The daily register. [volume] (Wheeling, W. Va.) 1863-1864, 1864-04-12
JUDGE BARNARB's 5CaAReE T0,A
new YORK GRAND JURY, % ~ q ::
Good Law and Coed Sense.

We believe that we cannot do reatsr
service to our readers than BY tho publita'
ton this morning of portion of the charge
recently delivered by Judge Brainard, o.
New York City, to the, Grand Jury of the
Court of Oyer and Terminer which COM
menced its session in New York on last
Friday. The charge condemns; very justly,
the practice so common among certain men
stigmatizing as traitors, secessionists, &C.,
all those who question the wisdom of the
policy adopted by the Federal Administra-
tion. The charge also points out very plain
{ ly wherein treason consists. After viewing
various subjects of local interest likely to
come before the Grand Jury, his honor said:
"For some time past it has been the con
slant practice Of portion of the individu'
ais connected with the city press tostigma.Y
tie all who differed with them in their
views as to any act of national administra-
ton as secessionists, with intent to degrade
them in the eyes of the community by hold
ing them out As traitors to their country,
and so leave them with reputation as sui
lied as that of Benedict Arnold. This,
charge you constitutes libel. Perhaps, in
some few instances out of thousands. q
charge may be true, and publication Of 1t
be a justifiable purpose; but this does
not excuse the parading before the world OF
a man as a traitor because he dissents from
some views entertained by newspaper, or
ventures to doubt the propriety of some
measures of the administration. Govern
ment is one thing; administration is total
ly different thing.
The theory of republican governm ent
/ 8 that it is controlled by the will of ma
ority Of all the people as signi6ed Though
che ballot box If. therefore, q majority
Of the people should signify their will
through the ballot box that the present
war should no longer be prosecuted that
majority, although they may have mistaken
the true policy, cannot be justly said to be
traitors to the government. 1t is the es-
sence of republican freedom that every cit
izen should have the untrammeled right to
endeavor by his vote to have those meas
ures carried out which he considers most
conducive to the welfare Of his country
But does his freedom etop here Is ne con
fined to dropping his silent ballot? Is his
mouth gagged? Certainly not. The right
to express his views by ballot carries with
il the right to induce by fair argument and
persuasion, Others to adopt his views. The
prevention of interchange of any body gov
erned by the will of majority would, in,
deed be tyranny. Next to the interference
with elections and the dragooning of voters
by military power, nothing is surer index
OF the downfall OF republic than'tbe pre-
vention of an interchange of views other
than those in support Of some proposed
measure or candidate for office. Thiais es.
sential to the political freedom Of repub
hc-that every citizen should have the full
right to express his views on any political
measure or any act of administration, apdd
endeavor by argument or persuasion, 20
bring others to adopt his views. Anything
which dsturbs this right, whether it be by
armed interference or by printed articles,
holding one up to public obliquy for, enter
tanning any particular opinion, tends to sap
tie very foundation of republic. 1t EisI
for these reasons that / view the indiscrim,
mate application of the epithet secession
ist to all who do not yield lmIlicit iaith TO
every act of anAdministration-toa all who
do not subscribe to the particular tenets OF
some public journals extremely pernl-1
cious aud deserving of your atteption.
Although the right to express ones views
and erdeavor by argument and persuasion
10 win Others to adopt them, is 80 essential
10 the preservation or the government and
should be secretly guarded and kept invios
late, vet the majority have right which IS
equally essential to such preservation, and
should be lust as sacredly guarded and kept
inviolata. And this is the right that the
minority shall not oppose their constitu,l
rional measures in any way other than by
such expression Of their views and by such
endeavors by argument and percussion to
win others To adopt them. This is right
which amajority possesses at all times, and
if there is any one time at which 1t shSuld
be more sacredly guarded thap at another,
now is that time, when che country is eni
gagged in fearful struggle. Any fnfraction
Of this right should at q time Ike this be
visited with prompt punishment and frown-
I'd upon alike by the minority Is the ma
jority. Neither the minority nor any por-
lion On them, have right, to- fpraish sup,
niles or arms to those contending against
the general government. They may express
their views as against the policy of prose-
cutting the war, as against gnyl particular
act or measure of the ,administratiop, but,
so long as the acts and measures of the .ad-
ministration do not themselves tendto sub
yert the governments they are bound II,
duty to afford 4 cosdisf support oi the war
and the other measures of the goyernment
until they can produce change of policy
by the legitimate exercise ii the elective
franchise. ----.--- -
During the present conflict there 'hsv
pna-L.oa, \. hxsa,Is A. N a nndoulfedlv till ara