New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-10-03
tNFsNNhLiNG OF GhASp Jtkt
The following gentlemen were impanae'ed as

The foiowirg gentierlen were nnpAnae'e1 u
Grand Jury for the present term, viz:
cHAsLEs A DAVIS Eorsrsa.
ISrs AsHss PSsn tn ss
Ch,r,. Crsre, Jane, b r,1loF. ,,Oa.ra l. JOsa'e''
TSous A Davies, sA@rsi $ oss.,.a' Jane: " o..
Tie Judge then gave the charge Of the. Court as
follows
CHARGE OF JCDGE ROOSEVELT re- rHF 6R.sD JURY.
The oath. gentlemen which as Grand Jurors you ar,
required to take for all ordinary purposes sufficiently
defines your powers and duties 1t well calculated also
to impress upon your minds the high responsibilities
resting upon the Office, temporary though il be- with
which you have been entrusted. The Legislature,
however, By specifc enactment, has made Il incum-
tent on TIE Benca in some matters to be mofc par
ticular in Addressing you.
Among other statutes of that character is the one
recently passed. for the prevention OF int nperaoce,
and its amos; nvariabe consequences, paupersm and
crime By the twenty-third section it Is declared to
be the duty Of the presiding Judge OF every Court
" Of Oyer and Terniner specially TO charge every
" Grand Jury to inquire into all volahons OF or OF
" iences urder this ect'
reed not Inform you, gentlemen, in this City ct
eas that the leading provisions of the act referred to
az daily and hourly violated that the consumption OF
ntSIesn. quCr. Instead Of being rs, to A. sp
Ct tbSs. are proper .clsscts for Are
defective srmnsrston OF poviicnr much more Sc
ous question: in the defective powers OF the Lerslaturel
Thai inSned by its authorsunless suppose
them chargesbe with the absurd foly,o apply . well
foreign domestic hqucT7 there eanno, De DOUBT VI
.trss nOt e1.c'y i1uet adn Of
eoe and beer while The fiery torrent Of French brandy
ardent wines Of Spain and rorusl was len 70 course "
Assunna however the meaning OF ths Lessaate 70 %
Efficiently clear and to be expressed with sufficient pr'
81 sb rather their want OF power over the subject
The Constitution Of the United States, Gsnsmen, a. you are
passed pursuance OF it, within their sphere the supreme
law Of the lard Ard TO prevent all possee evasion o. thus
sred h, .he judge. every Sat, shall ondeI OATH 30
bound thereby anything the CONSTITUTION or laws OF any
Among the which Congress y the terms Of the Coust
passed and which therefore rev the supreme
laying duties specifically oy name on wines baodie and Omar
liquors. And these duties in the language Of the Con
sutior been laid and be collected in orde. to
the debts and provide for the common defense and gen.
Can ssi,se Legislature heuf may auy number may
without the consent Of say 10 effect thst one woo
branch Of the Of the Fs0era Gernment expressly
provided by its support shall be cut od Or sup
pos f. - rest the Whole support Of the Federal dovernmout
It's from wines and brapde would " IN ,aen
,.. o o' ,r.ct b. without their r.pec,ve arscton. no
braudies should be consumed taere can be con-
portsud II importation. nc revenue rom
impOrsnd without revenue, no Govenmsnt state or feae
eht,rcop am aware, bv been drawn between broken
and orgn PACKAGE Distinction seems to me IN view
c
object Of the statute IN question, and OF al n5e
Is total abstinence not voluntary, but enforced o pen
stbou al even on that point We al know there
great diversity Of opinions sill the question IS can a, object
o the Federal Government Tho supreme Court Ct
Wellington have already decided that an act o. the s,.
licepse du bic origins packages, ws void But
they have not decided may nave .ps b.n y
had required license however high premium even 20
s 1Ie Ne pe wa. before the Court fer their decu
The distineton then to original packages MAJ De per
.ho ud say is wholly aI cful an in degree real state
being from asS T w.n %
ports cannot It word do SO indirectly Inc cyose
UNSATISFACTORY either species Of legislation These
Suepcs a1e destruction less total OF tho means on
II, very esisteoce-mesns which the leading object Of
Constitution, oistoaaishea from te old articles OF
No State admitted end srch the express OF che
Constitution without toe consent Of Cone,es' .y any
bibon the ate Legssures without the consent Of Con
instead Of lsyins duties on imports and -
the packages when imported shall not be broken and sole fo
cor p .sy 1 Gn % Rpn poo more
proper application from indivi pa Stite-n the alb
seasl. pIas
sS ys On bc tns %pos S G Il no
the treasury Of ths United sste but at rates 80 high
eaecuAy to diminish and eAp'deAt to de' roy their
Importation into such State.
was not purpose spt!emen 70 address You a. large on
attention. express very decided op MON IN e.srd 60
Those questions IN est snSasa nov 2
review the Cour Of Appeal. As tssy are snea 70 Pes
by soon have The views OF tribunal 9Th 1t
proper add however that tser judgment agsnst tne
subject BY further appeal to the supreme Court at
Washing whose decision IN that case viii alone De ha
upon il as you may deem expedent- being made duty
by the legislature already stated specially 20 charge you
e. sccordnsy do 70 iaqure into all Vi'a 'ns o or
otenses under its provisions.
Il also my duty specially to charge you to inquire into
all yostons Of the ts ~ law, tie election law the umy
law and the law against exaeng prohl'ed ices oJ po'h'
or the latter chsrscter-but of far higher degree Of
enc the S1is Of esss os soS sS..
demeanors that description have been communicative all
know the pablo for several year has been Oh csea wh
grounds any public officer, gisatiye unisten' or ia,
aes to warrant inst suspicion 81 .asn sx snd %
70 present-no has sometimes done 10 vague general
sie,ps he after apSer the mantle Of thu former point
Ing distinctly, whether they he high or low, to the accused
Another crime whose magnitude measured BY millions aud
which sd TO have prevail ed to an alarming s ext 10 .s;
cpplL tho Vi the siuent the fraudulent Issue OF
stock certificates OF Incorporated companies
These s-ues the ecumssnces attending them were such
generally moret-were teonlous IN the eyes OF the law
tenn in the state prison Whether they be forgery, s~nd
ling embez1i.men would seem all these ohenses
been yess) which, enforced are amply sufficient for
Their and u. .e6 s' Of he ie i.s
suppose generally done, that the u the law
they were mere breaches II your duty therefore,
ssrely inquire into his class Of onenses and
bring the psrpeTsto 70 ia and puni'hmtn Tue Promp,
and rigorous punishment Of small and sometimes almost Seni
ofs1d while robbers and w nd with 20 much fs
their unosturbed escape The hands OF J1sics
dscrsdr its -traon. fou hsse me ngnt
gentlemen sud think bound BY your once 20
how . whether unls wful means snd
ap .nces what snd BY whom hsye been resorea 70
y ordst % bns shout such results -, ri. -
Ibs business Of Oyer snd Terminer IN this City has
usually confined the trial Of capital ohenses and until
the present. other Court hd jurisdiction over mat ei
Of By passed the 18th Of April concurrent
The OeaerA Seasgns whef