The Orangeburg news. [volume] (Orangeburg, S.C.) 1867-1875, 1869-11-20

ministratlon OF justice, ask that your
Honor will direct new Indictment to
be prepared, and that the matter be
recommitted to the Grand Jury. ~
Judge Carpenter:
Gentlemen of the Grand Jury;-In
order that justice may be done in the
Criminal Courts of the country, it is
absolutely necessary that there should be
perfect harmony between the several de-
partmcnts of such Courts.
have listened to the remarks of the
Solicitor, and in accordance with his
suggestion shall proceed to charge you
upon certain topics which require your
careful consideration. do SO with no
unkind feeling towards tho Grand Jury
or any member Of it, but simply in obedi-
ence to the dictates of Il high aud solem
duty.
Tho Grand Jury of county arc a
Jury Of Grand Inquest, and no crime
can be punished by law until it has been
investigated and become the subject of
an Indictment. This is the commence
ment Of all criminal proceedings 1fthc
Grand Jury are corrupt, then the very
fountains of justice are polluted If the
Grand Jury arc Incompetent then the
fountains of justice are obstructed.
In the case before us, it was announced
in the newspapers, known to the con,-
munity at large, and published abroad.
that a certain member of the City Coun-
Gil of Charleston had drawn Il pistol and
hrcd three shots at II c.'rtain other mem
Der of that body. Whether that party
has defence or not, | do not know.
The proper place to adduco it is in this
Court; and the Grand Jury were in
structcd on the first day of the session
that they had no right to inquire into
the character Of that defence They were
simply to determine whether the ma aesy
of the law had been offended, and to re-
port accordingly
Not only with reference to this case
arc there loud nurmurs, but there are
other matters which have been the sub
jcct of grave complaint. 1t has been
remarked that some portion ofthc Grand
Jury-1 do not know the parties, or
would promptly discharge them from
oihce-wcre indiscrcct enough to say
they did not care what the Cu,ut s.ii,
they would indict or acquit the men thcy
pleased. More than that; it is alleged,
and | have reason TO believe that por-
tion of the Grand j ury do not proceed
upon the testimony before them. but
with refer cnce solely to the color or
politics Of the accused Now. whenever
1T comes to pass that M Bill of Indictment
Tor crime committed, can be found
against man because he happens to be
Republican or Democrat. the source of
justice is CORFU pied aud its administration
is Il contcmp,ibc farce
You and |. ecntl,mcn of the jury.
have duties to perform, and the Judge
or Juror who regards the race or color
of an individual in dclcrmnin: his guilt
or innocence, commits a perjury before
high Heaven. Every Jnrur has solcn.nly
sworn that he will present according to
thts facts. and not according to the color
or the politics %! the man accused; vet it
Is notorl",Isly stated that political status
is made the basis OF Luibera,ion in the
Jury Rcom, and justice is administered
with refer, nee thereto
Nay more. Ii is boldly asserted. and
not in a cnrncr-it is public opinion. and
not confined to any political parry-rhat
the Grand jury have, inscvcrui Instances.
not only Jailed To indict the accused where
the prof showed it ought to have been
done, but absolutely turned him loose
and indicted the accuscr 1t is commend
able to BRING criminal to justice, but if
ii be- true that instead of effcctmg tbs
object, the Grand Jury throw around
the criminal the sh cd Of protection. and
seize upon and punish his accuscrs, it is
pcrllDus undertaking indeed, to make
an attempt to invoke tho power Of Il
Court
There is another subject to which
desire to call your attention. 1t is "A
grave offence against the laws o! the
country for amy officer Of this Count, or
any other person, to tampcr with Il jury.
And if the Sheriff, the Clerk. or any
other person, has at any time talked to a
Grand Juror, aud told him that !, certain
Bill ought not to be found, it is the duty
of the juror to make the statement to
this Court, aud have him presented, tried
and punished The crime is a grave one;
and iiit has occurred, | demand of you
10 expose it in the proper manner, and
bring the offender to justice
want the Grand Jury TO understand
that these things are net done in cor
ncr. The pabl;c eye is fixed on you and
your actions. and it is my duty to ad
wise You of the fact frankly to the cnl
that you may do your duty with i full
regard 20 the honest administration Of
justice. You will now retire to your
room for the reconsideration of the
Indictment against II. j. Mackcy, and
the other business before you.
kssiUTooose So1o