The Montana post. [volume] (Virginia City, Montana Territory [i.e. Mont.]) 1864-1869, 1866-08-11

DDUey in ;oefanooe ,pha~o Al. u.... --..I
equal safety In society might havs ha,,, IA =. az
operatjon Of the Iaw1 Hay. the, ,ot ,hn. .,n.
cen6ed the original designs Of ,b ;ns,;,,;o ns
arroeated powers which are on1v sof - ;saH
preted nv the r,,Ies author;,;n,, ,hs;r s;...", !,
Men learn under the teacbings Of snch az, ;s,;,r,
ton 10 reason that bscanse hS t;i,;no ,nar ~ :.
put beyoud the power of rere,iti,n Sf c,;,na I;,I
ing is or ought to be the only penaIv AND A. J.y
in It's mos, severe form il in.deon.ts 10 r,s.t ,h.
requirements of society. Such Conviction. ;mnart
Isrshuess to the Judgment and a coarsenes- 20
the nature of man. wb;cb is as fatal m tbe re6,s
men,s of life as /, is deleerous IN the growth of
civilized and religions inst;tn,;ons
Gentlemen of the jury i we'll rememh.r tba, in
the first charge had the honor 10 deliver 70 the
first Grand jury ever assembled IN tb;s Terr;tor,-
l found occasion to sneak of the services of the
Vigilsntes, and to suggest some reasons for their
disbsndmt Mt An influential member of this bar
who had also been most valuable member of the
Vigilantes, in the dark days of the Territory said
to me, this society will now cooperate with this
Court and aid the Grand Jures in the discharge of
their duties, and sustain the Court in all its efforts
TO bring Offenders to justice. ] have often asked
myself the question, when hearing Of some new
execution since can II be that the fanIt is mine
that this victim was not a*orded a trial in this
Court Why have the people preferred this mode
Of dealing, to that afforded by the laws of their own
adopuonf would not the same zeal, which has
brought summary punishment upon this individual,
exercised to present his case before the Grand
1nry and the Courts, have accomplished a similar
result without bringing with it a violation of the
laws Of the landi Can it be possible, gentlemen,
that the frequent surreptiti0us execution of men,
oegen charm in the minds Of the execr TONERS,
which makes them reluctant to abandon this insti-
tuition; cannot believe it, and yet there is some
inexPhcaole on any other principles.
am aware that while these remarks feebly illus
trate some OF the benefits and some Of the evils Of
the figiantes, they will not. of themselves abate
,ne ope,a'ons !heir society is too extensive, has
been too long in existence, and they hare too much
confdence in its usefulness, and too little faith in
the sufciency OF the law Gentlsmen, il is for US,
Tor You and TO convince them Of their error-you.
by your diligence, perseverance and promptness in
seafcnng out ana presenting all offenders. and this
Court by anOrding them the means of early trial.
There is not society on the Continent where the
earnest and honest efforts of Jurors and Courts TO
pursue and punish crime, are more needed than in
this Territory-nos merely for tho purpose of pun.
ishiug offenders but for the moYe sral,sd n,oYe i'm
portant purpose of re-establishne in The minds of
the whole people confidence and respect for the laws
provided by our Government for their protection.
Ii this cannot be effected and that right speedily,
our society viii soon abandon ali other thoughts Of
redress for Offences than such as is afforded BY the
Vigiautes.
From frequent conversations with influential
members of the vigilantes, who uudsrstsud the nm
favorable tendencies of their society learn that as
soon as they feel assured that Courts and Jures
demands
disband Let US then begin the reform together,
with determination to convince our fellow -cixsus
that the laws of the land arc and shall be sufcient
70 effect the purgation Of the Territory from crime
Let as SO surround and envelope slf the criminal
elements Of our society with the spirit of the law
that there can be no sanctuary found for them II,
the Territory. Let US search the hsunts where
crime loves to entrench itself and drag from their
vicious pureus every offender from tbe b;gbsst N
the lowest until We have performed a thorourh
ustration, and there nothing criminal lef to com
plain Of
In this connection, II may not be improper for me
TO suggst that the vglantss themselves can afford
both Jury snd Court essential service. Let theu
operate In the adoPton Of means 20 detect offend.
sts sod report their success to you; or when a
Grand Jury 70 not In session, to some magistrate
competent to inquire into offences and recognise
tnelr aufhon ny the adoption Of these means
Couts can soon oe render cd sufficiently eicaeious
and the evils which now threaten u.s. be entirely
ovsrcoms.
uenuemen the oath you have just taken requires
Una. you snaii diiigentiy inquire, and true pre-
sonslhen' maAe OF an pubic offences against the
Heop'e OF tne United states IN the Territory Of
on.sna, committed or tr,abie within the jurisdic-
.nsa oi Ins Sou1, OF wnicn you shall have or can
.on thrnpSh & 1suenoe .ae oa snaIi present no per
son 'nrough malice, hatred Or Ill will, nor leave
uhpresentsd through lear favor or affection, or
;ot any ro"ard, OF the promise or hope thereof but
~ al your presentments you shall present the truth
VIC wnoio uuth' snu mourning out the truth, accord.
rug 20 tne oest oi your skili and understanding"
a. OUT ouies are clearly set forth In the laws Of
.ne Lelnto,y iou are to enquire into offences
.ss'ns' 'no Jaws IN 'his county, which may by any
n means come legally to your knowledge. In the
= auisenarge OF your duties, you ara an Independent
ooay' may appoint your times OF meeting and ad- |
,ourn Wnen all the business before you is finished.
our nndings may be IN she form of preseutment
of ihdie'nent.
Plesen'ment IS sn informal statement in writ |
hg' representing 10 the Court that public offence
nss oeen eommitted which is trable within the
Couny, ana tnat tntfe Is reasonable ground for be-
neving tnat particular individual named or des- |
'rioed has committed it, fou may draw your own |!
pfesentment as no particular form is prescribed for
mem ID the law. 1t will be proper for you 10 do /
10 IN al cases brought before you, when you are /
iot fuiiy convinced OF the guilt of the person
'narged with the crime, and yet, deem the charge
u suffcient importance to be more thoroughly in.
'essigsted - u
An indictment 10 defined to be an accusation In /
sn. sI,ung PIessniea oy tne Grand Jury to compe-
n..."n slag person G1n puoiic offence
h;p p1,son T inuc!e1 oy you viii oe brought before
a,s ooui' ior tr'al. fou are warranted In indict-
anea Guy o.;,. asans. am, ~hom' mere such evil
,ia;u.S ~ , o,ne ss WIN 10 you, Judgment II unex-
40, hs e" maa' . oohV'ct,on py ulai Jury. You
~. ou ~ your oehoerarons by the Dis
n.", s Sno vi" ns,ruct you as 70 the char.
.s,', =. ne esuence admssioie before ou' and
n, - w 'ou @ 10 meet'h cases which
u;ds"a msn W Plensn'. an heaisay and secondary
IN J: .Ie soeuncny iu oehali Oh the defendant, |
i !. VIII NOT oe improper for you to listen to any
~ .Hn sst may come 20 your knowledge touch
= 'ue cnslRes against MIN.
- "ny noHoet VI the ulano jury knows OF the
nai, :" :, o.ho ~ tnis county, ts h,s duty