The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1883-01-27
Grand Juries.

S5rdnu JuIleS'
rhore was atimc when the writ OF hobeds
corpus had for years been so little used IN
this country that there were no doubt In
the community many persons who regarded
n as Of little or no value. But when war
came, and unjust imprisonments followed
unjustifable arrests, because the officers OF
the law had been thrown OF their balance
BY excitement and prejudice and unreason-
inc hostility 10 the men OF the opposite
side In party politics, then the writ OF haoeaS
CORPUS was by many men, and women, too,
found 10 be all that saved them from near
ceration in fails and dungeons, and WIN
criminals Of the worst classes.
The advocates Of the abolition OF grand
turtles would learn the same lesson Ii they
were thrown into a community such as OK
isted in many parts OF this country during
the war between the States, or such rs eN-
lists now in some localities. The people Of
the southern States are not vet ready to DO
away with grand iuries. These are useiul
in siaying Of many an unjust prosecution
which would otherwise be commenced,
and thus in saving TO innocent people
much money and much time which would
otherwise be wasted. In the absence
Of a grand jury, the prosecuting attorney
would probably begin many prosecutions
which are now prevented by the action OF
the grand jury. Indeed, IL prosecuting
attorneys were always men OF judicial
minds, free from prejudice and capable OF
weighing fairly in every case the evidence
that might come before them, that fact
would not render ii unnecessary for them
70 have grand iuries 10 assist them, since
attorneys Of that sort would be the very
oxcs most kelly to consider it their duty to
prosecute many offenders whom grand
Jury would tell to go without day. But
where, a. is the case now in too many
OF the courts Of this free country,
prosecuting attorneys are appointed such
because they are active partisans, and not
because Of their qualifications, the propo-
sition 10 do away with grand iurles strikes
us as thoughtessly made, and made by
persons who have never been circum-
stanced as have been so many persons in
the southern section Of this Union for the
last seventeen or eighteen years.
No doubt, as is said, cuisines might
be expedited by dispensing with grand
iuries; but the eXpedting would often be
In the interests OF anything but justice.
star-chamber trials have gone out Of fash
iou. Trying, hanging, drawing, and quar-
tering a man, all in one day, is mode not
OF di pensing justice, but OF dispensing
with il.
Again: There are too often summoned
before grand iuries witnesses who have no
knowledge whatever Of the crimes they
were expected TO testify to-. IL requires
but little OF their time TO let the grand
jury know this lact-cCrtainly but little
compared with what would be occupied in
awaiting in court the slow process of eX-
animation and croSs-cXamination, kept up
day after day by the lawyers. This, how
ever, is one o, the least OF the benefits Of
the grand-iury system. Let this system be
abolished to-day in any State, and sad
experience viii soon teach the innOyaters
iHhJ our laJueTS were WISE ultD anu ala
not establish institutions which mans in
irmIties did not render necessary.
The Constitution OF the United States
would have TO he changed before grand
iuries could be dispensed with in the Fed
eral courts, that instrument providing
and wisely providing, rs the southern peo-
pIe not only know but feel-that no person
shall in time OF peace be held 10 answer for
capital or otherwise infamous crime I'M
less on presentmcnt or Indictment OF a
grand jury. That provision was put into
the Constitution Lymcn whose ancestors in
England had, after much tIibulatiOn,
learned that grand iuries are an indispensa-
bic luxury to ircemen.