Year: 1861

portant 10 the we'll being of society it i


that your high functions in discovering


and thwartiDg them should be fesrlessIJ


and vigorously exercised. The Cour


will supply you with every aid the Law


affords to further and facilitate the per.
formance Of your great trust, snd will


you may be assured, not fail, on its part


to enforce vigorously the law against


those you may present as ha7ing viola


ted it.


You are, however, aware, gentlemen,


that lively distrusts and apprehensious


agitate the public mind, aud you will be


cautious to Discriminate, in the charges


laid before you, between those resting on


q solid foundation of facts, and those


which may be eolored through over zeal


OF accusers, or rest essentially on suspi-


cons and apprehensions only; when the
community is highly exasperated and cx-
cited men are prone to cxagerate
statements aud surmses against per-
sons suspected of crimes. While the
citizen, whatever his personal considera-
tion or worth may be, should be held


strictly responsible for every act done in


violation of the law, it is right which
should be sacredly preserved 10 bin that
he should not be exposed in life OF char
scter to the hazards of a criminal accu-
sation and trial, unless the Grand Jufy
are clearly satisfied there is reasonable
proof of bis guilt.


In performing these trusts, gentlemen,
you are aw~o of your general powers
Youare probably y more familiar witbltheir
exercise in State than in National Courts.
They are concurrent in both Courts
You are aware of the power of State
grand juries in being furnished with the
means of obtaining evidence, in having
testimony duly qualified, and also of the
manner in which the deliberations should
be conducted. The general outline of
the oath under which you are qualified,
will instruct you in the duties you are
bound TO observe. ou must keep secret
all your proceedings. You are not to
promulgate them in Jour families, or in
ony conversation, whereby they may fall
into general circulation and become known


This is the first Grand Jury that has
been asse & bled, probably in this Court,
for course of inquiry of this character.
The public mind is anxious and eager to
know what measures have been taken by
the public authorities in order to enable
the Government to secure ad defend the
public against the evils and dangers men
acing it. You must not be led By the
pressure and anxiety Of your friends to
speak of the cases intrusted to your in.
quiFy. You want that secrecy for dou
bic purpose. You want it, in the first
place, to guard each and all OF you against
thc opportunities and interecssions either
for or against those who mag be subject
to your inquiry and investigation. For
the public benefit you want it, that no no.
tice should be communicated to any indi-
vidual that his conduct or course of life
is the subject of inquiry before a Grand
Jury, unless he be already apprehended
upon a charge of having committed an Of
fense; the public will then be apprised of
what is going on.


You will conduct your inquiries, there
fore, with unlimited strength, SO to term
it, because you have the whole power of
the lsw to protect you, but prudently and
cautiously, that you may possess yourself
of the naked truth-tbat your minds may
not be misled BY representations the one
way or the other, that you may not be
deferred By the interference of friends
of parties implicated either directly or
indireotly, in getting all the information
in the case you can.


These remarks you have receised from
the Court are all that in its power, it can
benefoially impart to govern your inqui-
ries. You are not limited to these partic
ular subjects alone, whether individuals
in this community have been guilty of acts
of piracy, treason or misprison oftreason.
Y ou have charge Of all offeDses commit.
ted in this district, in the jurisdiction of
the Court. which is much larger than the
territorial limits. as it covers the high
seas whenever the chips of the United
States arc navigated. You can inquire
into all the ofenses committed on the seas,
whether they are merely misdemeanors or
ca pital eases, if they were committed with
the jurisdiction of this district. | am
not aware that there are any of this class
of offenses ready to be laid before you.-
have infor % alton that many accusations
will be submitted in regard to the other
order of offences. You will look into
them carefully. and you will not hasten
your determinations until you are possess
ed TO your entire satisfaction Of the truth
in regard to them.


You will Dot omit to call before you
every reliable fact that may bear proper
ly upon the subjects of these accusations.
| therefore dismiss you to your duties, d.
recting the Marshal to supply you With the
necessary attendance. The District At
torney will be before you, or some proper
person in bis behalf, to instruct you upon
questions of practice. or the application
of the law in sny respect. And you are
entitled, at any time, in case OF doubt or
difficulty, to assemble in Court and ask
from the Court Judicial instruction 10 the
exposition of any question OF law upon