New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-03-16
GRAND JURlEs.

Though the sJsIem OF Irihl " jury uas UecH q
good deal criticized, tt.enton hitherto has been
principally directed to the subject of Petit Jdre',
while Grand Juries have escaped with very lsto
notice. The reason 10 doubt has been that the
objectors tat en- to trial by Jury have referred prn
cipay to the use Of that system in the deci.ion Of
civil cases. whereas il /, Only in criminal cases that
the grand jury is brought into play.
TIE Intervention of Grand Jury 10 criminal
trisls, while it ADDS TO the cuubcreoneness of
the procedure, seems also to be open to some
very plausible objections. The ordinary course
of prcct edpg in criminal prosecution il this: l.
A complaint before magistrate Of violation Of
law. 9. An examination BY the magistrate who
bears witt esses On both sides, aud if he thinks
prima f,ce case is made out, buds over the party
to sprear before the Grand Jury. 3. An nsest
CATION bJ the Grand Jury carried on in secItt, who
hear witnesses only on the side Of the complaint
and who hud bill of Indictment or not, ss they
think proper. 4. Ii an indictment is found, trial
be fore Petit Jury.
1t is evident that the Intervention Of the Grand
Jury breaks the logical continuity Of the pro-
ceedpg. 1t i, doing over again what hiss been
orce done already aud that With less chance, As it
would seem, of doing justice in the case. The
exclusion of the party charged from the examin.
ticn and Of the public also, aud the hearing wit
nesses only one SIDE is entirely in contradiction TO
the best established and most reasonable principles
of cur judicial procedure, Of which publicity and
the right t. be heard may be said 10 be the two
main plllsrs. Moreover, it places in the hands Of
this secret and irresponsible tribural-'or il is a
point Of law t1st the proceedings Of Jury room
are not TO be inquired ntO-aysss ard irresponsible
power. In TIE Grst place, The Grand Jury pos
sosses the light not only Of fndiag bills SheIe the
com plant has been dismissed b. tne examining
magistrate, but Of proceeding without summoning
any witnesses at all. upon the strength Of the
knowledge Of some Of its members. IL its origin,
indeed, the Grand Jury would appear to haze been
O contrissuce for obtsinng accusations esaiGst per
son, too poseIfUl to be complained against By pri
vate indr duals, or 10 be called up for examination
before single magistrate. In this point of view,
il had its merits. Indeed, in tio:e times it might
have been indispensable TO the prosecution Of pow
erful Offenders but no such state OF society AM
longer exists. Grand Juries may be Occasionally
syailtd Of 10 set on foot malicious and uufounded
prosecutions for which their practice Of pro.
ceediDg in secret and Of bearing evidence only
upon one side, sffoIds peculiar facilities; but far
more serious objection 10 practce is the facilities
which they bold oat for the escape Of offenders,
and the total suppression Of prosecutions. Grand
Jur;es may be said TO possess the extraordinary
| and anomalous power no. only Of saying whether
this or that pa ticul,r offence shal be prosecuted
| but Of ssy'ng generally what laws shall and what
! laws shall NJ, be enforced. Il Is trus that the
| Grand Jurors are sworn to preseus all oTenses
broueht to their kno xledse, or OF which they have
knowledge; but as there is no mean. whs.eyer Of
calling them to account, aud o, t.ey sre Lot upde,
the check Of public opinion, their whole proceed
ipgs being q secret this oath amounts practically
TO ye,y little. In point Of fact they do exercise
| tie power Of saying whether this or tia! law shall
be enforced Selected from limited loc llities, they
are ensbled to set up the pr ldic-s, interests or
IDEAS of tsose localities against the law Of the
| iana.
Moved probably BY these conditions scd others
Of 81 analogous character, the State Of Mcaigad,
il sppears, has resolved TO try tie experiment of
dispensing altogether With tbi. sutiqu4ted and some
what questionable piece Of Judicial machinery-sn
experiment, which VIII have the inc dental aiya1.
tage o. saving certain amount Of trolbe 70 ci.i-
zens called of from their business t. serve as
Grad Jurors, and Of expense in the administration
of criminal justice. The legislature of that State
has passed law By which, after the 18th day of
ApIl next, the Grand Jury is to be be dispensed
with IS an ordinary instrument fcrim nLproceiing
though power is reserved to the Judges to resort
to it in certain speci. cases. We shsu watch vita
much iItere.t TIE practical operation Of this re-