The New York herald., 1864-04-08
IMPORTANT CHARGE OF JUDGE BARNARD

IMPORTANT CHARGE CF JUDGE BARNARD
-~,I>c>cc>~~>~~~>~~~~~~~
The Aldermantc Ring % be ATTENDED.
To-Judge BaFnard's Ide - ON ens Was
and the Policy OF the Al AslmsnisIration-
Libels upon Loyal Cftszess Ought g.
be stopped and the Authors Punished.
COURT OF OYER AND TxRAaNER.
Before Judge Barnard.
ArRI 1-on the organization Of the Grand Jury thu
morning Judge Barnard and delivered the following
charge
JUDGE BARNARp's CHARGE.
GENTLEMEN OF rHE GRAND JuRy-At the opening OF svery
Court Of Oyer and Terniner tho presiding justice
CURED oy various statutes to call attention 10 thu
consideration OF such offences may have been commit
ted against their provisions am thus required BY law
70 call your attention to the laws against lotteries th
taking Illegal fees interfering with elector violation,
OF The excise law, defraudng emgrans and the usur,
law Your duties. gentlemen however, are not confined,
70 tho investigation OF offences against these partcua
statutes but extend the whole criminal ju
risprudence. therefore invite your attention to oil ir.
fractions Of criminal law, and In this connection shall
touch upon several OF the most important subjects
criminal cognzance The importance promptly visit.
ing offenders against the criminal law with punish
ment due them cannot be too strongly urged The cr
society. No nfracton OF them occur without en-.
daneering the safety Of the whole structure. loos
admnistration o. the laws breeds crime slpaldne
breeds dseasc. Tho offender against tho crimina
laws takes heart and proceeds on hts
crime with the boldncss aud confidence Of engage
In lawful pursuit. The otherwise law abiding citizen
finding that tho laws afford him protection, repeh.
force by force, and rights his civil injuries by Thu
by degrees ciety descends by towards anarchy
until those who have property 10 loose from the shes
con- 0inatpn vigilance committed II IL true tnat b..
tue beginning the vigilance their acts are,
strictly contrary 70 law; yet as they proceed they -
last as they can place themselves under the laws - the,
exh'.d prior 70 the Inception Of the causes which
led TO the formation OF the committees. This has,
been their invsriaole history. The necessity II awi;
for the preservation OF sociy apparent from the fac
that every associated body Of down to assc
cation OF brigands pirates finds - havt
rule. and regulations and to enforce obedience 70 tne
aud observable that the moment the body become'
unable TO enforce obedience to hs laws, that mo
ment its dissolution commences and fn,ly take,
place. The right OF resistance by force TO law
on the ground that It unjust uncols sta,ional
be admitteda 4 for II were there woulsf
could SO, himself up and resist law by force aud upos
he same ground could resist judgment Of court
Ibis course does not apply TO an ACT done without colo
OF law or to an act done under law ny person moi
authorized by that law to doit In such there
bo resistance thus appears that the duty every,
good to obey the laws and yet there law
which vast number OF good citizens constantly break
and which they make use oi all kiuds OF expeaients =
evade That the law requiring the perform nee u ur,
duty This duty Of the most essential ones that the
rod citizen to perform II he refuses negleots 70
perform IT, II deyoves on the bad citizeu end no COM
mences that loose administration Of justice which end
to anarchy and vigilance committees. Tins the goot
citizen who neglecs his Jury duty has 10 answer Tor
Equally important with this duty is tho duty OF properly,
exercising the elective FRANCHISE. The taxation
OF the city OF New York become
enormous tDat l deem IT my duty well
duty OF every judge no presdcs Court Oyey
aud call the attention Of the Jury
the sub tha only each ndv gra I'd urok
may take the matter into se us thought, bat nat each
grand Juror may be speak tho serious atentsn OF h
IL.
throu hout the community slch sense Of ihelc duty
electors us 10 appy tho only remedy which q ,ss
few years 81 CO body of unrncpled and corrupt mes
banded together for tue purpose OF controlling me egis
ative branch Of the CITY government by their votes
forming wnat Is known as the tRing. IL is still
active operation There Is scheme, matter hov
oorrupt wicked but wnat will through provides
sufficient pecuniary inducement Ia brought 10 bear
and measure, however mcrltorous. IS sitccat u
become L,w unless like nllue CO s used. The.
There also who band together and live by tbs
presentation collection Of fraudulent ci agalns!
the city originated IN fraud and carried through by per
jury. The remedy tho people themselves Al
long they abstain from voting, or vote Tor unworthy
men, just 80 long viii the taxes OF this City on rapidly
easing, until in few years win conns
cation uf property II the community dcsras Of
serving their property they should begin at oncs ant
organize themselves into tor the purpose
sheCtng municipal reform Of the fifteen millions OF
for the ensuing year. is 9 say that quarter
IL will be either siuandered or stolen. For ONE time
Ind dua connected with the city press TO stismatize
all who dered with them In their views as 10 any acts
administration ossiOrlSs
70 degrade them the eyes oi the community by hold
Ing them out traitors ihor country and to leave
them with reputation suIed As that Benedict Ar
nold Ihis, charge you, constitutes libel Perhaps,
few instances OF thous ands, charge may b
true and publication OF It DO fr Justiable pose bui
this not the parading before tho word OF
o traitor because he disseDts from some vicws
entertained by newspaper. ventures To doubt zoe
pro- rieiy Of some of the admnstrsttn Gov.
ernmenI is thing; administration a totally dice, en-
thing. Tho theory OF republican government IS that
is controlled by the will of a majority II eople
III.
OF The 20 pic should signify their viii through The baiic
that orty although they may have mistaken he true
policy, cannot be justly said to DO traitors TO ths
government It is OF the essence Of ropaeican
melied right to eadeavor by mis- vote TO have
these measures carried out which he oonsi ers mos
conducive TO the welfare of his country. Bat Dies h
freedom stop hereY Is ne confined dropping his seni
ballo Is his mouth gagsed Certainly not. The righi
10 express his views BY ballot carries with the right
induce by far argument and suason others adopt
his views 1he prevention interchange Of views In any
body governed by the will of majority would indeed be
tyranny. Next 10 the interference with elec aud
the dragoonng Of voters by military power, nothing Is
prevention VI nterchanae OF vews the prevenhon
expression Of views other than those IN support Of;
essential 10 the political freedom OF republic that every
citizen should have the full right to bis views on
by argument or persuasion 70 bring others 70
adopt his Vows. Anything which dsturbs the rsht,
s Se y % armed caSs a.y sr ~
tauing any particular opinion. tends 70 sap :
the very foundation OF repObc n for these reasons
that the indiscrminate application M the ephet
secessoust TO all no d. not yield implicit faith 10 every
act OF adminstrsont0 all who do not subscribe to-
the particular lencts OF public Journals extreme
ly perncious deserving ysur attention Alth ugh
the right express ones views ard TO sndcayor BY ar
gument and persuasion win others TO adopt them 10
essential 10 the OF the nj and
should no sacredy guarded and kept invoate yet the
majority have right which equally essential 10 sncn
aou and should be just % acredy gused and
kept nvioae Aud that is the right that the miLoriy
shall not oppose their constitutional measures IA any way
aucn oxur gcgiO M
such endeavors by argument and persuasion 70 Tn
others ~ adopt them. This Is right which ma
jority possesses at all times and " there any one
tme at which u should be more sacrcdy guagdec'
than At another, now that time, when the
country engaged In fearful struggle. ANY nfrnsson
OF this right should time IKE this be visited With
prompt punishment, and frowned upon alike by The