National Republican., 1881-10-31

nllll' anu lnls, says bub LtH'o, |
would never do. The accused must not
know of what he is accused. Let any
body be indicted against whom William
A. Cook or his master, MacVeagh, has
grudge. Ifthc TJmcs's correspondent has
slandored anybody, let the slandered per-
son be indicted. If Gibson and Kinds
have been refused any demands, let the
thunderbolt of an indictment blast the
penurious and daring objects Of their
righteous wrath.
The insolcnt spirit and the corrupt and
criminal methods with which MacVeagh
and his creatures approach the business
of dealing in court with men charged with
oilenses against the Government are such
as have nevcrbeen known in America, and
not in England since the flight Of James
the Second, nearly two hundred years ago.
With the guilt or innocence of any ac-
cused personwe have nothing to do. Such
questions are for the courts only. To fan
the flames of popular excitement against
them in the newspapers is to stab Justice
and TO assassinate Liberty. In order that
all who read this may know that grand
juries are not the hired bravos of turbu-
lent and vindictive people like MacVcagh,
or of mercenaries like his satellites, we
quote some good law on the subject The
| following are extracts from a charge to
the grand jury in the Circuit Court of the
| Uuited States, delivered in 1872 by Mr..
Justice Field, of the United States Su-
premc Court, presiding in that circuit:
In this country, from the popular character Of
our institutions, there has seldom been any con-
test between the Government and the citizen
which required the existence of the graud jury as
a protection against oppressive action Of the Gov
| ernment. Yet the institution was adopted IN this
country, and is continued from considerations
similar to those which give to II its chief value In
| England and Is designed MS u means, not only Of
bringing to trial persons accused ofpublic ocnscs
upon just grounds, but also II means of protect
| ing the citizen against unfounded accusation,
whether IL comes from the Government or be
prompted by partisan passion or private enmity.
From these observations 1t will be seen,
gentlemen. that there is u double duty cast upon
you Ms grand jurors of this District; one duty to
the Government, or, more properly speaking, to So
cey to see that parties against whom there is just
ground to charge the commission OF crime shall
be held to answer the charge; and on the other
Dunu, u uuly 10 ClllEcn 10 sue luht Hc IL uOJ
subjected TO prosecution upon accusations having
no batter foundation than public oldmor or private
mdiicC. The Government has appointed the
District Attorney to represent its interest
in the prosecution of parties charged
with the commission of public oilenses
against the laws of the United States. lie will,
therefore, appear before you aud present the accu-
satons which the Government may desire to have
considered by you lie will point out TO you the
no, tN1 hnp,,
violated, and will subpoena for your examination
such witnesses rs he may consider important, and
also such other witnesses rs you may direct. II
your investigations you will Eecsiye only tegdl cut
'-o''ss, mere reports suSpIsGa..-
and hcarsay evidence. Subject TO this qu0lilca
ton, you will receive all the evidence presented
which may throw light upon the matter unde
consideration, whether II tend to establish tn,
innocence or the guilt of the accused And more
IT, In the course of your inquiries you have reason
TO believe that there is other evidence not pre-
sented to you within your reach, which woulC
qualify or explain away the charge under investi
gution IL will be your duty TO order such evidence
to be produced. Formerly, 1t was held that an in
dictmcnt might be found If evidence were pro
duced sufficient TO render the truth of the chdrg
probdlle. But n different and more Just ant
merciful rule now prevails. To justify the lndn
of nm Indictment you must be convinced, so far Il
the evidence before you goes that the accused 1
guilty-in other words yOu ought not 10 dnd an IN
dctmcm URicSa IN your judTncEt the evidence bcfor
yOu unexplained and uHcoRtrddicted, iCOiud icdrTdl
a conrictioR jyG paR Jjttry 4 Some of you
also may have personal knowledge of the com
mission Of public ofIense against the laws f tn
United States or of facts which tend to show tina
such an Oilcnse has been committed, or possibl
attempts may be made TO influence couuptly o
improperly your action rs grand jurors. If yo
are personally possessed Of such knowledge yo
! should disclose 1t TO your associates, and If an
attempts to influence your action corruptly or im
properly are made you should inform them of
also, and they will act upon the information thu
comm uncated as If presented to them in the iirs
I instance by the District Attorney. 70
, will not allow private prosecutors ointrude them
selves into your presence and present accusation,
Generally such parties are nctuatcd by privat
cnmity, and seek merely the qualification of thei
personal malice. We have been led, gen
tlcmen, to give these instructions upon the natur
of your duties aud the limits to the sphere of you
Investigations, because an impression widely pre-
, walls that the institution of the grand jury ha
ouLlived its usefulness, an impression which ha
been created from n disregard of those limits, am
the cllity with which II has, unfortunately, ofte
been used as an instrument for the eradication
prirdte malice,
, To guard against any interference witt
grand jurors, either to procure or preven
indictments, Congress has enacted Law
containing the following provision:
If any person or persons shall attempt TO in
luence the action or decision of any grand or pet
juror upon any issue or matter pending belor
such juror, or before the jury of which he is
member or pertaining to his or their duties, b
writing or sending to him any letter or letters Q
any communication in print or in writing in rela
ton to such issue or matter without the order pre-
E viously obtained of the court before which tn
said juror Is summoned, such person or persons S
offending shall be deemed guilty Of u misde
meanor and shall be liable to prosecution thereto
, by indictment or information, and shall, on con
! viction thereof be punished by fine not eXceedln
. $1,000, or by imprisonment not exceeding 81
+ months or by both such fine aud imprisonmer
according TO the aggrayatiOn Of the oifense.-Rt
riseti Statutes, Sees, 5lOi.5,
There are admonitions in the foregoin
which, if needed, may save the prosecl
tors from prosecution,
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s A Worldly View OF the New Yor