New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-01-15

miles, and al sAo girs them aid and comfort, in Sosa
Carolina On Neryork, in any other portion Of the
United States, or elsewhere come within the express
provisions Of the ls section Of the act Of 3Oh April
l7ao, and are guilty Of treason.
What amounts to sdheriDg to, and giving aid and
comfort to enemies, 1t Is somewhat difficult in all
csses 10 define; but certain it IA that furnishing them
with arms munitions Of war, vessels other means
Of transportation or any materials which viii aid the
traitors In carrying out their t.aitOro purposes With
knowledge that they intsnded for such purposes,
or melting and encouraging others TO engage in or aid
the traitors in any way, does como within the provs-
IONS of the act. And it is inmsterd whether such
acts are induced by sympathy with tho rebellion hos
tility 70 the Government, or desire tor gain.
Under the second section Of the act Of 1850, all who
have any knowledge of any such acts Of treason and
do not ~ soon a. possible make it known IN the man
ner therein prescribed are guilty Of ispriescn Of tres"
son, and subject TO the punishment therefor.
Your inquiries must be confined to offences committed
within the Jurisdiction of this Court, that TO- within the
Southern district Of NswYork and uponthe high seas.
Although there may be question whether the jurs-
dcion of the Court in such cases. 10 not more extend
ed You will for the present con6ns your Investigations
TO The limits prescribed Within this limit, it is your
right and your duty, to inquire whether any person
or persons, have been, according TO the principles
Of law laid down by the Court, guilty Of treason or
nsprs;on of treason and you are srsd that either
Of tbese oenses have been committed TO faithfully and
fearlessly present the offenders, that they may be
punished.
1t Ia the duty, and i will unquestionabty be the de-
sire Of an good and true citizens TO DO in their respect
i've Spheres everything in their power 10 suppress re-
belEon expose treason and bring traitors to justice
QrnsrroSs ~ THE GRAsD JURoKs.-Inquirie having
been made by the Jury in reference to their duties tho
Court made the following observations:
When the Grand jury in, the other day, one
of tho members of your body submitted certain quee-
tions 10 the Court, which I shall now proceed 70
answer.
to inquire into violations of the law which may be
incidentally brought TO their knowledge, and which
have not been presented oy the DstrctAtorney, and
which he bad no knowledge Oft"
In Isply to that, the Court would say, gentlemen,
that you are not necessarily confined to ofenses to
which your attention may be called BY the prosecuting
officer.
II any one Of you have 10 beheve that any Of
the laws Of the Federal Government have been NO
lated YOU are az liberty 10 inquire into the matter,
whether or your attention has been called TO BY
the Distrct-Attorney. Unguestionably you have tho
right TO make the investigation. The second In
quiI'y Is:
Whether It Ia expected Of the Jury TO examine into
the detention Of lons and witnesses as TO their safety
treatment and comfort and TO whether any persons
are kept al unwarrantabe time before trial y
The third inquiry is, whether il " expected that
the Grand Jury would present such defects in the prac
tiee in the House render 1t easy for the
clearance Of vessels for the ssvetFsde r. With re-
spect that gentlemen il may be well TO consider for
moment what Is the jurisdiction Of the Federal Courts.
First then they can only inquire into the violations Of
the Federal laws. The Federal Courts have common
law criminal jurisdiction and they therefore have
jurisdiction offences that are not created by the
Constitution act Of Congress under the Const-
tuition.
understand that i. Is the duty Of the Grand Jury to
INQUIRE into all matters that brought before their
notice BY the proceeding officer. That Is well under
stood. Il Ia well known that English Grand Jurors
have oftentimes-and probably it IL part OF the COM
mon law Of Engsnd-inquired into such matters; but
the Court is no, aware OF any statute OF the Constitu-
iiop or o. any practice in Federal Courts which would
make II the duty of Grand Jures 20 inquire into and
investigate matters embodied in either OF these ques
tions.
The Court does not intend cay that you may not
make such inquiry but then il Is outside ofyour judicial
duties and, II You make report to the Court, have
power to act, and can do nothing more than file II
with the records Of the Court; and therefore It cannot
be regarded as the duty of Grand Juries in Federal
Courts to mako theso inquiries
You viii now retire, gentlemen, and proceed with
the businete before you.