The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1867-07-31

Charge OF Judge Underwood.
The following is the charge of Judge
Underwood delivered on Friday to the
Grand Jury Of the United States Cir
cult Court, now in session At Rlch-
nond:
Gentlemen Of the Grand JuTy-I have
to inform you upon the occasion OF
your Ee-assembling that for your indie
1atigable efforts al the last session 10
ferret out violations of the internal rev
enue laws, you have not only received
the applause OF your felloW-citizens OF
Virginia, but the Commissioner at
Washington has desired me especially
to thank ycn for the course which you
have taken.
Hitherto great difficulty has been
experienced in the collection of the
revenue arising from whisky. Espe-
ciziIy has this been the case in disloyal
portions Of the country, and in New
York, city even more disloyal than
Richmond, the detection of fraud has
been very unfrequent. The tax on
whisky has been condemned as ex-
travagant or unreasonably high. But
a moments thought must convince a
reasonable man that the contrary is
true. Thatimposed by the British gov
per gallon sum equal 70
about tsoo dollars and 1dy
IN 1oLd-whiIe in the Unite ] States but
TWO dollars in currency - required 10
be paid. The people of England pay
the IA With willingness in every part
of the country where loyalty PreValls'
and few complaints OF evasion are
made. Patriots and PhilanthroPists'
/ however, believe this high tax upon
distilled poiSOn a real blessing; FOR II
certainly prevents diffusion OF the pol
| son, saving thousands Of lives, prevent
ing crime, and increasing the happiness
of the people. Police records, jail sta
tistIcs and the newspapers of the day
tell but too plainly the fearful WORK
which whisky has performed. We can
not, therefore, compute the blessings
which may result To the community
from your efforts In this direction.
at is shameful that many in this city
should SO far have lost their sense OF
Tectitude las 10 believe that a merit ex-
lists in defTaDding a lawful Government
of It's due income. With these persons
you have properly dealt.
"But learn that at the present SEES
sion another and new class OF crimes
will be brought up for your considera-
ton. These are peIjuries arising from
the late registration. Toloyal and tried
men as you, gentlemen of the Grand
Jury, are known to be, advice from the
Court upon this subject may Seem
almost superhuous. feel il my
course tempered by dues moderation
should be pursued in your inyestiga-
lions. 1 cannot doubt that many
crimes of this nature have been COM
mitted, that many have peUured them
selves in order TO obtain the privilege
Of franchise, but it would seem that
great caution should be observed be-
fore presentment is made. Bear in
mind that concerning n large number
whom you and believe have commit
| ted perjury there Is q wide difference Of
opinion among loyal men, and those
high in authority. Some OF our fellow
citizens have probably been guided by
the expressed opinion OF the Attorney
General. who you will remember Is the
highest legal authority known TO The
Law. These can urge with much plau-
sibility that there Is much excuse Tor
them II the Attorney General agreed in
their construction Of the Congressional
acts. The commanding General OF this
district, also, has expressed some views
which may not personally coincide, and
which do not seem to agree with the
Legislation of Congress at the late seS
sion. Here, too, would urge torbear-
ancs, as the accused might plead that
he had been guided by the Generals
opinion.
"It is scarcely advisable TO Indict any,
therefore, hut those who have been
fragrant peEjurers. Do not aim at the
misguided, uneducAted and ignorant,
bot mark the leaders and other we'll
known individuals who have falsely
sworn. would call your attention TO
postmasters, their assistants and depu-
/ lies, all OF whom, i am informed at the
PostofIjce Department, have always
/ been required to subscribe TO an oath Of
allegiance to the United States Govern
ment. II aftsrward they have engaged
\ in rebellion, and then registered, II is
/ Tor you to consider whether they are
l perjurers."
In conclusion, the Judge again urged
moderation, and in this connection re-
| EerI ed TO his own views on the freedom
/ of the press, which he thought should
always be allowed to the fullest extent.
Better allow encouragement of treason
than exercise a governmental censor
ship over newspapers, for in time the
\ most violent journals will sting them
selves to death. This view he had ad-
vocated two yeBrs ago when advised
! by the GeneTal-in- Chief OF the Armies
OF the United States to prosecute seces-
sion journals.
| The Grand Jury then retired to their
room, on the first floor of the Custom
House building.