The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-05-02

N0w-NoTHIEGIsM PRESENTED BY THE GRAND
JURY OF TIRE COUNTY OF BUNcOMBE


constitution and laws Of this State aud the said jurors
ready the honorable shall advise 10 furnish
for the Information az the court and the solicitor for the
Stale list Of witnesses prove these facts and whether
Ibis is violation OF the criminal law aud what Is their
duty in the matter they the said jurors are ignorant and
pray the advice Of the honorable ia the premises
ID. ]. r. Berts Foreman q. j. ID. Garrison
jeremiah West Joseph Miller
II. Lindsey, Elijah Morgan,
Sims O~nbey Jos Barnard
g. w. Hampton a. NJ. Gudger
+. q. Roberts, Robert Hawkins,
Jas NJ. Ray, John McMerrcll,
U. Warren r. Herein.
The jury having presented this secret organization in
CURED in conclusion Of the Judge what their duty
the matter upon which inquiry thus made Judge saan
ders delivered the following charge;
Charge n Judge Saunders
The grand jury applied to the Judge ior instructions
whether Ii ndictabe offence il il should appear
that society had been formed in this county the object
and design Of which influence to join the soe
ETY. and then by oaths TO bind its members 20 secrecy and
compel them 10 vote against their will for against
particular candidate. His honor replied in substance that
II had been said by high authority that few things in
voved in greater doubt in the criminal law than the point
which a combination of several persons In common
object becomes Illegal II this be in England In regard
associations Of political character still more must Il
be in this country IL is the combination or agreement
OF number OF persons 10 do particular act that constr
the gt of the offence but to make the conspiracy or
agreement criminal the act proposed must be urd or
the combination and agreement must be TO effect legal
purpose by Illegal The administration of an oath
the members of any society not to diyuge its secrets or
do not to do any particular act IS legally OF no bind
ing obligation, and, in moral point Of view, decidedly
wrongs The law only authorizes the judge magistrate
to administer oath in legal investigation then
pending, and of which the magistrate may have ln-
risdction and, unless thus administered, the party,
even should he falsely, could not be convicted
Of perjury. If partys word OF honor could not bind
him. an unauthorized oath would likely have the effect
of doing In England they have an act OF Parliament
declaring the Society Of United KShne and some other
societies unlawful and orhdding the administration
of oath its members, according 70 the rules OF the
society But we have no such statute in this State and
whatever may be thought of such oahs by Christian men
thexG--not be treated criminal In this country par
and associations may unite together TO carry any POI
cal object by fair reason argument and even hold our
personal honors advantages to unite IN the support OF
particular men or But If any set OF men
should conspire together To elect defeat any one who
might be held up for any public trust by forcing the voter
10 vote against his will by threats otherwise, the act
would be unlawful and therefore criminal And il the
grand ury ahould know that such had been done
Il would be their duty to present the offenders So u the
grand Jury should know have believe that there
existed in the county any association Of combined
together effect such purpose it would be their duty 10
investigate the aud accordingly But the jury
should institute such investigation unless they had
sufficient grounds suspect that such conspiracy did
exist and that for an unlawful purpose
The Asheve News, from which copy this present
ueut and the charge Of Judge Saunders, says
1t will be seen that the presen Of the grand jury
signed by sixteen respectable citizens coming from all
parts of the county Eight of them known to be wings
and eight are MISUNDERSTANDING that people
almost unanimously against the order Only one present
declined sign IT. The eighteenth grand juror, John w
Wells esq, who had been called home, is known TO be
strongly opposed to the knownothngs 1t thus appears
that seventeen 10 one are against the order Does not this
look badly for their strength in this county after M their
Il is scarcely necessary for remind readers
that Judge Saunders for talent legal learning and expert
ence, is second to the bench He has been too
frequently praised and euogzed BY Of the lead
ers of the kuow-nothng movement ia this district We
trust therefore, that they viii aequesce in his views able
learned and conclusive they are, and for the future
abandon practices which equally mischeyous whether
considered merely IN POLITICAL or ia moral aud reli
gious point of view"
Comment upon the foregoing is not needed It speaks
for itself The charge of Judge Saunders sustained by
that Of Judge Porter of Pennsylvania recently given to
grand jury in that State Both these judges are yenera
bic for their years and respected throughout the country
for their virtues and citizens and for their pro-
found legal learning. Judge Porter says
If any number of combine to form themselves into
an association by agreements vows, oaths control
the opinions and votes Of portion Of citizens in the
exercise OF their sutrages so that they shall
eordLg TO their own choice the dictates of their own
consciences but majority of such association shall de-
termine IL is conspiracy, and punishable such BY in
dctment
the act that constitutes the crimnay ii the act itself
be not done II may be well here observe that If any
person or persons shall have unthnkingy unadvisedly
or without beng aware Of the criminal character
act joined such association, taken upon himself any
such VOWS, obligations oaths they are not binding
upon him in law and ought be in morals He will
enact the part of good citizen by cschewng all such fell
owship or association, and abandoning the illegal enter
Prise
Both these charges describe beyond question the secret
order known rs knownothings and the path of duty has
therefore, been clearly laid open before grand ures of
he country The depraved deagogues and disappointed
party hacks who control the members Of this order ma
vince and wthe in view Of the exposures and the penal
lies to which they have voluntarily made themselves liza
Die but no amount nor Of abuse which they NAV
indulge in will change the Of the law or the charac
er OF the enterprise in which they engaged There
ire worthy and honest still in the order in this
State and to such we would appeal again aud again 10
onae out into TIE tgt 10 tegpe he organization once and
0rerr and be as they before independent eee re-
ponsble 10 no midnight association, bound by horrd
'atbs for the manner in which they shall exercise their
lights at the baliobox Let them follow the examples Of
iessrs Leach, Hicks Cantre Tate and others If they
IRE democrats they win be welcomed back to the fold from
which, in an evil hyr they have srayed If they are
Wigs they will meet the applause Of many Of the old
henry Clay wings who have preserved their garments
ganst the touch even Of th corruption Of ths order
shall be glad to have the cooperation and assistance
nch wings IN the contest going with this uuscru-
ulous midnight adversary.
The article Of faith 10 the Methodist Discipline referred
. above BIZ the Asbeyc News is a follows;
Aswe confess that vain and rash swearing I forbidden
hrstian mea by Lord Jesus Christ and BY James Ills
pose so we judge that the Christian religion doth not
rohbit but that may swear when Inc reeristrnts
squireth 10 Of faith and charity Il be done ac
ordlng TO the prophets teaching-in Justice judgment
nd truth