The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-06-06
Court or General Sessions.


OOurs OF deneraI SESSIONS
BEFORE the Recorder, and Aid Franklin and Jackson
JvsE o. Grsnt jury The following persons appear.
% this morning. and we're sworn to serve "a grand
jurors during the present term Of this sourt Elias L.
smith, foremsni John D. Clute, Barker Grimm, Henry
=. Hoyt John NeMenomy, Burtis 6kidmore, John B.
Waistell Rowland g. Msloy, Hiram Russell George W.
Rose William Kerr, James Little, Francis Duncan,
George Il. Ball, Timothy Garrick, William n. Bromley
Inc Crane Inquest were then addressed by Judge
DAILY, who charged them ~ follows -
81, JUDGE DALY'S CHARGE.
As his Honor the Recorder from Q sense Of the deli
eacy Of bis situation Of the magistrates engaged
In queng the recent disturbance ct the Aston Place
Opera House Is DESTROYS Of abstanng from taking any
part In the trial Of those accused OF offences growing
out Of that affair; and, ss the whole matter viii be
brought before your body at the term the
devovss upon Of giving you the necessary instruc-
tons TO entering upon the discharre OF
your duties IL IL seldom gentlemen that the Grand
Jury Of this county are called to the dsshsrre Of
so grave and i'm a. that which will be
before you in connection with this deporable
renee The great destruction Of human life that at
the efforts of the authorities to preserve public
order the In the creation and sup
precision OF the disturbauo and the necessity which
exists for most thorough investigation, have invested
public st and imposed upon your body responsI-
bi,y of no ordinary character 1t is not to be dis
disposition to substitute force and violence to tho
peaceful Naturalization of the law has been upon the
Increase Officers of Justice in the pesceful execution
Of it's process have been deliberately shot down the
houses Of obnoxious individuals broken open their per-
IONS their property devoted to destr and
U
Ioleration and form Of government pre-. eminsntly
ectguiEing the freedom Of opinion Even places Of
ppIse TShp have not been from ,hs assault
siton acknow ledged by some that an organization o
individuals has long been kept up and is still main
ant in sister city for the pur pose of break
ing the laws With immunity under the sang an
pellstion of The Kiilersn Alarming as this state
OF things must be- aud as such acts are TO
stir the patriotism and rouse tho Of every right
minded citizen still more alarming Is the sympathy
viii ,uch astn that has found its w.v oven 10 tho
arm ~ the law been ria xed in tb nro.seution ~
Offenders but even alter their mars,rats,
An whom are tn ~ snng ,gor
az nuni,hment hay. tad ma. srt he 49, In an
solving offenders from the Of their acts
there II n government Uentlemen unon earth in which
an resort 10 Violence ia entireiv without
excuse n Ia that und.r which wa live In other conn
tries where the modern political MAXIM prevails Of
where government il thing spart-the great majority
of the have no voice In the regulation of the
in.tituiion. nv vhich inv "a l. not surnrs
inc thai thew hond occssonalv resort 10 Violence 70
obtain their riuhts NO other remedy being left them
But under Institutions like ours where every man is an
m TT of the government and has voice in the
creation OF its laws where the remedy for
rrievances and reforming abuses is both certain and
speedy an unauthorized appeal to physical force 10
own creation is the first object of the citizen and when
he refuses to render it, he the great prin-
cipe which holds republican commun together II
there is any thing which should take the form Of ma
tona sentiment among US 1t Is a poet for the ma
jesty Of the law 1t Is the vital principle Of peti
cal organizations recognized by the popular mind and
implanted in the popular heart 1t s to what oyalty
Is to the English what the for the State
wa war TO tns nations OF classic sn.2uy s true tnas
and that the application Of fixed and positive rules may
furnish but inadequate justice In particular insances
but he that objects to their general utility for this
would dtspense with the sun FOR the spots upon It's
ace In this refpect the law shares in the inrmities
OF human perfection being an attribute OF
the Deity alone Liberty with US Is not autonomous
WIN unIestraned iicenre IS consttutional term,
cnoodying IDEA AND mas notnng3mag native
dehned and oy IN tnS sloaI
s,hse III "ucn w unueetXhu ~. ~ ~ 'uo WY VI
We nave tnecons.l.uuona ngh' 70 cns.se Sus wnne
~ .oIoe, Wemo oouno W oey VS. Io1 'in stess
pom. gained IN me progress Oh Lnsnsn upery "nss
~ "ss copceeeo tuA' no man rss .oovs .ns i11i anu
the iiotef no" VINO surs UP commotion, SiAnis 70
e1efshe Pi'ih8o "n,cu We suPPo'e" ~ Asto "a
PRED with the bnrons oil the feudai ages Inc rut OF
tne CROWN OF civil noer'y mas pesn ING supsut9rion
oI the suPrenacy oI tue s~ ,1r tne sp't.Iy Hri VI
man anu ~ matters no, wue,net =. Is me VIII Ui one
man OF mIon, ior 10 tue ihoI.iuuai b"nere, 10 VI
niue consequence Nnether MS rights arc th'sueu
Single uehPot. OF Uhinpi,u upon Wy mop IN ei'ueI
csse ""u :, ., Ut, h ain, ~
aggregate ss In the concrete IL Is only py maintaining
me tupremscy OF he that the perty OF tue Inai
viduai can DC protected u is the only salrguaro 70
secure " rom popular violence OF sristocrAtic en-
croachment The great ebJect OF government whie
securing TO the individual the enJoyment OF ms rights
Is to preserve society from the extreme OF despotsm
or anarchy and consequently, from the founda-
ton OF the world, the condition Of Political society
has been but series Of experiments. That con-
y
individual most Of the advantage OF government With
the least amount Of its pressure and have
to believe past that we have
ed to it than any that has
In theory. we have certainly done so and we
have but to maintain practically the principles upon
which our institutions based to realise every thing
that government can bettow.
There considerations, gentlemen, have led me to
fer to the responsibility resting upon your body You
to investigate the facts connected with this
unhappy and to declare who shall be placed
upon trial a. the guilty actors in it The supremacy
Of the laws has been maintained, the peace OF the
city prererved after deplorable sacrfce Of human
life sacrifice involving the innocent as well as the
auity-and potent AZ should be the effect OF such an
example, its salutary effect may depend very much
upon the manner In which it Is followed up BY the
prosecution ana punishment OF the guilty. This
city has hitherto been In very great degree ex-
tmpt from such scenes OF violence and bloodshed.
II rs believe the rst instance In the municipal his
tory oil this city when the taking OF human life has
become necessary to maintain public order; and II no
obr means we're lett TO preserve the public peace the
suthoitIes by Vigorously maintaining the supremacy
OF even ~ the sacrifice of life have set an ex-
ample IN TINS great metropolis which may be felt In
t'e remotest part OF our wide spread confederacy
express tne nope That IN the duty you nave