Indiana Gazette, Volume 9, Number 29, Corydon, Harrison County, 14 May 1825 — Page 2

cure the conviction nd punish, inentofany JiFeiid r but by the intervention aud co operation of a constitutional number of the private citizens. By virtue of the constitution and laws of the state, this-court have coiivennl at tli time, for the trial of criminal cfiVnders as well as for the adjudication of prtvaterlghts. The members of this court in common with a number of other officers of tire stale have the power of arrest-

mg and commuting lor trial, all oilenders against the laws but here our power stops, xvci cannot arraign, try or punish a. ny person charged with a viola, tion of the laws until a (i rand t r t i i i nrv in i iii rnimi v iiavk iiiiiiii and returned rntneuurt a hill of indictment specifics! lyaud legally charging the offence. You Gentlemen, are selected account of your prohity your in. telhience and patriotism, from different parts of the county, for the purpose of uniting with the officers of this court m the administration of public jus. tire. You are supposed to Iw. acquainted with the conduct f most of onr fellow citizen, ti tube c ognizant of the offenres :;aiustthe law (if any ) wlueii have t'ceu committed in the county. You are aln enabled to determine tuoie alifrtctori!y than any other ttthuoal that could possibly be itistituied, as to the character ofthoe whose itnti'pf ! Iip lirnoili: Jti n. iew before vou, as well as to the character aud motives of those j ou nay examine as witties. While on the one hand j-tur intimate knowledge of person and transactions will enable vou to exercise an effective ih licence in your labours for the public -good, the s:me 1 .- t.k. 1 w . . k a I lit i.( liltH 1 1 1 . a I will shield you from impositions bv the malevolent anil reeni;eful, tenable you to detet mine with rational certainty as to the guilt of the accused h fore you cause htm to be arraigned on a public accusation. To you (ientlemen, the ilH of our government ha. ditiusted the supei vision of the. conduct of all her ( itizens, w su tler clothed with the highe.it IionorH in Me gif ofthe people, or wslkitg in the humhla put'is of p;ivte. life. All are amenable to the laws "How toe le.-i-t to the greater;" all t.Hirets have certain duties to peitVrm and almost all are liable to indictment f r malfeasante in ffi e. To your ga ir. diansuipi ivtrnshd the ds. tiitit s oj our civil, iusii ulion. lou are hete conxened for the purpose of ei forcing those laws which y or representati es haveenacted for iie pre. Bcrvatiuii of the public peace, ihe. security of private rights f the enforcement "f various mil. liuipal regulation-; and tr'nh out g-mr aid and co operati n tin y never an be entoiC'd. and Vilnon' heir in forcemeat ss ciey ' onhl cent" to exist mutilei, it .pe. or Lmeiiy would a. must ease to be c msidcred &s uiwe uoUWlbal&udiiig the

legislature should declare iheta to he sucli under the most se. vere penal sauctioh,if it should unfortunately so happen that the grand juries of the country should be so lost to themselves and capable of so great atlerefiction of duty as to uegket or refuse to find bills of iudiotnent. Nor would the constquencps to civil society be much less disastrous if the more trivial offences were suffered to pass unpunished; the malady would he less violent and rapid in its progress, hut its fataliV would be equally certain. -If the most trivial uffenCes were .punUhetl hy our laws w-irfi the same severity as the most bi-' ions, all the better feelings nf humaniiy vmM justify w in overlooking and scieeig Triia puoishnifnt, all 'ff nciit except those who were guilty of I fee greatest enormities, li .t mi is not the character ef ur penal fode-j puiiishmeiits are aUapM'd a near as practicable to live lot pMo le ad j Un. dency ot the crim, anrt the puhiji g "h as well as justice It (j!ju - ijat he 4hit 'XtoJaied the e-n v tau o- retails sjtiituoi" li(j .or-' xvi. limn licence should be a ron p ly let'tiiy the j eoaliits ao. xed to those oOemes, gs-ifi, t the Murticier tiotib sofl- v o;aih. Tt reiterate v hat 1 1ivp bp fore sai'l. vui' present win if .go (mint hi it fh-hds up mihe virtue uud ime'lipnce tf the yeople , a virtuous people will a way br inttltieht,- a id the jwi w virtu is o)itmted to ihe gjf ran rah ship vfthe Grand Jdi i s of the country, now iinpertanl.ire. your duties? now responsible is your ituation. Tlic du ie5 required t! a cjranii jnrv are too oftn considtred as rather invidious and that to be faithful ir. the !U. chare of those duties is placing each individual, in a itrj.ttioti 6 1 tn i I tr to lh.it of an in I nun i: bo eutlem.-u, if vo.i stibserihs to the sentiments whirls 1 hr.ns jut glanced ;i ; if vou will retl -ct. Hi at. there are no peisoin in the coin ouoity vhorre m- re derptv interested, n that v. ill d"nn-greater benefits trina tir faitoful tlicharge of ihi duty than yourselves, 3 mi ciuuot view it ia tbis I'uht. Ymi all cherish and revere our happy form of (-ioerntTjeit and weuld rik your lives rather than loe yur important p:ivilege He.t our governtn-Mit is- a gov. eminent of laws supported & maintained by those wry laws which nret entitled to your .guardianship and which secure you in the enjoyment of those privileges of which you are so justly proud. Woveroment cannot be supported without revenue, and this revenue cannot be. properly and equitably collected without laws regulatiug the rate of its assessment, the mode of its collection and puuidii g its vidatkms. The ii'ce.ssitiis and convetiieucie of civilized society requite laws regulating roads and highways, general elections, the support of the poor; estrays, taverns, itrries aud many oth

er things which might be named, in adition to the law respecting crimes and punishtneuts, all of which you will readily admit are essential to the well being of society, and without which, go.eiiiineut could not exict for any heneficial purpose. The -requisitions of most of those laws arc "enforced hy pent I sanction s and this cannot fee done tint hy your aid nd assistance. If therefore, yH believe that a well regulated government and wholesome laws are necessary to our hap'pineas hud security, you cairaet deem the duty of eofor ing aft obsei'Mtfce or punisli. iug the viidatrtMi of those laws as iuviaiotjs. (in the contrary you will consider the faithful discharge olyonr duty to he -o! tue fust itopoi tance to yourselves and 10 tiie -cxnotrv'. t will now solicit your attention to a more practical vtevr of the subject while I mak a few renarks relative to tha mafiner in which your important duties are to he dischurp ed. '5 he oath you have ju t taken is an npitome of your tlu. ty, a:nl is important to be rtmetebered. As th gtarid inquest "within atd for the ln ily the rountv vu have hevn swerro ' diligently to inq tire iSj anil true preteunnent nutfc of all such matters us thai! be gice.i yoi in chars;? or otherwise come to ioiir knowledge? On this .part of your obligation 1 will it mark, that when you retire to your room, you arc not to 'fob! your arms in peace.' and vv ait for accusation to come bi f ire jou xoluntaiil : Yuw ore diligently to inquire;' jour business is that ot laborious k. patient investigation. Vou are tii at to inquire auoii;j; yourselves, and a refusal, or willnl neglect 'on the. 4ar4 id any mi? iu your body to disclose or com. muuicate to hit fello.v furors any knew ledge -he may pos-ess ofthe. violation of any of the penal laws oT the state, would b a direct and palp&hlc violatuns of the. naih you have taken. If none of your bo lv are sufficiently acquainted wiili fttts, it v ill then he your duty to send "for witnesses, v. hojoti "know, or hate, reason to believe are acquainted with tin; transaction 'you wish to investigate. But ("ientlemen, while 1 earnestly press upon you the necessity & importance r.l'dili. gence in the discharge of your duties, I deem it a dv.tv to mako a remark or two on the, cuKrse of examination, which is hot (infrequently pursued by grand jurus. A witness ou being iutieduced is frequently examined, not w ith reference to any p uiicnlur transaction, but generally as to his knowledge ofthe. commission of crimes, thereby subjecting his conscience to a land of inquisitorial torture which is inconsistent with the spirit & genius of our laws. If you suspect or believethe witness to he acquaint, cd with any particular x iidati (f ofthe laws, it U proper t tl ..oU should subject uiiu the ,uost

rigid examination as to those facts or that potiicular transaction, if he manifests the least reluctance to disclose his knowledge of the subject, always remsnberiv that no m m can be Coinitelled to become his &tcn accuser. Hut Id enquire of a witness generally, do you kow of any Larcenies ? do you know of any Gambling? frithout alluding to any pariicolir transaction to which you ctii direct nis attention, 1 believe to be improper and this corfc; woild not punish a witireMz-juEV

relustia; to answer such general, questions, nor conld the vitrtsl-r , be legally pu ished if he answereiltheui falsely. It isrtecrtss'iry thit courts of justice shonld lie respected and tajbe, so they must respect themselves, you form a part of this court, although your deliberations are in a different aparttacutv, and if ii the course of your iiivvtigatii)i)s a. vitnca should lie brought bttiore yon tnat shonld refuse to answer propei questions, or Voouhl answer them evasively -or conteapinousiy it will he our du f to iuloi m this c-.iurt, aud tue will take measures to punish the. witness as severely as If m contempt wasolfiitd here. But in return to your oath 'tfie. Stutcn 'juitcii. pouv -oiva. uttft your ftllou: secrets yoii wdLL'eepV Muuy and wtiti iy reajjous might be assigned as to the prop ite :y aad necessity of this injuncUou ; it will suffice to menliou two or thiee. 1 I'requcBtly happens that complaints me made before (irtud juries w hioli they find upon la-r-ther iuvestii' itioti Ui be entirely groundless i if the proceedings v. ere : public, the iunoccii4 ; pel sou thus accused would hi 1 scand li?.ed and his rcputatio 1 injured from tin? circu.ustart ei f lieiug sti.ic.ied anil havir g his Louiiuct publicly arraigi J ami in esUig-ited : but wu ,le your IraiisKXiious are piivaie no injury ol this kind tan res ait. It yoiH investigatioui w ere public the guilty who fear.? d an exauiinalion would have i t m their jmver either to kf the necessary witnesses out 11 ho way during yimr -essif, ort.' elude the process of in w l:,ilitso Mion as it WfiK unoi. u that you had detei -tuiwed to fi;nl a bill. Again, ifot.r u . r-eedings w.re public t' u.b. and the tinted would b edestetd from appraring hvffd .jjU through feur of ttre aispeasai "e rr tli vengeance of the Atcurrk The bennlt whirr , yoll a 4-ink! U vidutls will dcri .e lioro keying your ivesti ;atioi.s -jiriva-a in preventing most enmkUtv jealo-isii s and heart burnin;a which Would f .eriainly ensu'tir they wen: m die, are iofficieii; ly obvioo vv itliout eiv-timeul. No injury is doie tu any f'by this injunct ion :- if A hill u-wut found after iim niirv ot, viiie tnatttr rests, iu o btivion w-kenv it ought tr-, remain in justice tu the af .sed; if a hiU U fuin3. V-. public good r jquiresttia4. U should remain a s ecret unlit i& a. ( u; d is arrest ftd, and then he bus the licneft ilof ufull ani