Columbia Democrat and Bloomsburg general advertiser. [volume] (Bloomsburg, Pa.) 1850-1866, 1862-12-06
G n A r G e
HON. WILLIAM ELWELL,

d,ctaL DiStJi0 Of Pen1SyiUoni0, deiiU.
ered TO the Graad Jury, on the opening
ofthe Columbia Co. Courts, al Blooms
burg, December l, 1862.
! GENTLEMEN OF THE GRAND JURY;-
Your duties as the Grand Inquest of
the Commonwealth Of pennsylvania in
quiring for the County of & Columbia, are oil q
grave and responsible character. Through
your action alone can an offender against
the laws be placed upon trlaI for his crimes
by your careful examination the innocent
accused may be saved the vexation, morti
fcation and expense of public trial.
By virtue Of the recent suflrages of a
confding people and the consequent com
mission of the Executive of the State, il
becomes my duty as the Presiding Magis-
| tratc of this court to instruct you in, at
least the detail of your duties but, as
these have been SO frequently pointed out
by my learned predecessors, as to make
almost every person familiar with them, il
is only necessary to bring them briefly in
review before you.
Fortunately for the administration Of
justice, a change of Judges produces NO
change in the law The incumbent is but
the constitutional medium through whom
the judgment of the law is pronounced
We have therefore no new views upon the
science of law-no new rules of civi con-
duct, no new construction Of powers or
duties, either of the court or jury, to ad-
vance, ,--content with the legal land dmarks
set up by the experienced jurists of this
and other countries, and considering them
as safe guides in the discharge of public
duties, we shall endeavor strictly to adhere
to and follow them
In administering criminal law it is proper
and right to regard both the obligations Of
the government and the duty of the citizen.
BY reference 10 the Declaration Of Rights
contained in the Constitution of this Com
monwea!th, we find among other things
a pledge of the Government, THAT all
courts shall be open, and every man, for
an injury done him in his lands, goods,
person or reputation, shall have remedy
by due course Of law, and right and justice
shall be administered without sale, denial
or delay "That the people shalt be
secure in their persons, houses, papers and
possessions from unreasonable searches
and seizures; and that no warrant to
search any lace or seize any person or
things shall issue without describing them
as nearly as may be, nor without probable
cause supported by oath or affirmation"
''ln all criminal prosecutions the accused
hath right to be heard by himself and
bis couLsel; to demand the nature and
cause of the accusation against him to
meet the witnesses face to face to have
compulsory process for obtaining witnesses
in his favor; and in prosecutions by in.
dictment or information, speedy public
trial by an impartial jury OF the vcinage."
"All prisoners shall be bailable by sufi
cient sureties unless for capital offences
when the proof is evident or presumption
great and the privilege of the writ of
Habeas Corpus shall not be suspended
unless when in case Of rebellion or inva-
sion the public safety may require it,
These provisions of the fundamental law
strongly guaranty to the citizen, personal
liberty, personal security and the rights
of private property, and the power Of the
oouo0 J." P'0uSSu W pioecSt MIN III IEGli
enjoyment.
On the other hand, in return for the
care and benefcent protection bestowed
upon him, the citizen owes fealty to the
Government, and is bound by every con.
sideration which ought to control human
actions, to yield hearty obedience to all
i S constitutional requirements and statu-
tpru oh i
those things which are by law prohibited,
Unfortunately however there are those
who will not regard social duty, nor be
restrained from the commission of crimes
and misdemeanors. For the punishment
of such. penalties have been provided ac.
cording to the grade Of the offence, and to
be inflicted through an indictment prefer
rcd by the Grand Jury. AS conseryators
of the public peace you are therefore to
inquire diligently and true prescntments
make of all such violations OF law within
the County as are punishable here, and
which proper come before you.
Without an enune ration Of the differcn.
crimes and misdemeano,s which are cogniza.
BILE by you, wemay say in general terms, that
they are chiefly embraced under the general
heads of offences against the State-of.
fences against Public Justice-the Public
Peace--Public Morals and Docency--
Public Policy, Economy and Heath
against the Persons of NEUTRALITY-SUSPICIOUS.
Personal Properfy-against Real Proper
ty and Malicious Mischief, and offences
against the Coin and Forgery. In consid
ering the cases which come before you,
you will remember that the only safety OF
society is in the certain and prompt pun.
ishment of all persons guilty of crime
The certainty of punishment more than t.
severity is apreventive to the commissio l
Of crime.
Offences which corrupt the morals o.
the youth Of the land are m ore dangerous
because more insidious, as well as NOR
enduring in their consequences, than other
more openly and publicly Committed
Wei Gus habits formed in youth, but to-
often destroy the usefulness of their victim
as q citizen haunt him for p,ony ;f nat al