The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1859-09-21
From the Waterman
Grand Juries.

Grand Juries.
1t IS worthy of consideration whether
this relic Of darker and more despotic
age deserves to be cherished among the
institutions of a free people OF its toc.
mey usefulness as a shield against arbitra.
~ power there ia no reasonable question
But great doubts have recently arisen
among the best jurists. both in England
end this country, whether It should not lle
abolished
1t 10 Sec'et, crpdr'' ,a9"j0Iio,
LIST, of its secrecy The accuser be-
comes witness. Under cover of the
darkness. he may mislead the triers, and
ipflict a fatal disgrace upon an innocent
victim, which he dare not ATTEMPT by day.
light. Malice finds entrance, and walks
safely, knowing that the motive will meet
no exposure, for its designs will only be
known after its object is accomplished.
A party DESTROYS Of breaking down the
reputation of some business competitor
conceives Of an indictment. not with a
view to a trial and punishment for the
sake Of public justice but for private ends.
be finds it easy to weave web that will
ensnare an unsuspeeting jury, who are
blindfolded, and must act only upon such
proofs as an interested prosecutor may see
fit to adduce. The result ia that accusa-
tons which prove to be utterly groundess
are very frequently placed upon the crimi.
nal calendar.
I'd, it is e1 pdrte In matters nearly
affecting liberty and reputation, it seems
strange that an intelligent people should
long permit their interests to be at the
mercy Of 30 unsafe and dangerous an en-.
CINE. To sensitive and upright mind
an indictment comes with as terrible q
vengeance as any the law can inAict
Why should this be done without hearing7
Great crimes, and such as deserve to be
prosecuted, always find with our people,
here in New England, whole communi.
sy ready to cooperate in bringing to jus.
tice the oferder, Let him be openly &C.
cused, arrested and examined let him he
" confronted with witnesse. )" let the &C.
euser and the accused stand out in the
public eye; let private pique, partizan
malice, ambitious or covetou. PURPOSES
all be compelled to face the light Of free
enquiry and open popular criticism. An
able prosecuting attorney and an intelli-
gem magistrate or board of magistrates
may do this. Frivolous and groundless
prosecutions will then be rare. One half
of the State case3 now end in acquital,
Z" mol. pros.,' or abatement, to the great
and needless expense Of the State.
Sd, II Is an Inqaisition.-This invol.
yes 10 its very name all the odious fea.
lures of tyranny and oppression. A body
Of men closeted in dark room. sworn to
keep secret the counsel of their fellows
and Of the State" subjected to every ma.
lign and one-sided influence that inter.
ested persons can conceive of for success;
excluded from free enquiry. from light,
truth, and long and careful elaboration,
from solemn argument, and often from all
knowledge of the high character of the
citizens who may be destroyed by their
partial and inconsderate finding. Is this
really a necessary evil in State of free
men2
4th, 1t is still more objectionable
when made use of as part of the system
Of a Federal Judiciary. In the United
States Courts, the Grand Jury selected
from the neighborhood of the Court House
are to try the cases of whole State.
They are not like those Of County Court
from the vicinity; and hence they are
generally dealing with strangers--stran.
gers are witnesses--stranger are accused
strangers are movers and wire-workers
in getting up the actions
But there is no need Of specifying evils
and dangers. 1t is time to consider
gravely the propriety Of abolishing this
useless and dangerous institution. When
men arc to be assailed it should be in the
face, and not beh nd the back. The com.
ing Legislature will we trust, give to this
matter searching attention.