Weekly Indiana State sentinel. [volume] (Indianapolis [Ind.]) 1853-1861, 1855-05-10
From the Raleigh IN. {

the following presentment was made by the
grand jury;
The Jurors for the State, upon their oaths,
present; That they have reason to believe
that combination of mon, commonly called
Know Nothings," exists in this county, one
of the objects of which is, by binding men
with extra-judicial oaths. secretly administered
and by other secret obligations and By threaten
ing their members who offer to withdraw from
the order, to control citizens of this county in
the exercise of their right to vote conformably
with their own free will, as contemplated blythe
constitution and laws of this State; and the said
Jurors are ready, if the honorable court shall
so advise, to furnish, for the information of
the court and the solicitor for the State, a
list of witnesses 10 prove these facts; and
whether this is violation of the criminal
law, and what is their duty in the matter,
they, the said Jurors, are ignorant, and pray the
advice of the honorable court in the premi-
| ses
d.. r. Berts, foreman.G. j. d. Garrison,
jeremiah West, Joseph Miller,
H. Lindsey, Elijah Morgan,
Sims Ownbey, Jos. Barnard
G. w. Hampton, A. NJ Gudger,
! L. o. Roberts, Robert Hawkins,
Jas. M. RAY, John McMerill,
/ L. Warren, E. Heren.
The jury having presented this secret or
ganization, inquired, in conclusion. of the
judge what was their duty in the matter;
upon which inquiry thus made, Judge Sam
ders delivered the following charge
CHARGE OF JUDGE SAUNDERS
The grand jury applied 10 the judge for in
structions as to whether it was an indictahle
offense if it should appear that n society had
been formed in this county, the object and
design Of which was to influence men to join
the society, and then by oaths to bind its
members to secrecy, and to compel them to
vote against their WILL for or against a par
ticular candidate His honor replied in sub
stance, that it had been said by high author
ity that few things are involved in greater
doubt in the criminal law than the point al
which a combination of several persons in a
common object becomes illegal. If this be
so in England in regard to associations of 9
political character still more must it be SC
in this country. 1t q the combination Oh
agreement of number of persons TO do {
particular act that constitutes the gist Of the
offense; but to make the conspiracy or agree
inent criminal the act proposed must be I'm
latofd, or the combination and agreement
must be to effect legal purpose by illegal
means. The administration of an oath to the
members Of any society not to divulge It's Sc
crets, or to do or not to do any particular act
is legally of no binding obligation, and in
moral point of view, decidedly wrongs TIL,
law only authorizes the Judge or magistrat
TO administer an oath in some legal investiga
ton then pending, and of which the magis
T trate may have jurisdiction; and, unless thu
administered, the party, even should 1t swea
falsely, could not be convicted Of perjury
If party's word of horror could not bin,
him, an unauthorized oath would not likel
have the effect of doing so. In England the,
have an act of Parliament declaring the So
ciety of United LffShmea and some other so
, cieties, as unlawful, and iorbidding the adj
ministration of on oath u its members, accor
ding to the rules of the society But we hav
no such statute in this State, and whateve
may be thought of such oaths by Christian
men, they cannot be treated as criminal Il
this~country parties aud associations MAJ
unite together to carry any political objee
} by fair reason or argument, aud even held on
personal honors or advantages TO unite in tn
! support of particular men and measures. Blu
if any set of men should conspire togethe
to elect or defeat any one who might be hel,
up for any public trust, by forcing the voter t
vote against his will, by threats or otherwis
the act would be unlawful, and therefor
criminal. And ifthe grand jury should know
that any such act had been done, it would b
their duty to present the offenders. So, If tn
grand jury should know or have reason to be
lieve that there existed in the county any asso
citation Of men, combined together to eifec
such purpose, it would be their duty 20 in
yestigate the matter aud act accordingly. Blu
the Jury should not institute such an investiga
ton unless they had sufficient grounds TO sus
pect that such conspiracy did exist, an'
that for an unlawful purpose
The Asheville Ncs0s, from which we cop,
this presentment and the charge of judy
, Saunders, says
at will be seen that the presentment Y la
grand jury is signed by sixteen respectabl
citizens, coming from all parts Of the county
Eight of them are known to be Wings ant
eight Democrats that orr peopl
are almost unanimously against the ORDER
Only one present declined to sign it. Tn
|, eighteenth grand juror John ". Wells, Esq
: who had been called home, is known to
strongly opposeI to the Know Nothings.
thus appears that seventeen to one are agains
: the order. Does not this look badly for thei
, strength in this county, after all their boast
, ing?
at is scarcely necessary for us to remin'
! our readers that Judge Saunders, for talent
legal learning, aud experience, is second to n
one on the bench. He has been, too, FIRE
quently praised and eulogized ly most of tn
leaders Of the Know Nothing movement /
this district We trust, therefore, that the
, viii acquiesce in his views, able, learned, ant
: conclusive, rs they are, and for the iuhr
. abandon practices which are equally mischiev
| olis, whether considered merely in political
: or in a moral aud religious point OF view
Comment upon the foregoing IS not needed
IL speaks for itself. The charge Of Judg
Saunders is sustained by that Of Judge POI
i ter, of Pennsylvania, recently given 10
grand jury in that State. Both these Judge
: are venerable for their years, and respecte
: throughout the country for their virtues a
r. men and as citizens, and for their profounr
: legal learning. Judge Porter says
r. % If any number of men combine 10 form
K themselves into an association by agreements
It vows, or oaths, TO control the opinions az
J. votes of any portion of our citizens in the ez
o ercise of their suffages, so that they shs
l. vote not according 10 their own choice {
If to the dictates of their own consciences, bt
a. sOne the articles Of faith Of tue Episcopal Church
and The Methodist Church, IS believed, has arie
Of similar importdeclares that vain aud rash swea
Ing sforbdden Christian men by our LORD Jesus Chrls
. reth.''
/, Morn BY TIE EDrToR.-see Methodist discipline, IS
article Of faith