The Santa Fe weekly gazette. [volume] (Santa Fe, N.M.T. [i.e. N.M.]) 1851-1854, 1852-12-18
charge Of Hon. Judge Watts


Charge Of Hon. Judge Watts
TO THE GRAND JURY OF TAOS COUNTY, IN
RELATION TO THE MORA EXECUTION.
Santa Fe, December l3, 1862.
Mr.. KEpHART.-Sir:-The following
is that portion of my Charge to the
Grand Jury at Taos, Nov. 22, 1852, re-
lating to the subject of 'Mob Law in
this Territory; copy of which you de-
sired for publication. Yoms &c.
J. 5. WATTS.
Gentlemen Of tie GRIND Jury:
Before concluding this charge, il be-
comes my duty to call your attention to
matter of the utmost Importance
The right to personal security is one of
the highest hrman rights, and no civilgo.
vrr>menii' answering the just ends of its
creation, where this right is trampled
undelIoot or dsregarded. For pur-
pose Of guarding this right, the trainers
Of our Constitution provided that,
"ln al criminal prosecutions the ac-
cused shall enjoy the right to a speedy
and public trial, by an impartial jmy of
the State and District wherein the crime
shall have been cou miited, which Dis
trict shall have been previously ascer-
tanned by law, and to be informed Of the
nature and cause of the accusations; 10
be confronted with The witnesses against
him; to have compulsory process for OBJ
laning witnesses in lis favor, and 10
have The assistance of counsel for his
defence "
in order that the people of this Ter
rlIory might secure the advantages Of
this prot' citing shield, thrown over them
by the onslituion Of the United States,
1t was provided in the 5th, 9Th, and 7th
paragraphs of the Bill of Rights pre6xed
to kearuy's Code, "lhat The right of
trial by jury shall remain inviolate.--
That in all criminal cases the accused
has the right to be heard by himself and
counsel, TO demand the nature and cause
OF the accusation, to have compulsory
process for Witnesses in his favor, TO
have the witnesses against him face 10
face, and to have speedy trial by a ju-
ry of his country" Not content with
all these securities, the Legislative As
senbly of this Territory, on the 18th of
July, 1861, passed law on the same
sabjecl, which provides that, M
"ln all criminal prosecutions, the ac-
cused shall have speedy, public trial
by an impartial jury, unless The accused
valves lis right to jury trial; he shall
not be compelled TO give evidence
against himself; lie shall have the right
Of being heard by himself or counsel or
both he shall be confronted with the
Witnesses against him, and shall have
compulsory process for obtaining witt
nesses in his favor; and no person shall
be holden to answer for any capital of
fence or felony but on indictment or in-
formation, unless the party accused shall
waive lIls right 10 an indictment first
found against him, except in cases ari-
sing in lhe land or naval forces, OF Of
fences against the laws regulating the
MALTA" !"
No further legal enactments are wan.
ting for the safety Of the persons of the
people. Blessed, as onr country is, with
80 many glorious recolleciions Of the
past and brilliant hopes for the future,'
ii will not do for the people merely 10
admire virtue and love Justice; they
must practice and enforce it. Obedi-
encc 10 the enaclmenis of our own law
makers, is at all times incumbent upon
the citizen. The eycntful history Of The
past has clearly demonstrated, that strict
conformity TO law is indispensable in the
administration of justice. The law proc
iects the citizen in the uninteruded
enjoyment of his rights, and provides for
adequate panishmentiur every violation
Of those rights, It is the business Of tbe
Legislative power 10 pass for the pro.
lection Of the people good laws. II is
the duty Of the people carefully to cAsy