The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1866-05-23
United States District Court in
Norfolk.
THE CHARGE OF JUDGE UNDERWOOD TO
THE GRAND JURY.
Leading and Conscious Traitors to be
Punished.
THE OPINION OF THE PRESIDENT
ON THE SUBJECT.

The Court met in Norfolk, Virginia,
Judge Underwood presiding.
In consequence of number OF Grand
Jurors not having arrived, the Court
was adjourned until 81 o'clock. At
that hour the Court met, and the follow
ing gentlemen were duly sworn in as
grand jurors: J. r. Bigelow, Alexan-
dria; Isaac Snowden, Fairfax; John T.
Taylor, Alexandria J. Gillingham,
Fairfax Geo. G. Heirs, R. Hodgkin,
L. D. Harmon, G. w. Rowland, Alex
andria; F. Decordy, Geo. W. Singleton,
John 7. Daniels, John FL. Borum, VIM.
G. Weber, G. L. Cole, VIM. T. Harri-
son, Norfolk; VIM. N. Tinsley. VIM.
Fay, Burnharn Wardwell, T. Dudley,
Jr., Burnharn Davis, Richmond; Chas.
FL. Whitehurst, Norfolk.
After the Grand Jury was sworn in,
Judge Underwood delivered the follow
ing charge:
GENTLEMEN OF THE GRAND JURY:
The absence of the Chief Justice i'm
poses upon me the duty of submitting
to you some considerations for your di-
rection. To the last Grand Jury assem-
bled in this city, my views in relation
to the great crime of treason against the
government Of the United States were
fully presented, and were also so extern
sively published as not to require repe-
tition.
But the liability of persons who were
then subject to the parole agreed upon
by the commanders of the armies which
had been contending in daily conflict,
was at that time an unadjudicated and
embarrassing question. Happily, how
ever, the universal concurrence of judi
cial and legal authorities with the opin-
ion given by the Court on that occasion
has relieved us of all doubt upon the
subject.
We are, also from the changed con-
dition of the country, as the smoke of
battle is clearing away, more free to act
In the administration of civil justice.
Except in special cases the writ of ha-
beas corpusi is restored, and the restraints
OF the parole having been removed BY
the proclamation ofpeace it becomes our
duty to proceed in the investigation and
punishment ofsome of the crimes which
have been committed against our laws.
The omission of the last Grand jury
to find indictments against those who
may be considered the principal Grim
nails and greatest offenders against the
National sovereignty, who were, in
fact, the most prominent in position at
the time they deserted their places in the
Senate of the United States, and became
leaders of the rebellion, has been mis-
understood, and the President has in
formed the Court that he is unwilling
to advise proceedings against such sub
ordinates as Wirz, while their superiors
and more guilty leaders are not brought
to justice. This Court entirely agrees
with the President in his often repeated
declaration, that treason is the greatest
of crimes and ought to be signally pun
ished, and that it is cowardly to punish
the subordinate and comparatively in
significant, and allow the principals to
escape. We also concur in the opin-
ion that the leaders in the late rebellion
may be treated either as traitors or pub
lie enemies, as they were undoubtedly
both by the laws of the nations.
1t is due, however, to the late Grand
Jury to say that their omission to find
indictments against the greater criminals
when presenting those Of inferior posi-
ton and prominence, was caused by the
knowledge that the leaders had been
previously indicted in Washington, and
the jury was unwilling to seem vindic-
tive, or to do any act-not.demanded by
the sternest and clearest duty. Since
that time, the Attorney General has
published his opinion, that Washington
Is not the proper place of trial, but that