The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1878-03-14
THE VALLEY VIRGINIAN
sTAUNTON, VIRGINIA.
Judge Rives' Charge to the Grand Jury

Judge Rives' Charge to the Grand Jury
The following is the full text of the
charge of his Honor, Judge Rives, to the
grand jury of the U. S. District Court,
which met in Danvile on the Goth. 1t is ar
able paper and will be read with interest
especially by the legal fraternity
JUDGE RIvEs' CHARGE,
Jurors to serve in this court must possess the
qualifications and be entitled to the exemptions
prescribed by the state laws, They are required
to be designated by lot in conformity. as 1ar as
practicable, with the state practice. Such has
been the mode OF your selection under the rule
OF this court It your panel ifom any
terest, or designed to accomplish any particular
end. 1t places you on an elevated plane 1aI
above the sway of private feuds and the aims OF
malice, prejudice or favor.
You are no sooner empanelled than you are
separated from your fellow citizens ana SET apart
for the discharge of your delicate duties under
the protection of laws, jealous to preserve the
sanctity OF your deliberations and guard you
against all extraneous influence or pressure. 1t
is a grave offence, which am sure you will not
be slow to resent. to endeavor corruptly, or Dy
threats or by force to influence, int1m1date OF
obstruct you in the discharge OF your special
duties or, by like means, to impede Inc general
administration OF Justice in this court so, any
person, who attempts to influence you IN your YOU
of you any letter or communication IN prlntlng
or writing touching any matter before you. with
imprisonment, or both at the discretion OF the
court, In the same way the Omcer VINO serves
your process and the witnesses. whom you
cause to be summoned before you, are under,
the protection of the law. which denounces pen
alties against any one who corruptly or by in
limitation seeks to obstruct the one or to In
fiuence or impede the other in the discharge OF
their respective duties. Thus you see, gentle
men, that henceforth you, your offcers. and Wit
nesses for the purposes OF your inquest, are as
tinctly put under the Danoply of the laws l adj
minister and that it is for you. upon the frs
infraction of these laws. to demand OF me THEFT
enforcement. unlike the practice ins the stair
courts, you will be attended by the district ate
torney or his assistant for the purpose OF direct
ance or violation it is your province TO enquire
They are numerous and intricate, and such as
will suggest to you the propriety OF INVOKING tne
professional skill and experience which the gov
eminent thus places at your service Tor purposes
of legal Interpretation and guidance. Besides,
it is essential in many cases that the attorney
should himself hear the testimony, to be thereby
better qualified to frame the indictments which
he may have to submit to you.
There is another diSSlmilar1ty between me
practice here and in the state courts. You, Mr.
Foreman, instead of the clerk, will administer
body, therefore, is specially fitted to conduct
your enquiries with the secrecy demanded by
your oaths and the freedom from outside pres
sure, due to the dignity, responsibility, ana IN
fluence of your findings.
You are necessarily an accusatory body. You
cannot hear the Ihe chafse 9hy
it is your duty to scan this ex-parte testimony ;
to ascertain its sutfcency and especially to sat
spawn of malice nor that it is sought in this
way to make you the vehicle OF conducting pri-
yae squabbles Your sphere d Is 91g4 4in one re-
majesty of the law and not to pursue personal
ends in the arlaignment OF individuals for acts
not clearly criminal On the other hand, no sent
iment of favor, no feeling of sympathy, no tie OF
friendship is to restrain you from the fearless
and impartial detection and exposure OF crime,
md In
discharge of your duties, according to the spirit
of this Injunction, you cannot fail to help the
CONSEQUENCES. and entitle yourselves to the
thanks of the court and the public.
By the 9Th article of the amendments to the
constitution of the United States, no person can
ordinarily be held to answer for any capital or
other infamous offence except on the present.
ment or indictment OF grand jury. This Ian
state laws but not defined by the United states
statutes. except where the special enactment
felony. While, therefore, we must in felonies
commence only through:a grand jury, We are by
no means forbidden the same resort IN me lesser
ton here, much prefer the agency OF grand
jury to the proceeding by way OF information,
in the initiation Il criminal prosecutions. IL
may at first seem more expensive; but in the
end its effect in the repression OF crime, and the
establishment OF public morals, would counter,
the district attorney the delicate responsibility
of acting on the testimony OF informers. The
through the scrutiny. experience and knowledge.
of this high inquest, is not to be leoparded, IN
my opinion, by the consideration OF palfry saw.
ing to the public treasury trust no cutlery OF
economy or retrenchment will ever so hamper the
administration of justice IN these courts as to re-
quire them to disregard the spirit OF this con-
stitutional amendment and the practice OF our
state.
Hence, then, gentlemen, the range Of your in
designations on this occasion, extends to the
whole penal code OF the United StateS-aS well
misdemeanors as felonies: But it is restricted
ton OF common law OF state offences the war
rant OF your finding must rest on the positive
terms of some statute Of the United States.
the direction of the district attorney, the laws OF
congress defining crimes, These laws for the
most part are compiled under title Xxx of the
revised statutes, and are classified under heads
respectively, OF crimes against the existence OF
government; against Justice; against the opera
duct and finally against the elective franchise
and civil rights of citizens. You will perceive,
wherever the nature OF our federal government
states, it employs agencies OF It's own. and while
acting on the citizens of the states in their indi
vidual capacities, and exacting OF them obedience.
takes care to protect itself and the people against
every form OF malfeasance and corruption OF its
officers. Every department OF It's service IS SUB
in for it's share OF penalties, devised as sare-
guards OF the due and upright administration
of Justice. From the Judge on the bench 10 the
commissioner who issues warrants OF arrest and
the marshal who executes them. there is no form
of wrong or corruption that nag not peen lore e.
the statutes to which have invited your atten-
ton. .
difficultto imagine how innocent persons can be
harassed without the commission by some per-
son of the crime OF perjury, or subornat1on OF
perjury, or culpable neglecG OF the arfestlhg
magistrate.
United States, while its officers are duly guarded
and protected in the exercise OF their official du
ties they are exposed to heavy penalties Tor
statutory malfeasances,-such as extortion, re-
ceiving brides. or presents, fraudulent receipts,
unlawful use deposit OF pubic moneys, en-
BESIDES. good faith is vigorously exacted of all
these officials and other accountants with the
treasury in the rendition OF their accounts. Any
person making or presenting any claim upon the
fictitious, OF fraudulent !; or using in support
OF such claim any false bill, receipt, voucher,
roll, account, claim certificate, affidavit, or depo-
sitIon knowing the same to contain any fraudu-
lent or fictitious statement or entry or entering
into any agreement, combination or conspiracy
to defraud the government by obtaining or en-
OF such false or fraudulent claim, &c., incurs
plainly the penalties OF the law.
guilty knowledge Of its falsity, is the essence Of
this offence. A claim, or account, however raise
not Of tse he I'M you musa
clear knowledge of its falsity, and therefore, an
| intent to defraud.
There are two other branches of the federal
| service, which may be worth your investigation
| mean the national banks and the postal service
In respect to the former, their notes. which con-
stitute, in part, our currency, are adequately Sc
cured no loss is likely to occur and, so far as
| know, none has ever occurred from that guar
ter. But the deposits and other means OF these
banks, may be jeoparded by mismanagemet OF
| corruption of the officers and, hence, yous.wll
| find ample provisions OF law to repress and pun
| ish all such misconduct.
| The interests and business OF society are SC
closely allied with the due administration OF the
postal laws, am sure. you need no special charge
| from me to stimulate you to an inquiry into the
| management and conduct OF the afalrS OF the
| postottices throughout your district,
| This summary of official crimes, will serve to
| direct your examination into the state OF the
various branches of the federal service in youl
midst. 1t is not enough that this corps OF OF,
fcers is subject to the supervision, control and
| removal of the Executive the laws bring to Its
aid at stated periods, the scrutiny OF your tribu
nal the citizen as well as the government. IS IN
terested in the upright conduct OF public AFFAIRS
and it is for you to do your part in the Vlndlca
| ton of the laws from the violations, that Char
lenge your presentment.
| From these Investigations you will naturally
| pass to an enquiry into the state OF your DIS
| trict respecting the observance OF dlsoDedl
ence OF the United States laws by the private CIT
| liens thereof. The laws affecting them, Tor the
most part, are the revenue laws. 1t is needless
| to say how greatly the government depends upon
the rigid enforcement OF these laws. It's reve
nue. is largely derived from manufactured toDac
co and spirits-articles you must allow OF luxu
| and specially shifted. therefore, Tor subjects