The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1863-08-05
4 Judicial Opinion OF ~ Canse u
The Outbreak.
CHARGE 70 TIE GRAND JURY.
INDICTMENTS FOUND YESTERDAY,
&c.. &c.. ID
Csuyt 81 0snsval Sessions.

The following panel Of Grand Jurors was sworn
Hugh Auchscoss, foreman, samuel Reeve,
Marshall B. Blake, James D. Smith,
Chas G. l. BrneEerhoS, James n. Taylor,
VIM. r. Beer, Jacob H. Gr0esbeck,
samuel J. Berry, Joseph Leegsu,
VIM r. Clark, Rush Patterson,
James n. Cross, Herman STUN,
Pred q. Foster George W. Weed,
George H. FRANKLIN, Anthony wallacb.
James Little James b. Roome.
The Recorder then charged the Grand Jury follows
GEsrxnn o. TIM GRAND JuRy-The solemn and impres-
oath which has just been administered 70 you indi
Gates soncse ana % snS u aa 'ne aS
expected 70 discharge them trust each one OF you
fully appreciates the responsibility Of his position never
greater than the present time, and ask your careful
attention few Suggestions which, in obedience 70 the
requirements Of the law well as The necessities Of the
Grand Jury room your nrsi duty win be TO perfect
your organization by the selection OF one or your
number as cllk whose duty y win be to keep brief
record Of ali your proceedings Having done this, you win
proceed promptly and jDdusriously 70 investigate all
crime which have occurred within the urisdlc
knowledge II is made my duty by law 10 call your At
tentcn especially TO oil offences against the Excise and
he vac and Ss
illegal fees g public officers and the law passed in 1850
10 prevent frauds in the sale OF tickets upon steamboats,
msdemeancr for any Grand Juror on ofDcer Of the
court 70 disclose the fact Of an indictment having been
aSr %S sUeS sSa BE-
In great city like this, gentlemen, crime al
ways abounds, and criminals Of every grade ana
degree are always 10 DO found. With the excep
zion OF minor Offences no crime can be punished
criminal be brought TO justice and 70 Judgment
stand between the prisoner and the state and Il is for
you TO zee that impartial justice 10 done TO each The
court opens this month, gentlemen with an unusually
mencement Of the present war the number Of crimes COM
mited IN this city was very materially dilninished me
was less bafdansome Than usual This state Of things
wns attributable TO various causes; but II was mani
fest to my mind that IL would be but temporary
SO il has been. For scme months past crime
has been on the increase. offences against the
person and offences against property rvaing
raj eprt Of awessness has been spreading through the
community. One OF the worst signs Of the times has
been the prevalent disregard Of and want Of reect for
the and the lawfully constituted authorities Ian
gerous meDdangerous because powerful and influential
have by example and preccpt taught the people TO dsre
gard anddisobey constitutional and legal Obligations and
sometimes upon one. pretext and sometimes upon ap-
other, have countenanCed W they have not connselled)
deobedience and resistance They have aimed their
tioa pf0v6us but al Tie officers Of the lawthe judges
thand and the decisions OF the courts AS time Of
msl eo apsy he ssisRss M plans Of
campaign so every one has become expOunder Of the
constitution and the aws and assumes 70 sit 10 judgment
upon the judicial tribunals Of the state and nation.
The people Lave become accustomed 10 look
upon constitutions and laws and authorities less
Ean I'D earlier dnys they bad been taught 10 believe they
The pulpit and press, the political platform and
Senate chamber, the social circle and perhaps
times the courts themselves, have been The schools 10
which these perncious lessons have been taught Mani
festatons or popular violence sometimes direction
and sometimes ID another, sometimes agarsi OF one
set OF opinions and sometimes against those OF sn6iher
have from time 10 time occurred 10 this ,tS ard else
where. When applauded they have ceen nrnlanded
loudly when n condemned s seey nay gem condemned
spoken Of them as ast cbrcas Of popular
Or p Ssrs =. nseps and
alarm, and fesecn and dreaded he harvest thew saw
Nat - = violation g aod q hostility 70 the fun.
ssesJ ss No. SP Ssvs as ~ . ,ssS S. and
authority, and those having nnuesce thar it was their
law BY never from sod 70 ,0r , e.
the people understand That obedience 70 Law Yves the FIRST
duty Of the citizen They have proclaimed that there
was no safety for the natiea except q faithful nd
herence 70 Ihe constitution there DO security for
the people but unbendnr rcsrect for and obedience
the laws and the authorities OF the aud. Warning the
legislative power Of the state and nation aeans the
Of unconstitutional laws, they have nsissed ard
will insist that the and tine people are 10
SIT IN judgment upon the consutonaiity Of act and
that untl declared By the courts be
resistance to by force and violence 10 these
warnings have cot been needed The evil teachings az
mifguded and wicked have been without Their
effect They have taken deop root in The popular mind
InLdey 10 constitutional and legal obligations has pro-
duced ts brood Of evils This iufdelity and the al,o
teachings and examples OF parsabs Of various sets and
paItesaded as they have been by elements
which are always actively AZ work n times Of and
civil convusionsurged on by the spirit Of aw.esGcss
which they have created have recently produced this
CITY outbreak which resulted ~ violence erorm
ties without parallel N The history Of the country
The immediate cause o. Ibis was opposition TO the en-
fcrcenent OF the Consumption Aui this cause would
have been wholly Inadequate % reeut IL the poison
OF stltutionai and loyal lnhdey and o. false teach
rp and perncious example had not been infused mo The
popular mind. The outbreak WIS fearful, rs results
dreadful Whatever may have been the cause and who
may have been responsible for the terrible cpnse
querces one thing ~ cert1n the plea of resistance
the draft affords no justification excuse and 1t Is the
duty Of every public officer and every private citizen 10
labor with all his strength to bring Justice and 10
judgment the men who have violated all law, out
ragged all decency and trampied upon all rights
Is very clear that The mob ORG mating !, d.i with
the single object OF resisting the draft under
the control Of hians and outlaws those rst par
ilcpated IN PROBABLY cid not contemplate results
which followed. Yet they were inevitable The Gle.
ments OF every mob matter what may be its orgna
object design. anarchy and and which
has 50 lately dsqraced city has rivcn evidence OF
this by putting IN peril the lives and property o
cent people, by burning orphan asylums burning and
ponderng private residences, sackng stores and
houses, robblpg citizens upon the public streets aud
mtt ng murders too horrible 10 record tie pea Of
resistance 20 the DRAFT afford any for such enorm
ties these DO not those who entered upon those
Of violence, with other OBJECT than destroy
eIrolmcnts and delay tie execution law 70 the pro
visions Of which they were opposed, sudder al the
results which tDey have boon instrument tai producing
Can one honesi man DC found 10 this community who
after the experience Of the ast few weeks does in
his heart condemn, this day the whole theory OF violent
resistance 10 law Does not every Ia this grea,
city high or low, rich pos, this day realize with
ten than before, thai this appeal
should be to tho courts rot 70 violence that there i
safety for she citizen or the state but 10 rigid
q ne n. s for
N
determined maintenance and preservation az or.
der and public peace, At all ttmcs under ali cir.
cumstuces and Al nil hazards and that without All these
there security for home or family property or life
You must pardon me, gentlemen for aeain inp Won 20
long have made iheeo suggestions with definite OBJ.
ccI and pur' csc. trust they may be wholly with.
out effect whatever we NAV be able 10 do as ,ndI.
vduals m aayng popular irritation, and removing or
eeuutcractng, A. far AZ may be just and propcY ths
which produce u. let mite IN dong with ali the
ability possess We stand here however, 20 day, not
as individuals. but AZ public oscers charged wish grave
Responsibilities Lei US not shrink from them. let Us
remember that We e not partisans but sworn oicers
OF the law determined Al all hazards to enforce law
ssd preserve order, 10 protect the innocent aud 10
punish the guilty II our dsty TO teach all
mon that those who burn asylsIns and houees
and are guilty Of arson, and shall he pun.
tshed for that onence that those who plupdcr and
Appropriate 10 themselves other mems goods uuon ue
Highways or elsewhere, with without violence az The
caae may be- become subject 70 and win suffer the penal
ea affixed TO the crime OF robbery or larceny thai
Rotor enemy Of society and offender against Inc
law AMI that the punishment for murder In death
Doiny this 40 shall De dmchargng our public duties.
fsuing Do u, we shall be false 10 conscenoes md