, 1861-01-18
The Crime: OF, ,Tfe3Spn-.Judge 6ma1-
IeY3a Charge to the Grand Jury

Tho UFime; Of f-Tfe1Son..JuaGe 6maA-
1eJ's Charge 70 the Grand Jury
In tho United States Circuit Court for the
Southern District Of ;Ntw York :juuga Small
icy delivered charge to the Grand jury on
Monday Last, in which, after reviewing the
lawHa Of tho United States against treason be
proceeded to say: !.
What amounts to adheripg 10, aud giving ala
auu cvintoft tb pir cnetulcs, 1t ID somewhat
ditfichlt In all caaea to define but certain Nis
that Furnishing ttcm with atms, Or muditions
Of yat, tesseis, OF eeher means OF transpofia-
t!oh, or any materials which Wln aid Inc
poses, with d knowledge that they yars intended
Tor such purposes, or melting md encouraging
nthcrs to enrure In OF aid the tcalt1rs n any
way, does c.:1nc within the provisions e He
ast., And it's nan1aterih whether ,sneqh htefs
t1dqeGd g r. e. tS@g Nth or
ga'r.
| Under the second section Of the act Of 100,
| Ill who have my knowledge Of any such nets
Of treason, aud do not, "a soon Is possible,
make it known In the :mannsf therein pre-.
! sczibed, are guilty Of mispHzpn, Of, treason,
and subject e the punish1msne therrtor;a
comiIn1i iaed within thu ss5fssdiction Of this
Court: tn1at fs, t;isnin the Southern district Of
! Ner y ' 33rx, and upon the high seas. Although
/ there may he question, whether the jurisalc-
tlon OF the Court, in such cases, It Ia not more
extended, you will for the present confnc your
| Investigations to the limits prescribed. Within
this limit, it is your right and yonr duty, to
| Inquire whether any person or peIsons, have
been according to tho principles Of law laid
down By the Court, guilty Of treason or mis-
prison Of treason, and II you are satisfied that
either Of these odenses hare been committed,
to faithfully and tearleEsly present the offend
| crs, that they muY be punished,
1t Is the duty, and It will unquestlonably be
the desire Of oil good ard true cifizens, to do,
in their respective spheres, Everything in their
er;s t1gs5s as'SsA1ee expose treason
/, GCEsTioss II TIE GRAND JURoRs.-1n.
quirics having been made By the Jury in refer.
}ienee to their duties, the Court made the fol.
lowing observations:
When the Graud Jury were in, the other
day. one Of the members Of our body submit.
ted certain questions to the Court, which
shall now proceed to answer.
| &1st: Whether It Is the dutysf the Grand
jury to inquire into violations OF tile Jaw
which may be incidentally. brought to Meil
knowledge, and whish hare not been present
| 70 Ha:Sied.e OFF,"
In reply to that the Court would say, gentle
men, that you are not necessarily confined te
oGenses to which your attention may be called
BY the prosecuting officer.
| IL Au} 0HE VI 3UA 1Aft IEaeOu W fE1ltfC 4Aa
any OF tho laws Of the Federal Government
have been violated, you arc ut liberty to In
Quire into the matter, whether or not your at
ttntiou has been called to 1t by the Distrtc
Attorney. Unquestionably you have the righ
to mako the investigation. The second inqu11!
"Whether 1t is expected Of the Jury to ex
amino into the detention Of fe1ons and wit
nesscs as to their safety, treatment, mud com
fort, aud rs to whether any persons are KEEP
an unwnrantahle time before trial?
The third Inquiry is, whether It is expect
fects in the practice in the Custom House q
render it easy for the clearance Of vessels 70
: the slave tradey' With respect to that, gen
t1emen, it may be well to consider for mo
ment what Is the Jurisdiction Of the Fedcra
Courts, First, then, they can only inquire int
! the violations Of the Federal laWs. Tn
Federal Courts have no common law crlmina
jurisdiction, and they therefore have no jurii
dictfon over ofenscs that are not created b
} tho Constitution. or some act Of Congres
under the Constitution.
I understand that 1t IL the duty Of the Grnn
Jury to inquire into nll matters that ar
:. brought before their notice by the prosecutin
| officer That Is well understood. It Is We
f known that English Grand Jurora have otter
: timesand probably it is d part Of the cou
mon law Of Englaud-inqulred into sue
n,ntters; but the Court is not nware Of IN
statute Of the Constitution, or Of my practIc
in Federal Courts, which would make it th
, duty Of the Grand Jurics to inquire into an
Investigate matters embodied In either {
these questions.
; The Court does not intend to say that 20
may not make such inquiry, but then it is on
side Of your judicial duties, and, If you max
areport to the Court, have no power to ac
) aud can do nothing Hlors than file 1t with th
/ records Of the Court; and therefore it caEnt
: b regarded as tho duty OF Grand Juries
. Federal Courts to make thcae Inquiries.
. You will now retire, gentlemen, and procee
|. with tho business before you