The Athens post. [volume] (Athens, Tenn.) 1848-1917, 1855-09-14
A NOVEL. pROCEEDING-

he wished to call the attention of the Court
to certain matter which had been overlooked.
The Court having, with its usual urbanity,
signilied its Acknowledgment Mr.. Dickey |
proceeded to edIy the Court and electrily |
the Bar and outsiders, by reading series of !
interrogatories, which had evidently been !
prepared with some care, and which read, to |
the best Of our recollection, substantially MS !
follows:
What is the law in respect TO secret socic-
Ties of men, conspiring together for political
purposes, with an intention to control the
State, Congressional and Municipal elections
Of the country!
If the grand Jurors should discover that
there are in this county secret societies for
political purposes who bind their members by
an extra,judica oath that they will not tell
that they are member themselves, that any
body else, or that there is such an order IN
existence, and that they will in all things
(until regularly dismissed from the same) po-
litica and social, whether it eOmpOFts with
their personal preference or not, be governed
by the majority of their party, when legally
and fairly expressed according TO the rules
and usages of the ORDER will it be the duty Of
the grand jury to present the oilicersand men,
| bcrs of said societies for irving to accom-
plish a legal object by the use of illegal
means!
Is it lawful of any Judge or magistrate in
| this State to administer to any citizen of the
same an oath (ether with IN upli'ted hand or
upun the Holy EvangclisE for any purpose
| other than TO be used rs evidence before
some court record, or in obedience to the
| constitution and laws of the United States,
or of the State of Tennessee?
Is it legal for one citizen to administer to
another a solemn oath with an uplifted
hand or upon the Holy Evangelist?
If man violate an cxtra,judcial oath can
he be indicted for perjury!
His Honor, the Judge, replied in substance,
rs follows:
The enquiry made by tile Grand Jury is
certainly one that dill not and could not
have anticipated, and, hence cannot respond
to it as much in detail MS may be desired by
the juror propounding the questions to the
court. The terms of the enquiry imply that
there exists a secret political organization in
| this county subversivc of, or rrejudicial to
! public liberty and the institutions of the
country. Had | supposed, or had any reason
to believe. such state of things existed and
that criminal combinations were at work to
destroy our government, ! should certainly
have brought the subject to the attention of
the Grand Jury so far rs the parties might
have rendered themselves amenablc to the
State Laws. But not believing, and having
no reason to believe, there exists any such or
ganization MS that indicated in the enquiry of
the Grand Jury, ! respectfully suggest that
you would be more prolitably employed in
discharging the ordinary and legitimate duties
appertainng to your position. You are the
conscrvators Of the public peace, and the
guardian of the pnblc morals, for the time
being, and the duties growing out of these
considerations will afford you abundant en-
ploymcnt, without running off after doubtful
OF imaginary offences. 1t would be deeply to
be regretted if Grand Jurors or Courts should
so far forget their obligations and their dn.
ties us to be influenced in their official action
| by partisan or pc hica considerations. II is to
! be hoped that all good, all patriotic, men will
set their faces firmly, determnately, against
precedent fraught with 80 much unmixcd
evil. 1t is 4 matter of public history and GER
tainty that there are now and ever have been
in this conntry political societies and associ-
atoms, but have no evidence to believe they
| or any of them are obnoxious to the public
| laws Of the country. | know of no statute
| or principle of common law which forbids
snch organizations any more than Lodges of
! Free Masons, Odd Fellows or Sons of Tenn
pprance In conclusion, | say TO you that,
in my opinion, the enquiry of the Grand Jury
embraces no case calling for or justfying any
examination or action on the part of the Jury.
If you and will attend to our own business
and let poliics alone we shall find enough to
! do.
We noticed Mr.. Dickcy particularly after
his Honor had responded, and he looked n
good deal like the interesting young man
who 'Iet the bird CO." and that the result was
very different from what he had anticipated.
We learned on enquiry, that he was good
enough meaning man, without any remarka-
! Bile degree of astuteness, and is supposed to
have been the instrument of some person
who, were it possible, would carry party feel
! ing even into our courts of justice. The
courteous though meritcd rebuke which the
I Judge gave was sufficient, we think, to pre-
vent recurrence of the kind. If Mr.Dickey
will allow us to call his attention to the fol-
loving, he may derive advantage from it,
The Grand Jury of Buncombe county,
last summer, presented several of the Know
Nothing Councils. Subsequently old Billy
Jones, the Fool Killer, passed through Bun.
combc, and those Grand Jurors we're among
his first victims. In his report TO President
| Pierce, he says:
"The twelve Grand Jurors have fallen be-
meath my blows; but although blood has
flown abundantly, there is no sign of brains
upon the old mans club"
The moral is evident, and the application
inevitable. Mr.. Dckey may consider himself
fortunate that he is nota citizen of Buncombe.
WHARF.-The price continues at one dol.
/ lar. One hundred and nineteen wagons I'M
loaded at the Depot here on Thursday, the
9th. This county will export, of the late
! yield of the harvest, one hundred and sixty
thousand bushels. Other counties along the
line of the railroad, will, perhaps, do MS we'll
The three counties of Bradley, McAlinn and
! Monroe, from the information now in our
| possession we have no doubt will sell for ex.
port over 100000 bushels, at an average of
| nno 4 nIlor IN. L,.Lol Io,o tl,o, g