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


pirate heads.
You are, gentelmen, q Grand Jury aud
grand inquest for the body Of the County
of Davidson. In one sen'e, you are
officers or Jurors of the United States
and sit here protected by the Federal au-
thorities. By which protection we sle
enabled to enforce tie criminal law in
the County Of Davidson, without this
there is no security or safety TO persons
or property.
II is . wise provision Of the Consiitu-
ton: That no person shall be required
to answer for . capital offence, crime or
or misdsmsa1or, q few excepted cases)
enly by pressntment or indictment Of
Grand Jury.
That the accused be informed Of the
nature AID Gauss of the accusation. That
. fair and impartial trial may be had,
without sale, denial or delay" The
Court is satisfied, gentlemen, that you are
true, loyal Union men, therefore compe-
tent Grand Jurors, and will hone stly and
truly present all crime and misdemean-
or, if known to you, which may be given
| you 'in charge, or otherwise brought to
your knowledge" There are class Of
offences which will give you in charge,
that would not be presented by rebels,
although known, neither brought to trial
by rebel officers, or those who pray for
the return Of the rebel army, or those
who sympathiss with the rebellion or
/ rebels
Yet it is exceedingly hard to find
rebel or secessiOnisi; all now deny ever
being seeesb, or that they were ever en-
gagged in anything against the Govern
ment.
Bat before proceed to charge you
| specially, OF define in detail the various
ofsnses which it may be your duty to
present. ! will call your attention to
another oath Of importance recently re-
quired, and taken by most of the citi-
zens Of this county, at least by all who
were suspected of being disloyal. l
mean the oath of loyalty, (as il is term
ed which is as follows:
'UN1TKD STATES OF AMEsrcAl q
State of TenneNes, Davidson Go. o. o.
-, do solemnly swear, that l will |
support, protect, and defend the COnsti-
tuition and Government Of she United
States against all enemies, whether do
mestic or foreign; and that will bear
true faith, allegiance and loyalty to the !
same, any ordinance, resolution OF law Of |
any State, convention, or legislature TO |
the contrary notwithstanding; and fur
ther that / will well and faithfully per-
form all the duties which may be re-
quired Of me by the laws Of the United |
States. And | take this oath freely and |
Voluntarily, without any mental reserVA-
ton or evasion Whatsoever"
Your attention is called 10 this i'm |
pOrlant obligation, for purpose which l
will explain and define in connection
with the crime of perjury.
The General Oath, (sec. 4021, When
properly understood embraces in general
terms your entire duty.
You swear that "you will diligently |
enquire and true presentment make"
Then you will fairly, honestly, and faith
folly enquire of each other in the first |
place, and each truly tell and disclose to
his fellows and the whole jury what be
may know in references to all offences |
given in charge or otherwise brought TO
bis knowledge; also, TO well and truly /
examine and enquire Of all witnesses
sent before you, and send for and ex
anime all witnesses as hereafter shown
you may lie required to send for; this
you are also to truly and faithfully do
ascertain the truth, and then true pre-
sentiment make.
You are to keep secret the States
counsel, your own and your fellows
that is, the advice of the Attorney Gen
sral, and the Court, when secrecy is
required, and the acts and dOings
of yourselves as such jurors; such as,
upon whose testimony, presentmsnt was
made, or who caused certain witnesses
to be sent for, or what was sworn, &c,
&c. and not to disclose who or how
any one is presented or indicted, unless
the accused Is in Jail or under bail, un-
ill after arrest. Presentments or indict
menis are not 10 be inspected By any
one but the Court, the Clerk, and the
Attorney General, and they are also
bound to secrecy.
You are to present no one from malice,
hatred, or ill-Wiil, nor leave any unpse-
sented through fear, favor, or affection.
The Office of grand juror is Of vital
importance to the community, and Of
great responsibility. The grand jury
room is no place for malice, or ill-feeling,
bribery, or corruption, but as before re-
marked, there you are 70 ascertain the
truth and true presentment make.
You will be governed BY the Code Of
Tennessee, which l charge, in general
n Il L. D
tained, except 80 far as before and here
after may define and show. Bot some
of the statutes | Am required 10 chsrge
more specifically and call your attention
TO the provisions thereof This / may
do hereafter. 0n your retirement, yoo
should be furnished with q copy OF the
Code to examine for yourselves. Also
you are entitled to the services and ad-
vice of the able Attorney General, who
will be with you, when convenient But
be, nor no other person has right to be
with you, when the question is put upon
the fiodiny Of an indictment (see Code,
sec. 50s2) The Court will also, at any
time when convenient, either publicly or
privately, give you any further instruc-
ton which you may require.
Its proper for the Court 10 state in
this connection, That We will not regard
any act or resolution Of the 90 called
Confederate Legislature - law, or IN
anywise obligatory upon this court, ex-
cept 30 far as TO crimInats, all such Leg
islators their aidsrs and abelters, who 80
willingly acted, Ead promoted tae rebel
lion, as rebels-snd guilty Of treason
against the State, Es 80 declared ard de-
fined by the Code before referred 10. (see.
4743)
CAPITAL AND TELOKY oAUsEs.
You will generally have = prosecutor
on indictment drawn up Ia due form By
the Attorney General, witnesses sworn
up1.n them, and sent before you, such for
instance, as murder; mahem and mali
cious Wounding offences against fe-
males; assaults and batteries With in
tent 70 commit crime; robbery; larceny; /
receiving stolen property; obtaining |
money or other property under faiss pre-
tences; extortion; kidnapping; tresPass
upon propsrty; malicious mischisf; arr
s9n; Burglary I; embezzelmsnk breectes 81
trust; forging; eOunterieiting carry
ing or selling dangerous weapons; chal-
ienging 10 fight duel and iDputi1g |
-. -. A.. g. rafueinO N areanf a Il