The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1840-12-08

PRESENTMENT OF THE N Y. RECORDER
The following is that part of the presentment of the
Grand Jury of New York which relates to the con
duct Of the Recorder in regard the alleged election
| frauds.
| The Grand jury cannot in justice to themselves,
acting under the sacred obligations of their oaths per
init the present occasion to pass without expressing
their views upon the charge which his honor the Re
cordcr thought proper address TO them previous to
their entering upon the discharge of the important
trust, for which they were empanneled In reference
to that part of tho charge relating to the examination
by the Recorder of the election frauds, and the pro-
curement and possession of the Glcntworth Papers
as they called, documents have been presented
to them, either by the Committing Magistrates, his
honor the Recorder or the District Attorney.
The papers documents relating to such frauds
now being in the custody or under the control Of the
officers OF justice had the Grand Jury presumed that
if il proper that they should be possessed of them
they would have been furnished for their examination,
bu, concluding, they conceived they had un-
doubted right to do, that there was a difference of
opinion among the Judges on their legal possession,
they did net feel it to he within their duties cause
any process to be issued to enforce their
they not willing that any act of thcns should he
/ construed into an admission that the Grand jury
consider that they had been legally taken from the
custody of the person under whose control they had
been placed by him to whom they of right belonged
But on the contrary, the Grand jury feel bound to
present. that in the instance referred to, there in
/
and OF the law of the land which secures 10 every c
zen, however humble, exemption from search and
orcibe seizure of his property and papers, except
der warrant TO be issued by magistrate, reasona
bic cause shown by affidavit, to be within the limit
prescribed by the Statute and common law Of the
land That the adoption of any other rule would
| permit any Justice his own yoition to force from
the custody of citizens the title deeds TO their pro-
pcry private correspondence, without the consent Of
the owners, on mere suppostion that something
might he discovered bearing an individual charged
with msdemcanor, not committed in the case re-
fcrrcd to by the individual who had the charge and
custody Of the papers.
And they further present the proceedings OF the Re
corlcr to execute the office of a search personally,
while in their opinion il may make him party TO
any egality that may have taken place, has the eff
feet to deprive both the accused and the people of his
learning and experience in the futureprogess Of such
proceedings.
And thcy,do further present that the publication in
the newspapers under the sanction of the Recorder
of the dispositions and ailidavts taken before him in
reference 10 complaint necessary TO be laid before
Grand jury, act tending TO injurc the charac-
of the accused previous to trial by jury of his
country, in violation of that benign principle which
presuuce man to he innocent until prored guilty.
GEORGE w Belts Foreman