The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-07-16

tional The rule which was formerly adhered to
was concisely laid down by Lord COKE, who said
''the Jury ought to be kept together in some con-
'venient place, without meat or drink fire or can
''dle, and without speech of any, unless it be the
"baiif and with him only if they be agreed -
The reasons for such stringent provisions are OBJ
vous enough. Where men are required to deter
mine questions affecting the dearest rights and
interests of their fellows, they should bring to the
discharge of their solemn duty calm judgments and
unbiased feelings, and should carefully guard
themselves against the intrusion of any influences
from without, though these might come
in the shape of the lightest whisper The law
formerly assisted them to accomplish this by sub
jecting them, as Coke quantity tells US, to what
'some books call an Imprisonment" If we would
fully realize the wisdom, harsh though it was, Of
the old rule it is only necessary to glance at the
present system. The feasting and fddling which
distracted the minds, the anonymous notes and
secret conversations that may have warped the
conscences, and the comments or reports of the
press which swayed the judgments, Of a jury in
late notorious case, all prove how easily and how
surely Jury may be made to reflect the passions
of the excited multitude to respond to the wishes
of an influential culprit. When we consider the
fearful Generalization which ensues whenever the
issues in our Courts are affected, or in any wise
determined, in obedience to the camor from with
out, we can but hail any change tending to re-
storation Of somewhat of the Strictness of other
times Next to summoning for Jury service
only such men of character and lirmness
to move, the best method of securing fairness to
prisoner, is to shut out from his Judges everything
but the legal evidence and the law In unbroken
silence and solitude they should be left TO discuss
together the facts submitted to them, and their
business and their pleasures should be banshed
for the time from the jury box 1t rests in great
measure with the Court to overlook the conduct of
its jurors and to superintend the manner of their
deliberations, and unless it does so with watchful
eye, it negects its own plain duty. The vigilance
and promptness of Judge WTHERs in this particu.
lar, has furnished an example which may be fol-
lowed in other States than South Carolina, thereby
strengthening in the people their waning respect
for Courts and Judges.
Nor have the duties of Grand Juries been less
misunderstood, nor the practical performance of
them less loose than those of petit iuries 1t
seems to have been forgotten that iu the
language of learned Judge: "The matters which,
"whether given in charge, or of their own know
"ledge are to be presented by the Grand Jury are
''all offences within the county. To Grand Juries
lis committed the preservation of the peace of the
county, the care Of bringing to light for exami-
''nation, trial and punishment, all violence, out
rage, indecency and terror; everything that may
Occasion danger, disturbance, or dismay to the
''citizens. Grand Juries are watchmen stationed
by the laws to survey the conduct of their fellow
citizens, and inquire where and by whom public
authority has been violated, or our Constitution
"and laws infringed"
The proceedings of the Grand Jury of our Grim
inal Court, which adjourned few days ago,
showed how very far short of fulfilling the pur-
poses of its organization it was possible to fall
But they remind US, at the same time, of the good
which might have been effected had they been in
structed in regard to the legal obligations imposed
upon them, by Court as decided and as upright
as that in Charleston.