Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-05-16
Gbllo Statesman, 11l1 {.

Meeting Of the United States Dis-
/ trict Court nt Norfolk, Virginia
Judge UnderwOOd's HIxtraOrdi-
3. nary Charge 10 the Grand Jury.
The United States District Court met on
Tuesday last, at Norfolk, Va, Judge I'M
derwood presiding. The following gentle
men were sworn in as Grand Jurors: j.
X. Bgelow, Alexandria; Isaac SnOwden,
Fairfax; John 7. Taylor, Alexandria; J.
Gillngham, Fairfax; Geo. G.. Hers, r.
Hodgkin, l.. ID. Harmon, g. w. NOwland,
AleXandria; f. .DaeUrdy,p Geo.'W. Single
ton, John 7. Daniels, John II. Bornm, VIM.
G.. Webber, G. J.. Cole, w. I. Harrison,
Norfolk; VIM. N. Tinsley, VIM. Fay, Burn
ham Wardwell. II. Dudley. Jr., Burnham
Davis, Richmond; Chas. ii. Whitehurst
|, Norfolk.
|" After the Grand Jury was sworn in,
Judge Underwood delivered the following
charge: ~
GENTLEMEN OF THE GRAND JURY.-The
absence Of the Chief Justice imposes upon
me the duty Of submitting to you some
considerations for your direction. To the
last Grand Jury assembled in this city my
views in relation to the great crime of trea-
son againstthe 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 ah unadiudicatGd and embarrass-
ing question. Happily, however, the uni
| versal concurrence of Judicial and legal
authorities with the opinion given by the
Court on that occasion has relieved us of
all doubt upon the subject. ..
We are also, from the changed condition
of the country, as the smoke OF battle is
clearing away, more free to act in the ad :
ministratiOn of civil Justice. Except in
special cases. the writ of bdbeaS corpus is
restored, and the restraints of the parole
having been removed by the proclamation
of peace, 1t becomes our duty to proceed in
the investigation and punishment of some
of the crimes which have been committed
against our laws. H ..a' h'
o The omission of the Grand jury to find
indictments againstthose who may be con-
sidered the principal criminals and great
est offenders against the National sover-
eighty, who were, in tact, the most promi-
nent in position at the time they deserted
their places in The Senate of the United
States, and became leaders of the rebellion,
has been misunderstood, and the President
has lllOIIltu Illt tOulI ludJ llC 10 ullWllllIlO
to advise proceedings against such subordi-
mates as Wirz, while their supcriors and
more guilty leaders are not brought to ius-
tice. This Court entirely agrees with the
President in his often repeated declara-
tiou, that treason is the greatest of crimes,
and ought to be signally punished; and
that it is cOwardly to punish the subOrdi-
nate and Comparatively insignificant, and
allow the principals to escape. We also
concur in the opinion that the leaders of the
late rebellion may betreated either as trai-
tors or public enemies, as they wree un-
doubtedlybOth by the laws of nations.
1t is due, however, to the late GrandJury
to say that their omission to find indict-
mpnts against the greater criminals, when
presenting those of inferior position and
prominence, was caused by the knowledge
that the leaders had been previously indict-
ed in Washington, and the jury was unwill-
ing to seem vindictive, or to do any act not
demanded by the sternPst and clearest duty
Since that time the Attorney General has
published his opinion that Washington is
not the proper place of trial. but that the
trial should be in Virginia, where the actu-
al offenses had been committed. We, there
fore, submit the matter to your considera-
ton. u
Much complaint has been made by our
fellow citizens of the North of the tardiness
of our criminal prosecutions. We think il
better, in imitation of the great and good
martyred Lincoln, and in imitation of the
Great Ruler of the Universe, whose judg-
ments and retributions are slow, but sure
that we should approach this great ques-
| tion of the punishment of the authors OF
the terrible and unprOvoked rebellion with
all possible deliberation, discrimination,
caution and clemency, so that no unneces-
sary blood shall be added to the torrents
that have already soaked the soil of our de-
voted State.
l., Those at the North who assail us seem to
forget our peculiar circumstances. That
education which Is almost universal with
Gthem is here confined within very narrow
limits; that the masses of people with us
who can not read are necessarily depend
ent on the educated few tor their opinions
and conduct and hence the necessity OF
| greater care and discrimination in ascer-
tanning guilt and inflicting punishment. II
may be said that ignorance is not an excuse
for crime in free government; but the
| truth is, Virginia has never had a really
| free governments, nor could freedom exist
for anyNclass where nearly half the people
| were held in abiect slavery. BY an ire
| pealable law of nature, whenever we fasten
one end of the chain upon fellow-being
the other and heavier end Is linked around
ourselves, corroding our bodies until the
| iron enters our very souls. We insist,
/ therefore, that the masses of our people
were so profoundly Ignorant Of the con-
| ditionof public affairs, and sOmisled and
deceived, by the intensely selfish and wick
ed aristocracy, as not to be morally re-
l)sponsible tor thalr participation in the late
| rebellion, and that it would be adding cru.
city to injustice to hold them so. To con-
vince the most sceptical n.this subject, LEI
| us look at the condition and history Of the
First Congressional District in this State
| That District contains more than, four
! times the territory of the rich, prosperous
enlightened, happy, liberty and equality
loving otateof Rhode Island, once these OF
learning aud OF boasted Virginia hospital
| ity, the birthplace Of four Presidents Of
| the United States, embracing the site Of the
first English settlement in America the
city OF Jamestown, which, now more fallen
than Tyre or Sidon, or Sodom or Gomorrah
has not enough ofruinseyen left for bats to
| fit or owls. to hoot in. In the niheteeil
counties of that District, there is not now,
as its Representative i'm Congress thirty
|, years ago boasted, a single newspaper pub
| lished, and so long has the schoOlmaster
been abroad, that probably more than
threerfonrths. of its native, grown men and
women can neither read nor Write. Rhode
Island, with its half million acres, has near
Ijly double the population, ten times the
wealth, enter prise and education, and con-
tributes to the National Treasury more
than twenty times the amount of that Dis.
| trinf With Ire m orc than tyvp fnilliano IA