Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1850-02-28
For the State Sentinel.
The Grand Jury System.

As convention Is to assemble 10 remodel
civil and political Institutions, it is proper that
the attention of the people of the State should be
called In all real supposed defects in our
present system, and that remedies or substitutes
should be pointed ont to take their place in pro-
posed new system Of State Government.
In my judgement the Grand Jury is a vicious, or
tn say the least of it, u-eIess nppendage to our
courts and to hcaihful and just system Of criminal
Jurisprudence and oug ht to be abolished.
! II is maxim Of law that all men presumed in
nocent until they duly convicted Of crime, which
maxim is rendered nugatory and in fact is reversed
by the intervention of Grand Jury, for as soon as
indictment is found by this body. (aIthough not
duly conviced) the accused in fact is believed be
guilty by the public. The institutions of State
should be such to command the respect and conf
dence of the people, and should be such cal
culued guard from blight suspicion and stain ri,e
honor and character of all upon whom they operate
The Grand Jury is not such on institution. II has
not the confidence of any one; mean confidence
that s proceedings will be impartial and that full
and enlightened hearing and consideration will be
given to all subjects brought before them. If we
have this confidence must have it against reason
and the nature of things for the evidence the part
of the State only is heard and the part of the
accused, ard is it possible that justice re done
before such body hearing but side of the !
The finding of Grand Jury is blight and mildew
upon a mans character which time circumstan-
ces can efface, and all this is done hearing only
one side, and perhaps the weaker side Of The evil
dence, in silent conclave where the citizen cannot
be allowed to defend himself.
How many are there in the State whose char
acers have been more less injured by the cause
less, the wanou, the l-advised finding of this
cret inquistiun, who when placed before court and
"a traverse jury, were able to show and prove tha,
there was not the least ground for criminal charge
against them.
The intelligent in every county can point out more
or less Of these who have suffered in this man.
ner, and whose characters in fact about much
injured though they had been convicted and ecu,
to The Penitentiary.
large portion of the ignorant of the community
and especially the members of the Grand Jury who
found the indictment will think and say that the ac
cused ouly got clear by flaw in the papers, ol
the chicanery of bis counsel. have seen and knowr
more than one case of this kind. Ought the charac
ter and liberty of American citizen to undergo sc
injurious investigation by secret tribunal befor.
must be forbidden by every principle of justice ant
liberty.
Whatever may have been the necessity or utility
of this institution in England, 1 satisfied tina
neither exists here.
1t Is incompatible with notions of fairness, an,
inapplicable to Institutions. Il is not true ever
that it is valuable the British subject in protecting
his liberty, that it Instituted for his benefit
II was organized by the British Kings (at an earl,
period il is true), operate and sit as a secret sp
and informer against all those who were in fact o
were thought TO be wanting in fidelity to the British
Crown or Laws.
But If the same practice prevailed with us tha
does in England the system would be- less objection
able in my mind. There Gn Englnnd) the Gran
Jury never finds Indictment, but such are prepai
ed by the Crown Officer, answering to our Prosecuting
Attorney before the Grand Jury is called, and o.
their being sworn and charged, they are handed &
the foreman of the Jury with the names of witnesse
to sustain each endorsement on the back; and no 9th
er witnesses examined and no other indictment i
found. Then the subject knows whether he is or
to be charged before the Grand Jury and in thi
he has the advantage of our citizen who very fre
quenty knows nothing of the matter until he is serv
with process issued upon the Indictment
The habit of our Grand Jures examining at ran
dom and without special direction of the Court
fully explains the reason why not one out of ter VIII
are indicted for felony convicted.
il would be BETTER chenper, farer and more manly
to have oil criminal proceedings open to ALL an
that the accused should be at liberty from the first
The last step in the prosecution, to meet bis accuser
, in public, face to face. p.