The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1864-06-14

liberated long ID anxousy upon your case It was nos
ought 10 be nclui,ted it was simply because some OF
| them were unwilng - rendcr verdict which would
consign you the scago!d The law gave them the
right. as charged them. to fpd you guilty inferior
degree OF MURDER ard not guilty OF superior higher
degree of murder They exercised that right and by SO
ding have savet your life. They could not, in my view
OF the evidence 10 this have goue further that
in extending YOU mercy. You did take lie with an
| axe; you took uldar circumstances which
| indicated design; you did not. either before
appears by the de4ce, afford any indications that you
| were acting under greet lem II anything ap.
preaching frenzy IL is late now to help tue evil
that has been 'sed You remedy jury
by their verdict, IN my judgment. when they have said
have forfeited all right niingle any longer your
elbow men at large IN the exercise Of my duty, thcrc
fore shall pronounce anon yor the sen &c OF the
Court which hat you b. at hard labor In
the State Prison Dung The residue OF your Ii.e
The pris lner was then removed from the bar
| grand jury was empanneled and charged by Judge
| Russell foows:-
The Clerk caed the pans OF Grand Jurors, and those
gentlemen who failed appear each ued s.5. SUBJ
Joined The " the gentlemen who sworn
TO compose the Grand Inquest
Cyrus Mason, f>remaa Christian W. 2abr.skio.
Samuel A Beekman Nathaniel w. Chatter
Seabury Brewster. Martin L. Ie!aGeld.
jacob y f. Eerse7. Mathes Hitrick.
Benedict Lewis, Jr. John J. HAYES
Willard Phelps arius c. Newell
VIM +. SkiL Jas. II Pnkney.
Wa hiagton NJ. Thurman Wan Palcn
John z. WorsteI VIM Remsep.
Amos II. Trowbrdge. j. Austin stevens, Jr.
John Townsend. John d. Wclch
Judge Russell proceeded to charge tho Grand Jury
folows:-
GESuENEv GRAND JrRY-A striking element
OF your oahs 10 that you will leave
for lear" Not I, he fearless the discharge OF your
duty Is much disregard OF grand jurors oath as TO
yield CORRUPT motive This suggestion Ia made
more particularly IN reere to mstter about to bs
submitted TO you, which, in one aspect Of H. arrsns the
conductO agents % The general government, acting II ID
sad under its orders and IA every point of view in
wolves the gre test delcacr responsibility on yor
part. The present condition ri our cuutry, however
much to be regretted does NJ. dispense with obga.
tons T. our state well rs to our federal government
The observance OF The one IN no conflicts with
regard the other both u obligations and do
exist to1e nor can there oo nos Is there, any want
Of harmony or consistency between them. We have
the good fortune To live in State behind no other IN
its at achment 10 the Cpnn. and 10 city which
yields tho palm To no other for the promptituds
with which II has invariably responded TO all deaands
upon II for men aod money 10 sustain he Efforts OF hs
general government. The very constitution, which
sysy 9ns S s %ass g sss
State In this Uri republican form OF government,
and shall protect each OF Thorn against Invasion and on
application o the or OF the Executive when
the legislature csnnot b, convened. against domestic
violence" his provision could not have effect 4, IN
times ko these when state perfectly ioyalnnd en-
gagged 10 tho performance OF all It's duties both TO the
government stiI step aud override and n1lify liz
institutions. fine meaning of this provision evidently
was that when State assumed republican form
System in good la!;h, the general government
sholHd protect and not trampie upon II. In this
STATE beast OF this copdon of things. Our local
government Ia emineny 70 ubcan, and II has never
been INTERRUPTED In rs existence from the time OF It's FIRST
establishment All through our present naii)n1l dthcul
ties its laws have exende their benefits TO its citizens,
the peace aud order Of society have been preserved
oen eTs nave oeea brought TO justice and papshed IN
the usual way and the " lie machinery Of justice has
moved without obstruction suspension The CUES.
ton proponnds itself seriously to this time whether
the exercise The highest military prerogatiyc the
general government can legally disturb or supersedo tho
| republican institutions Of our STATE of course mo-
| resort TO violence or open personal resistance can
| or viii DO advocated The question should be
| decided IN quiet, legal way; aud, II the present
! juncture warrants IT, this Is very proper occasion
Tor and ~ ssh
constitution that "ths constitution and the laws OF the
uni,edStstes which shtl BE- mdo y pursuance Thereof
and all treaties &c. shall be ting supreme law q he land
and the Judges IN every state Shall be bound thereby
IN ss whs 81 ia 70
vision cerriny have tho right to inquire whether
acts done In the name o. me general arg
the United States On the sd OF the last month
amaon purporting 70 come from the President d the
United States and bearing oil tho usual marks q authen-
ITCHY published 10 two OF the newspapers Of our city.
This socaled proclamation contained rccommenda.
| tho announcement that four hundred thousand
additional men would ma have to be larnshes.
ard In suppress the existing rebcous combinations"
and that. in default Of the latter immediate aud pc
remptory draft" would follow In this city such 40
announcement calculated to produce the greatest ex
cemen and did for the few hours lis alsi,y undo
tected. Of do not TO give you facts, To-?
you the tribunal TO ycsigate the facts and rcsens
them 10 proper torn What say 70 you has been gath
cred IRON Inc publications OF the day, or from public
report and not TO conclude action but rather to
direct you 70 the inquiry After the proprictore
the papers which had been imposed upon IL tho publ
cation OF this spurious proclamation discovered the fraud
/ which at an early hour IN tho same
| day, they co.operated with the agents 81 tho
i general government In cndeavorlng to feffet out
/ tho guilty author. They were 80 occupied ior
/ several hours, when order was Issued py the
general 10 ts agents TO ncarceratc 'ne ana
take orcbIc possession Of their embellishments Inc
frst part OF the order never fully execnteo ms
latter part was and the forcibe possession mantaue1
Tor several days The author Of the fraud t Is sad has
been discovered aud the newspapers IN question havs'
been exonerated all suspicion Of guilt or bame. Il
this be so this M 81 innocent men being
mary inerfercd with or tresspased upon, 10 tue sane
tty OF their persons aud property. Az such II Is viola
ton oy both the federal and state constitutions and u s
your duty TO examine iuto H. This s not self imposed
or se assumed duty by this Court The facts
/ municated the Executive Of thls State and no sd
dressed TO the District Attorney OF this county the
munication I now read 10 YOU The Judge then read
Soymours letter which has already appeared
In cclumns Acting upon the duty this Court owes
10 the laws OF this state which repeated In the Official
document have just read 10 you beg 20 submit ibs
matter to your calmest and careful consideration
The Court convinced that will deal with u In such
manner AZ becomes the dutifu and loyal cnzons OF
duful and loyn State Anything like political bias shou0
DO discarded The question is simply this: have the
and property been violated, and, 50, who are the
parties that have been concerned Ia ~ No matter whaa
their station may be- they must answer for the wrong
there be one II the President Of the United States
other osr who assumed 70 ISSUE the order had 40 such
power authority, those who obcyed aud enforced ~
are clearly responsible. For the purposes q This
occasion The Court instructs ron that such an
order has been referred 10 would not, unfor
the circumstances sta ed, be protection 10 those
concerned In s execution. This will raise the question
legal way Any attempt 10 interfere with freedom q
speech the liberty Jed ana