The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1877-09-05


If our people ever hold Constitution
al Convention for remodeling the organic
law of the State, the present Grand Jury
system would offer good opportunity
for reform. In view of the modern ia
cilities for arresting and OBTAINING Of
tenders; in view of the overwhelming
moral force, the name Of the law has ac-
quired through centuries Of law-enforc
ing government and through generations
of law-abiding people in fine, in view Of
the immense odds Of resource and power
which society can now bring to bear
against any and all offenders, there seems
to be no good reason for holding on to
the unfair and often iniq1itous advantage
which the grand jury system furnishes
When the facts are so patent to the
casual observer, it is unnecessary to cite
instances in which the present grand jury
system has been made an instrument Of
malignity and tyranny It's operatives,
under the Republican regime in the
Southern States, are conclusive. In
times not far remote, grand juries were
Systematically packed for the purpose
Of finding indictments against innocent
men for political ofenses and black
mailing. The District of Columbia
ring found indictments at the convenience
Of the prosecuting attor4ey and at the
pleasure Of his political patrons, without
regard to facts or justice. The fact is
and long has been plain to every thinking
man that no existing institution Is capa =,
BILE of such gross perversion to the ends
Of justice, if not of as is the secret and
er paTte 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
based upon en- parte testimony. We
need not trace the history Of the grand |
jury back to its origin in the primitive
jurisprudence of England, to show that !
it is remnant of disused and in many |
respects odious system Of law. When |
the grand jury was invented, so to speak, |
the facilities for arrest and detention Of
criminals were very slight compared to
what they are now. In those days occa-
sions were frequent when it became nee
essary for the law to get a good grip on
the malefactor before he knew it. 1t
was often necessary to protect informers
from the fury Of those against whom they
by concealing their identity.
The law itself was weaker then than it is
now, both as moral force to restrain
and as a material force to punish evil
doors Nowhere in those days could a
government exist purely by the consent
of the governed, and without any display
Of force or other agency Of terrorism by {
those governing.
Upon such social and political condi
ions the grand jury system took its rise.
An Indictment procured by a secret tri- t
ounal upon er porte testimony was simply !
IN advantage which society thought it. i
elf entitled to take at the outset, over
hose who warred or were supposed to
var against its peace and security. 1t
vas a sort Of first blow suddenly and
delivered by the law, in e
ociety before they were given any oppor q
unity to fight back in self defence. l.
)nce the grand jury was so organized as 0
o preclude, all defence and conceal all t
IS processes. One by one the peculiar S
eatures of old English jurisprudence ]
ave been destroyed or thrown into dis t
Sc by the advancing enlightenment and S
liberalism of the Anglo-Saxon race.
crime has been declared t
bsolete these many years. Cireumstan 9
al evidence, which was always in close s.
lliance with superstitution, is rapidly Il
)sing the convincing force it once had. p
,ut while these old fctions and tradi- 5
ons of English law are passing away, r
S most thoroughly characteristic institu r.
on, the grand jury, still exists in all its b
ncient importance and with all its old n
me absurdities. n
The reform we suggest is simple. Let il
he organic law declare that whenever Ct
man is informed against before grand 1
Try, he shall, on furnishing proper CT
ond to await its action, nave the right tt
, be represented before it by counsel, is
nd to introduce testimony to show why fC
e should not be indicted. If parties s.
formed against were confronted by W
leir accusers and the defence allowed a &C
caring before grand juries, fewer repu- b.
lions would be stabbed by assassins of ic
laracter, and fewer indictments would be
und against men who, after hardships
ID expense to themselves and heavy
st to the State, are acquitted in open of
ial before petit jurors. at
VI
Good nen for "a Good Cause, .
The Democrats are fortunate in the "