The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1863-07-10


United States provides, that "no person
shall be held to answer for capital or
otherwise infamous crime, Except in ca
ses which are enumerated) unless on
presentment or indictment of grand
jury" Grand juries, then, constitute
most important part of our judicial sys-
tenn, and as it ls through their instru-
mentality that criminals acts are brought
to the notice of the Court, and offenders
against the law TO trial. they cannot es-
innate too highly the delicate and re-
sponsible duties which devolve upon
them.
This Court possesses no common law
jurisdiction over offences, and tits, there
fore, only after the national legislature,
acting within the limits of its Constitu-
tional authority, has declared an act TO
be punishable, that this Court can take
cogniZance of such act as a public Of
fence, and then only when il is commit
ted or done within the limits of this ju-
dicial district. You, therefore, as a
! grand jury, have no cognizance of any
offence at common law, but merely of
those offences which have been so de-
clared by the statutes of the United
| States.
1t is your duty to inquire into infrac-
tions of the penal laws of the United
States, ascertain whether an offence
against those laws has been committed
within this district, what was its legal
character, and who were the offenders
and having done this, you will make
your presentments according to the law
and the evidence.
And just here it may be remarked,
that your inquiries will not be restricted
TO the conduct of persons residing in this
immediate district, but If, in their pro-
gress, you shall find that other persons,
from any part of our extended country,
have been within this district, and while
here, have been guilty of criminal Of
fence within your cognizance, it will be
your duty 10 present the fact to the
Court, and however distant they may be,
the far reaching energies of the law will
be exerled to bring them up for trial, and
if guilty, to punishment.
The oath which you have Just taken
is not less indicative of the diligence
and energy with which you should enter
upon the discharge OF your duties in
bringing 10 light criminal offences, than
it is of that spirit of patience, in6epeud-
ence and judicial impArtialty, which
should characterize all your delibera.
tions. You have been sworn diligently to
inquire, and true presentment make OF
such matters and things as shall be given
you in charge. The meaning of the
words, "diligently to inquire" is defined
by learned judge 70 be "diligently to
inquire into the circumstances of the
charge, the cfedibility of the witnesses
who support it, and from the whole, to
Judge whether the person accused ought
to be put upon his trial"
In making tbs diligent inquiry, your
highest aim, within the sphere of the du-
ties assigned you, should be simply, 10
promote the ends of public justice And
in order that you may do this eflectual-
ly, it is all important that your minds be
diVested of every bias. which may be
calculated 20 peTvert and mislead your
judgments. Your deliberations should
be prompted by due regard, as well for
the private rights of individuals, as fOI
the public interest And your oath
therefore, requires that "you shall pre-.
sent no person through malice, hatred, ol
ill will, nor shall you leave any one un-
presented through fear, favor, or affec,
tion, or for any hope, or promise of re.
ward"
Grand juries are high public function
aries standing between the accuser anC
the accused. They are the great secu
rity 10 the citizen against unfounded anC
and vindictiye prosecution, and the granC
jury room IL, therefore, no place for th'
exhibition of personal animosties, o.
the qualification of individual malice
The moment that these, and the not les
seductive influences of fear, favor or af
fection, are permitted 10 invade the SIC
tity of the jury room, grand juries ceas
to answer the purposes OF their institu
tiOn, and become the instruments of Op
preston and wrong. The pressure 0
popular excitement, the allurements O
gain, partisan favor, personal preiudic,
and, in short, every influence of fear, ia
vor, or affection must be carefully disre
garded, and not permitted to intrude up
on your deliberations.
While il is peculiarly the duty Of th
grand jury TO discover aud bring 10 tria
all who have been guilty of offences un
p der the laws Of the United States, 20
will bear in mind, that il is also you
duty TO protect the innocent from an
founded or malicious prosecutions. An
with this view, il is incumbent upon Oh
grand jury 70 hear all evidence ealeula
ted 20 shed any light upon an accusation
whether tending 20 show the guilt or In
T. nooence Of th3 party accused
THE EyIpEECE 10 BIS HEARD
u WAS formerly held that the gran