The Cecil Whig., 1863-02-14

believe them to be unauthorized by the
law of the lanf, having no established
principle regulating proceedings before
Grand Jurics to sanction or to sustain
! ,hrn: brief reference to the essential
Of he tlrec extraordinary modes of
inS'tu:ng procedure, to winch | have
called your tcntion, will make this
/ clear to demonstration.
1t is not such presen mcnt as can
be made the basis of any action BY the
Cour, for being aimed at individual
offenders, and a specific aud distinct
offence, it could be legally founded,
only, on the personal knowledge of the
/ Grand Jurors tl!e presentment in qucs-
! ton a communica ion made to the jury
/ by the presiding Judge and the state
mcnts Of persons sent before them by
/ his direc ion this is precisely what the
! Court in Carpen cr's case decided they
had no authority 10 do, therefore stands
in direct conflict with the established
law and express decision Of his Court !;
| must, therefore, regard the prcsen,-
ncnt as irregular and invalid.
Neither does his fall under the
second classifca ion the proceeding did
no originate with the District Attorney,
nor was any Indictment, of his own
motion or otherwise, laid before the
Grand Jury.
is equally clear it does not fall in
| with the only remaining mode, which is
where he Court, Of jhcir own motion,
call the atten ion of the Grand Jury to-,
/ and direct an inycstiga ion Of, matters
/ general in their nature: for, as we have
/ already seen, that can ouly DC done
| where he evil affects the entire commu
nifty, and in no case where it is personal
and individual. Il is not to be doub ed
! that, in cases like those previously men
/ toned such as riots, nuiSanccs, and
multiplied and flagrant vices which in
jurionsly affect he health, or co!aor :,
or safety Of the public, the Court may
summon and send before the Grand Jury
wi nesscs to aid heir atigation ;
bur, to rccur again to the language Of
Judge King, "thjS c0HrSe is nersy
adopied m case Of ordinGry crimes
chorgcd aga'nSt indiv1daais, because it
would involve, to a certain extern, the
expression Of opinion, by anticipation,
on facts subsequently to come before
the Court for direct Judgment, and be-
cause such eases present none Of those
urgent ncccssi les which Justify a de-
paitnrc from the ordinary course Of
just.cr.'
Ii Il ju}-c may direc m invcs iga-
ion by the Grand jury Of an individual
case Of an alleged false arrest, the
result Of which investigation is % be
made he basis Of an individual, personal
indie mcnt, then may be in this way
insti ute separate and individual prose-
cutionS, upon Information Of unknown
and irresponsible persons, for every
crime known 10 the calendar, proceed
ing entirely at variance with the proper
functions Of his judicial Office, and which
in itself would constitute power of Il
most fearful and lcspotlc nature no
citizen would be safe ; for the same
officer who procGrcs the indie mcnt Of an
individual defendant for specific
offence, would have he power TO try and
sentence him when brought in o Court
| by his djrCct agency | have thus, at
some length, gentlemen, expressed my
views upon matter Of great public
moment could not do otherwise, and
deal jus ly with myself as a true and
loyal citizen, with the community OF
which | am a member and an officer, and
with my country, which has a right 10
know, in his he hour Of her extreme
peril, that as citizen and magistrate
my personal and official support shall be
given to i. Nor could |, by my silence,
permit the spirit of malignant and trca-
sonabic faction which lives among US,
which is wholly in the in crest of the
Rebellion, which by every means in its
power seeks to weaken lie arm Of the
uovcrnmen'. and to give support and
encouragement to armed resistance to
conStitu authority, by the honest and
woll-intentjoncd, though injudicious
action of any member OF this Court, 10
suppose that it could here receive en-
couragemen', protection or approval. /
have said nothing Of the act which has
given rise to this proceeding have nc
opinion abou It, because the facts have,
in no proper way. come before ne if Il
prosecution should in due form of law
grow out of ,he lransac ion AID b.
called for trial during this term, it shal
receive its due consideration at the
haud>. of the Court. | have formed nc
prcconccivcd Judgment which would dis.
qualify me from trying any case Oh
determining any questionconnected witt
it.
The Clerk is directed to enter the
following order upon the minutes of the
Court
And now, February ., 1868, it i,
ordorci that the District Attorney slal
send no indie men to the Grand JURY
based Oh the prescntmen brought into
the Court on the 3Oth ult, unit
directed SO to do by a majority of the
Court.
A UNITED STATES TuN.-.The Treas
ury Department. has decided that the
measure of tun, in making assessments
for the internal revenue, shall be two
thousand two hundred and forty pounds
in all cases, under the excise law, unless
the contrary Is specified.
RS" 4 child beginning to read become:
delighted with newspapers. because he read!