The Cairo daily bulletin. (Cairo, Ill.) 1870-1872, 1870-04-30
GRAND JURIES.
SPEECH or HON. w. j. ALLEN.

~
We copy below, from tho Register the
speech of the Hon. w. j. Allen, made in
.he Constitutional Convention, against the
tyranical and outrageous grand jury sys-
tenn of the State. 1t will be endorsed by
every person who Is not fogy OF the UNI
redcemable kind:
Mr. Allen, of Tiisxander Mr.. Presi-
dent: Ofcoursr, Iiis Is no new question
to any lawyer | have thought of it for
years, and have opinions, honestly enter
taincd however enormous they may be
deemed by members of the convention. !
regard this grand jury system as the one
dark spot upon our glorious judicial sys.
TEN rs u relic of the Star Chamber, as a
welldchBcd adjunct of the old lnquisito-
rial order that prevailed for so great a
length of time in the Old World. In my
opinion. no public good Is subservcd by re-
tanning it. The object of criminal law is
to punish the guilty, but while Furnishing
the guilty, TO give all persons charged, an
opportunity Of appearing, confronting
their witnesses, and having their charge
investigated and passed upon by jury Of
their country.
The grand jury system prejudges the in
dicted party's case. 1t is regarded BY
many persons, and always so insisted upon
by states Attorneys, as prina Jacie eviIs
dcnce of guilt, that grand jury shall have
returned an indictment against AN individ-
ual. What Is the mode Of procedure In
this secret, and often ignorant and pre-
JUDGED organizationi The foreman 10
sworn and instructed, Independent Of his
oath TO hear evidence upon one side only;
thus making the body of which he is the
head, the receptacle of malice, ill-will,
and bad feelings, and dcpriving the &C.
cused. however innocent of any right TO
appeal and he heard by bis witness, or put
in defence. He has no say in
tina, court; but his reputation,
independent of his liberty and property,
i, passed upon, and judgement rendered
10 the extent of making him give bail or
b. imprisoned. However honest a grand
jury may be, yet, acting under the oath of
their foreman, TO which they all have to
subscribe, and the instruction If the court,
they cannot call any witnesses TO manifest
the innocence Of the accused. Look Mt
Il in a practical point Of view. 1t Is ex-
pcnsive independent OF being wrong in it,
self. II cripples the courts IN the prompt
and proper discharge of business. Persons
pervisors Of public roads; persons cha rged
with violating the liquor law, or for any
of the enumerated misdemcanors, cannot
bc summoned upon information before
the proper officer and have trial
ut once; but this Star Chamber
proceeding must be gone through with
The witnesses may come from ali parts of
the country, and remain for days, to testify
~ TO whether A or Is has violated any
law, or committed any misdemcsnor.
The case, after bill ofindictmcnt Is found,
may, on application Of the States Attor-
new be continued to the next term; aud
those witnesses were required to appear ut
two terms.
What is the history and object Of this
grand jury system, will not now go into
n discussion Of. IL was Thought 10 DO jus.
iiiablc when first immitated. Lord Tur.
low whatever may DO said against his
honesty, and not much against his ability
said that the plea for the system wa.
never satisfactory to him. Yet, admitting
there was satisfactory excuse for On the
ground of kindly interference, that excuse
has passed away, and does not exist in
this country, where We have, ms yet, no
Kings. When man has been guilty of a
crime, prefer information against him
charge him with III tell him what he ha'
been guilty of; summon him, telling
him 10 bring his witnesses, and he shall
have fair trial, and there will be nothing
10 complain Of DO not compel him Il
meet prip,a focic case gotten up before
II secret council organized TO find indici'
ments; organized not for tho purpose OF
seeing the laws were executed, but 10 In.
diet individuals in the country, without
r..,.rd a., ,Intr .,uilt .r inpn.auna Th,