The Richmond palladium. [volume] (Richmond, Ind.) 1855-1875, 1863-05-08
Charge of Judge smith To the Gran d
Jury Ian the United states COurs
for the District of Indiana.


for the District of Indiana.
GEsrLEMEN OF THE GRAND JURY: Your
duty as Grand Jurors requires you to lnves.
tig ate such alleged violations OF the criminal
laws of the United States committed within
the District of Indiana as may be brought
10 your attention The offenses which most
frequently require the attention Of Grand
Juries in the Federal Courts consist mainly
of manufacturing and passing counterfeit
coin aud securities of the Government.
and violations Of the laws passed for the
protection and security Of the mails.
A state of affairs exists at this time which
has given much prominence to ofenses
which in ordinary times are OF rare occur
renee.
During the past two years . formidable
insurrection against the Government has
been prosecuted by the inhabitants of several
of the States of the Confederacy. To aid in
suppressing this Instruction it has been
found necessary by Congress to pass laws to
counteract and punish various acts by which
portion Of the citizens of the States not
involved in the instruction seek to embar-
rass the Governments aud give encourage.
ment to those who are engaged in armed re.
bellion.
The cause of the rebellion may be mate
rally aided by acts which do not amount to
the crime of treason, as it has been judicial
" defined, but which in their effects give
important aid and comfort to the enemies OF
the Government. The act of Congress Of
July 3lst, 1861, was framed to meet such
cases.
This act makes it highly criminal offense
for two or more persons to conspire together
to oppose by force the authority of the Gov
ernment Of the United States, or by force to
prevent, hinder or delay the execution of
any law of the United States.
The resistance TO the authority OF the
United States which has been most frequent
ly manifested in this State, has been directed
to the efforts of the Government to increase
the strength and efficiency Of the army by
drafting men for military service, and by the
arrest of deserters.
The Federal Constitution, and the laws
of Congress passed in conformity 10 it. are
the supreme laws Of the country. They i'm
pose upon the citizens an obligation superior
to that of which they owe to the Constitu-
ton and laws Of the State in which they re
side; and if it should happen that the laws
of the United States and those OF a State are
IN conflict, it is the duty OF the citizen to
yield obedience to the superior authority OF
the Federal Constitution,
To repel invasion and suppress insur-
rection the Government of the United States
is invested with authority to require the
services of every citizen able to perform
military duty. II is only through the mill
tary power Of the Government that the
formidable instruction which now threatens
its destruction can be suppressed. Every
act which tends to weaken the military
power Of the Government indirectly aids
the rebellion. To preserve the efficiency Of
the army, it is essential th at those who have
entered Into the military service should faith
fully perform their engagements.
Desertion is one Of the highest crimes that
soldier can commit 1t may be punishable
by death If the Government cannot avail
itself of the service of those who have been
enrolled in The military service.
its efforts to suppress the rebellion must
necessarily fail.
The citizens OF the loyal States cannot in
iure 4 be national cause 10 any way more
efectuaily than by encouraging desertion
aud preventing the arrest Of deserters.
The necessity of preserving the integrity
of the army by providing suitable penalties
against those who should aid or encourage
dssertions was recognised by Congress
during the war Of 1912 with Great Britain.
The act of January II, Is12,and which is
still in force, subjects to fine and imprison-
,oent every person not connected with the
army Who shall procure or entiee soldier
to desert. or shall purchase from soldier
his arms or uniform eloathing. The oct Of
March Sd, 1863. has extended ths penalties
to all persons who shall harbos or give
employment to deserter. knowing him %
be such.
1t viii BE- your duty to present by indiet-
wsnt all persons within this district who
shall be proved TO have been guilty OF either
of these offenses. sea
In the progress Of Investigations which
have been made in this Court, il has besn
proved that there exists ia different parts of
this State secret organizations Of . political
character, the members Of which pledge
themselves by voluntary oatls 70 ns,ual
protection and assistance, aad to secrssy in
regard TO their transactions. A Il 10
probable that your attention nay BE- called
to thi. subject, it il proper that l should
L. L. L.