Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1855-05-09
From tie RI'siqh Standard.
KNOW. NoTHIN GISM PRESENTED BY THE GRAND
JURY OF THE COUNTY OF BUNCOMBE.

FROM tie RI'siqh Standard.
KNOW. NoTHINGISM PRESENTED BY THE GRAND
JURY OF THE COUNTY OF BUNCONBE.
At the late term Of Buncombe superior court.
his Honor Judge Ssunderr presiding. the fo,-
lowing presentmsnt was made by the grand
urv:
The inrors for the State, upon their osths pre-
sent: That they have reason TO believe that
combination Of men, commonly called 'know-
uothues" exists in this county one OF the objects
of which is, by binding men with extra judicial
oathz secretly administered, and By their secret
obligations and by christening rhoEe Of their men,
hers who offer TO withdraw from their order, to
control citizens Of this county in ths exercise Of
their right to vote conornably with their own free
will. as contemplated by the constitution and laws
of this State; and the said jurors are ready if the
honorable court shall advise 10 furnish for the
information of the court and the solicitor for the
State q list Of witnesses to prove these facts; and
whether this IS violation oil the criminal law and
| what is their duty in the matter they, the said
| jurors, ere ignorant and pray the advice of the
honorable court in the premises
D. J. r B -rts, Foreman. G. J D Garrison,
Jerem ah West Joseph Miller,
II. Lindsey, Elijah Morgan,
Sims Ownbey, Jos Barnard
G. ". Hampton, A. 81 Gudger.
T. o. Roberts, Robert Hawkins
Jas NJ Ray, John McMerrel
L Warren, Z. HeTen.
The jury, having presented this secret organize
| tor, inquired, IN conclusion, Of the Judge what
| was their duty in the matter; upon which inquiry
thus made, Judge Saunders delivered the following
| charge:
! Charge Of Judge Saunders
The grand jury applied to the Judge for instTuc
ton a. TO whether it was an indictabe offence fit
| should appear thst society had been formed in
| this county the ohect and design Of which was to
! influence men TO Join tie society, snd then by
oath. 20 bind its members to secrecy, and to COM
! pei them to vote against their will for or against
/ particular candidate. His honor replied, in sub
stance th.t il had been said by high authority that
! few things are involved in greater doubt in the
| criminal aw than the point at which combination
If several person IN n common otl-ct becomes
/ illegal. Irthis DO so in England in regard to as
sociatons ola political character, still more must
it be so in this country. It is the combination or
! agreement OF number Of persons TO DO particu-
lar act that constitutes the Rst of the ornce; but
| 10 make the conspiracy or sg-eement criminal the
act proposed must be aniI'rfl or the combination
snd ageem-nt must be II effect legal purpose by
! Illegal means The administration Of on oath to
the members of any society not 20 deliver its So
crets or to do or not to do any particular ac', is
legally Of no binding obligation, and in 8 moral
| point of view decidedly wTong~ The law only
oath in some legal investigation then pending, and
Of which the magistrate may have Jurisdiction !;
7 and unless thus administered, the party, even
should he swear falsely, could not be convicted Of
perjury. ia psr'y's word of honor could not bind
! him. On unauthorized oath would not likely have
! the eftc; Of doing 90. IL England they have
! act of Parliament declaring the Society OF United
! l-irimcn, and some other socieGes, as unlawful,
| and foTbdding tho administration Of sn oath 20 its
! members, according TO tho rules q the society
! But we have no snCh statute in this State, and
! whatever may be thought OF such osths by Chris
| tan men, they cannot be treated "a criminal In
| this country parties and associations may unite
together 70 carry sny political object by fair reason
OF argument, Snd even hold out personal honors or
aivsutsges 10 unite 10 the support ofpart;cunr
ormessures. But if any set Of men should copspre
together to elect or defeat any one who might be
held up for eny pubic trIst by forcing the voter
TO vote against bis will, by threats or otherwise
the act would be unlswfll, ard therefore criminal
And ifthe grand Jury should know that any ouch
act had been done, it would be their duty to pre-
sent the offenders. So if the grand Jury should
know or have reason to believe thst there existed
in the county any a,sociStiOI Of men, combined
together to effect such purpose, il would be their
duty TO investigate the matter and act accordingly
But the jury should not institute such az inypst-
CATION unlers they mad had sufficient grounds to
suspect thst such conspiracy did exist, and thst
for an unlawful purpose.
The AshvilIs Neus, from which we copy this
Presen;ment and the ohsrga of Judge Saunders,
EayE:
ut WILDE seen thatthe pressntrnent Of tba Grand
jury Is signed by sixteen respectable ctzans, COM
ing from all parts OF the county Eight o. them
known 70 be wings and eight SIRE democrats
showing that our people are almost unanimously
against the order. Oaly one present declined TO
sign It. The eighteenth grsnd rror. John ".
N,lfa I'D -,1- I IL
be strongly opposed to the know nothing7. Itthus
appears that seventeen TO one are against the order
Does not this look badly for their strength in this
county, after all their Boosting.
1t is scarcely necessary for us TO remind cur 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
euogized by most Of the leaders Of the know
nothing movement in this district We trust there
TORE that they viii ac9uifsce in his views, able,
learned, and conclusive, as they are, and for the
future abandon practices which are equally mis-
chieveou. whether considered merely in political
OF in moral aud religions point Of view
Comment upon the foregoing is not needed It
speaks for itself The charge of Judge Saunders is
sustained by that of Judge Porter, Of Pennsylvs
ME- recently given TO grand jury IN that State.
Both these judges venerable for their years, and
respected throughout the country for their virtues
es men and "a citizens snd for their profound legal
learning Judge Porter says:
'If any numberof men combine to form them
selves INFO an association by agreements, VOWS, or
osths, to control the opinions and votes Of any |
portion of citizens in the exercise of their suffrsges
50 that they shall vote not according TO their
C nscances, but as o majority Of such associates !
shal determine, it is conspiracy and punishable as
such by Indictment.
And you will remember that it is the agree
ment to do the act that constitutes the crimnsnJy
even If the act itsef be not done. /. may be well
mere to observe that if any person or persons shall
have unthirkuglv, unadvisedlyor without being
aware of the criminal character Of ouch an act
joined such association. or taken upon himself any
such vowS obligations or oath or eaths, they are
ast blazing span him Ia lss, ssd ssss, ssa b be