Year: 1861




TO THE GRAND JURY AT SEPT. TERM, 1861


Gentlemen of the Grand jury We eater
upon the discharge of our official duties to day
under very solemn and impressive circumstan.
ces. Since the last term of this court, events
have occurred in the history of our national
government of the most serious and startling
character. | need not refer to these events in
detail as they form conspicuous part of the
history of the rebellion against which this ma
ton is now strug gging, with which every intel.
ligent citizen is presumed to be familiar. We
have fallen upon strange times, and are eXpe-
rencing state of national trial, which would
seem not to have beer apprehended by the
fathers and founders of this confederacy In
that admirable constitution by which the IL
Mon and compact of these States were formed,
and under which they have, until recently, re-
NAMED linked together by strong and peace
ful bond Of union, there provisions
which contemplate either an amicable sepa-
ration or an attempt on the part of any one or
more Of the States to forcibly withdraw from
the Union. and consequently, those public
functonaries whose duty it is to provide for
the public safety and protection have been oc-
casionally embarrassed by constitutional re-
strictions, apparent or real, for want of con-
stitutional authority to meetf fully and prompt
ly the exigencies of the times.


When We consider the magnitude of the re-
belliOn, the years which nave been occupied
in diiigent and systematic preparation for this
attempt to overthrow the government-the
number and character of the individuals con-
cernod in 1.-THE object and purposes, as we
haze reason TO believe, have long been secret:
ly nieditated and are now openly and defiant
ly avowcd-the acts which they have already
done in fuEherance OF their plans, and the
further outragsS md atrocities which they
would seem to have in immediate contempla-
ton, we cannot but consider it the most alarm
ing event that has ever occurred in our hsto-
~. There Is enough In sfis to fill the stout
Is, heart with dismay esd terror.


When our country is In the midst of such
perils, every citizen has duties which flow
from the allegiance that he owes to tho gov.
Snment and which as loyal freeman he is
bound TO peHOrm. The sum of these duties
is that hs shall do all that in Linn lies to aid in
protecting and defending the existence and
the honor of the nation. This is demand to
which patriot is always ready to yield a
cheerful obedience. Next to his Maker, he
acknowledges that his country has the high
est claims upon him.


We as q constituent branch Of the State gov
ernment have duties devolving upon us. which
relate TO the present condition of public af-
fars--duties which We should perform, prompt
ly, faithfully, and without fear, favor or af-
fection, but should at the same time give
to them temperate and impartial considera-
tion. OF these l shall come presently to
speak.


am compelled, though with deep regret,
to believe that there is not at the present time
amongse the inhabitants of the loyal States, an
entirely unanimous and hearty cooperation
with the national government in the attempt
nov making to suppress the rebellion, nav
more. am credibly informed that there are
amongst us not only persons who secretly
sympathize with the rebellion, but those also
who boldly and publicly avow sentiments
which are in opposition to the authority of the
government. Such persons, whilst they mer-
1t the contempt of the people OF this, and eve
ry other civilized nation earth, and are
bringing disgrace upon themselves and their
pOsterity, should nevertheless receive the
punishment which the law assigns to them.


This leads US to consider and define the Of
fences which may be committed directly a.
gainst the government. Although some of
these belong to the exclusive jurisdiction of
the federal courts, it may not be out of place
10 notice them here in order that ycu and the
people of the county who happen to be present
may be made to understand something of the
nature and extent of the obligations which
They owe citizens. The present generation
oi Americans know but little expermentally
OF state of war, and it therefore should not
surprise US that their attention has never been
Particularly directed to the duties which at
such time are incident to the relation that
exists between government and its citizens
U. subjects. am therefore lead to take
charitable view of the conduct of those who
may have seemed to forget depart from
'aeir allegiance, and to attribute most, if not |
aH' such cases of delinquency, not so much to |
"uisposition openly to violate the law or op-
pose the known authority of the government, |
a' 70 entire ignorance of the laws demands |
ana OF the nature and design of the rebellion. |
alh lead to more than suspect that artful and |
Mcked men are making it their business to de- |
.el'e the people by leading them into the er-
.oneous belief that the war is waged for the |
aaSpremacy of party, instead Of being a strug-
e., &c purely for the life of the nation. True,
la' END OF loyalty, is not very praiseworthy |
;. >, ieha0le which is not the spontaneous out |
siHing OF patriotic heart, but needs the un-
,,tte"ing last Of penal sanction to keep it in


pe. StiA it ia better than open rebellion.
I'M, ane offences which directly affect or are in
Irs.ous n-;.9 TO the government are Treason, Mis-
n,;s; nsion OF treason, and certain positive mis-
Penney.