Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1850-03-21
For the STATE Sentinel.
The Grand Jury System.

For the State Sentinel
The Grand Jury System.
see that the Richmond Palladium and some 9th
ers have been taking notice of my article urging the
abolition of the Grand Jury system, and they
to think this cannot be done by approaching Con-
vention, without violation of the fifth section of
the amendments to the Constitution of the United
States. Now if this cannot Re done without such
violation, am the last one who would ask it. But
as in your paper of the 7ih inst. you ask "what has
our friend "P" to say in answer to the Palladium J"
sny that the section of The Constitution of the U.
s. referred to- is ,ehony confined prosecutions for
crimes against the United States of America, and
does not extend prosecutions for crimes against
the State of Indiana.
The State of Indiana is competent to determine
what shall be crimes against her sovereignty, and
hoU they shall be tried and punished, without the aid
of the United States But little examination will
sy any who will take the trouble to examine them,
that these amendments perfectly define the pow
of the u. s., than the original Constitution did,
and are not surrender of any rights by the States.
The first prohibits Congress from establishing relig
ion. The second prohibits Congress from depriving
the people of their right 10 keep arms. The third
prohibits the United States from quartering soldiers
(the State can have no soldiers) in houses, &c.
The fourth prohibits Congress from passing any
law making insecure the persons and papers of the
people by searches and seizures. The fifth prohibits
the United States from putting any person trial for
high crime, unless he has been presented indict-
ed by grand jury, except in arising in the land
napal forces in the militia when in actual SER
vice, in time of war or public danger. This Ian
guage clearly shows that the provisions of this Sec
rala he Init nd ,ba
States. The u S. aud not the State have land and
naval forces, and militia in actual seruice Time Of
,car. ss-ss>-s
The sixth prohibits the u. S. from trying
for criue against them in any other State than the
one in which the offence committed. Why this
prohibition if the section applies 10 individual States
Did any one ever suppose that State could enforce
her criminal laws in another Statei Yet this must
have been the understanding when this section
adopted if restraints the State in her prosecutions
for offences against her. The seventh prohibits the
courts of the U. S. from trying any common law
cause for twenty dollars, if either party demands
jury, and prohibits the 'courts of the United States.
from re-examinng any tried by jury in any
other way than according to the rules of the
law
So with all these articles; they restrictions on,
and definitions of the powers that it feared would
be claimed by the U. S. under the old Constitution
The tenth is as follows. "The powers not delega-
ted the United States by the Constitution pro-
hibted by it to the States, reserved to the States
respectively or to the people," Now let me ask what
clause of the Constitution of the United States dele
gates the power 10 control State as to The prosecu
ton Of offences against heri And is it any where
prohibited 10 the State to fix her way of prose-
cutting offences against her! If not. then these pow
reserved TO the States or the people. All these
provisions that applicable to the Stale, such
placed in State Constitution, and why all this
repetition if they related to the punishment of crimes
against the State! p.