, 1863-10-17

of the county.
The Court is advised that yon will be
required to investigate charges of perjury
and murder, and an observation or two will
be submitted to you touching the law in
such cases. To warrant you in finding an
indictment for perjury, you must be salts
fed that an oath or affirmation was taken
in matter before some officer authorized
to administer oaths and that such oath or
affirmation was wi'fully and corruptly false
and if made in judicial proceeding touch
ing a matter material to the question at is
sue. You will see that in general the oath
must not be as to a matter of opinion, but
of fact, and that the false swearing must
be wilful, as a false oath if made in mis-
take or inadvertence will not constitute
perjury. Under our law every person is
guilty of murder in the first degree who
shall kill aDolher purpoSely and of delibe-
rate and premedltated malice, or who in
the perpetration or attempt TO perpetrate
any rape, arson, robbery or burglary, or in
administering or attempting to administer
poison, shall kill another, and every person
who shall purposely and maliciously kill
another without deliberation and premedl-
tation, is guilty Of murder in the second
degree; the only difference between The
two crimes being an absence in the latter of
premeditatiOn and deliberation. Whether
person act purposely and deliberately and
of premeditated malice, you will infer from
the declaration of the party, and from all
the facts and circumstances detailed bef.r
you. The question of premrdiated malice
1o.r h. e
the party or from the conduct of the party,
as for instance, the deliberate use of a
deadly weapon, the law in such a case pre-
sumlng malice, as every man is presumed to
contemplate and intend the natural and
probable consequences Of his own acts
Whether any cases submitted to you will
come under the one or the other of these
classes you will conclude from all the facts
in the case guided by these observations
a reference to the statute and such sugges-
lions as the Attorney for the Territory
may offer yon.
Your attention will now be briefly called
to your duties as Grand Jurors for the Uni
ted States. There is a U S Statute
against buying uniform clothing from the
soldiers, and as there is a Military Post
here the Attorney for the U. S. may have
occasion to call your attention more eSpe-
cial to it. There is U S. Statute also
against bringing liquor into an Indian
country, or giving or selling liquor to any
Indian in such country or under the care of
any Indian Superintendent There is a
U. 5 Statute, also, against cutting and re-
moving timber from Government lands
There is U. S. law, also, against discour-
aging PulistiDg and volunteering into the
military service of the United States, and
also against encouraging and procuring de-
sertiOns from the military service of the
same. There is a statute, also, defining
treason, and miSprsion Of treason and pre-
scribiug the punishment and some other
statutes of a kindred nature enacted to
meet the public dangers and exigencies ari-
sing out of The present rebellion, to all of
which your attention would be more me
cially called if any cases wnniG nrobabIv
be submitted 10 you rJnder these avs. IF
any complaints should be made, you will
give 10 Unwilling ear to their investigation.
F.Iter a national career of little more
than three quarters of century, bringing
with it degree of individual and national
wealth, happiness and Importance. unpar-
alleled in the tide of time, portion of our
countrymen, enjoying largely and gener-
ouSly these blessings in the past, are in
arms for the overthrow of the institutions
erected by the great arm of Washington,
and the boom of hostile cannon is heard by
the Executive aud Congress in the Capita!
Of the nation.
Amid snch public perilS, however Justly
dear to free people may be the right Of
cauvassing and crilicising the official acts
of the Government, or the right of
free speech and press or the right to the
writ of Habeas Corpus and other kindred
rights, these rights should all be exercised
for strengthening aud preserving rather
than embarrassing and destroying the Gov
ernment, and while the nation is struggling
for its right to live among the nations of
the earth, until that right is secured all
other questions are Of secondary and sub
ordinate Importance To preserve the
Union of these States in all its integrity
and with its countless blessings, is the high
duty alike of Congress and of The Execu-
tive, and neither free people of this day or
posterty, will hold the one or the other
guililess, if they hesitate to adopt such
mea sures, however rigorous, as may be ne,
cessary for the attainment Of that beuef
cent end And if blessings conferred be the
measure of allegiance to the Government,
it is a matter for the consideration of ev-
cry citizen, how far that duty is discharged
by simply not raising his arm against the
Government, and whether in fact the Gov
ernment may not rightly ask him to raise
his arm in its defense, and whether while
his wealth should be ready to supply The
wants of the Government, his hopes, wishes
and affections should not cIuser around it
in its struggles
The Attorney for the United States, and
for the Territory, will attend on you, gem
tlemen, and give you such information as
you may desire, and you have the right to
ask the opinion of the Court ON matters Of
law al any time Courts are established to
administer law, as upon the whole it is con-
sidered in that manner justice may be the
more effectuaIly attained.
But if from inefficiency, or corruption on
/ the part of those charged with the admin
Stration of law, the people fail to receive
protection in their rights, person and lives,
they have very generally and very properly
taken their protection into their own
hands.
BOISE GOLD IN CALIFoRNIA.--The
| OyegOnian of the 18th has the following {:
by letter just received from gentleman
from this State, deeply interested in min
ing, who is now in SSH Francisco, we learn
/ Al l.. Al