The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1868-11-26

yesterday the grand jurors summoned by
the United States Marshal, and sworn on
Tuesday, came into court. Chief Justice
Chase, instead OF delivering the customary
charge, made the following remarks
: Gentlemen of the Grand Jury,-When
sworn yesterday there was administered to
you, besides the usual oath, an additional
oath, which, by the act of Congress, is not
required to be taken unless upon motion by
the District Attorney, or by the direction of
the Court in the exercise of its own discre-
ton. An order of the court at each term
is required by the act. At this term the
District Attorney has made no motion, nor
has the Court given any direction that the
additional oath be administered. It was
administered by the clerk in accordance
with the practice which has heretofore ex-
listed. ..@ EE[ ls"'s'H}t -
Scruples at taking it, expressed by some
of the grand jurors known to be among
those best qualified for the responsible du-
ties of their position, have induced US to
inquire whether the public interests now de-
mand that the taking of it be required; ; and
we are satisfied that while the matters af-
frmed in it are proper cause of challenge
in particular cases, the ends Of justice will
be hindered and defeated, rather than pro-
NOTED and secured, by directing it to be ad-
ministered, unless some special occasion
shall demand it. No such special occasion
now exists, and inasmuch as the required
number of grand jurors have not yet been
sworn, we will order that those who have
been sworn be discharged, and the Marshal
will summon another grand jury in the
usual manner.
The oath here referred to is that COM
monty known as the "iron-clad," which
has been required of all grand and petit
Jurors in United States courts in the south
ern districts since the war.
In accordance with the order Of the Chief
Justice, the jurors were then discharged,
and the following were sworn in by taking
, the usual oath to support the Constitution of
the United States, to diligently inquire" 4"
etc.
C. D. Yale (foreman), H. P. Clinton,
John s. Deylin, George Blumenthal, s. L.
, Annable, DR.. G. S. Beattie, j. B. Smoot,
Thomas Dany, P. G. Henderson, George
Schanck, Peter Dilwerth, W. A. Lydick,
' J. J. Leftwioh, Abram Christman, John l..
: Aener, Thomas II. Deaver, L. L. Moore,
D (white,) and Fields Cook and J. B. Carter
g (negroes).
t The Chief Justice then read his charge,
| in substance as follows:
! INTRODUCTORY.
| Gentlemen of the Grand Jury,-ln the
I maintenance of public order, without which
= there can be no security for private pro-
e perty, personal rights, or public prosperity,
| you have an important part to act, and
e responsible duty to perform. You are en-
1 panneled to make diligent inquiries and
s true presentment of crimes and offences
] against the United States within the dis
e trict of Virginia.
/ There is class Of offences which may be
e prosecuted under the laws of the State as
we'll as under the laws of the United Safes.
6 OF this class counterfeiting is an example.
e There is another class which can be prose
| cuted under the laws of the State only, be-
t cause the laws of the State only are offended.
. OF this class are felonies committed within
= the State upon citizens of the State, and not
= in contravention of national legislation
! founded on special relations of the sufferers
| to the national government. Concerning
this class of transgressions it is not your
duty to inquire. Your duty relates exclu-
sively to the first class, and to all other
offences prohibited, under penalties more
, or less severe, by the laws OF the United
o States.
= MURDER on THE HIGH SEAS.
! Among these offences murder holds guilty
= prominence. AS has been just intimated,
. these laws do not prescribe the punishment
of murder in ordinary cases, but only IN
> special instances within national Jurlsdlc-
-. ton. Murder is committed where life is
: taken with premeditated malice, whether
long cherished or recently, or even sud-
denly conceived. The act must be done
= upon the high seas, or in some river, har-
i bor, basin, or bay, not within the Jurlsdlc-
ton of any State or in some port, arsena al,
dockyard, magazine, or other place, under
= the exclusive jurisdiction of the United
States or by some crewSman or passenger
= upon crewsman, or passenger of an Anne II
: can ship in foreign port, unless the per-
' pctrator of the act has been already
:, brought to trial in the foreign jurisdiction.
9 The care of the national legislature to avoid
: encroachment upon the State jurisdiction
of crimes is manifest in the fact that in no
. other case than those just enumerated Ii
this great crime punishable under any act
Of Congress.
; You will be called upon, gentlemen, az
- ton to this subject, and it will be your duty
if you find upon inquiry that any one hat
. taken the life of another with premeditated
malice upon the high seas or in any OF the
places mentioned, to find an Indictment
r against him for murder. Acts are done
d upon the high seas, within the meaning oi
Il, this ACT, not only when committed at sea De-
/, yond the boundaries OF any particular
e country or nation, but also when committed
s On the constructors of the United States
: beyond low water mark.
l., If you find that life has been taken IN
= any locality which has been described,
: whether at sea or upon land, unlawfully
: and Intentionally, but without premedltated
2 malice, it will be your duty to find against
? the person thus guilty an indictment not
q for murder, but for manslaughter.
e 1t will be proper that you be satlshed
before finding an indictment in either case
that the offence was committed within three
miles of the coast of Virginia, or that the
q person to be charged has been brought
=. within this district.
0 OFFENCES AGAINST POsT0FFICE LAWS.
Your attention will also be directed te
S offences against the postottice laws. 1t il
= unnecessary to do more at present than te
!. invite your particular consideration OF the
e twcnty-tirst and twenty-second sections o.
the act of March 3, 1925. You win find there
that if any person employed in any OF the
: departments of the postoftlce establishment
= shall unlawfully detain, delay, or open, any
!, letter, packet, bag or mail Of letters, which
: | ohon oou,a 20 h;u pnrraaainp md are in