The day book. [volume] (Norfolk, Va.) 1857-1867, 1866-05-03
circuit Court Of Norfolk County.

CHARGE of Judge Richard H. Baker, to the
Grand Jury, at the Court held in the CITY
of Portsmouth, March l, 1886. 80 q. =,
The members Of the bar having addressed
a communication to the Judge, requesting that
he will cause to be spread upon the records
of this Court his charge, delivered to the
Grand Jury on the first day of this term,
the Judge consents thereto, and the same is
as follows: 9-# 's ,3.N-- III l-.Ils-i.
Gentlemen Of the, Grand Jury custom and
the law require that should make some
special reference to your duty, before you
retire to your chamber for consultation; and
heartily wish it were in nay power to give
you such aid as the faithful discharge Of your
important duties may suggest. Your atten-
ton, as you no doubt remember, should be
confined to the investigation of criminal mat
ters arising within the jurisdiction Of this
Court, and such criminal matters Of course
comprehend felonies, misdemeanorsa and viola
lions of the penal law, except few minor
offences unnecessary now to be noticed. Cen
tlemen, it is indeed on the execution of laws,
that their excellence practically depends, for
they are seldom inherently bad they never
inculcate vice; they become bad by corrupt
or ineffective execution and it is unfortu-
nately true, at this dark period Of our his
tory, that there exists remarkable irrever-
ence for justice pervading large class of our
community, and the country at large; while,
at the same time, there seems to be a general
belief throughout the popular mind, that
whenever 50 disposed, the people can discard
the law with impunity. Such despetic doc
trines should find no aid or support with
people who claim, as we do, to have the pro-
lection of the acknowledged law for our rights
of person and property, rather than the SIC
Uolo, or the rule of force. -- i-.. 81
Itwould be regarded by you gentlemen,
am sure, as no fancy sketch, were fully to
describe to you the indescribable ruin and
mischief which would be the certain and I'M
avoidable result of the rule of force and vio-
lence, rather than the long established and
wholesome doctrine Of the law, sanctioned and
approved of by tho constituted authorities of
the land. In view Of these considerations,
insist before you, gentlemen, that it is the du-
ty Of every faithful honest citizen, and espe-
cially of the Grand Juries, as far as may be,
to arrest the degeneracy of the present age, to
escape, before it is too late, from the present
unsound condition of the country.
urge this, particularly and especially; for
| repeat, that experience undoubtedly shows,
that both the knowledge of morality, and the
love of law, if am right in the views above
expressed, have recently made, and are now
making, slow progress and but little advance
in the world; and the reason Of it is not hard
to be found in mans necessities, passions,
vices, and mistaken interests, which turn their
thoughts another way. Hence, gentlemen, l
hope, in the discharge of your official duties,
you will not fail to remember there is felt
satisfaction in the thought of having done
what we know to be right, and that its conn-
terpart is felt discomfort, amounting often to
bitter and remorsetul agony, in the thought Of
having done what conscience tel s to be wrong.
There is also placid feeling of serenity and
blissful contentment in the earnest effort to
carry out the law and thereby make others
feel safe and happy; there is a certain rejoi-
cling sense of clearness in the consistency, the
exactitude of justice and truth; and there is
a triumphant elevation of spirit in magnan-
unity and honor which are the result Of hon.
estly fulfilling public duty.
Gentlemen, it is especially provided by our
Constitution, which you. no doubt, remember,
that no person hall be held to answer for
capital or other infamous crime, unless on the
presentment or indictment of Grand Jury;
and, as to all minor offences, the law requires
the Grand Juries to take prompt judicial no.
tice by the like means and remedies; when
called on to act, at least twelve of the Grand
Jury must concur, and in finding or making
a presentment or indictment, you should act
either upon the testimony of two of your own
body, or the evidence of one or more witnesses,
called on by the Grand Jury or sent to it by
the Court.
chaH r,y1,ff far ha a
more particular enumeration and specification
of your ordinary duties as Grand Jurors.
There is one subject however, gentlemen, to
which, befors I conclude, l beg to invite your
attention, notwithstanding it is a matter
Justice. We have but recently emerged from
bloody and desolating war. the origin and
cause of which / shall not undertake to dis
cuss in your presence and hearing; for how
ever that and the like matter may be-, the
country at large, hope, inasmuch as the war
is now ended and peace proclaimed, will soon
be, il not already, in the full and perfect en-
joyment of comfortable and peaceful relations.
And now that hostilites have ceased, and the
late bloody and crushing strife between the
North and South terminated, submit that
every man, come from what quarter of the
country he may, and especially the ministers
and guardians of the law, should accept in
good faith the terms of paci6cation which
have been agreed on, and that all concerned,
both North and South, should so conduct
themselves as to leave no feelings of luminosity
behind, which shall make future cordiality
impossible; and, at the same time, be anxious
to inhict no wound which peace cannot heal
or pride forgive. se,il t's
If the South would be virtuous and happy
she must act with the most scrupulous good
faith we, the South must make no excep-
ton of even one favorite vice, if we have one !;
for one break in the harmony of virtue, and
the whole is unhipged; one link unfastened,
and the whole chain falls into pieces. The
North, too, on its part, in spirit of mag
nanimity and justice, labors under the highest