New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-11-17

the Indictment. The offeuse, il seems made felony
bv the statutes Of Virginia is not having in posses
| sion or reading incendiay documents, but circu-
latipg or carrying or procuring them TO be crcu-
lated and as Mr.. Hart merely took bis paper from
the Post Office and read it at home, his case DID
not seem to come under that provision. The evil
depce mon which the first indictment was found,
WAS that be had asked some of his neighbors to
form club with bin for taking THE TRIBUNE;
but az no such club was actually formed, it was
plain that this evidence was not sufficient.
We come now TO the indictment actually found
and low pending, which is in the words aud figures
following:
"VIRGrSrA %.
"T,ts, Circuit Court OF Harrison Counfy:}
The Grand Jurors for said county, ON their osths
present that heretofore to wit on the 9Th Day OF july
in the year 1856 and from that day to the hndne o
this presepmept Horace Gree ley dd write, prhr aua
publish and cause to be written, printed and puonshed
weekly in the City Of New-fork and state OF New
York, book and writing, TO wit newspaper ana
public journal styled and entitled NEw.ioRk dkIs
USE the OLDEST aud purpose OF which said Nhw OH
TRbrsT was to advise and incite negroes in this Safe
10 rebel and make instruction, and to incuicate re-
ss.arce to the rights of property of masters in tner
slaves in The State of Virginia
"And the Jurors do further present that the said
Horace Greeley afterwa ard, to wit the 5th day OF
july in the year 1856, did knowingly, wilfully ana
eobiousy transmit TO, and circulate IN and cause ana
procure 10 be transmitted 10 and circulated IN the SAID
County of Harrison the said book and writing, 20 WIZ
The ssid NEw-YoRK TRIBUNE, with the iutent to aid
purposes thereof against the peace and dignity OF tne
Commonwealth.
:. And the Jurors aforesaid, upon the oaths afore-
said do further present that said Horace Greeley on
the day of July in the year 1856, did knowingly,
unlawfiy and felopiously circulate and cause 10 De
circulated in said County of Harrison, writing, to
\ L. uuhf said ~ mt
ing wspapcr and public journal was on the 9TH day
of july In the year 1856, published, written aud
printed in the City of New-York and State OF New
York ard was STYLED and entitled NETWORK IRis.
ryE with intent in him, the said Greeley, then aad
there TO advise and nce negroes IN the state OF u
gna aiores said to rebel and make resurrection SUD 90
nculcaie resistance tn the rights Of property of masters
in their slaves against the peace and dignity OF the
Commonwealth.
Upon the information Of Amazi, ~ Hill and Sey.
mour Johnson, witnesses sworn in open Court and
sep to the Grand Jury to testify al the request OF tue
Grand jury who had The NEw-YoRK TsIBUsE in the
above presentment referred to before them and eA-
amined the same. D. WlLsoN, ,., ,
Attorney for the Commonwealth
Ipdorsed. " State Vs. Horace Greeley. Presentment
for Felsny. true bill. A. j. Garrett Foreman
This Garrett, we understand, who indorses the
Indictment as foreman, is Baptist mnister-we
imagine of the hard.shell order-who, having got
some "chattels' with his wife, feels himself
quite an aristocrat and by his insolent and over
bearing demeanor has secured the hatred OF all his
nephbors, over whom in his character OF slave
holder he enjoys, however the privilege OF DOM.
neering. Johnson, one Of the witnesses, we un:
derstaDd to be vagabond relation OF the late Gov
ernor of Virginia of that name-One OF those OIL
shoots of the first families too lazy aud too proud
L l,,x % m hahind
waiter into complimentary dinners to his relative
the Governor into which he could get admission in
no other way.
Of the indictment we have merely to say that it
is entirely worthy of the statute on which IT Is
founded and of the State and county in which it
has been found. The law requires--that is, the
law of all civilized countries but perhaps it is not
so in Virginia-tbat when man is charged with
crime in the utterance or circulation OF any
written or printed document, the part OF that
document relied upon as criminal should be SET out
at length and verbatim, in order that the party
charged may have the judgment of the court either
before or after verdict, whether the utterance or
circulation of such document is crime or not
within the statute. This is the case with respect
to lbels, and for stu stronger reason where the
ofiense charged is felony. But this little formal
iy it will be observed, is wholly omitted in the
present Indictment That document charges, in
truly comprehensive manner, that the object of the
publication of The NETWORK TRIBUNE is " to
"adyse and incte negroes" in the State of Viz
ginia "to rebel and make insurrecton, aud to in
culcate resistance to the rights of property OF
masters, in their slaves in the State of Virginia"
Such it seems is the opinion under oath of the Rev.
A. J. Garrett and his brother Grand Jurors, as to the
object intent and character of THE TRIBUNE,
but this we beg leave to inform them is
matter of which the law does not regard them as
judges, and of which their presentation, unsuP-
ported by the very words alleged to be criminal is
worth just as much as their critical opinion, to
which nobody, we imagine will atfix any very high
value.
What action is to be taken upon this indictment
we are not informed. Fortunately neither Judge
Parker has been chosen Governor of Newly York nor
the Hon. Erastus Brooks, or else the party
against whom it is found, in spite of its in
validity manifest on its face, would doubtless,
have been delivered over to the tender mercies
of Harrison County petit jury. Though Border
RuffaDism is triumphant throughout the Slave
States as well as in Kansas, and though it may
joy for four years longer the support of the General
Government it has not, thank Heaven, been able yet
to triumph here aud in the other more enlightened
States Of the Union.
The HeTaM not content with the labor Of love il