The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-01-25
WITNESSES AND JURORS.

WITNESSES AND JURORS
There Is so much ability aud appositeness in the follow
ing charge of the Hon James NJ Porter Of Pennsylvania
tsecresary of War during portion Of President Tyers
administration that we print it entire The able jurs
who announces these and wclltimed opinions
president judge Of one Of the weahest and most popu
ous districts in Pennsylvania He delivered this charge
to the grand jury Of every county in which he called
to oficiatc
Our readers win remember the deep feeling created in
the public mind during the anMasone excitement by the
adroit and learned appeals Of snch John Quincy
Adams and Edward Everett in favor Of protecting the
ury-box against the alleged influence OF the Masonic oath
Strange say that in the very quarters where these APP
peas had the effect and where opposition to secret
society purely benevolent in its purposes was most potent
the present candestne political order now finds Its
most ardent votaries Without halting to inquire
into the alleged effects of the Masonic faterny-on Or
sanzaton that started in this country under such aus
pieces as George Washington and which to this day num-
hers among members Of the most enlightened pa
trots in the republcit is easy to mark the broad dl
ference between such society and the present pro-
scriptv conspiracy The latter proposes 40 part OF Us
PLAN to seize upon the judiciary and the ana ~
this means to exclude naturalized citizens and Ca'no'ss
from the ures and all those know-nothings who
may be on trial for ornce wha'soeser matter how
guilty they may be- We have already them assuming
control the balotboxes daily witness their power
certain religious denominations; and told that
their programme will be completed until they have
also subjected their will every socia religious
interestevery of tradethe whole system Of la
borand the various departments Of legislation and Of
law.
But there such sanctty about the trial by jury, and
all the usages of the courts Of justcehere has been
such uniform obedience the decisions of these courts
there are so many interests involved and such
abiding confidence in the integrity of juries and the
purity of jadges--that do not wonder at the
alarm which is always manifested and expressed when
such attempts made those which sig
nally and eloqucnty ruked by Judge Porter Of Penn
syyana That witnesses should 20 into Of JUS
tice and deliberately perjure themselves in accordance
with the secret oaths and obligations Of outside ognna
tions, is practice revolving every honest mind. We
wish could believe that snch things impossible
but the notorious character Of the -no,hng
obligations dispels all doubt the subject Indeed, il
does require examples after the exposure in the
trial in Massachusetts, where the Of the
know-nothing obligations practically tested Resd
the charge Of Judge Porter however and be admonhed
BY its powerful and opportune reasoning
Annexed we publish that portion Of Judge porers
charge explaining and laying down the law Of conspiracy
delivered to the grand jury of Wayne county, the 4h
instant Read it
There is another subject however, which the
feel their duty call your attention The common law
is calculated TO furnish remedy for almost every evil TO
which society is subject its elastic property adapts itself
the condition Of Whilst il him in enjoy
nent of all his rights it holds responsible for all their
wrongs.
In the ruder and simpler ages its wholesome provisions
adapted 70 the forms OF society which then existed
II the grand palladium Of the rights of the citizen
subject; il protected him from the rude assaults which
brute force violence arbitrary power NIGH, make upon
his person his property and this in The days Of
beltcd knight and buckiered yeoman When increasing
trade and commerce and additional Intelligence led
pursuits and when the lures of gain and the cravings Of
ambition and acting upon the innate corruption Of
natures produced sources and Developments
Of oppression aud Of FRAUD the law s threw her
agis the oppressed and injured and when two
combined deprive OF any of his rights they
were held responsible for criminal offence The in
dicnent for conspiracy which in its infancy appl-
bic 10 combinations oonederacies unusy
prosecute innocent for crime extended all
cases where two or more persons combined and conedea
ted either 10 do unlawful act 10 do lawful by
unlawful means or for unlawful purposes. And the
law OF conspiracy may be considered pretty well seed
covering all such
The gt OF conspiracy says Chief Justice Parsons Of
Massachusetts, Ia the unlasfa ecniedcrscy do
lawful act, lawful act for unlawful purposes
The offence il complete wbeI the confederacs Ade and
any act done in pursuance Of IL 10 part Of
the offence but merely aggravaon Of Il The rule Of
the common law is to prevent unlawful combinations
solitary offender may easily be detected and punished
bit combinations against ao Arrays daggerons 10 M
public peacc and prrae secaSty The unlawful confed
Is therefore punished prevent the doing Of acts ID
the execution OF IL OF this principle the adndgcd
leave no doubt Commonwealth o.. Judd e a., Mass
329
A combination, says Our Gibson is q conspiracy In
whenever the act 10 be done has necessary tendency
prejudice the public Cypress individuals By npiusty
ubjecng them to the power of the conederste and Civ,
effect 10 the purposes OF The latter whether OF extoron
~ mischief Commonwealth Carlisle q Journal Of lu-
isprudence, 225l
The constitution Of the Unted States provides that Con,
shall have power 10 establish uniform rule Of natu
alizaton And the FIRST amendment 20 that constitution,