New-York daily tribune., 1856-08-06
LAW INTELLIGENCE
COURT OF GENERAL SESSIONS -Ar'

inc raoad norsons were sworn In GrandJ drors for
the Term: Marcellus Els Foreman; John O1!ord,
Iu,ber Raid win. Solomon B.na Philip L. Bschmsn,
Slas r. Furbush. Spencer II. Green, Robert Leonard,
.John T. B. Maxwell, John j. Walker, Henry Allen,
William Beirden, Willis Blackstone Charles Con-
verse. Charles Fletcher, Eioa.hsn Thorn. James
kar.h. and Oliver II. F. Townsend. 70 these gentle
men Judge Cspton then delivered the following
charge:
GryrIrxrs OF rHr GRAsD JURr-You have
sworn that "you will diligently inquire and true pre-
sentiment make of all such matters and things as
." shall be given you in charge" that the counsel
for the people OF this State your fellows, aud your
"own you viii keep secret that "you Will present
No one from envy hatred or malice and that you
twill not leave any one unpresented through Tear,
favor affection or hope Of ieward" !" bu! that you
"win present all things truly as tney come 70 your
knowledge, according TO the oes' OF your shuef-
This oath. 70 brief and precise, is ye. lucid and
romn,ebensiye statement Of your official duties and
responsibilities You to stand bet ween the citizen
and the State a. q shied ard sword While yeu al u
p the discharge Of your duties to protect the cltizen
from the malice of private prosecutor ana tne c,ants
~ ,.opular rreiudce excitement, you are not 10
forget that the public impe1iousy cs!Ins OF you tne
prompt and certain presentation TO the COufts ior
fral Of all offenders age INST the crlm'a a"s oi lne
State. l ..;.,.
and certain punshuents When yea have become
satisfied from the ttrtmony given before you thA t~
person accused is beyond all r'a%onsoe uo1U. suny
Of the crime imputed, and have found al indictment
in the case yorr whole duty in regard u IL 10 per-
formed your obligation to the public as Grand 1ar2r'
respecting IT, are discharged, ana Tue Ie5pohsioi'y
thep rests ON the Cours ana the criminal Prosecutof
ILnow verv well, that mercy is called tue darling
attribute Of power and when the circumstances sur
rounding case such that this attribute can be ex-
tended 10 the guilty con- ently with the public safety,
Il Il not only the right but contend, it is the duty
Of the appropriate department Of the Government to
invoke It's interposton. In our day. the old but once
popular doctrine that the law can be satisfied and jas
ice be fully vndiceted only by the niioton OF the
penalty, has comparatively but few defenders. The
object Of legal pun Ament is not vindctive but re-
formatory; the offender therefore reform the law s
satisfied for reformation is its great object.
have thus briefly introduced THE subject here gen.
temen for the purpose Of correcting al error which
prevails to no incOnsidersble extent among Grand
Jurors in regard TO It. The idea entertained by some
people that Grand Juries have Discretionary 20 yer
m the exercise of their funcons that they are at lib
sry 10 find an Indictment to refuse to find one, &C
cordiug TO their views Of the public interest in the
particular case, r6gdrdbss o. nc ecidsHce o. gdM or
ssaocence. Now either this If an erroneous opinion
or the oath which administered TO Grand Juries, ana
which we have Just repeated, binds them to do that
which the law does not ex1ct The oath demands that
the Jury ehal protect the innocent and ln1lct the
guilty The question of guilt is the sole question sub
mtttd TO the jury and that determined only by the
evtdeace. The Law has placed the power to extend
mercy favors 10 offenders, in other hands IN some
cases is given to the Courts and it can be exercised
IN a special manner; in other cases that power Ii
lodged with the Executive Department Of the State.
Il was never intended by the framers Of our laws
the subject TO which Ieer that, irrespective OF the
evidence presented TO them, Glaod JdrJrs should
ercee what 10 sometimes denOminated discretion,
upon the question of presenting an Indictment against
persous accused Of cnme. IL is common saying l
kI ow, that Grand Jurors have the right to exercise
Their discretion upon the subject of finding indictments
-bu. with all due respect for those who entersin the
opinion, think that upon a closer examination, any
intelligent mild will rot fail to discover that the as
sertios is at war with tie plain spirit Of the Grand
Jurors' oath, and rendero those bodies practically
masters Of the law, when our system of jurprIfence
only con, tit 1tes them its min'sters.
will IOt Oh th occasion detain you TO list IN 10 a
particular statement upon the subjects Of the tertods
extent Of your jurisdiction ngenera and special cases,
the d. iDition OF the various crimes which may be
brought your Loice and the distinction bet Reen the
several grades of cIlms Of the nature, beca all
these subjects have been treated with sufficient pre-.
cisiOn for your purpose by the District Attorney, Ia
pamphlet which am informed that officer will lay
your table aud which yo1 can consult under his
advice, whene you may desire information those
subjects.
The Legislature, however, has imposed on the Court
the cuty Of bringing several statutes to your particu
Lar notice.
This duty thus imposed ind ,aes thG, the sovereign
power of the Sate rega de obedience to these ssus
emnenty essena! to the 1est Interests OF the pub
bc and the inference therefore clearly deduced that
all complaints which may be laid before you alleging
violations of these provisions should receive your
prompt and persevering attention.
One of these statutes is emitted "Of the Int crest OF
Money" BY this Law no greater interest discount or
consideration on the Osn Of money can be received
than at the rate Of seven dollars for the use ot one
hundred dollars for one year, on the sum losned. If
is received the person receiving 1t Is guilty OF
misdemeanor, and liable to be punished 10y fine not
exceeding one thousand dollars or imprisonment not
exceeding six moths, or both
Another Of these statutes is the law declaring and
No pubic officer or person can demand receive
ny other or larger fee reward than that which is
fixed by law for the performance OF the particular ser
yice for which the fee or reward Is demanded Who
ever shsl violate this provision is guilty OF misde-
mesDOr and is liable to treble the damages sustained
by the party aggneved thereby.
must also mention the election laws The safe
guards that are thrown around the integrity OF the
ballot box by this important stsUte are numerous.
All violations of these safeguards are declared to be
either felonies or msdemeanors, according TO their
character, and the punlshmens imposed are cores
You6pcly severe What il famliarly called " srear>
sne an cote if false is declared to be perjury. Pre-
curing vote TO be falsely en- is declared to be
the same crime. Purchasing rote is declared to be
bribery. Furnishing entertainment, or paying for Il
6y candidate for os or other person, previous 10 or
during election, or Furnishing money TO promote the
election of such candidate, is crime. Changing or
Altering rotes traudulenAs, or furnishing rotes con-
taining more than the proper number Of RaueS will
fully disObeying the lawful commands of the Board of
Inspectors obstructtng hindering electors their
way 20 the polls, voting Offering 10 vote in al cleo
ton district where the eector does not reside, voting
curing Ik gal voters, procuring aiding counselng
another 10 come into any town, ward or district tor
The plrpose of giving vote, kR9riHg the PRISON not
to be qualified, all acts which by the election laws
are declared to be misdemeanors, and are ndictable
Another of these laws is the statute prohibiting the
establishment of lotteries.
At this day lottery game, device or chance, in
the nature Of lottery authorized by the laws tnis
lNttar pI.ts h.an viola