The New York herald., 1875-08-31
THE NSURGENT BLACKS.
Judge HerSchel V. JOhnsOn'S Charge
to the Grand Jury.
A REMARKABLE ADDRESS.
Telling Cautions Against Prejudice
and Color Bias.
TESSvlLLE, Ga, August 80, 1875.

TENNv1LLE, Ga, August 80, 1875.
The Special Term of the Washington Superior Court,
to pass upon the negroes in Jail under charges of
insurrcctionary offences opened here to-day Judge
Herschel V. johnson presiding
CHARGE.
His charge TO tho Grand Jury opens by saying that
having been properly advised of plot of instruction,
conceived and formed by portion Of the blacks for the
ndiscrimnate murder of the white people in this
and other counties, he had ordered Special
Term, under tho law, for a full investigation,
and the trial OF those indicted if any. He then gives
the legal definition of insurrection and attempt to in
cite nsurrecton in Georgia, and charges particularly
that no indictments must be found suspicion rumor
hearsay, and that the legal presumption that every
man is innocent until proven guilty must be borne in
mind He then enters largely into the law of evidence
direct circumstantial and presumptivc and concludes
as follows
'And now, gentlemen will submit to you few
marks in relation to the spirit and temper which you
should conduct your investigation The phraseology of
the oath you have just taken is preg-
nant with instruction. You have sworn that you
will not present any from envy, hatred or malice
nor leave any unpresented from fear favor or re-
ward, tho hope thereof but that you will present
all things truly and they come to your knowledge
This applies well to your finding indictments as to
language addresses your moral sense and binds your
conscience to the throne of eternal justice while by it
you call upon the Supreme Being witness the solemn
obligation into which you have entered Then
tho spirit that should animate you is that
OF strict impartiality and fearlessness ordi-
narily this admoniton would perhaps be deemed
Unnecessary but the circumstances which have brought
together we'll calculated TO excite the indignation
OF the most prudent and selfpossessed. 1t impos
sibe to contemplate with compacency plot for whole
SALE indiscrimnatc and murder of one race by
part OF the other race, which two constitute the ee
ments Of one social organizatIon is difficult to sup
press feeling OF vindictive revenge against those
charged with thus plotting boodshed and slaughter
But you and l here in judicial
capacity to administer justice according to law,
and not according to human passion We must not per-
init ourselves TO be swayed in conduct by any angry
impulse however natural, nor our judgments TO be
warped by the rumors which have been circulated
in reference the alleged insurrecon We are sworn
TO impartiay consider TO expel from our
bosoms every feeling of hatred malice or revenge
We are sworn to be guided by the light of truth and
TO have concocted this plot of insurrecion are
colored people lately the slaves of the white
race; this fact Is calculated TO inlame the
Indignation Of the latter and intensity their
feelings of insecurity But we must watch our.
selves in this point-they free and entitled to fair
and impartial trial. The law throws both races
the same adequate protection. Nor is this any new
feature in code, 1t is not the fruit of emancipation
for even when they slaves they shielded bv
law, and could not be punished for violation of the
criminal code without fair and impartial and judicial
trial In this respect emancipation has conferred ON
them no new boon nor imposed upon the whites any
new obligations
Then, gentlemen in your investigation ignore the fact
that the accused are negroes ignore that they were
slaves deal with them free and If they were
whites and award to them their full legal rights Let IL
be conscientious resolve to afford them that is
those against whom, il any, you may find true bills
make prescntments a fair trial according that law
| of our State, to which all are alike amenable
| in every community, and, gentlemen, Washington
county is not an exception. There is considerable
number of men who, under circumstances like those
we are considering, are disposed to- adopt extreme
measures and some will so so far advocate
summary punishment irrespective of the forms and
principles of law Fortunately IN this instance and II
should be recorded the honor this county as well as
of all the other counties embraced in the supposed in
surrection, not a gun has been fired, not drop of
blood has been spilled, not an act of
cruelty or violence has been perpetrated by
those who were to be the victims of the
alleged plot Such forbearance under such circum-
stances s perhaps without parallel and it ought to
acquit MS Of the untrue and unkind mpuations by
those to whom the facts are not known. But gentle
men, am speaking of those among us if there be
SUCH who may feel impatient of tho restraints of law
and who would counsel extreme and summary action.
They may disapprove Of much that may be done here;
they may complain you should ignore bills OF ndct.
men that may be preferred or fail to present any who
are supposed to be implicated Remember that YOU are
to act without fear to disregard outside influence
and outside camor.
BE JUST AND PEAR NOT
Shrink not from duty; follow where truth and Justice
and law lead and time will vindicate your rectitude
and in the end your will receive unanimous an.
proval Duty mpartially performed mparts consola-
on more precious than rubies; but dsoyalty truth
and right leaves in the soul tinge which akin to the
second death There is another class of censors who
mpue the whole of this grave affair to the machina-
tons OF bad men who desire to bring about a collision
between the races that the whites may have pretext
for numbering the blacks. This is contra
dicted by the fact that throughout the whole
affair not act of violence has been
perpetrated against colored man. But do not audo
to this calumny Tor the purpose of refung it, The
vestigations on which you about to enter will show
whether not IL scheme concoctcd by white men for
any such mean and brutal purpose. But refer
admonish you not to be influenced by it in any way or
in any degree Let II not excite your prejudice against
the black race, incline you shape your action
with the view OF conciating such censors
BE firm and true 10 duty ignore every
consideration calculated TO divert you from the path Of
inlexble recttude The innocent should be prose.
cuted, much less punished, but the guilty take
consequences Of their conduct 1t is of the utmost i'm
portance that adhere to the law, follow the law con
form to the forms and the principles of tho law Tho
law Is sheet anchor. Its mission is 10 protect
property, lfo and liberty IL guards with flaming
mgls over the poor and the weak well the rich
and the mighty.
Without law anarchy and revolution must reign and
society recede to the darkness and cruelty of barbasm
It's supremacy must be recognized and maintained and
this implies not only its enforcement when violated but
obedience to wholesome laws is the very OF lib
erty and tho most distinguishing characteristic of
good citizen and their firm and impartial enforcement
when violated by free, pure and intelligent judiciary
is the very essence of good government Thus bowInr
before the majesty OF law let MS hold tho scales of us
tce with steady hand and unfaterng purpose
There were no further court proceedings to-day