The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1870-08-31
after which the Court adjourned until
2 O clock. :.
After dinner Judge Jackson delivered

hllcr uiuuer JuuSc OdChooh "Si'~@
his ~ - -
CHARGE TO THE GRAND JURY.
He commenced by calling their atten
ton to the oath which they had takel
9 and said that it embraced their who'll
duty. If they fulfilled their duties un
der that they must diligently inquire
into all such matters as should be glvel
c them in charge"-that is, all matters
which should be specially called to then
, attention by the Court, as well as al
,, other matters which should come tc
their knowledge touching the present
. service" and no matter how that knowl
edge may be obtained, if the Grand
Jury, or any member of it, should learn
of any violation of the law, it was their
duty to investigate it as fully as though
it had been specially presented to their
attention. This was high and respon,
sible duty-a duty not only due to the
Government but to the citizens; for so
long as the Grand Juries Of the country
dc their duty, criminals know that pun
ishment will surely follow the comr'is-
sion OF offences. But, let it once be
understood, that they are disposed to
pass over these offences through mis-
taken leniency, and crimes will multiply,
violations of the law will be an every
day occurrence the rights of the citizen
will cease to be respected, and murder
rapine and robbery will take the place
Of protection, happiness and safety.
Therefore it is, gentlemen, that ] call
your particular attention to the obliga-
ton which you have voluntarily as
snmed, and to the high and RESPONSIBLE
duties which itimposes uponyo ~ on
shall present no person through malice
or ill-will; nor leave any unpresented
through fear or favor" This portion
of your oath, gentlemen, it is needless
for me to comment upon. 1t explains
itself; and it binds you TO lay aside all
personal feelings in entering upon the
discharge of your duties 1t binds you
to present no one through ill-will,
but to examine each and every case that
may come before you for your consid-
Grafton, without prejudice, fairly and
impartially, and, regardless alike of
your personal or political bias or feel
ings, to do your whole duty. Nor
shonld YOU "leave any unpresented
through fear or favor" In the dis
charge of your duties you must know
no one. Though he may be the dearest
friend or the bitterestenemy you have
on earth, your obligation compels You
to give the evidence against him a fair
and impartial hearing, and if it is such
in your opinion as will Justify an in
dictment, you must lay upon the altar
of duty the friendship or enmity Of
years, and in the exercise OF the powers
conferred upon you and the duty re-
qured at your hands, in all your pre-
sentiments, present the truth, the
whole truth, and nothing but the
truth" regardless of fear and disre-
garding the claims Of favor or affection.
In the discharge Of your duty you
will, gentlemen, be governed by the law
as delivered to you by the court, and if
at any time, during your retirement
You desire to be instructed upon any
point, it is the duty, as it will be the
pleasure of the court, TO give YOU any
information You may desire You will
bear in mind that you have before you
but one side OF every case which is pre-
scented, and while it is your sworn duty
to prevent all violations of the law, you
should be satisfied that the evidence is
sufficient to warrant an Indictment be
fore YOU return your presentment to the
court
The court then proceeded to call the
attention of the jury to the revenue and
postotiice laws-of the United States, ex
planning them in clear lucid manner,
and then called their attention 70 the
act Of Congress usually known as the
enforcement act" and remarked that
as it was well known that several regis
trars were under a recognizance to ans
wer an Indictment for alleged violation
of that act, he esteemed it his duty to
giveto the jury his interpret ltion of the
law.
He said that it had been charged
that this law was unconstitutional be-
cause it made a discrimination in favor
of one class of citizens. From q care
iul and laborious examination of the
act, and an application of the legal
rules of construction, he was clearly of
the opinion that that objection was I'M
tenabIe. TIE act makes no discrimina.
ton bct,ceen citizens. 1t simply provided
for enforcing the " right of TIE citizens
of the United States to vote in the sew
eral States of this Union" and pre-
scribed the penalties for a refusal on
the part of any person to allow them to
exercise that right All persons born
in the United States and who live and
reside therein, whether white or col
ored, are citizens of the United States,
as well as are all persons properly nat
uralized; and all these persons, who
are otherwise qualified, are entitled to
vote; and by the LIST and % sections Of
the act, all who are, by the laws OF the
State, qualified to vote, are secured and
protected IN the exercise Of that right,
whether they be white or black, and any
officer Of registration who refuses, or
knowingly neglects to register any citi-
izen who is properly qualified to vote,
is guilty of a misdemeanor, for which
he may be indicted, and is also liable to
the party aggrieved in civil action.
The Fourteenth Amendment declares
that mo citizen shall be denied the
equal protection of the law" and itmust
be conceded that under this provision
white men are included, and if we con-
strue this act to apply only to colored
men, it would be palpable violation
of the provision have referred to, But
the act was not intended, nor does it
discriminate for or against any class OF
citizens. Its language is broad, COM
prehensive and explicit, and applies TO