Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1862-08-07
ssThe Presentnscnt Of the Grand
Lury.,

ssThe Presentmcnt OF the Grand
Jury
Our amiable neighbor. the Journal. excerpts TO
some comments we made upon the partisan char
acter of the Grand Jury of the United States
District Court at its last term held in this city.
For the first time in many years, and at a period
when the dominant party proposed mo party
ISM" we stated that lit remains for no party
Marshal to constitute Grand Jury without
single Democrat upon it, In excavation the
Journal makes the following comments:
Judge Brown, of Owen county, on that
jury, and he is a Democrat. ID ,niel Sigler was
on IT, and he Is a Democrat. There were two or
three other Democrats on il, and "a many Repub
licans. who. not being present during the whole
investigation. did not sign the pre>entment. Ben
iamin g. Stout was on il, and he BELL
man in lo6O.
We give the Republican organ the benefit Of
its exceptions, and every man who is acquainted
with the parties whom it claims to be Democrats
cannot but conceJe that it makes the partisan
Character of the Grand Jury the more apparent
by its lame apology. The Journal might as vel
claim that JUDAs IscARIor was an apostle IN good
and regular standing. rs that Judge BRowS, or
DANIEL SIGLER, or the 1.-TWO three other Dem
ocrars on it," (the Grand jury are now denti-
fed with. or have any sympathy with the Demo
cratic party.
We make no issue. howeyE. about men. tits
the facts we are critcising. The testimony be
fore the Grand Jury wis one sided The accu
sed had no opportunity to either examine
r.. nd lay
as well as every man who has attended
courts. well knows that the cross exam
inaton of a witness makes n vast deal of
difference in the character of his testimony, and
even the facts which he relates. How often is it
that indictments presented by Grand Jury. and
honestly upon the testimony before it. when that
evidence Is thoroughly siflei. have been found to
be utterly base.essg A secret tribunal, hearing
only one side OF a question. is not competent to
decide upon the guilt of those who thus
brought before it.
But the Journal editor. who is very learned
and wise man no doubt. SAYS 1.-The CoDstitu ion
of the United States compels all persons held to
answer for any capital or otherwise Infamous
crime to be presented By a Grand Jury" There
Is no compuision OF this kind. Judge MARSHALL.
who probably understood the character of tile
Constitution at least well as the editor of the
Journal in an opinion discussing the 9Th amend
ruenf OF the Constitution referred to. says: Each
State established Constitution for itself, and in
local Constitutions. provided such limitations
aud restrictions in the powers of its particular
government it, judgment dictated" In the
Indiana constitutional Convention of 1850. the
proposition was made and iavorably entertained
by a large number of its members, TO abolish the
relic of barbarism. In discussing the PROPOSE
ton, Mr. ANTHONY. not Democrat. said:
The real object OF the establishment of the
Grand Jury system in England WAS not so much
for the protection OF the peoples rights and fran
chses as it "A covenant and most powerful
prerogatiye of the Crown. TO the ACKNOWLEDGEMENT
and sirengthng OF which il has always con,rbu
ted.
Under the Constitution then it appears that the
Grand Jury system is not compulsory, but simply
optional, notwithstanding the learned opinion Of
the very able editor of the Journai.
Another point. The Journal says the Grand
Jury Iidnt publish its presentment at all. Did it
rot make il public. publish i; in full by request
ing the Court to spread it upon its public recordI
Ii says the Court ordered that copies be sent TO
the daily papers OF this city, and then requests
TO explain why it (we) didn't get its copy and
publish il. as the Court or,leredl" The explana-
ton is very simple. No copy was sent Us. anu
therefore the order oil the Court was not obeyed.
% tar as We were concerned.
Again. We did not and do not plead for the
immunity OF traitors, as the Journal alleges
We ealy objected to the attempt, the infamous
attempt of partisan Grand Jury. political Sc
cret tribunal. to prejudice the public and prevent
the accused, to which the meanes, criminal is Ell
titled from having a fair and impartial trial
We sad, and We nov say, it the accused are
guilty of treason. ia aiding and abetling that
crime. punish them the, deserve. but there can
be no more malignant act than the attempt for
partisan purposes TO PREJUDICE mea who
may be utterly innocent and Who upon a
fair trail may be acquitted OF even intent
OF wrong doing. Our Government becomes a
meaner despotIsm than Austria when a body Ol
men, selected on account OF their party bias, can
set in judgment upon a citizen. accused perhaps
unjustIy by personal and political enemies OF a
grave crime, and be condemned upon such test
mony This is the kind OF justice that the Grand
Jury aforesaid and the Journal jus'ifes as part
of the American Constitution. From such Re
publicanism, Good Lord deliver u.s."
eB- A gentleman in Mount Vernon has sent
Us the names of one hundred and i've subscribers
ia Posey County in two weeks. he says the PEG
pie there are highly pleased with the action OF