The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-09-08


for capital or otherwise Infamous crime unless ON
presentment or indictment ofa jury trial byjury
as heretofore ufed right Of the prisoner to demand
the and the nature Of to be confront
cd with the and witness to call for witness in
his favor, to be heard by himself his counsel;
speedy trial. free exercise and enjoymen Of religious
profession and worship; the privilege Of the writ Of ha
prison and forces its secrets to be revealed and free
press, posted q sentinel, by the constitution Of
free country to warn the people Of their danger We
corded rights, security for justice Charters and
written articles often forgotten with the occasion
en- which they are framed conscientious belief in
fend them, at all hazards, is the only bulwark
which we can safely rely II public opinion be right,
our government cannot be wrong; the safety Of
person and property have other foundation Tor their
preservation. Public opinion has abrosated the old
constitution and formed q new one without parade
or excitement exhibiting the sublime spectacIs of the
highest attributes that belong to people -selfgo
yernment. You exercise most important part in
the administration Of criminal justce-in the compl-
Gated machine, you are the great motive power. The
court remains at rest, until moved by you they
f tty rnrar pmn' 3 upon .ne gu's
generally exercised as intermediate after the arrest
by order Of the committing magistrate. He commits
upon probable cause you ndict upon evidence su'i-
cent satisfy you Of the guilt OF the accused You
have however the preliminary power TO originate
BILL IL you fit TO exercise it. If your right OF nd
ing bin depended upon the committing magistrate
your accusing prerogatve would be subject his WILL
and the institution Of the grand jury instead Of being
the people Of the office and the manner Of judgment
in Bringing all criminal questions TO the tribunal Of
their peers, who in judging Of their fellow citizens,
prescribe the condition II life and liberty to them
selves. The accusing power should remain with the
people Take away this power from the grand jury
and Of the pillars that sustain temple Of liberty
is removed Judge Blackstone says, The liberties of
England caaDot but subsist, so long as this palladium
remains sacred and involate not only from open at
tacks (which none will be so hardy to make) but also
from all secret Vaccinations, which may sap and
dermine it, by introducing and arbitrary methods
Of trial. by justices Of the peace" He says these i'm
reads upon the sacred buwark Of the nation fun
dam,ntally opposite to the spirit OF constitution
The court have no right to quash an Indictment
found by you, on the sole ground that II originated
with you The exercise OF this power IL ino-
vation, and, IL established, Is a most dangerous
precedent and moy deprive grand uries Of their
Irerogstive in questions Of the nome
ctTn Tie laws eDjoin upon the presiding judge to
call your attention TO the following subjects IL You
not disclofe the fact OF Indictment having
be. found against person for felony net In actual
confinement, until the defendant shall have been
arrested thereon. You will inquire into all vo-
lsops Of the law sgsnft lotteries and the selling Of
lottery tickets. o. You will inquire into all violations
q the law 10 prevent uspry 4 You will inquire into
any vi, atcn Of the act for the efTeotusl pre-
y,nton of fires In the city Of New York g. You will
inquire into any violation of the election laws The
form Of ycur oath obees you "to preeent sll such
matters aud things as shsll DO given you In charge,