The Brookhaven ledger. (Brookhaven, Miss.) 1875-1883, 1877-09-13

DG WIN ENHsV"
If ever our people held q Constitu.
tional Convention, snys the Clarion,
for r~emodeling the organic law Of the
State, the present Grand Jury system
would offer q good opportunity for re-
form, IN view Of the modern facilities
for arresting aud OBTAINING offenders /;
ins view of the overwhelming moral
force, the name Of the law has acquired
through centuries Of law enforcing
government and through generations of
law-abiding people ; in fine, in view of
the immense aids of resource and pow
er which society can bring to bear
against any and oil offenders, there
seems to be no good reason for holding IN
to the unfair and ubiquitous advantages
which the grand jury system furnishes.
When the facts are so patent to the
casual observer, it is necessary to cite
in which the present grand jury system
hos been made an instrument Of malig-
nifty and tyranny. Its operatives, under
the republican regime in the Southern
States, are exclusive. III times not
very remote, grand inrios e sys-
tematically packed for the purpose OF
finding indictments against innocent
men for political Offences and blackmail-
ing. The District of Columbia ring
found indictments at the convenience
of the prosecuting attorney aud at the
pleasure Of his political patrons, with
ont regard to facts or Justice. Tho fact
is and has long been plain to ovory
thinking man that no existing institu-
tion'is capable Of such gross pcrversion
to the ends Of justice, if not AS is the
secret and &c parte institution Of the
grand jury.
The main fault Of the present grand
jury system is that it is a star chamber,
and that its findings are necessarily up
on ee parte testimony. We need not
trace the history Of the grand jury
back to its origin in the primitive juris'
prudence Of England, to show that il is
a remnant of a disused and in many
respects odious system of law. When
the grand Jury was invented, SO to
speak, the facilities for arrest and do
tcntl6n Of criminals were very slight
compared to what they are now. In
those days occasions wero frequent
when. it became necessary for the law
TO get a good grip OIL the molcfactol
before he knew it. 1t was necessary
to protect informers from the fury OF
those against whom they informed by
Ic~oncealinS their indemnity. The law it,
self WA weaker thon than it is now, but
as q moral force to RESTRAIN as n matters
nj force to punish cvil-docrs. Nowhere
in those lays could q government exist
purely by the consent OF the governed,
and without any display Of force or 9th
or agency Of terrorism by those governs
ing.
Upou such social aud political conli-
lions the grand jury system took its
rise. An indictment procured by a 80.
cret tribunal upon er pate testimony
was simply an advantage which a%ocict,
thought itself entitled to take at the
outset, over those who varied or were
supposed to war against its peace and
security. 1t was q sort Of first blow
suddenly and unexpectedly delivered by
law. in order 10 stun and confuse the
cncnicG or society boforU tney were
given IN opportunity to fight back in
eeH-dcicnce. Once the grand jury was
SO organized as to preclude all defence
and conceal all lts processes. One By
one the peculiar features of old EnglislI
jurisprudence have been destroyed OF
thrown into disuse Wy the advancing
enlightenment and liberalism Of The
| Auglo Saxon race. Constructive crime
has been declared obsolete these many
years. OircuElstantial evidence, which
was always in close alliance with supor,
%stition, is rapidly losing the convincing
force it once had. But whilo those ole
~letions and traditions OF English law
are passing away, its most thorough
| characteristic institution, the grand iu
~, still exists in al its ancient import
anco and with its old time absurditios.
The reform we suggest, continues
the ClorjOn, is, to lot the organic Law
declare that whenever q mar is inform
oil against before a grand jury, he shall
on furnishing proper bond to await iti
action, have the right to be represent
cd before it by counsel, and to intro
duce testimony to show why he should
not be indicted. II parties informed
against woro confronted by their accus'
ora and defence allowed a hearing be.
fore grand iuries, fewer regulations
would be stabbed by assassins of char
actor, and fewer indictments would bs
found against men. who after hsrdshipf
and expense to themselves and heavy
cost TO the State, are acquitted in open
trial before petit jurors.
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The Revival OF Trade.
The evidences in regard to the im'