The republic. [volume] (Washington [D.C.]) 1849-1853, 1849-12-07
Criminal Court.

GENTLEMEE OF THE GRAND JURY: The con- mand
the law has brought you and the Court to the dis
charge of the duties which it imposes. Among the
first of the of every regulated civil socie y has
been the institution of courts and luries TO roect
life, reputation, and property; and it is surprising
that systems should have been adopted SO we'll an
swering the purposes and objects of their projectors,
that, after the lapse of centuries there should have
been found in the exigencies of society so few
sons for changing Them that they are substantially
what they were as far back almost as their origin.
Cruel and barbarous modes OF trial, which never
existed here, have long ceased and been abolished
in England. Matters of detail have been altered
and improved statutory prohibitions have extended
the calendar OF crime, and the enlargement OF the
human mind by more general education, combined
with the refining and soitenng OF the heart by the
advancement and culture of modern times, has
mitigated the severity punishments; but the meth
cd of testing the guilt innocence OF those accused
of crimes, by the fundamentally of juries, is very
much of what it when every thing else was
very different The public mind is deeply i'm
pressed with the conviction that yours is Office
of the first consequence in judicial criminal inquiry
How graceful and becoming II Is, In those who oc-
cupy place venerated for its antiquity, so APP
proved for its usefulness, dgnified in ITSELF to
manifest, in the discharge of their high duties,
those qualifications for the position which justify
their selection to the honor of filing it, need not
say to the gentlemen am addressing.
In every civilized association of men, sovereignty
is lodged somewhere; that is, power exercised
without authorized human accountability. In our
government, productive OF SO many blessings, So
cial and political, this supremacy belongs To the
great body of the citizens, who in the forms they
have prescribed to themselves, in our admirable
constitution, alter, amend abolish, and substi-
tute, they shall Judge meet. In u modified
sense, the law, which Is the expressed will of the
people, is, in the every day administration of it,
the sovereign power of the land. No man, of any
official grade, high or low, i'll the various branches
of the public service, can do single act but by its
thay, tIunn Dfn
in life can run counter to it, without mourning
penalty and yet, lightly does it rest upon U.S.
that, although it is the fountain of all our blessings,
it is more felt by virtuous individual than the
weight ofthe air whchsurrounds and presses upon
us on all sides, without which we would instantly
die, is felt by healthy man. AS we value this in
estimabe right of being governed by ourselves,
and desire the perpetuaon OF its rich fruits OF pub
lie prosperity and private happiness. 1t is essential
that there should be submission to the rule of the
law and that the refractory and those who hold for
nought its restraints should be compelled to their
observance. You and are in part entrusted with
the duty of enforcing those restraints; and poorly
shall we return the public confidence if they are
broken down eluded, through any negligence,
nattenton, ncapacity of ours, by those who
have earned punishment by crime.
Ii is not improbable that, at this term, many
complaints will be preferred, and many accusa-
tons be made before you. All who present them
selves entitled TO hearing, and many, doubt
less, to your favorable ear; but many also there
without any real or well founded claim to be there.
Prosecutions may originate, and occasionally do,
from very slight causes which personal feeling
magnifies into grave offences, and rudeness and
insolence converted into actual personal injury
by the same agency. Besides, malevolence and a
thirst for revenge known TO have originated
criminal proceedings, and even sordid motives
supposed to create business for you and the court.
II you shall find, after proper examination, com
plants to have either ofthese taints, respectfully
advise their rejection.
Offences in the largest proportion of a middle
description and arc usually committed by those
who have not lost sight of all moral principle, who
yet feel something of the teachings ofchildhood and
carly life; or, If they have drifted away from the
anchorage of igion and morality, fear the hand
of legal power Such offenders it is vastly import
ant TO visit with appropriate punishment 1t is in
such that the hope may be justly entertained
of placing check upon vicious propensities. If the
crime be the first departure from correct course,
an adequate punishment may make 1t the last or,
if the criminal be held TO his duty only by fear,
suffering may outweigh his addiction 10 vice. Upon
your impartiality, vigilance, and discriminating
scrutiny, will depend the trial and conviction, If
they ought TO be convicted, and the discharge or
acquittal if they ought TO be discharged acquit-
ted of those who shall be accused before you. You
will always bear in mind that it is as incumbent
you 10 dismiss the innocent as to reach the
guilty. The evidence which you shall hear, with
the knowledge that gentlemen of your experience
cannot fail to have of the world of men, and their
transactions and relations to each other, will con-
duct you TO right results, so far human under
standing be relied on; for after the devotion of
time, mind, and conscience, 10 the performance of
our respective duties, We may err This is the lot
of man. but If lay our hands upon our
hearts and attribute TO ourselves want of atten-
ton, Partially, a full and fair exercise of our
several capacities, we shall have peace of mind and
the appreciation Of the community.
The offences referred 10, if undetected, remove
what may remain Of principle in the breasts of those
who Dammit them, and lead to the preparation of
the highest and blacklist crimes Men rarely reach
the extreme of villany by single leap. The ties
which bind individuals 10 social duty, Just regard
10 the rights Of others and fulflmcnt of the obi
cations that the law imposes upon every member of
society, are broken one by one. The punishment
OF comparatively small crimes is one Of the most
effective prcventiyos of great ones The latter
arrest the attention, and sure To receive they
ought, the most thorough investigation, and the
cxertion of every proper legal measure for their
exposure
The higher offences against propcrty-burglarics
and larccnies 10 large amount-my judicial cx-
pericnce warrants me in saying, more frequent
ly committed by non residents than by those whose
homes are in the District. The peculiar condition
of society here affords wide field 20 the unprin-
ciplcd, who would rather live by pppropriatinp Ia
themselves the property of others than by honest
industry, and allures rogucs TO this city. These
facts do not relieve US from the pain and mOrtifca
ton of knowing that an immense number Of crimes
arc committed by those who live around us, and
sorry am ] 10 say, chiefly by young persons. /
wish COuld speak more iaVOrably OF the exercise
of parental control and instruction. II is possible
that there may be few who despite all effort at
home, run wild in vice and fill That home with
misery; but IL may be confidently asserted that if
there had been proper Of the power of restraint
and coercion which belongs to parents and guar
dams; II the objects of their affection and care had
been educated to the full extent Of their capacities
! and the means at commands; and if the exampl, of
vrtuous lives had been constantly before them we
should have found useful and happy men where VIC
now see the prohigate and abandoned, who seem
to live only to annoy and njure the industrious
and orderly
Your duty, have entire confidence, will be dis
charged in a manner BETTING your personal stand
ing and your official position that injustice shall
/ be done neither 10 the Government nor 10 the un
| fortunate persons whose conduct shall be brought
| in question before you. Allow me, gentlemen 20
add request for as much expedition as shall com
| port with careful examination and full dclibcra-
/ ton.
FfRE.-On Saturday morning last the building
| on Niagara street known the Old Clock Factory
was entirely destroyed by fire. IL was occupied as
a joners and painters shop. The occupants suf-
ieIed pretty severe loss. As no fire had been used
in the building this fall the inference is that il was
/ the work of an inccndiary.