Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1865-11-17

presumed to be lovers of peace and social or
der, having both the will and ability to per-
form your duties in the spirit of your oath,
and not.swerved from it by any sympathy
with. or fellowship in violations Of the law.
Acting under the mandates of the law and
the solemn obligations of religious oath, in
the execution of your office you are exempt
from thu odium that attaches to the common
informer, or the ascription of sinister mo-
tives, often made against the voluntary pros
ecutor Or stated officer of the law as ex-
off1cio accuser.
For high crimes and misdeneanors of a.
deep dye or great atrocity it is rarely ncces-
sary for grand jury to initiate the prosecu-
ton: in such cases there is generally an in
jured party or his friends to complain aud
originate proceedings i'll advance Of your as
sembhng, or the voice Of public indi gnation
calls forth prosecutor and YOU are only
called en- to find or ignore an Indictment But
it is in the minor oHences-eertain misde-
meanors declared by statute, forbidden be-
cause of their tendency to disturb the pub
lie peace, order and economy, and to de-
bauch public morals, as to which there is no
injured party to complain or prosecute, and
which, without your intcrposition, would re-
main unpresented and .unpunished, that
your incipieist action is not only indispensa-
bly, necessary, but may prove benign and
mercifulin its effects and consequences not
only to the public, but upon offenders them
selves, by visiting the minor offences with
timely chastise,ncnt, to prevent juvenile or
venial offenders from Becoming criminals of
a deep dye How much r;ore humane and
mcrc;ful thus to deal with such offences than
to wait till the petty offender proceeds, step
by step, from vice to misdemeanor, and from
misdemeanor 10 high crimes and then con-
sign him 10 the gibbet Or the penitcntiary.
1 Doubtless prompted by such considerations
as these, the Legislature has made it the du-
ty of the courts to bring to your notice and
give you specially in charge certain laws or
acts of the General Assembly declaring Ger
tain misdemeanors, which from their evil
tendencies, effects and consequences upon the
public peace and economy, social order, pub
lie morals and the general welfare, are for
hidden and which, from their Importance. it
was deemed advisable to make the subject Of
a special charge. They are the anti-duel-
ling law, the law against incestuous mar
riages, the law against malicious trespasscs,
the laws concerning the surveyors Of the high
ways, the laws for the regulation OF ordina-
rics and the suppression OF tipping houses,
the laws against unlawful gaming, the law
! against betting on elections and voting in
elections by q voter knowing he has no right
+ 70 how
or oftener in the same election. the provis-
ions of the revenue laws requiring the pro-
. curement Of a License as q prerequisite, or
condition precedent, to the exercise OF carry
ing on of certain trades. occupations or bus
inesscs Or the practice Of certain professions,
and making it penal and indictable to do so
without such license, and in the case OF the
sale Of liquors, to sell them without the Ger
tificate Of the County Court as to the charac
ter Of the person and fitness Of the place for
such sale in addition to the licanse, and the
laws concerning slaves, free negroes and mu-
lattoes modified and so far ;.s they have not
been repealed or rendered imperative by
emancipation. i
! Your first duty upon Your retirement will
be to pass upon such indictments as may be
sent up to you, and return into Court and re-
port your action therenpon, after which YOU
will again withdraw and enter upon your re-
naming duties Of enquiry and prcsentnent,
which, as | have before said, are co-exten-
sive with the penal code, and you will espc-
cially enquire into violations of the laws spe-
cialiy iroughtto your attention. You must
not consider your whole duty discharged ; OF
confined to, or limited by renlalllli,s5 passive
ly in your jury room, hearing and acting up
on the complaints of the common intormcr,
the voluntary prosecutor, or witnesses
sent before you by the court, or the Attor-
ncy for the Commonwealth If an offence
or violation of the law be known to two Of
your body, you must present upon the oaths
, already taken as grand jurors, if to but one,
hemust be sent down and sworn as witnes
if to none Of your body but there be proba-
BILE cause to suspect the commission of an of
fence in your county. then you must cast
about and diligently enquire among your
selves for witness who can inform YOU and
have him summoned. 1t requires at least l G
to constitute grand jury and II to concur il
| making presentment, or finding or ignoring
an in dictment. You must write at the foot OIL
your presentments uponiwhat authority made,
whether upon the information Of two Of your
body, Or Of one sent down and sworn as q
witness, upon the evidence Of a voluntary
, prosecutor, or witness sent before you by
the Court, or the Attorney for the Common
wealth Retire gentlemen, taking with you
to your jury room the code of 1860 sessions
acts since, and discharge your important du-
ties in the spirit Of yonr oath.
Important from South America--War De.
clared Between Spain and Chill.
!. New York, Nov. 10.-The steamer Ocean
Queen, with Panama adyices to the 31st Of
October, has arrived
War has been declared between Spain and
Chill, and all the ports Of the latter have
, been declared by Admiral paezja, comman-
. der of the Spanish squadron, blockaded since
the oath ult. ten days being allowed for tho
vessels then in port TO eleaf
The Gillian Congress Authorizes a loan OF
; twenty million dollars, and the Executive is
invested with unlimited power to raise troops