The Montana post. [volume] (Virginia City, Montana Territory [i.e. Mont.]) 1864-1869, 1864-12-10
COURT PROCEEDINGS
CHARGE

=
4.r.u.f r.G. CHARGE ...f s
Of Chief Justice HosMER, to the Grand |
Jury of the First Judicial District, N.
r., delivsred, December 5th, 1864.
GENTLEMEN OF THE jury: The assem-
blage of grand jury in this new Territory,
affords opportunity for casual survey Of
the interests committed to it's charge. The |
cause of Justice, hitherto deprived of the !
intervention of regularly organized courts,
has been temporarily subserved by volun-
'tary tribunals of the people partaking more
of the nature of sclf-defence than the COM
prehensiye principles of the Common Law.
It is no part of the business Of this court to
| find fault with what has been done; but
rather, in common with all good citizens, to
! laud the transactions Of an organization,
which, in the absence of law, assumed the
, delicate and responsible Office of purging
soeie:.v of al offenders against it's peace,
happiness and safety.
Such societies, originating in necessity,
have been communities without law, and IN
which the penalties of the laws were not
proportioned to the criminality of the Of
fence. Their adaptation to the Necessities
| Of new settlements, has obtained for thsm
an appreciation SO universal, that they are
the first measures resorted to, by weil-in-
tentioned men, to free themselves of that
vile class Of adventures which infest all
unorganized communities for the purposes
Of fraud, robbery and murder. In no part
! of our country have they labored more eff
fciently than here. No where else did they
enter upon their duties, amid greater en-
barassments. 1t was questionable, even
when they commenced, whether they were
numerically equal TO the task. The sources
of official power had been monopolized BY
the very class which preyed upon society.
The greatest villain of them all-with hands
reeking with tho blood of numerous vic
timc-was the principal ministerial officer Of
the Territory, and had at his beck band
of wretches who had become hardened in
their bloody trade, years before they came
here to practice it. In this condition of
affairs, there could be but one of two
courses to pursue-to hang the offenders or
submit 20 their authority, and give the
Territory over to misrule and murder
Happily, the former course prevailed, and
the summary punishment visited upon a
, few, frightened the survivors from the Ter
ritory, and restored order and safety.
! Much as we may approve the means of
self-protection thus employed, and the
promptitude with which they were applied.
our admiration ceases, when they assert an
authority defiant of law. and usurp Offices
which belong only, to Government itself
We give them all the credit they deserve
by according them praise for what they
have accomplished but they have fulfilled
! their work. To 90 farther is to commit
: crime. and undo what has been so well done
> They are no longer necessary. No law
abiding citizen wishes their continuance
D They should at once and forever be aban
, doned. Courts of law and equity-sucl
i courts as our Government and people, eve
rywhere, throughout our great republic
;, recognize as authority, and from this da.
forth, established in this Territory, clothes
: with ample power to investigate and punisI
o all offences against the peace and good or
J der of society. Let US then erect no NOR
impromptu scafolds. Let US indiet no NOR
/ midnight executions, Let us give to ever
e full benefit of the freeman's right-an i'm
II partial trial by, jury. Vigilantes an
y courts-and all good men can cooperate i
fulfilling the grand purpose OF the crimina
~ law !; that of bringing offenders to justice
'r without violating any Of its provisions; bu
le the very first element in such warfar
'r against crime, must be tie general recog
milton Of courts Of law. az the great con
ot servator Of peace and safety. Noresort t
N any other power is justifable, or consister
. with good government, except in such ex
gencies as that through which the people {
er this Territory have so signally passed.
er Again, gentlemeE, there is danger in tn
continuance of these organizations, to the
2, trainers. The temptation to pervert theI
u from theirlegitimate object is so great, tn;
~ instances have occurred in other societies
u where they have committed more hagraI
offences against the laws, than those the
OF were designed to prevent. There can be 4
Sc morality or progress in public sentimeI
n founded entirely upon the principle
s. fear. 1t is principle at war with all II
m principles which lie at the foundation
IS: our Government. The sooner that societ
OIL is rid of it, where it prevails, the soon'
81 will it be animated by strong and healtl
i, full affection for the government and i
ed laws. In a community restrained by Il
e, operation of good laws, any subversive 0
al ganizatlens are criminal in themselves, ar
ed should be among the first subjects to arou
to the Jealousy and stimulate the invsstig
tions of a grand jury. You will percei
gs the propriety of such remarks, gentleme
at this time, when you consider that
e- every execution by any body of men, u
x authorized by law, whatever their organ
zatisn, it would be the imperative duty
SO this court, TO. charge You that they h
been guilty Of highly penal olfense, a
Id r b.