Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1874-12-08
The TOliver Ease Judge Hoge's
Charge to tho Grand Jury.
From the Martinsburg statesman.l


The present being the fret term of the cir
cut court of Berkeley since the execution of
John Toliver, there was some curiosity to know
what action the Court and Grand Jury would
take in reference to that event. The extract
frow Judge Hoge's charge, which we print
below. will show very plainly what views are
entertained BY his Honor and we are salts
fed that they meet ths approval of all refec>
ting citizens in the community. OF course,
no action was taken by the Graud Jury. The
following is that portion. of Judge Hoge's
charge which refers TO this subject:
Il am not at liberty to close the charge
which | am required by the statute to deliver
to the Graud Jury, at each term of the court,
without advcrting to another subject of ex>
traordinary character. A recent event in
this community, although not known judicially
here is of such wids spread notoriety that it
would be the merest uhectation to ignone its
occurrence. Il has, in fact, already become
. part of the public history OF the county
and State.
A judgment of this court, at its last term
suspended by the authority OF . superior
tribunai-hae been executed by other agencies
than those which the law prescribes and ap-
points for the execution of its DEGREES What
these agencies were, or to what extract they
were constituted by the action of citizens of
this county is unknown. and. probably, will
remain unknown, whatever judicial inquiry
may be instituted.
1t is understood however, that large nuns
Der of persons, usually controlled by that re-
gard TOR law and order so characteristic of the
people OF Berkeley. convinced of the guilt Of
prisoner who had been convicted of fears
tul crime. and believing thar the example of
his punishment was essential to the welfare of
the community. became impatient of the delay
occasioned by the intcrposition of the Appel
late Court. Without respect for the para
mount authority of that tribunal, and in utter
defiance of the law of the land, they carried
into eject the sentence of death, which had
been pronounced from this bench.
This action, unfortunately. is not without
many terrible precedents in both the earlier
and ul"re recent history of the country
Compared with the circumstances attending
most OF them. with which we are familiar, it
was less marked by violence or excitement
tor they. who took upon themselves the Office
0f exccutnnerS OF the laws sentence, did not
uSurp the jurisdiction OF this court or invade
the province OF its jury; nor, does it appear
that they added to this one act any further
deed OF lawlcssness. These facts, however,
do not change the character Of their offence.
That offence, am bound to say to you,
was one which, because Of its magnitude, il
will be difficult To make the subject of inves-
tgari"n OF fully by punishment Yet, in that
very magnitude of offence lie the germs OF
most serious danger to the community.
WhOever cOmprehends the origin and his
tory of our social system knows that its foun
dation rests upon the submission of its indi
vidual members to the power OF Government
IA power established by themselves as a COM
mon agent to promote the common welfare
and p O'ect the common interest. Out OF this
surrender of individual rights has grown our
whole syetem OF administrative justice. From
vt have sprung those rules Of human conduct
which, written or unwritten. are comprised in
the single phrase-The Law. In all civilized
communities the Law, alone establishes the
machinery. by which those who violate it shall
be tried, and prrscrbes the mode by which
the measure of their crime shall be ascertaned
and its penalties inflicted. TO resist the law
is tn strike ut the institutions of social order
and stability. t" assume the functions of the
law, without its authority and direction, is to
disoreanize society and invite that inevitable
result of ACKNOWLEDGEMENTS anarchy.
These general principles are so familiar that
n" special application need be made of them
here; hut it is proper for me to add, in con
clu'iicg, what have deemed it my duty to
say upon this subject that an act of this char
scter-wharever was its supposed justification
however true it may be that law abiding
citizens have recognized it's necessity-was
none the less dangerous violation of the dig
nifty and sanctitv of social law 1t has become
and must remain. forever, precedent to which
thare A. !
Of law and resistance to authority, at some
future period. when vigorous enforcement of
tn" laws and the maintenance of organized au-
thority will be the only shields of protection
t" lite, liberty and property in our midst
Let Us. then, not OILY hone, but let it,be the
pnrpose of all right thinking men, that this
startling event, in the experience of our own
day. shall have no sequel in all the future his
tory of our county"