The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-02-12
The Late Presentment OF the United States
Grand ~Jury-Thc Surveyor OF the Port
and the Loss or the Arctic.

Grand Jury-Thc Surveyor OF the Port
and the Loss OF the arctic.
10 THE EDITOR OF THE NEW YoRK HERALD.
The Surveyor OF the port (Mr. John Cochrane) saw ct,
under his own signature, to assaii the presentment Of
the last United States Grand Jury, in a manner which
did not seem to be called for from his official position,
nor from any alusion 10 himself personally in that
document. The mention that was made of the authority
Of the Surveyor to exercise any degree OF surveillance
ouer suspected vessels, was incidentally stated in con-
necrion with the subject of slavers, which had been be-
fore the Grand Jury, and in which that body had felt
the improperly of acting in such matters solely on the
Information OF persons who had been engaged in the en-
terprises themselves, and had, IL might be from private
purposes, Qor no good public motives could have actu-
ated them, turned States evidence, and implicated cii-
Gems with whom their connection was not Of an intimate
character. This sort Of evidence struck the Grand Jury
as Of a dangerous tendency, although they did not re-
fuse to give it some weight; and in adverting to It they
saw 1T in their presentment to add such suggestions in
regard to facts within the purview Of public officials as
might, If special attention were directed to the subject,
be Of assistance in supporting such evidence as in
its nature is of the most suspicious character.
1t was in this point Of view that the name
OF the Surveyor was introduced, not as i'm
putting any derllectien Of duty; although Mr.. Cech-
rane, with q sensitiveness which is unaccountable,
seems to have felt called upon to take up the contest,
and to review under his own signature the whole pre-
hcutucutO u Nv ~ jury, WIFI WHICH ne QAu no more
to do than the most quiet citizen in the land. The
Grand Jury had no intercourse with him personally, nor
were they brought in any official connection with him.
directly or indirectly. 1t In true they observed that he
was actively engaged about the Offices Of the United
States courts, but IT was supposed that he was attend
ing to matters connected with the charges Of smuggling,
which had been brought to the notice OF the public off,
GERS, and in which, where confscation ensues, a part of
the proceeds is a personal perquisite of the Office Of Sur
veyor.
The undersigned-and as he is assured several other Of
the Grand Jurors-ielt this onset oGkhe Surv eyor as an
a.A.I. 81 .xl.-- -
as IT was uncalled for. The province Of the Grand Jury
Is not to act upon personal opinions, except when fortid-
ed by evidence; and It seems reasonable that where such
persons as may be fairly supposed most competent to
give the public the benefit Of their experience, are call
ed on to record the best results Of their judgment under
oath, II would be somewhat presumptuous on the part
Of the Grand Jury to do other than make recon-
mendations in accordance with such opinions; much
less ia to be commended on the part Of . public officer
to give us, in a dictatoral style, the summing up Of his
own legal judgment Qhe Surveyor being q lawyer) upon
n point Of nautical expediency. Yet the Surveyor has
seen ft to decree the opinions of all the most experience
ed sea captains on the subject Of ship cleansing, and ell
the surfmen on Deal beach on the question Of the best
form Of surf boats, TO be worthless and not worth the
public attention. Now, with respect TO q subject which
was specifically adverted to in the Surveyors publica-
ton, rs regards the original source Of the srgges-
tions which were adopted by the Grand Jury, on
OF steamships to particular boats, &c. Fiat this
Is a good suggestion, no matter whence IL emanated,
seems to be conceded and II the Grand Jury have,
by their official sanction, aided any weight 10 1t,
they have done no evil: and II cannot, therefore, affect
tpeir zen esteem III tney are charged with giving the good
coin currency. The only really tangible obje,tion TO the
action Of the Grand Jury in the matter Of the Arctic,
seems to be that, notwithstanding q heightened SEES.
sion, and q protrscted examination Of the facts, they
indicted nobody. Probably II they had indicted the
surveyor himself il might have added to the security OF
public property aud personal Ee on the high seas;
for, as somebody ought to be hanged where q murder
has been committed and the perpetrator cannot DO
found, SO . distinguished subject, however innocent,
might excite public attention, and thus a more lively In
teIest be taken In the matter; but this does not seem
consistent with the oath Of jurors, and therefore, when
those who seemed In any manner answeraSle in respect
Of this casualty were probably buried In the deep, II was
not thought a proper thing to make such per cons the
Iubject OF indictment. To have indicted Captain Luce
would have awakened public attention, but his conduct
would not have justified any such measure, The truth
IL, as need not be suggested to any reasonable mind, that
with all the ~exertions Of the Grand Jury to discover any
per.on who might be properly chargeablc with . puolc
crime In connection with that n-iateo Affair, the Grand
Jury could end none Who might be fairly made . public
example, and therefore, having nothing to say, they said
moth ,pg on the subject Of personal indictment. But such
suggestions, trihing as they may seem, a. occurred Va
ihem In REVERSING the opinions OF witnesses before them,
were given for what they were worth. Such things very
often occur, both in private and public Affairs, a. great
e1erticns being mace to attain . desirable end, and
great cott beng incurred with that view, and yet the
result bringing forth nothing 90 sufficiently tangible OF
important % 10 meet public expectation.
THIS Ia the consequences Of the facts themselves, no,
OF the mettod Of inquiry.
II. c. sPFRRY, No. 272 East Ninth street.
AT Homr, Feb. Z, 1855.