Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-09-07


history of our city. Over three years ago
he was impeached by, bitter and rsncor-
Gus party. and removed from the same Of.
fee. His recent reSelection to the Office by
the people is triumphant vindication Of the
man and a signal rebuke to the motives OF
those who SO ruthlessly assailed M then.
Yesterday was the opening of Judge Fra
Tiers first court since his re~election. His
charge to the grand jury was one Of the
ablest and most elaborate we ever heard
We publish the following portions of the
charge, feeling sure that it will be read
with very general interest: - r.
Gentlemen of the grand jury, it is known
to all that / discharged the duties of the
Office 1 now hold from January, 1864, till
May, 1867 when l was impeached, and re-
moved from the same; and was by said
sentence disqualified from ever again hold
ing Office in Tennessee. Alone, as I think,
for having fearlessly discharged my duty, in
opposition to the will and dictation of the
party then in power-that the present
Legislature and the late Constitutional
Convention promptly and generously re-
lieved me from all disability imposed by
said impeachment. And on the 4th of Au-
gust last, by fair majority of the votes of
Davidson and Rutherford counties, / was
elected and replaced in the position from
which had been 80 upjustly deposed, thus
rebuking said acts of tyranny sndinjustice,
and fully and triumphantly indicating me
from all consure and reproach. And for
their kindness, generosity and confidence,
must be permitted here publicly to ex-
press my deep and lasting gratitude and
thanks, aud TO pledge my utmostendeavors
to merit the confidence they have reposed.
And now, gentlemen, although political
and civil liberty has been in good degree
restored to our beloved State, and although
peace and prosperity is beginning to show
their genial influence upon the land, still
the marks of the terrible revolution
through which we have lately passed, and
distinctly visible not only in the wasted
and impoverished condition of the country,
but in the greatly demoralized condition of
civil society, as evidenced by the daily
records of crime throughout the land. For
the restoration Of the material prosperity OF
the country, the industrious farmer, the
merchant, the artist and the mechanic are
looked TO with hope and confidence. But
for the suppression of crime, and the con-
sequent peace and good order of society,
the courts of justice and the jurors of the
county are in great degree responsible.
Ia every well regulated community crime
is punished by law, not because it is desi
rable that punishment should be inflicted
Oh the citizen, but alone for the purpose of
prosecuting crime, and experience has fully
demonstrated that it is not the severity of
the punishment, but the certainty of its
inhiction that deters men from the commits
sion of crime Men seldom commit crime
with the full expectation of being punished
for it; they usually, and perhaps always eI-
poet to escape punishment, either from the
secrecy with which the crime is committed,
or the negligence and inattention of courts
and jurors, or their known sympathy with,
and eonnivance at crime, or their leniency
and natural dislike to infiict punishment
upon their fellow-men.
Hence courts and juries are called upon,
by the most solemn dictates of duty, by
their respect for the peace, happiness and
prosperity of the community, as well as
their instructive dislike to infiict punish
ments, to suffer no crimes or violations of
law to go UNPUBLISHED, for every crime
committed that escapes punishment, op-
crates certainly and surely as a license
for the commission of many more. Then
it is almost certain that if courts and iuries
would promptly and fearlessly discharge
their whole duty, and see that pun
ishment was inflicted upon every
crime committed not vindictively or
even severely but certainly, crime
would surely and rapidly diminish
and the infection Of punishment would
soon cease to be a necessity. The courts
and juries would then command the awe
and respect of the community, and would
be indeed. as they always should be, a
shield for the protection of innocence and
virtue, and only terror to the evil dOer.
To assist in the discharge of these
high and responsible duties, you, gontle-
men, have been carefully selected from the
various parts Of the county, on account of
your known intelligence, honesty and in
tegrity.
BY the constitution and laws of the
State, no person can be called to answer
for any capital or infamous crime Except
in few instances) unless upon present
ment or indictment, found by a grand
ury.
For this and other reasons that might be
named, it is manifest that a grand jury
constitutes a most important part of our
judicial system; it is through their instru-
mentality that criminal acts can be brought
to the notice of the court and that offend
ers against the law can be arraigaed and
tried Then, surely, you cannot too highly
ties which devolve upon you as grand ju-
rors. The oath which you have just taken
points out your duties with peculiar per-
spicuity. "You are diligently to inquire
and true presentment make Of all such
matters and things as may be given you in
charge or otherwise come to your knowl-
edge" That is, you are diligently to in
quire into tho circumstances of every
charge which may be presented for your
consideration. The oredibility of the wit
nesses who support it, and from all the
circumstances to judge and determine
whether the person accused ought to be
put upon his trial or not; and IN making
this inquiry and determination, your high
est and only aim should be honestly and
faithfully TO promote the ends of public
Justice, and to accomplish this effectually,
it is indispensable that your minds should
be Invested of every bias which might be
calculated to peTyert or mislead your judg-
ments, uninhuenced by the pressure of
any and all popular excitement, or the al
lurements of gain, or the still baser notions
of partisan favor or personal prejudice.
And without fear, favor or affection, you
Will, | doubt not, enter upon your deliber
stions determined TO do your whole duty as
jurors; bearing in mind that notwithstsnd
ing 1t Is the peculiar duty of grand jurors
to discover and bring to trial all Who may |
have violated the criminal laws of the
State, yet that it is no less their duty to
protect the innocent from all unbound d
and malicious prosecutions To attain the
end desired, it will be highly proper fo
you, when investigating any charge that
may be presented for your action, to hear |
AL the testimony that may be offered by the !
State, calculated to throw light upon the T,
accusation, whether tending to show the
q nit or the innocence of the accused tn |
evidence should, in every instance, be le-
gal and competent testimony; it should be |,
in it's nature the best of which the case ad- |
mits, and should always be given on oath. !
Aud finally, in any case, the proof should /
be such as to convince the minds of the
jury of the guilt of the party accused, be-
fore you should make presentment.
Having thus briefly adverted to the i'm
81 INV wall donna