Arkansas true Democrat., 1860-05-12
Grand Jurias.

MR. EDIToR-In the last number of your paper that came to hand you take grounds in favor of the abolition of grand iuries; but in such modest way as to incline me to think that you might be brought over to look at that time honored institution with favor and with pride Your obiec- tions are urged in a very general manner Being open to conviction you will no doubt agree that such phrases as "repugnant to our institutions" secret and inquisito- rial" wien taken by themselves ale not pregnant with meaning, but rather barren; and do not afford sufficient reason for the overthrow of an institution which has re- received the sanction of great majority ot the Anglo saxon race for many centuries.
 It IS matter of great importance, touch ing the best interests of society, and should not be disposed of on general charges It has accused many; times without number have its verdicts been sustained, it has never been found deficient in tenderness to the accused beyond what the best of men may sometimes be; then, when itself is ac- cused, let 1t have fair trial; let us not do like Jeffrey, vilify and abuse the prisoner, and condemn by epithets, but give its case a serious investigation.
 l do not esteem the grand jury in this State to be in any danger In the North, where Maine liquor laws and others based on equally fallacious principles, are born and die almost with the ' sound that made them" such things may be- But the ma mia of novelty has not yet taken such foot hold ot our people as to make this probable. But in this day of vandalism, when all ancient things are charged with error, merely on account of antiquity, 1t is well enough to make a few remarks, before the reverence due to the grand jury be impaired and before the affections of the people for l 1t be displaced.
 could not without taking too much space pass over all ehe points necessary to be maintained in one article. 1 therefore propose, with your consent, to occupy a small space in your paper on this subject for two or three weeks, and if 1 could | flatter myself that in so doing l could re- move some of tile dirt that las been thrown upon this, not the least of the grand and immortal towers that make up the whole of the uneven, but massive and picturesque 1 Superstructure ol the English common law, and cause 1t to be more reyerentialiv and atfectionateIy regarded by my fellow cih- zens 1t would De q labor ot love, as 1t ould | be of usefulness.
 The grand jury is styled by its detractors inquisitorial; by which it is to be presumed is intended that 1t is like the Catholic in. quisition, since all tribunals exercise tht right of asking questions. Ii i; were really like the Spanish inquisition it could not be abolished too soon. But the best evi dence that it is not like 1t, is, that 1t has existed for centuries and still exists amongst the freest people in the world Nothing | like the inqui>ition could live in EnglanC or this country a day. Tine inquisition i; composed of bigotte and besotted preateS our grand jury of the best citizens of the country selected twice year with care The former uses torture to compel con iesSion; the latter will not examine the accused relative to his crime, but acts or the testimony of witnesses. The one acts on the opinions of men; the other on theil acts. The decision of the one is final and that of the other merely preliminary. The one Is the engine ot bigotry and intolerance the other * designed to purify and i'm. prove society by the punishment and pre- vention of crimes against the aunicipal law of the land
 That the proceedings of grand jury are er parte is also true. But 1t certainly must occur 10 any one that the act of accusation must in its very nature De er porte. Whether entrusted to grand jury or to a State. attorney the accused can never be permitted to defend himself till he k accused, and the contrary doctrine never was promulgated anywhere. Suppose that it were left to the States attorney, as suggested by you, tC file his information, would he first cali the parties up ani go through a regular tria on the merits? Ii 50, il would be to per init one individual to uSurp the province o both the grand and petit iuries, and to turr i the touleet murderer loose on community al will. This would be to give to an in. dividual too much power And you would have a grand jury in the end, composed O one person instead of sixteen The power to accuse must rest somewhere, and tht persons in whom 1t rests must have power to send for and examine witnesses. and al the other essential attributes ofa grand jury Otherwise you will have them act at ran dom, and consequently generally wrong And if 1t is better to have the power con fined to one person, theh the same argu ment applies with equal force to petit ju ias and requires their abolition Then tn whole jury system would be gone-~
 But it is not understood that our granC juries hunt up all uplavorabie evidence fo the purpose of getting up an indictment Their oath requires diligence, fairness, anC that they shall ''present all things truly q. they cometo their knowledge according tc the best of their understanding Thei practice is such as to repel the charge, w find them careful not tn set on foot grouni' less accusations. and not thus to run theil county to needless expense. And in the end we must look at the practical workings of the system Utopian theories may look well on paper but they are often found like Macaulay's Judia code, imprActicablt or imperfect when put into execution.
 SUMEVO.