The southerner., 1866-05-26
United 8 tateS District
Court.

United 8 tates District
Court.
HON. JUDGE UNDERWOOD'S
CHARGE TO THE GRAND JURY.
CONSCIENTIOUS sCRUPLEs OF A oUAK-
ER PREACHER.
This Court met yesterday at II
o'clock, at the Court room.
Mr. Beach filed three petitions, ask
ing n,ondamus to compel the District
Tax Commissioner to receive redemp-
tion on property sold by Thomas Owens.
Petition granted, and returnable at
next term.
In conse quence of number of Grand
Jurors not having arrived, the Court
was adjourned until half past 3 o'clock.
Al that hour the Court met, and the
following gentlemen were duly sworn
in as grand jurors: J. R. Bigelow, AL
exandria; Isaac Snowden, Fairfax; John
T. Taylor, Alexandria; j. Gillinham,
Fairfax; Geo. G. Herrs, r. Hodgkiu,
l. D Harmon, c. w Nowland, Alex,
andria; F. Decordy, Geo. w. Singleton,
j. T. Daniels, John II. Borum, Wm
G. Webber, c. L. Cole, VIM. T. nar-
rison, Norfolk; VIM. N. Tinsley, VIM
Fay, Burnharn Wardwail, I Dudley,
Jr, Burnharn Davis, Richmond; Chas
ii Whitehurst. Norfolk.
After the Grand Jury was sworn in,
Judge Underwood delivered the follow
se'iDg 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 d.
rection To the last Grand Jury as
sembled in this city, my views in rela-
ti6n to the great crime of treason against
the government of the United States
were fully presented, and were also SO
extensively published as not to require
repetition.
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 unadjucat.
cd and embarrassing question. Happi
ly, however, the universal concurrence
of judicial and legal authorities with
the opinion given by the Court on that
occasion has relieved US of all doubt up
on the subject.
We are, also, from the changed con
dition of the country, as the smoke o.
battle is clearing away, more free to ac
in the administration of civil justice
Except in special cases the writ of ha
beas corpus is restored, and the re
st1aints of the parole having been re
moved by the PROCLAMATION of peace i
becomes our duty to proceed in the in
vestigaton and punishment of some o
the crimes which have been committed
against our laws
The omission of the last Grand Jur,
to find indictments against those VIII
may be considered the principal criml
nails and greatest offenders against tn
national sovereignty, who were, IN fact
the most prominent in position at tn
time they deserted their places in tn
Senate of the United States, and be
came leaders of the rebellion, has bee
misunderstood, and the President ha
informed the Court that he is unwillin
to advise proceedings against such sui
rrdinates as Wrz, while their superior
nd more guilty leaders are not brough
ty Justice. This Court entirely agree
with the President in his oft repeatc
declaration, that treason is the creates
OF crimes and ought to be signally pur
ished, and that it is cowardly to punis
the sabordinate and comparatively IL
.slgn icant, and allow the principals
esepapa We also concur in the oplnio
that the leaders iu the late rehellion ma
be treated either as traitors or publ
eneuies, as they were undoubtedl
both by the laws of the nations.
1t is due, however, to the late Gran
fJuly to say that their omission to IN
Indictments against the greater criml'
ais, when presenting those of lnferl'
Position and prominence, was caused