endorsed
By the foreman, 81 true bill" The court wa the
only legal advisers OF the grand jury. A. the bust
Of courts and gr-ndl Jures we're increased, IL
became necessary 20 give 60 the district attorney
the power Of legal -lviser 60 the grand jury and 10
suthorise the for- of the Jury 10 administer
Oaths 20 witnesses, which IL now the case; and our
statute fully and expressly Ynate the power Of
grand Juros and that Of their legal adviser.
By2iR s. % Edition COS. SOS There shall not
be more than % nor les than l6 pefsoas sworn on
any grand jury. The Court shall appoint one Of the
number foreman.
BY S29-rhe foreman Of every grand jury shall
BE- authorised To admiaiste any oath declaration or
affirmation 20 any witness who shall appear before
such grand jury, for he purpose Of giving evidence
IN any matter eognirGb!s by thsn.
By S3O-Every grand jury may appoint one of
their number % be clerk thereof 20 preserve mi
ru'es Of their proceeding and If the evidence gi-
ven before them; which minutes shall be given a.
the district attorney Of the county, when directed
BY the grand jury.
BY 81 section, the district attorney i. compelled,
when required by the nd jury, t. attend them
forthe purpose Of exasn isr witnesses in their pre-
sence or OF giving them advice upon any legal mat.
ter: and 10 issue subPTaas, and other process to
bring N p witsessos.
BIZ S:3, the District Attorney has the'reht at all
times 20 appear before the Grand Jury, on his re-