The Montana post. [volume] (Virginia City, Montana Territory [i.e. Mont.]) 1864-1869, 1866-08-11
CH1EF.J USTICE H. l.. HOSMER,S
CHARGE To THE EGRAND JURY.

Hon. H. L. HosMER, JUDGE E1c-Deay Sir
we, your friends Of the Bar who heard your excel
lent charge this morning To the Grand Jury of Mad
son county, take pleasure aud really feel IL q
onty TO the community In which We live to respect
niiy ask yon to furnish copy of the same for pub
ication. believing that all such productions mus,
nave healthy infiuei ce in any sOciety
Very respectfully,
7. Thoroughmsu, James g. Spratt,
Alex. Davis, w. NJ. Stafford,
T. r. Edwards, Thos " Rupell,
J L. Mccullough, VIM. Y. Lowell,
VIM. A. Chiles, W. f. Sanders
Sam. Word J. D. Ritchie
Virginia City, August 7th, 1866.
Gentlemen: In compliance with your request
that i should furnish a copy of my charge deliv.
cred to the Grand Jury this morning, for publica.
ton, have the honor, herewith, to place the same
at your disposal. Very respectfully.
HEZ. l.. HOSMER.
Messrs. 7. Thoroughmau, Alex. Davis, Spratt,
Stafford, etc.
Gentlemen Of che Gyasd Jury:
The long interval that has elapsed since the last
session of Court in this District affords occasion for
retrospective glance at the condition of judicial
AFFAIRS, which II may not be improbable. at this
time, to improve. Little more than one wear and a
hall ago, the first Court in this Territory was organ
lied in this city Previous to that event. the obser-
vance Of order had been enforced by the efforts of
voluntary ass citation, which originated in neces.
sty and which had for its object the protection and
defense OF the people Of the Territory against the
designs Of an organized band Of marauders who
acknowledged no Law, and deemed no crime too
great which could accomplish their purposes Of
robbery and excess 1t is no small compliment to
the energy and principle of those who formed this
association, that they carried their object into effect
The inhabitants of Montana owe much to their
fidelity, forttude and prOmptness--fOr. while some
of the Territories organized anterior to ours are
suffering from all the evils Of murder robbery and
frequent ARRAYS, ours Is nearly exempted there
from as any society similarly exposed could expect
to be. This is attributable to onstrumentaties which,
OF justice, publicly, to approve; but which, here,
in the early history OF the Territory. effected more
than, under similar circumstances could have been
effected by the cOnjoint labor Of all the courts in
the land. momentary contrast between the con.
dtion of our society and that of Idaho sufficiently
demonstrates the efficacy of early association in
new and unorganized communities, for the sup.
preston of crime Idaho, now the prey of robbers
and murdercrs, would to-day have been as FREQ
from their ravsges Montana had her frat settlers
been as determined ours to punish crime and pre-
serve law. Instead of being crowded, as she is
with the very worst society Of the Pacific slope
and 10 fact afordiug shelter and protection to the
fugitives from Justice from neghbsring States and
Territories, she would be like those States and
Territories, Il G abode Of q law abiding people.
There is something in the materials OF which the
early societies of all new rapidly settling countries
arc compounded, that the lsx fails ~ reach. Com
posed as these societies are, Of people haiipg from
great number Of pationalitiss and from ali parts
OF our own widely extended country, who bring
with them the peculiarties, habits and customs in
which they have been reared, they necessarily,
by the mere attrition of mind, Kept In q state of
continual excitement. 1t is not strange that this
should be 50. Tho wonder is. that results are not
more disastrous than We usually find them. Moth
ing less than fear that Is personal To every vicious
member of such society, can restrain its constant
present spirit of the law operates in older more set.
tied communities. When, therefore We condescend
to reason upon the comparative efficiency ~ the
law, as il b sxPounded by Courts, and the law as
executed BY determined, resolute, peace-loving
people, in An unorganized condition society there
10 everything to approve in the course that has
been pursued BY the inhabitants of Montana-and
as much TO condemn in the tsrdiness and moral
obiquty of those Territories which have adopted
a more lenient course
Justice demands that should accord to the Wig
ilAntes OF Montana thorough devotion TO princi-
pc in all their operations They have not taken
life wantOnly, or for the mere purp< SO of killing
Their desire has been-stil is-for Q condition Of
society exempt from crime. They have fully con-
sidered their exposed situstion-and made proper
allowance for the various influences and extremes
Df human passion bat they have sought, az 10
evident from their acts to establish honesty among
men and preserve human life. The scaffold was
erected to preserve blessings, which, in the early
history Of the Territory the law too tardy and
By too many contingencies, to pro.
serve. The confidence Of the people in Courts has
been impaired by the success Of ingenious counsel,
he corruption of individual jurors and, perhaps.
n my own case, might confess. by the leniency
II the Bench toward those accused of crime As
consequence, the community has regarded with
avor the speedier remedies Of the Vigilantes and
hese haya heon IoJ az ~. .~tu