Weekly North Carolina standard. [volume] (Raleigh, N.C.) 1850-1858, 1855-05-02
CHARGE OF JUDGE SAUNDERS.

ing charge:
CHARGE OF JUDGE SAUNDERS
The Grand Jury applied to the Judge for instruc
tons as to whether it was an ndictable offence If it
should appear that Society had been formed in
this county, the object and design of which was, to
influence to join the Society and then by oaths
to bind its members to secrecy and to compel them
to vote against their wil for against particular
candidate. His Honor replied in substance, that it
had been said by high authority that few things arc
involved in greater doubt in the criminal law, than
the point at which combination of several persons
in common object becomes Illegal Ii this be so
in England in regard to associations OF a political
character still more must it be so in this country 1t
is the combination agreement of a number OF
persons to do particular act, that constitutes the
gist of the offence. But to make the conspiracy
agreement criminal, the act proposed mnst be an
MsofuI on the combination and agreement must be
to effect legal purpose by illegal means. The ad-
minstration of an oath to the members of any Soci
ETY. not dvulge its secrets, or to do or not to do
any particular act, is legally OF no binding obliga
tion and in moral point of view decidedly wrongs
The law only authorises the Judge or Magistrate to
administer oath in some legal investigation then
pending and of which the Magistrate may have
Jurisdiction; and unless thus administered, the par
even should he swear falsely could not be convicted
of perjury. If party's word of honor could not
bind him, unauthorized oath would not likely have
the effect of doing so. In England they have an
act of Parliament declaring the Society of United
I,ishnen and some other Societies as unlawful and
forbidding the administration of oath to its mem
bers according to the rules of the Society. But we
have such statute in this State and whatever may
| be thought of such oaths by Christian men, they
cannot be treated criminal. In this country par
ties and associations may unite together to carry any
political object by fair reason or argument and even
| hold out personal honors advantages to unite in
the support of particular men or measures. But if
any set of men should conspre together to elect or
defeat any one, who might be held up for any public
trust, by forcing the voter to vote against his will,
by threats otherwise, the act would be unlawful,
and therefore criminal. And if the Grand Jury
| should know that any such act had been done, it
would be their duty to present the offenders So if
| the Grand Jury should know or have reason to be-
eve that there existed in the county any association
of men, combined together to effect such purpose,
it would be their duty to investigate the matter and
act accordingly But the Jury should not institute
such an investigation, unless they had sufficient
grounds to suspect that such conspiracy did exist
and that for an unlawful purpose.
*One of the Articles of Faith of the Episcopal Church
and the Methodist Church is believed has Article of
similar fmpor-decares that vain and rash swearing is
that man may when the Magistrate requireth.'
NOTE BY THE EDlroR-See Methodist Discipline 25th Ar
ticle of Faith.
The Asheville News, from which we copy this
presentment and the charge Of Judge Saunders
says:
"t will be seen that the presentment of the Grand
Jury signed by sixteen respectable citizens coming
from all parts of the county. Eight of them are
known to be Wings and eight are eDemocrats-show-
ing that our people are almost unanimously against
the Order. Only one present declined to sign it.
The eighteenth Grand Juror, John w. Wells, ESQ.,
who had been called home, is known to be strongly
opposed to the Know Nothings It thus appears
that seventeen to one are against the Order. Does
this look badly for their strength in this county
after all their boastinge
It is scarcely necessary for us to remind our read
ers that Judge Saunders, for talent legal learning
and experience is second to no one on the Bench
He has been too, frequently praised and even eulo
gised by most of the leaders of the Know Nothing
, movement in this District. We trust therefore
that they will acquiesce in his views, able, learned
and conclusive, as they are, and for the future aban
don practices which are equally mschievous, wheth
er considered merely in political, or in mora
and religious point Of view"
> Comment upon the foregoing is not needed
1t speaks for ITSELF hescharge of Judge Saund
; ers is sustained by that of Judge Porter, of Penn
sylvania, recently given to a Grand Jury in tha
. State. Both these Judges are venerable for thei
years, and respected throughout the country fo
their virtues as men and as citizens, and for thei
profound legal learning. Judge Porter says:
"If any number of men combine to form them
selves into an association by agreements, vows,
oaths to cotrel the opinions and votes of any por
ton of citizens in the exercise of their surages
that they shall vote not according to their owl
choice the dictates Of their consciences bu
+ as majority Of such association shall determine
it is conspiracy, and punishable as such by indct
| fnent.
ri And you will remember that it is the agreemen
to do the act that constitutes the crminalty even
the act itself be not done. It may be well here t
observe, that, if any person persons shall hav
: unthinkingly, unadvisedy, or without being awar
of cha ptnr0 of dc1cI
association or taken upon himself any such vows