The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1856-11-19
rHE DUTIES on GRAND JURORS.

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THE DUTIES OF GRAND JURORS.
The following is portion Of the charge
delivered BY Judge capron on opening the
October Term of General Sessions for the
County of New York:
.'rhe grand Jury originated from the per-
seeution Of the people BY their rulers. under
the forms OF law.
In the administration of criminal justice it
is an institution as essential to the protection
Of individual liberty in our own day, and
In this country, as II was at the time OF lis
adoption, and a. il still is under the English
crown. Human nature is the same in all
spes and all countries. We have not, it is
true, an irresponsible king 70 rule over Us,
whose wicked instruments the Judges arc;
but we have power a terrible a. The sub
seryience ofjadges 70 the malice or the ava
rice Of kings, in popular prejudice aud excite
ment. For the protection uf citizens against
persecution by this unhallowed power, the
Grand Jury is interposed as constitutional
defence.
No sooner had the British king, BY this in
stitution, lost his power over the liberty and
lives Of his subjects, and to replenish his
treasury by the forfeiture Of their estates,
through tile direct agency Of his Judicial min
ions, than he set those agents at work to de-
wise indirect means to accomplish the same
unholy object. The sovereign laid before the
Judges al the assize a calender containing
the names Of subjects whom he declared 70
be guilty Of offences against the crown, and
commanded those judges to instruct the grand
jury upon the law applicable TO the cases, and
10 impress upon their minds the great lmpor.
lance Of upholding the king IN the energetic
enforcement Of the criminal laws. These
iu2 yes, sIIiI ueprDurntuI TIC tBe sove-
reign for the tenure Of their Offices, were but
TOO willing instruments 10 his service. and
their instructions and councils, enforced by
suitable admonItlons 70 ensure compliance by
the grand jury, generally succeeded in con.
signing the victims to the prison or tile scat
fold, and thus fortei;ing their estates 10 the
crown.
In this artifce Of cunning and avaricous
king originated the idea Of making q charge
by the Judge 70 the grand jury. At the opening
Of the Criminal Courts.
But time passed on, learning increased and
became more generally diffased among the
people, and the subject Of human rights was
more thoroughly investigated; the reciprocal
obligations Of king and subject became better
understood. and changes were made il the
organic Law Of the kingdom, having for their
object the greater security 81 personal rights /;
until II length that which ID its origin was IN
tended as 4 threat to awe grand iuries into
compliance with the exeerabIe wishes Of the
sovereign. became TO them lesson Ut in
s,ructloa in the law. and a warning 10 guard
them sgainst tie prejudice VI passions 81 per.
seeutors.
Thus. wha. was al fifst devised Nv mer-
eenary kim 81 England. 10 deprive bis sub.
ieeis uf tie protection Afforded b, this Grand
Jury agai4.t H. cruelty and wrong, became
n length al established custom 10 render
that protection more secure, and was finally
made legal Joty y tae Judges b. rarlia.
mentary enartmeats, requiring them n bring
certain statutes 81 lie realm U tie notice ii
that body.
The same result las followed tie adoption
81 this insiltgtIon IN ouf own state. Tie
legislature las from time u time enacted
Laws, he prompt enforcement u which has
been deemed eainenily important for the
nromotIon of the best interests oI the people
aud. accordingly, the judges u the criminal
courts are enjoinsd @ t.lreet tie attention q
GrnOd Jurors 70 Ntesf laNss AAse A1tY ~
imposed on the courts 10 the expectation tat
thoss officers and Jurors viii. Il goot faith
iaqairr Of ali alleged yioiatiyas II tiass ptr
tculat enactmsnt.. 70 H. ead tAat III gffsn.
def. NAV be punished, aaa thereby TIL COURT
az Justice b. respected 400 ZIG penple i.
protected ID tilt enjoyment d their ftghts i
person and pI9pafiF
GentlemeH. usless tits reasonable e1peF.
tation be realssti j ss 1e9pie, Il / useless
aud worse dian useless lof II courts 10 con.
sene. and granl jaries II assemble q b. sworr
into olfire. III these objects " our system i
criminal jurisprudence ~ not attained, osi
assembling here j. but a sensciess show, !
solemn laree indeed, We Do thereby but rem
der human tights less ADD less secure. be.
cause We bring tie courts into public con
tempt, and embollen tie vicious 70 defy ths
Law aud the ministers u justice.
Let o., then. gentlemen, beiake aurselse'
on Ibis occasion vigorously u the discharge
of duty IN our respective spheres II service
let us ea.operatp ii sindiesting The criminal
laws u The State. by causing within the city
and county u Nss York all charge. I crime
70 be thorough, investigated; aud ~ per
sons implicated il such charges Il DC pre-.
tcnted for trial. irrespective u Their sDcisl
standing, peeunisry fortunes, % Official Dig
niiv.