The daily union. [volume] (Washington [D.C.]) 1845-1857, 1847-12-18

TERM, 1s47.


DECEMBER TERM. 1s47
{Published at the request of the Grand Juy)
GENTIEMEN OF THE GRAND JURY; The law assigns 10
you arduous and important duties. In the organization
cesses of tme when property and rights were held by an
insecure tenure the plan OF inquiry by grand ures was
adopted in thai kingdom from which many of laws
stance. have been derived While in our ancestral coun
try all else hung loosely together and the government
self was generally held and maintained by the strong
hand and occasionally overturned and ITS head changed
by violence the trial BY jury preserved, from the
vicon OF all that 10 all it afforded the best security
Through the fluctuations that have been referred TO,
changed by improvements IN the science OF government
long historical line the system OF by grand
jury preliminary to trial, reached America, and has
down TO day as II existed In the rudest ages so
long and uniformly held in esteem, reason would d.
rect us TO rest upon it, if did not know to be wisely
adapted to the end which it was proposed 10 accomplish
That end is dsIassonate and unbiased inquiry INTO
the guilt or innocence of accused individual on the
showing of his accusers You summoned IRON the
vcnage in which the acts that Will form the subjects Of
your deliberations occurred; so that having probable
general knowledge of the parties prosecuting and defend
ng YOU may the better Judge of the truth or fasy OF
the charges preferred The habits and pursuits in life OF
all concerned their relation to society and to each other
and the various circumstances which belong to each
us-as different in different individuals their
raj modes of living and conduct, and as diversified
their personsmay be- and often are very deserving OF
ANXIOUS consideration The knowledge of many of those
around him, which every man carries about with him in
his daily walks, and of which he could not dives him
self if he would. can hardly fail, when you are debe
rating on the evidence OF witnesses, 10 and much In
irving at Just conclusions; it will shed mild and gu-
ding light on the path OF Duty unless il is productive of
prejudice and bias, the great enemies Of Justice Above
everything and beyond all things combined jurors must
and am sure you WILL avoid them The most beautiful and
admirable feature in the administration OF the law IS that
it knows no distinctions, 1t has no sliding, scale
Il, h,lfX hy
line, which brings all who come within its range i0ss
common level ~
The government appears before you by its uncentra
dcted Witnesses excluding the power or right OF the
cused at this stage of the processing to EXPLAIN contra
dict any shape to meet the charge preferred against
him The examination is necessarily conducted on this
principle Your Office is not to try the defendant, but to-
decide whether there to send HIM TO his trial be-
fore body of twelve petit jurors From Its nature how
ever your investigation OF the case, as 1t may be present
ed TO you ought TO be rigid. You should be well salts
fed that the evidence adduced, you have heard es
tablishes the guilt of the party charged, and that
shall be unexplained or uncontradcted on me trial. ne
this impression your minds having the fullest oppor
tuny and means produce it, if the case warrants such
a result the charge should not be further pressed
The remarks Just made derive greater force IRON the
reflection that it is much W it be not more) the duty
just government to shield the innocent from unmerted
punishment and disgrace as to award to guilt Its desert
The guilty punished that the innocent may be pro
tected The amendment of the criminal IS leading OBJ
ject and the vicious also restrained OF their liberty
that the honest citizen may enjoy the fruits OF his INDUS
try may walk the streets and travel the country unmo
Tested by those who idle TO work and TOO unp
cipled to abstain from wicked acts.
In conducting your examination OF ncSusatohs OIL
crime marked by signal atrocy grave as well IN the deS
ttuon of moral principle necessary TO- Their perpetraonI
as in the heavier penalty that must follow conviction,
you will be viglant and searching. The human mind
naturally approaches the contemplation Of henous o.
fences with seriousness and cautions an investigation
them in this spirit due to yourselves to the posecu
tor the accused to society," and to the benecent gov
uhnuoC nd
In such cases. all that is valuable to man in this life
involved on the one hand on the other, obligation and
position invoke you 70 patent lneil'sens, hr n am ana
nish the only guides that those ntrused with the admin
isration OF Justice can know. Conformity to them her
is Indispensable to the welfare OF the community and
only safe rules by those to whom society has conhda
important trusts, would carry the innocent. with tn |
guilty into the dark field Of uncertain discretion with
TheHnass Of offences is OF a middle grade, neither
reaching to the highest degree of enormy, nor falling
low IN c%nsy as to bs S
These invite no remarks from the court; the inelgen
grand jury whom |. address understand their duty am
will perform It There is one description o. c, na. nTG
arises from the frequency of its occurrence and from m
fact that the injury it infcts falls in large proportion
those who are not always able to bear H. Inc mel
that have BEEN and it may be- will continue to be, per
petrated in this city are numerous Whatever can
done here to punish restrain and lessen this class ana
kindred classes OF OHenQerS III Is our SOlcWH uuty
by the industrious and intelligent application OF all INC
legal powers we possess.
To this vigilance bound in relation to all crimes
but there many acts often denomnated that scarce
ly deserve the name refer 10 prosecutions arising ou
Of transactions in which it is almost might say alto
gether-impossble to discern any criminal feature, an
which owe their institution more to bad temper ana
feeling than to any injury sustained to any desire
promote the public good If charges are presented tE
shall in your Judgment deserve this character, and
shall be persuaded that the public interest is IN no
concerned that they should be further prosccuted
respectfully advise you to dismiss them , III
To full hearing, the government, alleging that m
peace OF the citizen and his rights Of property or person
have been violated, is entitled before you. Despatch
criminal courts is of vital importance but 1t is such
spatch is consistent with thorough investigation an
deliberate consideration. The more rapidly trial an1
punishment follow the commission Of crime, the bete
but care must be taken that we make sure OF gum
With these guards, adding before the traverse jury w
largest opportunity allowable by law for defence,
speedy transaction of business makes 1t ethcacous;
brings consequences to the view of man about to conf
tract guilt; it conduces to the certainty OF punshmen}
dminshes the chances of escape and destroys the
of it.
You WILL gentlemen, concur with me, / trust, in theJ
views Let in several places lend our best eho
to the discharge OF the duties incumbent on US resP
lively; so shall we uphold social order, punish It's M
fraction, and strengthen its weakest points. o,n I
s. aa a,' 'THOS. HARTLEY CRAWFORD.
Extract from the act of Congress fad MARCH, 1885, section
the Postmaster General, all future lettings OF contfa
for The tran of he m the eve