The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1863-04-10

JURY.-We give below the chief points of
Judge Brien's charge to the Grand Jury
on opening the Criminal Court last Mon
day
GENTLEMEN or THE GRAND JURY.-
Under the provisions of the CONSTITUTE on
Of the United States and of the State of
TENNESSEE, (Which you have sworn to sup
port,) aud the laws made pursuant there
to, no free man shall be compelled TO
answer any criminal charge, except by
presentment, Indictment or impeachment
Therefore, all violations of the criminal
law of this State may be prosecuted by
presentment or indictment by a grand
jury, except in certain cases, which, be-
fore concluding, l will communicate to
you through the statutes.
In this connection it is proper TO state
that a presentment may be made upon
the information of any member OF the
Grand Jury TO his fellow jurors, and al
so upon the testimony of witnesses in
certain cases, (Which will hereafter be
shown, such witnesses being first sworn
and sent before you for that purpose.
Code, p 891, Sec. 4989
To this end, therefore, the courts of
the country should be opened, that the
laws may be enforced and right and jus.
tice be administered TO the accused
without sale, denial or delay. These are
some OF the rights guaranteed to the &C
cused. Wherefore, you have been duly
summoned, elected, emp 'nnelled, and
sworn as Grand Jury or Grand In
quest for the body of the county of Da-
| wilson.
The oath, gentleman, which has Just
been administered TO you by the clerk,
was not a matter Of form only, but was
designed and intended to apprise you of
the Importance and solemnity Of your
several obligations, which, when rightly
understood, embrace almost the entire
duty which, as Grand Jurors, you owe
to yourselves and to the country, and
which the good citizens of Davidson
County have right to expect of you.
To these obligations you will allow the
Court again to direct your attention. as
they cannot lie too well understood
| (EIis Honor then proceeded to explain
the oath of loyalty. 1st The oath adj
ministered TO Judges, and I'd, the gene
raj oath TO Grand Jurors
Gentlemen, it devolves upon the Court
to charge you the law, and upon you to
adhere to and be governed by it when
charged. 1t is the duty of the court to
charge the law as it is, and to give you
legal and proper instructions. These
instructions are to be presented generally
or specially. There are certain statutes
to be given specially in charge, and your
attention specially called to the provi-
sions thereof. Hence, the court, in per-
forming this duty, will charge the law
as it is written faithfully and fearlessly,
believing you will administer the same
as charged.
Our country is vitality interested in our
action, more especially the good people OF
this county and this State, and in again
being restored TO law and order under
the Constitution of the United States and
of the State of Tennessee, are in the pro :
lection thus aforded.to our persons and
property, dispensing, TO some extent,
with the necessity of military rule which
has obtained here for some time past
Our State, and especially our county, are
now almost entirely desolated and ru-
ined, and nothing, in the opinion of the
Court, can save us and the country eX.
cept a return to our allegiance TO the
Government Of the United States aud the
enforcement of the laws un Der the cOnsti.
tutions of the United States and OF ths
State of Tennessee. A failure TO do thi.
heretofore has been the cause of all ou'
troubles. The court recognizes no othel
l.. L. Il Iu - toI
and will charge you generally that al
legislation or attempted legislation, anC
all acts or pretended laws made or passed
without regard to the Constitution of thu
United States, by body of men styling
themselves legislators and representative
Ofthe people of Tennessee, while the Stat
was in rebellion and they thems Ives
rebels engaged in treason against tn
State aud United States, and not swOrt
70 support the Constitution of the United
States, but, on the contrary, sworn TO sup
| port the So styled Southern Confederacy
, are each and all absolutely null AM
void, and impose no obligation upon tn
ci liens of Tennessee. All persons VIII
were thus engaged are traitors, and ar
s liable to preseDtment and indictment TO
3 treason.
Tennessee is not out Of the Union
4 never has been, and her people this da,
owe allegiance to the United States ant
will, therefore, be governed by laws con
sonantto this relation, and all attempt
f to receda, rebel or force the State out o
the Union by usurparation Of pOwe
and in CONFIRMATION Of the cOnstitutio
OF the United States, were radically lille
n gal and void; and all those directly en-
n gagged in or aiding and abetting the same
are liable to be presented and indicte
. for treason against the State OF Tennes
3 see.
7. The organization Of this court is, gen
q tlemen, but the beginning of the re
J. sumption of civil law in this part Of I'll
y Union. In the absence of civil tribunal
where our rights could be asserted an
maintained and our wrongs redresse'
n how long and how greatly have we sui
>. fered. "Orime has stalked through th
: land unwhipped of justice" laying h
n ruthless hand upon tremulous old az
lie and lisping infancy; upon the stron
IF man and delicate woman, causing thol
N sands of fresides TO mourn the loss
all that made them happy; despoilin
our beautiful aud lovely country an
wringing the hearts of our people,
g Induosment to Suffers