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

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dnate branch; they have NO power to issue any pre-
cepts; and like other subordinate officers OF the
Court, they fined for their non atten dance, and
may be- petit jurors, and other officers Of the Court
may be, fined and imprisoned for contempts OF
Court.
Members Of our grand jury may be indicted by
succeeding grand jury, for contempt OF conduct as
grand jurors. II grand juror should received bride
or other inducement to act corrupy, he can be IN
dcted even by the grand jury OF which he is mem
Der, and can be tried and punished for his corrupt
conduct. There Is no officer, from the most exalted
down 10 the most insignificant Oft the peoples SER
wants, but must act within the legal powers which
is delegated to him. II he transcends those bounds
he is ameRable to the law. The law in this country
is the only power that can do no wrong.
grand jury has no right to examine witnesses on
the deience-they have no right tn try the cause
Their only duty and power Is to ascertain whetner
there is sufficient in the charge preferred 10 require
that the accused should be put upon his trial There
cases, gentlemen, which but too Frequently oc-
eur. of complains instituted by malice and prosecu-
ted by revenge, when the examination OF the wit
nesses furnished by the prosecution disclose that
other are cognizant of the transaction COM
planned Of. In su cases, where the grand jury sus
pect from their knowledge of the witne or from
the witnesses and testimony, that the charge
is untrue, lis taeir duty TO the accused TO consu
with the District Attorney or With the Court. And
in such cases. at their suggestion, the District AT
torney orthe Court will send for the required W.T.
nesses, that innocence may not be stained even with
an indictment.
A learned Judge of our sister State Pennsylvania
in a charge delivered to grand jury at the PERIOD
believe, of the Whskey nsurr ecton, which Is So
full and satisfactory upon this subject, that VIII
read il TO YOU.
By the constitution Of jury trials, is said, ii is
the province of the grand jusy to ascertain the pro-
bab Iity of saton; whether ii is founded on
malice aud falsehood not; and it is clearly the
province of the traverse jury to ascertain the truth
Of this accusation But If witnesses, brought Tor
ward by the accused person, were to be heard IN
his defeuce before the grand jury, and they should
find the charge true, this would approach SO near
to conviction that the traverssg of the indictment
afterwards and the trial by The traverse jury would
| sppear nuga,ery, and might be abolished. The
finding of the bill would raise such an opinion and
presumption of the guilt of the accused person, as
must be bias in the minds CT ali mem and the Pm
soner could not come befo the traverse jury with
hope of that impartiaity in his Judges, which the
constitution of a jury trial supposes him to ex-
pect, a. -
person accused beneGc al it would not on " be APP
piled To the most proper objects The innocent
would seldom derve benefit from this provision
With conscience void of offence, and mind un-
sus picous Of cusation having no previous notice
of the charge, he would come forward without wit
nesses; and the investigation, concluded at onee,
would have the effect OF atrial, and bea Prepos-
session against him. On the other hand, the man
cious of guilt will watch the monent Of his
eusaion, come forward with witnesses, perhaps the
partners Of his crime, prepared to save him, By
periurv from the grasp OF the law. Long versant
in guilt, he will become experienced in the arts OF
evasion and have tools constantly prepared, to work
his escape frem justice.
at belongs to the court only to ascertain what tes
timonv is competent; TO the jury only 10 ascertain
what testimony is credible But If witnesses may
be produced to the grand jury, b. the person &C.
cused there will be NO restraint on their admission
and contrary 10 the principles OF our Judicial pro-
ceedings the jury will decide en- the competency,
as we'll as the credibility, Of the Witnesses.
Some, entertaiaisg doubts OF the propriety OF
admis ses Of testimony for The defendant, but Charm
ed with the lberality of this measure, and not en-
tircy satsfed with the arguments for the exclusion
Of this testimony, endeavor to steer middle coarse
and, thou-h they approve not OF an indiscTiminate
al mi s.ios will allow, that, in certain cases, and
with the ap Ssiou OF the court, the admission o
witnesses in behalf Of the defendant, before the
grand Jury, may be proper In sosae cases OF difh-
Guilty or doubt the court OF Kings Bench have or.
dered the evidence to be given 10 the grad inques
at the bar, and in the presence Of the court, ans
have then dire cted the jury how To find the bilst
the circumstances TO the court the objections TO the
sdmis seu of testimony, in behalf Of the defendant
before the grand jury, are greatly les.ened.
In this variety ofopinioOs ON an important point,
il vill become both courts and Juries to act with
prudesce and moderation; ald, as the same object,
public Justice. is pursued by both, like fellow la
borers IN the SAME cause, they ought TO appeal 10
each other, for mutual help, and with decent re
speet To the opinions Of each other, the topics
proper for each discuss Juries ossht To listen to
,urts in matters of law; and courts to Jnr'es ~
matters Of fact. Thus inspiring snd possessing mrs
tual confidence, they sught neither TO screen any
person accused Of a crime, whose conduct reason
bly, appears TO demand public examination; nor,
ny rash charge, draw on any innocent man un-
me ried putation OF guilt, or unnecessary appre-
hession of punishment
Clearly, If, on hearing the witnesses IN support
of the accusation, II appear unounded, or II the
isry have sufficient knowledge of the incredibiliy
of The witnesses, the bill ous 20 be rejected. And
IL there be no absolute proof, espec islly in an nves
tig.tion side only, the probability or presump
ion 90 support the charge ought 90 he .trong. II Il
be light or rash, motv Of public safety JUS
tify Inc harras,ing OF an Individual; the common
presumption Of innocence Is a sufficient counter
poise and YOU nav safely disregard an accusation
sohghily supported fnr grand JURY ought l" D.
thoroughly persuaded ofthe truth OF an Indictment
20 FAR a. their evidence goes and not rest satisfied
merely with remote probabilities
"Of. III the means which have been devised, TO
prrvent secrecy and impUBity oi crimes, calumuy
and malace in accuses, and ipjsstIce and oppres
sion in government, 'te appear 50 generous and ci
fcctua a. y grand Jury where number of the most
Intelligent and upright O the citizens are assembled
from All corners OF the county with all the impress
sioa of duty on tier minds, that high ard ip.por-
taut station and the sacred solemuity ofan ostheaa
impose. with all the inter T. which the free enjoy
ncni of the own lives, pcrtv, and good name,
can inspire, disclose every offence OF " hich they
have knowledge, examine every chsrge, Of which
they have information, and free from all sinister
motives. 10 conduct their deliberations, and deliver
their judgme nj with strict and impartial regard
a. public Justice and tho public peace
'sW It'll what sacred care oIght we TO preserve in
violate IN institution, so essential 90 public liberty
safety ard peace So eicacious 81 liberty has this
institution been esteemed. that an author, rcspeca-
bic Tor his tal.n' and Judgment, does not hesitate
o. point cut the trial By jury 90 principle which,
singiy, will preserve the British government from
that corrupton 10 which Az other 90, errmcuts have
become prev, and ave Co that government iIa-
mortality above the lot Of human sairs 20 attain
srhe preservation ofthis Institution depends upon
cursslvts; and none, be; on scivcs, strin of
this vial spirit Of our political l.ame Violence
cannet tear " from u, for would defend IL with
our blood and lose II only with the last faculty q
our lives. Government cannot cheat rs OF 81, for
We watch IL witha .alousy. TOO kten for deception.
Bot, gentlemen, an energy more dangerous asd
fatal NAV succeed ainst 81 may destroy IL
selves For hold u as naXin OF iniI'l bic truth,
that whenever Institution Icgias 20 operate from
urinciplcs different from those which set 1t in
Ton ard with other objects than u intended 20
effect, the way Is opened 20 It's ruin. Juries
rnnied and destroyed. whcn lnrnIs snlfer any mo.