The Fairfield herald. [volume] (Winnsboro, S.C.) 1849-1876, 1876-03-01

ESedk
his charge to tho grdnd.july at the
plast tbrh i6f HIS court for Fairfield
This is, indeed, most rational view.
If the grand Jury is bound to follow
the instructions of the Judge or of
any person whomsoever, upon q
question Of fact-of probable guilt
or Observation-Disclosures to them,
it cloarly follows that the jury 'as a
constituent element of the court, has
lost it's distinctive character, and it's
powers arc al more or less surren-
dered to the court If II grand jury
may be rebuked and discharged for
n fail,re to find u bill in any givon
case, it seems to us equally clear that
they may bo similarly treated for
submitting true bill ~a E,r present
ing public ON Ger Fer off cia1 m.is
conduct. in thc &no case the rep
''imand is administered pro.
fcsscdly in the interest of the sdate
and in the other in the interest
OF tho accused: : tho cases would
! strike us rs perfectly analogous A
! chief source of the efficiency of n
grand jury lies in it's independence.
Once let this freedom of action be
impaired, onco let grand jury feel
its >s'ncnability to the Judge for ro
tt'fhdsg or failing to return u bill,
once let q grand juror labor under
tho apprehension of robuke from
the coNrt For an alleged failure to
perform his sworn. duty, and this nll
Important braheh of tho machinery
Of justice is st,SA,pod of its original
power stripped of its efficiency,
stripped of it's dignity sssd honor
Losing these or any of these, it for
feits that rcspec', nay TINT absolute
fcar> in which it should So held by
n commuHity And we a,x, without
hesitation in saying that to l~loukc
grand jury for pursuing a certain
course or to discharge it before
it has fulfilled its legal duties,
is to ..Rtrip III almost entirely of
those essentials. We are equally
without hesitation in affirming our
belief that Judge NIncl1cy's course
was totally unnecessary under the
circumstances VIC havo been able to
gather of tho worry unfortunate oc
currc,,cr Mt Lancaster. 1t was eal
cllatcd to dc no good WhatGec,> and
It is in its mt'iral and le,gicnl ten
denotes dangerous alike to poace, to
Justice and TO personal liberty. We
join with the Ledger in the hope
that the Judge will como to sec the
mistake int" which ho has fallen,
and do what he can to rcctify it,
Wo deem it almost needless to add
that III the remarks nbovu madp we
have boeh actuatod by no feeling
othor than n dtslrn to t'rtsant the
truth, aa wo haVo been ablo to gather
it, and to mako III enrnost but re-
spcctful protestagainst tho action to
which we hnvo referred. It must
have been observed, evor since
Judge AIackoy assumed tho hunch of
this circuit. That it has bccn.tho aim
OF this paper to do him tho fullest
Justice. Coming among us fresh
from the heated arena of politics,
and always reported to bo man of
extreme views, it was but natural
that his every act, his every speech,
should be closely criticized. That ho
possesses ability of n very high order,
his warmost opponent must admit !;
that no has displayed much legal
talent on tho bench is equally true
and thnt he las during his judgoship
dono many acts both prnisoworthy
III themselves and promotivo Of the
public good, canhot be denied.
Having conceded and still conceding
to him nll this, having given him and
still giving him tho fullest crotlit for
it all, wo claim tho right to express
our viU"s whom ho appears, from tho
evidence Mt our command, to have
strayed from tho path Of judicial
propriety.
a Want Of Approximations
Those who have observed, with
any dogroo Of closonoss, tho action
s. 1>z