Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1862-03-15
Charge to the Grand Juries Of the Second
and Third Judicial Districts.

Charge to the Grand Juries Of the Second
and Third Judicial Districts.
Gentlemen Of the Grand Jury:
The position now occupied by me is new
and comparatively untried. On occasions Of
this kind things are apt to "loom large" in
the distance. If then, any highly awakened
expectations shall be disappointed, your in.
diligence is most earnestly solicited. AT the
same time be assured, that ! am not unmind.
full Of the weighty responsibilities involved in
our present official relations.
We are assembled here by the mandate Of
law. Government and the laws enacted un.
der it, although they may sometimes fail in
their object are both designed to promote the
happiness and well being of society. Espe-
cially il this the case in our country, where
the ranks and titles of nobility are abolished,
and where the people are the acknowledged
power through the laws made by those, to
whom the right has been duly delegated, and
by the entire machinery Of our free institu.
tons.
Were it othcrwise-wcre there no agreed
submission to rules, maxi,is, and precepts,
which arr founded in nature, religion, and cx.
perience, incorporated in, and made known,
by proper forms, and solelnnities as the law
OF the land" mankind would act without re-
straint, swaycd by cap,ious impulses, and
would be but little removed from a state of
savage barba,ism.
By an observance. and enforcement Of law,
We gain progress in moral and intellectual i'm
provcnncnt; art, science ard commerce, with
ali their utiendan, incidents, are iosiercd and
protected. These have in all ages and in all
countries where they have existed, or do cx-
list, contributed to swell the amount of human
happiness, and to force. onward and upward,
the benefits and blessings of civilization to
their points Of elimination. In our country.
courts of justice, aided by juries and other
appcndagcs. are IN unalterable part of the
machinery of Government. Entering, then,
upon the duties of the judicial Office assigned
me by Executive favor-knowing that in the
fallen condition in which human nature is
found, it is the province of courts to pass upon
the "life, liberty. property and reputation" of
the citizen, the inquiry "who is sufficient for
these things" cannot be rcpressed.
None Of us, even the hunblest, can escape
duty, Or shun responsibility with impunity.
These attach, and pertain, though perhaps in
different degrees, to all; to courts, jurics,
counsel, and citizens. They attend us through
life, and ought ITO grow with our growth and
strengthen with our strength"
Among the duties of my position, and CHI
joined by the statutes of your young and ris-
ing Territory, is to see that you are correctly
impannclcd and charged. This course Of
charging grand jurics has been a ruling GUS
tom, and of long and ancient standing 1t
exists in most if not all of the States of the
Union. Yours is State in embryo, and the
law gives you the benefit of the custom. In
tho outset let me say to you, that your Office
is an honorable one, as well as most useful
part of the organization of courts of justice.
You come, by wise provision of the law,
from the vicnagc You are supposed to know
the wants and wishes of your fcllow-citizens
in matters pertaining to their safety, as well
as their moral and physical condition as
community. In a judicial sense, you are tho
guardians, and should be the wise, efficient
and prudent promoters of the peace and good
order of the districts for which you act. 1t
is made your duty to ferret out crime, that the
perpetrators of it may be brought to trial, and
il found guilty undergo the merited and pre-
scribcd punishment. In this respect grand
jury of this Territory in somewhat different,
in their action and proceedings, from that
which prevails in States with which this
court is familiar. In many of the States and
Commonwealth, grand juries act only upon
indictments laid before them by the District,
or prosecuting attorney upon previous infor-
nation, and binding over, or the party COM
mitted to prison, unless it be in cases where
presentments are made upon information OF
one of their number, or the sworn return Of q
proper officer.
Here you act almost exclusively from your
own knowledge. Offenders seldom know that
they have to answer for violated law, until it
is made known to them by an arrest, founded
upon your presentment and an indictment
drawn pursuant Herewith by the District At
torney. Here also you act, so to speak in a
double capacity. You have original cogni-
zamcc of all offences committed against the
laws Of the United States, and the laws Of
Washington Territory within this District.
You are respectfully to enquire as to tho Of
lenses of any person confined in prison ON
criminal charge; into the condition and man.
agement Of the public prisons of tho counties
or district, into the wilful misconduct in Office,
Of public officers. and in your discretion ex-
anime the public records Of the county"
These duties are enjoined by the l95th and
l96th sections of the criminal practice oct {"
Of this Territory.
Before entering upon your duties. You have
to take an oath ito diligently enquire and
true presentmcnt make Of al such matters
and things. as shall come to your knowledge
according to your charge" This part Of
your oath is SO clear. plain and familiar. that
"he who runs may read" and needs NO fur
Their comments from the Court. 1.-The coun-