New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-06-14


tnr tho following gentlemen were ompanneled as Grand
Jury: u..ov ro,o,,.,
H. T. ar9aTson. Samuel 4. Beclman,
SSV..II+r.i ~ Carter SeabuIy Brewster.
Msrtn l. D@shed ya,oo =. y -.
Mathew Tfettrick hctedist ifWls' IL,
John J. hayer nn.hwgS 81. V'
David c. Newell Nm T. sAeh'
- II pinckney W. NJ. Thurman
Wn Paen. John p Worsieil
WIN Remson. yohn hoW @tI'
J. Austin stevens, IT,, John d. NelsA'
The Grand Jury having taken the usual oeth' Judge
Russell delivered the following charger
GENTLEMEN OF TIE GRAND JURY; striking Gle
aent of your Oaths is, that You WI eAVe no one uu
presented for fear Not 70 oV 4eAI'yss IA .ne =
AZ your duy * as much disregard 81 gIanl juror
nafb 81 To Weld 10 q more corrupt motive. ms sug
s,sticp is made particularly IN reference 10 mat
rr about 10 be submitted 20 which, in one aspect
81 H. arragns the conduct Of agents 81 the "enofs
Hoveruneui acting il is said. under It's orders anh
IN every point Of view. involves the greatest uehcaoy
III 1lresor+ condition OF our country however much
70 be regretted does not dispense with our Obligations
20 our State well 70 our Federal Government Inc
observance Of TIE ia no way conflicts Wlta REGARD
Tor the otler Both sets Of obligations can ana Il" exist
together nor can there be nor is there any want OF
harmony or consistency between them. We have tAe
good luftduc to live IN state behind no other IN s e
kachnent 10 the Union; and In city which Yields tae
palm to no other for tie prsmpttude with when u mas
Invariably responded 10 all demands upon II iof men
and money ~ sustain the efforts OF tue 0theim "O'oF
The very Constitution, which every one should want
10 see preserved inTiolate. provides that Inc I1eH
statos sial guarantee 10 every STATE IN this Union re-
publican form OF government and shall protect eaeh o
them against INVASION and application OF the Legs
ature or Of the Executive, when the Leisainre eau
moi he convened against domestic violence. This pro-
vision could not have effect IT, in times IKE Ihese Nleh
State is perfectly loyal and engaged IN the perform
ance Of all It's duties both 70 the General uoNeihmrhi
and its own citizens the General Government can st4
.tep ip and override and uully It's institutions
The meaning Of this provision evidently was, thnt
80. nod pftUf
Uent and was carrying out such system IN good iGt,
the General Government should protect Gnd not tanpio
spon 1t. In this state We can boast OF tlis SOn,gn
o. things. Oar local government Is eminenty repuo
hean and il has been interrupted in its existence
BON the time Of it, FIRST establishments Aluhongh our
present national difficulties, its laws have extended
their benefits 10 its citil8ns-the peace and order Of
society have been pTeserved--Ofenders have been
brought to Justice and punished in the usual way and
the whole machinery Of Justice has been moved without
any obstruction or suspension.
Tie question propounds Itself seriously 10 Ms at this
rmc whether the execution of the highest military pre-
rogstiye OF the General GoYernment can Legally us
turb or supeTsede the republican institutions 81 our
State OF course no resort 70 violence or open personal
resistance can or win be advocated. Tie question
should be decided in quiet legal way, and tie pres
ent uncure warrants H. this is very proper occasion
for originating and presenting II in such FORM 1t IL
distinctly provided in another part Of the Federal Con
Utuiion that this Constitution and the laws Of the
United States which shall be made in Pursuance thereof
and all treaties. &C. shall be tie supreme law Of the
land, and the judges in every State shall be bound
thereby anything in the Constitution or laws Of any
State 90 the contrary Notwithstanding"
While We defer 20 tits provision, we certainly have
the right 70 inquire whether acts done in tie name Of
the General Government are really buit upon the Con
bituton or laws. OF treaties OF tie United states. On
the I'D Of the last month proclamation, purporting
- come from the President .. the United States and
bearing all the usual marks of authority published
n Two OF the newspapers Of our city This so-caied
proclamation contained a recommendation Of day Of
fasting and prayer. and the announcement that four
hundred thousand additional men would have - be fur
nished by the loyal States by the 18Th Of the present
month 70 aid in sEppEessing .he existing rebeious
combinations" and that, in 1eisRt OF the latter an
Immediate and pereDptory draft " hould follow.
In the city such on announcement was calculated 70
produce the greatest excitement and Gid for the few
hours its flsity unde:ected, OF course do not
assume 70 give yoa facts for you are Tie tribunal to in
What say to you has been gathered from the pnbica
uS ot Tue cay q .-UIa public report, and is not 10
'.1e your action, but rather 70 direct you 70 the
Which had been imposed upon in the publication Of this
Spurious proclamation discovered the Eand Which was
q an early hour IL the same day they eoope9od With
the agents Of the General Government 10 enaeayor 10
ferret out the gully author.
They were 50 9GsapiSd for severe, hours when an
tsns to incarcersts them and take orobe possession
Mthsr establishments. Tie first part Of toe order
psyer frDy executed. The latter paIt Was, and the
forcihle possession maintained FOR several days. The
inhor OF the fraud t Is said has bsen discovered and
the newspapers in question have been eXonegatod nom
AL suspicion OF guilt or blame II this be go tbs Is an
instance Of innocent men being summary inerieTed
With or respassed upon in TIE sancty Of thcir persons
and property. As such 1t Is violation Of botA the
FEDERAL and State Constitutions, and It is your duty 20
examine into il. This is not sefimposed or sef.as
surned duty by this Cont The facts were conmsni-
GATED TO the Executive Of this State and he addressed
70 the District itorney Of Ills county tue comlunlca
Hon now read to you.
TThe Judge then read Gov Seymoni's letter, which
has already appeared Ia our COLUMNS Acting upon
the duty this Court 0wes 20 the laws OF THIS STATE "ch
Il repeated In the official document have just resd 70
sou beg TO submit tie matter to yoaT caimest and
most careful consideration. Tie Court is convinced
that you VIII deal with IT n euch uanIoI a. becomes
the dutifu aud loyal citizens % du and 10y al Stale.
ANYTHING like political bias should be discarded. The
question is simply thus: Have the laws Of the state in
reference 10 the protection OF person and property been
violated and If 80 who the parties who have been
concerned In IT. No matter what their station may pa
khey must for the wrong If there be one. If the
President OF the United States, other oiceT who
assumed TO Tue the order had no such power or su
th0rity those who obeyed and ea0Tced il arc coaZy
responsible. -
you that such order has been referred % would
not under the circumstances stated be any protection
b those concerned IN ts execution This VIII raise the
question at issue between the State and General Govern
ent in legal way Any se ,bS to " bs rev win
sd I'd watched with the greatest Jealousy BIZ the
Constituents Of our Federal and State Governments
These invaluable privileges are protected in both the
Federal and State Constitutions. Neither Congress
Dur State Legislature make law abridgiDg either
right In the year 1898 the famous Scditlo0 law
passed by Congress, giving tic Government eIIaordl
barry power in reference to publications calculated 70
weaken its authority SO unpaatable this law that
n was finally repealed Two OF the State Legislatures
Expressly declared aganst ito constuOnality. At the
time il was passed the Government being In state Of
comparative infancy IL ought probably q have tee0
more favorably regarded but Il involved rights too
dear be renched upon OF surrendered In reference
ahe alleged author OF the spurious proclamation you
viii receive evidence Of the fact establishing his guilt
and II you are satisfied OF H. You will present him for
such an oense as under the advice Of the District AT
forney 10 whom you entitled appeal for adyoe
<. A . W no h,pa, fafee