The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-11-30

Southern people We copy the full report Of the pro
ceedings in the United States Circuit Court in tina
city on Tuesday last of which the telegraph CAV
US merely an outline:
From he Richmond Dispa'ch Of Wednesday,
Two hours before the time appointed for the open
ing of the u S. Circuit Court yesterday morn
Ing, the crowd began to gather on Banl-street, tt
catch sight of Mr.. Davis, and, il possible, to gail
admi sion into the courtroom. An excited
ttrong also filled the lobby and passages Of tn
customhouse. The prospect for trial, and th
probability OF the arrival OF Chief Justice Chase
were Of course the prevailing topics Of conversa
tion-ror il was already we'll known that MIR. Chase
from some unexplained cause, had not arrived a.
expected.
At quarter to II o'clock an officer stationed a
the door Of the courtroom admitted the clerks
rerorters, and members Of the bar, who thu, ert
afforded sufficient time to seat themselves before
the crowd gained admission. A number Of ladie!
wives and daughters of United States army OH
GERS and one or two well-known ladies from Church
Hill, were allowed privileged seats in rear OF th'
desks set apart for the representatives OF the
press.
of persons OF nots were soon gathered together
Among them were noticed Ex-Governor Letoher
Hon. James A. Seddon, bon. ]. s. Pendletor
formerly United States Minister to Chilli, Charlie;
OConor, George shea, and William Evarts, Esqs.
General Granger and Governor Peirpoint. Beside
these there were many Of less celebrity and about
forty R chmond attorneys and counsellors at laT.
The grand jurors occupied their usual seats.
at II o'clock tho doors we're thrown wide open
and in rushed promiscuous crowd OF persons
~ no had been standing IN the passages and on the
stairway. People OF all colors, ages aad sexes
came pushing forward, and soon there seemed
neither seat nor standing room for another man
The efforts OF the police were barely sufficient to
keep the impatient throng within bounds; but al
length the crowd was 80 dense that moving about
was almost impossible. Then comparative silence
reigned.
and tho Court was Immediately opened by Mr.
Crier Underwood.
The Clerk then proceeded, by order Of the Court
to call the list Of grand jurors. Only nineteen an
swering to their names, the following were substl
tuted for the absentees Lomax B. Smith (colored)
A. Vance Brown, David Turner, Josiah Maillard
and Bernard Davis.
Before the grand jurors were sworn, Mr.. Chand
ler District Attorney, after consultation with bis
associates, submitted motion, based upon section
2 of the Act OF Congress, passed June II, 1862
which provides that the District Attorney may
move and the Court may require the Clerk to ad
minister to grand Jurors certain oath, which hC
read aloud.
The Court directed tho Clerk to administer the
oath in question, aud any jurors who entertained
conscientious scruples against taking 1t wera re-
called.
George Rye, foreman, and each grand Juror,
then took the following oath, which we publish II
full:
"You do solemnly owear that you will support
the Constitution Of the United States Of America
that you have not without duress or constrain,
taken up arms, or joined any insu,rection or re-
bellion against the United States; that you have
not adhered TO any ipsurrec:ion and rebellion CIV
ing it aid and comfort that you have not directly
or indirectly given any assistance in money or any
other thing to any person or persons whom yor
knew or had good ground to believe had joined OF
was about to join said iusurrecton and rebellion OF
had resisted or was about to resist with force o.
arms the execution Of the laws OF the Unitee
States and that you have no. counseled or ad
vised any person or persons to JOIN in any rebellion
against, to resist with force OF almS the laws G.
the United States"
After the jurors had been sworn, proclamation O.
silence on pain Of imprisonment was made, willis
the Judge delivered the
CHARGE TO THE GRAND JURY.
Gentlemen OF the Grand Jury: regret that the
absence of the Chief Justice imposes upon me the
duty Of presenting to your consideration tha
which that eminent jurist could present with oc
much more propriety and ability.
You have been summoned and impannelled Il
inquire concerning crimes and offences against tht
United States in the District Of Virginia and 1t be
comes my duty to give you some genera! lnstruc
tons in relation to your duties.
The general nature OF those dutiee appears sui
noiently in the oath which you have taken.
You are to be diligent in your inquiries. Tht
general good requires certainty Of retribution fol
offences against the laws. Moderate punishments
il certain restrain from crime moro efectualy thai
severe if uncertain. 1t is your duty therefore, tt
see to it that offence escapes your investigation
through negligence or laxity.
And you are to be absolutely impartial. All per
sonal favor and all personal dlsfavor must be rig
orously excluded from your room. No party ant
no class bias or prejudice must be allowed thu
slightest influence upon your deliberations or de
cislons.
You are selected from among your feilow-,itizen
without regard to race or color. Show no regard
to either in your proceedings. You are mini teri
of Justice, charged with most responsible and i'm
portant functions In the performance Of then
you cannot, without fault look to anything but tn
evidence and the laws.
Offences connected with to rebellion which ha
so lately distracted and afflicted our country vii
necessarily claim your first attention.
The Constitution declares thai treason agalns
the United States shall consist only in levYing wa
against them, or IN adhering to their enemies
giving them aid and comfort and that Congress
shall have power to declare the punishment o
treason, but no attainder Of treason shall worl
corruption Of nlood or fort iture except during tn
lie OF the person attainted." The power to gran
reprieve snd pardon for offences against the Con
stitution, except in casos Of impeachment i
vested By the Constitution exclusively In the Presi
dent.
Those explicit provisions mark a plain path 70
you. If it is brought to your knowledge that an.
citizen Of the United States has been engaged Il
levyinS war against hem, it will be your duty Il
find an indictment for treason agalnst the offender
unless, indeed, 1t be also brought to your knowl
edge that such offender has received specla
pardon, or is included in some general act OF am
npsty.
In the exercise of it's power to declare the pun
ishment OF treason Congress has thought fit b
recent legislation materially to abate the rigor
the earlier law.
The act Of April TO- 1888, placed treason at tn
head OF the list Of offences against the Nationa
Government, and provided that II any person ON
in allegiance to the United States Of Americ
shall lew war agar them, or shall adhere
their enemies, giving them aid and comfort, an
shall be thereof convicted such person shall SUI
fer death. Th. act Of 18th July, 1852, however
declared that treason thereafter committed shoul
be punished by death aud the enfranchsement {
the slaves of the coavict, or, at the discretion
the court, by fine not less than ten thousand DO
lars, and Imprisonment not less than hve years
The same act in its second section, provided tna
any person who should thereafter 'incite, set O
foot assist or engage in any rebellion or insured
ton against the authority Of the United States
the laws thereof" or give aid and comfort there
TO-" or engage in or give aid and comfort to an
SOcn eXlStlng reDeluOQ OF lusurISCIlOl, euOuiu
punished by Imprisonment net exceeding to
years. or by fine rot exceeding ten thoTsand do
lars and BY the liberation Of his slaves, or By bot
punishments at the discretion OF tao court.
The third section of the same act declared TIA
| every person guilty of either OF the offences d.
scribed should be forever incapable eud dlsqual
| fed to hold any, Office u1acr tho United States.
1t is rot easy to ascertain the intention OF Coz
gress in these sections. But the first sectio
seero- TO provide for the punishment, Of treason i
gel al; while the SECOND section not only prt
yides for the punishment Ct acts which do not ia
within the constitutional definition OF treason, br
of the other acts, particularly that Of engaging
the existing rebellion, which is uIquestionabl
within that definition.
This is not the OCCASION for giving de6oitiy
| construction of the act.
! II viii be your duty, gentlemen, should the ev
dence laid before you require indictments unde
it, to state the offence distinctly as committed b
fore or after the act OF tho 17th'July 1852, and
committed after .describo the facts IS conshtutin
either treason III general, or one OF more OF I'll
offences described by the said acts, whether tret
son OF Of inferior criminality.
Your attention is also called to the Violations
the internal revenue laws by manufacturers an
dealers in whiskcy and tobacco.
Congress has imposed high taxes on these art
A. .,ar