The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1863-12-09
oRIuINAL COUmF.

Charge 10 the G rand Jury. Decem-
Der Term, Is93.
Gentlemen of The Grand Jury:
The oath just administered to you pre-
supposes that you are to be charged by
the Court (sec. 4021) You remember
the oath, That you will diligent ly in
| quire and trae presentment make of all
offences given you in charge, or otherwise
brought to your knowledge, cousmitted
or trisble, within the county of David
son, That you will keep secret the States
counsel, your fellows and your own
| that you will present no person from
hatred, malice, or i'll will, nor leave any
unpresented through fear, favor, or affsc-
tiop, or for any reward, or the promise
| or hope thereof, but that you will pre-
sent the truth, the whole truth, and no
thing but the truth, according TO the best
of your skill and understanding. Sohelp
(see this Oath Code, sec. 4O21.)
By rule Of this Court, you were re-
quired to take an additional oath, /. e.,
"To support the Constitutions of the
United States aud of the State of Ten
lessee"
1t is (dOubtless) known to you and the
country that this court has not been
elected as contemplated by the statutes
of our State, but | hold the office indi-
Iectly by appointment from the Presi-
dent of the United States. That is, by
art. 4, ca. T. of the Constitution of the
United States. This State, Gas are All
other States in the U. So guaranteed .
republican form of government, while un-
der this Constitution and il adhered to,
and the laws faithfully administered, we
were prosperous and happy people, and
so remained until the usurpation of power
by designing demsgogues, traitors and
rebels, who violated their oath and the
Constitution of the United States, and
who combined and cOnfedersted to de-
stroy the Government; and to some ex-
tent they succeeded. So for short time
we were without that republican form
government guaranteed to as By the Con-
stition of our fOrefathers. Without exc
ecutive or Judicial officers, Government
Judges and most Of the municipal officers
turned traitors and rebels, engaged act
lively in the rebellion, disregarded their
osths, trampled the Constitution and
laws under foot; consequently We were
without courts and without laws; even
the msgistrates' courts, in many coun-
ties and most of the civil districts, be-
come imperative, except SO far as to aid
the rebellion by recruiting and swearing
in rebel soldiers.
Thus crime stalked abroad in our once
beautiful city and county almost unno-
ticed. YIs, murder, arson, rape, robbie
~, larceny, bigamy-in q word, almost
the whole catalogue Of crime and misde
meanors were committed with impunity.
While in this deploFable condition, the
strong arm of the Federal Government
was thrown around as.
The necessity of appointing . true
loyal Governor in and over the State If
Tennessee desolsed upon the President,
and in pursuance thereof, the Honorable
Andrew Johnson, was duly appointed,
with plenary powers to appoint judicial
ana sll other officer, that he might think
proper or necessary IN order to restore u
the people republican form Of Govern
ment, law and order.
Then in conformity with this power /
have been duly appointed, commissioned,
and qualified as judge of this Criminal
District, (for the counties Of Davidson
Rutherford add Montgomery
Therefore | also was sworn (as you
were to day to support the CInstitutisn
of the Uaited States. Therefore il be-
comes my duty to charge you the Law
and TO see that it is executed, at least as
far as pracsiezJls IN conformity with the
Constitution Of the United States, for this
purpose this court is duly organized, add
bouad to respect the criuinal Law Of the
State (and Of the United Slates) as they
wers, before violated or attempted 70 be
separated or changed by rebels.
Then gentlemen, It is the duty Of the
court to instruct you as to crime and
misdemeanors eOyniza5le Ia the county
of Davidson. Before proceed, however
TO giys yO1 specia instruction, p rmit
me 10 remark, That We may differ in
opinion about the rebellion, some APP
prove and others disapproYe OF certain
provisions Of the constitution and
State policy, or the Presidents proelA-
nation and war policy, yet We have no
power 10 modify or ehsnge either, But
il is eur duty, as loyal court and
grand Jury TO enforce the criminal law
snd adhere to aEd be governed By the
war policy Of the Administration. This
is also the duty Of al loyal citizers.
There may be, and doubtless Is sOms
apparent Inconsistency, With the war
policy Of the Admins tration and our
municipal laws. Still we are bound 10
recognizes the rebellion as fact, snd sub-
NIT to and be governed by the war policy,
uroclamations and orders Of the Presi-
dent, wherever they conflict with our
statutes. Yet 1t shall be orr parpose to
administer the criminal laws mercitaily,
and as far e. practicable in harmony with
the pEiaeiples and policy thus reeog-
nized.
qsasre ara soms statutary laws, In my