The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-10-26
THE CURT s..
xhs usw Elsotion Law Decentralization Of
The Registry Law-Hcw Grand Jnries
Grind Out Cause.-The yumel Estate Suit
Agsin--A Family Partnership: ~
An Alleged Forgery Case.
UNITED STATES CIRCUIT csusr-caIAIaAl BRANCH.
TAo New Election Law Ds1Sned--Cbarsc u
tho Grand Jary.

Before Judge Benedict
AT the opening OF the Circuit Court yesterday the
Grand Jury took their seats. when Judge Benedict
proceeded with his charge, the main points OF which
are subjotned. He seid:-
GENTLEMEN OF THE GRAND JuRy--in the ordinary
course Of judicial business you have been summoned
attend at Inc October term of this court Ia the ca
pacity OF Grand Jurors, and IL becomes my duty To
call your attention to some matters OF fact and or
law which IL Is necessary you should know You
have been organized under a foreman who will pre-
side at your deliberations, and is authorized By lazy
10 administer the OATH 10 the witnesses who may give
evidence before yon. IL will be your duty TO
examine INTO all cases OF violation OF the laws or the
united states WITHIN the Southern district OF the
State OF New York which may be brought 30 your
knowledge, and by your indictments 10 make Known
10 TINS Court what persons nave been guilty or
criminal offences against the United States. All
laws enacted by the Congress or ibe United States
are Within tue scope OF your inquiry; bus on TINS
occasion shall can attention TO such only as afect
those cases which have been oncially notified by
the District Attorney are to be laid before you.
Judge Benedict then called attention to The laws FOR
the protection oil life and property on the bSn seas
to tue Revenue law 10 the laws intended TO pro.
tect the currency Tie United States from forgery
and couuterleitlng ana proceeded 10 speak at engsh
win respect no ne Naturalization laws ard the laws
for the regulation OF elections. He said:-Gentlc-
men, next call your attention TO the laws Intended
10 regulate the naturalization OF aliens and the
prevention OF frauds IN such proceedings.
The only statute upon ibis subject necessary 20 be
considered Is . late one. allude 10 the act Of
August 4, 1870 BY virtue Of which all perures and
frauds committed In pfoeurln. false or fraudulent
naturalization papers nom any state whetaer state
states, and come within your jurisdiction.
rhe punshment is Imprisonment at hard labor FOR
period not less than one year nor more Than ave
years. or nhe not less than three hundred dollars
nor more than one Thousand dollars, or both.
Within the pnryiew Of the Statute are also
and all VINO advise, counsel or procure,
or attempt 10 procure The commission there
OF. The use knowingly OF any certificate OF natura-
zarion, whether heretofore grained or hereafter
TO be granted, which has been or snail be procured
through fraud or false evidence. or mas been Issued
IL "a ga a nj
III court, Is made an offence punishable
by fine not exceeding one thousand dol
years or both, Any one who shall hereafter
falsely represent himself to be citizen OF the Uni-
ted States without having been duly admitted TO
citizenship Tor any fraudulent purpose, is by this
statute punishable as an oLence against the United
states, NEXT can atasnLion 70 laws intended 10
box. Statutes OF tnIs class, like those OF other
classes already mentioned, were formerly found
upon the statute books or the state alone and were
therefore enforced IN the tribunals OF the State by the
state officers. They now stand upon the statute
books OF the United States are to be enforced the
national tribunals, and behind them Is the power or
the government OF the unlted STATES The statute Is
intended 10 protect the rights OF the citizens at the
ballot Dox-rlghts which must always be protected
by statutory elactments. AS 10 the wisdom OF cast
Tug upon t1e courts OF the United tates The duIy OF
enforcing laws oil this class do not speak for with
that question you have nothing TO DO. Questions re-
spectlng the force ana effect OF these enactments
may perhaps be raised, and &C proper time VIII |
be carefully considered by the Court and conscien- |
nously decided but for yonr action the plain words
fng offences under Tue statute were then enume.
aled, and the offences set forth attaching To each
BY virtue OF the twenty second section OF the act
you may consider the laws OF the State which de-
termine the duties of ofcers OF election at which
Representative in Congress shall be voted Tor. You
may therefore be required to examine into the |
method In which officers Of election discharge their
duties at such elecnons as are within the proper
scope OF the statute In ADDITION to the state officers
OF elections there United States officers, who are
charged with certain duties, and any neglect OF
duty their part should also be INQUIRED into. You
FL
GERS from moestation Ia tue discharge Of their
duties. Every person Ia liable TO Indictment by yen
who shall aid, counsel, procure or advise any per-
son, voter or officer 10 90 any act which Is by This
statute made q crime, OR 10 omit TO uo any duty
The omission OF which is by this act made crime.
In conclusion Judge Benedict Said:-I would not,
gentlemen, insult your intelligence by long attempt
10 convince you OF the Importance OF the statutes
which have committed into your charge. some OF
Them are necessary 10 the proper working OF the
machinery OF government; some o1 them indispen-
sable for the maintenance Of the public credit: some
OF them touch the very foundations OF Tree govern
ment. They are framed TO protect Fights which
must be protected n the government IS 10 endure
They apply 10 all citizens alike Ihey raise no quea
OF party OF party politics, for they involve
question vifal to all parties alike The question is NOT
party, but OF civil liberty. TO aid accord
ing to law the protection OF such great interests
you are now called. Dismiss all partisan feelings
from your minds and in your deliberations give no
sort or heed 10 private interests or TO political exi
gencies make no attempt to assume the functions
Of the Court and jury by trying the cases which
come before you, Dut at the same time, be certain
that they are sustained by reasonable priIna facia
fearless wltha and let the result OF your labors be
such as TO constitute new and favorable announce
menL 10 this community OF the solemn statement
that its welfare and It's peace depends upon an I'M
partial and firm enforcement oil the laws.
The Grand Jury then withdrew ana the court all
joUfned.