The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1866-11-15
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~ into three sepcrate, distinct and indepe
m dent Departments 90 each Of which are 1
ssgned IT'S appropriate powers and dnti,
= 40 The Legislature. 60 pass laws 10 the T.
Is ecutiVe 70 approve aud TO the Jndicia
70 eNp0und aud enforce them.
II lon and are called upon, for the tin
e being, TO exercise some Of the powers. an
+, discharge some Of the duties. pertaining
u the Judicial department. Of the Government
/. ~ the 9Th article Of che "Bill of Rights
adopted a. part Of the Constitution, ID /
provided that no person shall be held 1
answer Tor a capital, or otherwise infamon
crime, unless ON a presentment or indici
ment OF a grand jury. except in case
arising IN the land OF naval forces, OF in th
militia, when ia actual service IN time o
, war OF public danger In pursuance a
this provision Of the Constitution and Ia,
laws OF Congress yon have been summoned
enpannelled and sworn, 10 enquire into ant
presentment make of, all offences against
!he laws Of the United States punishable By
lndictment or Presentment in the Courts
thereof, and which may have been com,
mltted within the LIST judicial District OF
mississippi, the high seas, and such other
places TO which the jurisdiction of this
Court extends, as provided by law.
II becomes my duty as tho presiding
Judge ofthe Court, TO give you sneh in-
struetion as may be necessary TO aid yon in
the discharge Of your duties as the Grand
lhquestors OF the Government. A long OBJ
servation, coupled with some experience in
the Cou9ts of the country. and especially as
connected with the administration of the
laws for the prevention and punishment OF
| crime, conYinces me that Judges and Jurors,
| being subject to ali the prejudces and par
tialities of other men, unless particnlarfy
| guarded, are liable TO have their judgments
biased by these passions, and by surround
ing circumstances to guard you against
which the law has imposed upon you the
solemn oath which you have Just taken
Should you at any time feel at a loss what
course to pursue, you would do well to reour
to It, which is that you shall diligently en-
qnlre into, and true presentment make, Of
all such matters aud things as shall be given
you In charge, or otherwise come to your
knowledge, touching your present service
the counsel Of the Government, your fellows
and your own, YOU will keep secret Won
SNAIL preseEt no person through malice,
hatred or ill-will nor shall you leave any
person unpresented, through fear, favor or
affection, or for any reward, hope or proln-
Use thereof; but in all your presen tments,
you shall present the truth, the whole trath
and nothing but the truth, TO the best of
your skill and understanding"
Your Foreman will preside over the de-
alterations of Your Body, wille administer
an oath to all witnesses who may appear or
De brought before you, to 'speak the truth, |
the whole truth, and nothing but the |
truth" in relation to the subject of en-
qniry before you, and will endorse the action |
OF your Body as hereafter directed, whether
no agree thereto or not. You will each con-
slider yourself sworn witness, and will |
make known to your fellow.jurors any vi
olatlon OF the laws Of the United States over
which you have eognizance, and which may
have been committed within your knowl-
edge Should you, from information, be-
lieve that the law has been violated, and
that the fact can be established by
witnesses within the reach of the
process of this Court, you will
cause them to be brought before you and ex-
amlneddn relation thereto or should prose-
cutors and witnesses voluntarily appear
before You. or be summoned recognized TO
appear before you by the Commissioners of
the Court, or by the order of the District At
torney, you will, in such cases. carefully ex-
anime such witnesses as to their knowledge
respecting the guilt of the accused, your OBJ
lect being to ascertain the truth. After hay-
ing fully and carefully examined the testimo-
by, should twelve Of your number concur in
Lhe belief of the guilt of the accused, your
foreman will report the fact to the District
Attorney, who will draw MP and sign the in {
lpon 1t the words "a true bill !" and sign his ,
lame, Foreman of the Grand jury" which !
le, accompanied by you, will bring into
,ourt The District Attorney will, at all {
lines, when requested, attend and aid you d
a your examinations, and in the discharge .
t your duties }
Should any witness summoned or recog- Y
lzed to appear before you, refuse to do so, "
T, when appearing, refuse to testify YOU d
ill report the same, when the necessary n
cps viii be taken to compel a compliance. I
Having given you all the directions deemed =
eceSsaryas to the manner in which your | II
ntles are to be discharged, it remains for
q briefly to call your attention to the Of IA
noes which should be the subject of your Z.
curry, As general rule, acts made crimi- y
u by the laws of the State, either as com nj
on law or statuary offences, are alone cog- hi
Fable IN the State Courts. There are, how "A,
or, few exceptions 80 this rule, embracing 7,
Is done ON board the vessels of the United d
ates, on nayigable streams. in dock Yards, ra
senalss forts, and other places within the OF
elusit 9 Jurisdiction of the United States, N,
though within the boundaries of this Dis T.
Ct. In such places, acts made indictable i''
che laws OF the State, and not mentioned er
any act OF Congress. are to be prosecuted 70
this Court according TO the laws OF the 81
ate Offences Committed in all other places =.
this District, are only such as are created or
the several acts Of Congress, coming I'M 10
! the Jurisdiction of this Court These acts tr,
4 will find under the title of Grimes. in
lghtley's Digest of the Statutes of the
ited States, (vol's I and o. which will be itc
nishedyou at your room. There ara also do
lumber OF acts, made criminal by the stat TO
=, passed By Congress at its last session, or
ich l will hereafter mention, with the -
le each went into effect, copies Of which W,
! be furnished yon, and all Of which are wi
en- you in charge ne
'ou will take up each Of these acts, COM w
ncing with those passed in 1870, and ex-
inc them carefully, and if satisfied that
her of them has b ,en violated. either from CHI
Is within the knowledge Of one Of your ca
= body, or the testimony Of witnesses ex- ,Te
med by you, you viii make the proper =
pc
on, tOwever, observe that by the act Of ly
y, the crime Of treason against the United 4 of
les must be established BY tho testimony MOI
Two witnesses to each overt act, unless -:
iessed iu-Upen court. sp
he acts Of Congress passed At the last on
ion, and 70 which your attention IL CALI 70.
arr Is follows ths
IT, An act. approved April 5fh 1865, outi- -
eAn act more ehscfually 10 provide for "
punishment q certain crimes againsf tie tor
Ted etates.r ~ N staf ~ t roo
l An act passed April ne 9Th 1856. euii- te,-
AN act e. protect al persons in the -.
ted States in their ciril rights, and 20 -
lish the means u their rfndieafi0n.r %
fully aware, that the provisions q this sur
conflict matC1ially with number q the No
passed BY the Legislature q Ills STATE -