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I . , ; ,:- v..;- :;'-.C,- - - V I e . Or C - ' r r tit.' i V For the Register. Bdctiton Dimct.7 reri 1806 SaperiorCourt.5, . , T& Judge TayloK " 1 THE Grand Jury colkctcd for Hie nUtnr.t cif Edenton, thrtfStft their For email, solicit the favour them at the oromenceTrtenr of the Term of this Couit'.., impressed as wejare, Uhcapcrsttasioii that aissermtioiipf the. moral pririagefcj a well a thoretisfcand coiirtjire henslVe expbsltioni foHhe criioat; &xf yiherein contairted woulq conduct to henefet societwe conceive lt bm duty to endeavppr to prbrtiote that interest, br makinff this our request, vhirh we flatter. tnipaelTcs vou will Hot withhold. ; V ' Signed on behalf of the Grand Jury, GAUL t BAILEY. a mil OA. 1S08. i ' foreman- Gentlemen of tkr Grand Jury TT U th imnuestionable rietht- of every citizen of this S'.ate to clul.n frim thp ocoverhment. such an ex ercise of itslpbwer, as will secure to him' the most efficacious protec titm of his civile andolitical liberties. This isnot otily i he design and prin ciple of the iocui compact but the fundamental conditio upon which,. the parties to it, forbear the asseri tiotl of those bficrinal rights, vHfiich tie clearly deduuble from the law s. of nature. The uncorrected impulse c fprira e t Tinge would be uri-vrtai ii in its mea ture, and extenf ivtjy mischievous in its etTects.! It therefore gives place -tothe calm dispensations ,of legal justice i the public adopts, as its own, the cause 4f a injured individual j ahdj njndcv fheguiance, oXstablish' ed rinciDles.- fitted to the moral constitution of man. and, "With - the aid of salutary fprms, admirably cal culated to banish fear from inno cence, and hope from guilt, seeks to sprocureredicss for ' past injuries, add secnHty against fu.ure v wrongs. In survey big the, blessing result ing from a free constitution of go yernment, and in the consciousness that we participate jn them to the: fullest extent, we shall discern strong and abundant motives, for ' he die performance ofali tftoKe civic du ties, to which we areVioccasionaHy y called by our country ; and upon the regular and faithtul discharge ot whichlthe permanency those blessings manifestly depends. The laws which every member of the community, either expressly' or. tacitly consents, form the on y teatraint upon our civil tonduct : and eveof these, to be practically va lid, ntiist tcspect cc'rtalnXniprJacri'p-' tible rightii, Which In other times of superstition and tyranny, had been grossly infringed. To place them beyond the reach of future jprofana tion,: tbev ate deposited on the altar ef the conslittition, anti securelv lod ged in a sanctuary , w hich no de partment of the government can violate-1 '. . ;' . ,. -The common law of the. land, founded upon the immutable princi Dies ot msttce : matured ny tne coi- " J t ' . . I . ft t -"' M ft - 1 f. ld wisdom of ages ; and io mbdi ' v i)i feed by legislative, acta, as to accord wUlgt genius ofurgovernment, guarantees to-every citizen, the eh joytnent 'f- personal security, the indisturi)ed possession of the acqui- sitionjirof industry and ample re dresa for'any wring which his re putation c may receive, frofn the at tacks of calumny. It, allows every man,to pursue his cKvn happiness, by any.raeansf which arc mu i ,co i patible with the jood of the conimu ntty, or the rights of others. . . ; If our desire to cbtt is 1 such in- stituti' rts could be increased, or our teal in thrjr preservation animated, oy additional motive of re verence, lhT might possibly! tje derived from contrast of these exalted privileges, . twvii Bcsses the sUbjecifv Of a despo- f nucic uw w w?nttox m the will ot an mdivi- Qaal, and the rights of nature, of haps , wholly Eradicate the selfish Jaence and humanity,' are fhade affections ; but itis the'duty of a fa. w fluctuate with his caprice or bend johaj being, to makcconstJmt strug ambition. r : . ,;; . g.ta counteract their effects, and me, ineiu to impress nn ttriportahcethat ft pure and elncient anuii?sirauoii oi jusiiuc i,savuM zn the preserttontof that lioert vhlchjonly Bf)ratioial; wan. would fibbt)fe:to enjoy ;-iiberty founder? ipotfqtlat nghtsae inseparfebly joinVected wtth law. -V v Th declaration of riffhts may .ronsecrare the great principle of cir f ii freedom 5 the constitution may efine and limit, with cautious pre iisidn? the just, exercise of piwer, and TOulUpjied acts ubf the; legislature Saa epasseU meet the, rising mei-gencies m ine repuuuv,, uu v .promote tVe happiness of the people Bbf alt is Yam and illusive, unless the ninistlrtrof justice, of every descrip on, discharge their respective du its, unlessy by- the assistance . o! Courts and Juries, rights are effec- ually protected, and w-ohgs ade quately redressed. Likethtliht of h metef Tvtt-ev --rye tod ax .ef 1 d mis lead, bu' impart no vital warmth xv he suifering and unprotected cit zen. Coming from every part of this District, and selected for the purpose j 5f taking Tr.'st important sV.are in !ie administration of its criminal justice, you will not consiaer time misemployed, which isUvoteu to your instruction and assistance ; and although the nature of this ad dress will not admit of a detailed uialysis of the1 criminal law, yet I shall attempt to sketcli the nihst ! riking outlines, and to furnish you with- some gfal directions per taining to yotlr duty. On the impdrtahce of this know ledge to eveiy man, permit me to adopt .thg.wnrds of a writer eminent ly sailed in it : The learning, touchinjg these snbjec's, is a matter of great ?nd universal concern ment. It merits fdr reasons too ob vious to be e"nUiged on, tlie atten tion of every man living. For no rank, no elevation in tife, and let me add, ho . conduct, now circiimsperit soever, ought to teiri'Vt a reasonable man to conclude, that these enqui . rei do not, nor possibl can concern hiift. A moment's cool reflection in the nUer instability of human affairs. ann ineinumoemssunioreseen e- vents, which a dar may bring forth, will be sufficient to guard any man, conscious of hi9 own infirmities, against a delusion. of this kind.' The oth, which has been admin istered to you, sufficiently marksdhe importance, attached to your office in the contemplaticm of law. It in culcates diligence of '.enquiry ahl truth of presentment, in all mico matters as are given you in charge. The import of this is, that 'in; the formal accusations sent ycu, -by f the Attorney General, you are to weigh and atten iveiyjejcamine the c'iden offered in'their support. The names of the,; witnesses enriorsedon the bill, designate those to whom an oath has bsen ;adtninistered, and from such" alone, is your decision, whether in affirmance or rejection of ths charge, to be collected The degree of evi dence,, necessary to su pport ;ar jac cusation, has given rise to muehjdl- versityof opinion,, amongst tnean tienl sage of the law Oil one side it has beet) contended by Coke, that as-an;4ndidtment it Juund in thefab seiicebf the party accu-eu, it is ne cessary that the proof of the offence should be substantial. Otiiera have Ii thought, amongst whom: standtig? venerable name of Hale, that ai4an indictmenuis; merely an accusation, and the f party is aiterwardi to un dergo a full trial, thty ought, upon probable evidence only, to find the bill, bo tar as the evidence goes, however, the Grand Jury ought to he thsrouvrhlv oersuaded of its truth. Hand ought to reject probability, as the only. support of a charge, which rny attach to an innocent man, some poriton of ignominy disquietude and expencew, " . " the Xendeney ot another part ot , jtn oatbpis, to put you oh vour Ward -against the influence of th-oe j evil passions, whose nrtiotnever' 1 miis to imsieaa uie juugmcm, tutu j lo bring disgrace "on the adroinistra- - 1 1 Vipn O JtttlCf51',vuCJl.lS incIlU 'W If- i tv of oiir nature, that We cannot, i er- I prevent them from asiumio an im proper Hare in the directkof hi? conduct. All whomlertaitp ad minister the justice of a xountn should he more particularly impres: sed with this .sentiment ; because withjliemtit assumes a higher ra e, ih tliefscale of duty, And becomes ; solenlii aid imperative obligation They cannot fulfil the- expectations of the public nor accomplish the ob jects of their appointment, unless wheh thty enter the' tetppie of tht law,' they leave therjgplices at the poml. It isempfially their duty to render a iourt pfjjustice ' a place for the punishment of evil doers, and the- praise of such as do well," an assylumfortheinnocentand opp-'essr-d ; and to communicate the full benefit of the law to all who seek its protection, of whatever country, religion or political creed. If twelve of the. jury concur in believing: that t!ie charg,. contained in the indictment, is substantiated by the evidence, it then becomes the duty of the foreman to indorse upon it a true bill, an4;to subscribe his name and officiate character i and this he is bound to do, althghl own opinion should not coincide with ihat of the twelve. The whole of the fact submitted to your enquiry raufct be amrmed or dtnied, for part ot an indicutient cannot be found true, and the rest false ; unless there be distinct offences, stated in st pa rale c unts. In such case, one may be found true aud the other rejected. Let me now invite your attention to brief description of those crimes and misdemeanors which the juris diction of this court embraces, upon which, however, no citizen can be arraigned, u.itil the indictment has been sanctioned by your finding : Thus wisely has the law contrived that every cnm nl case shall jbe subject to the exammaton of two' juries, and vhere the de uh of a man has en sued, to three. v A crime or misdemeanor, is an act committed or omitted, in vioiat on of a law, forbidding or commanding it. Crimes signify the more atro cious offences i misdemeanors de note ail such inpictable offences as do not amount to felony. The chief ertme.that can be committed against ipe iiersona of the citizen-., is; homi cide, which imports the killing df a human being, either fccidtntal!y, justifiably, ex -u abi jr feloniously. .ity'be by nUsdyen ure, as whe'rne doing" a lawful act, with outintenti(pif bodily harm to any person, anjsing proper caution to prevent damage, happens unfortu nately to kill. An i. i stance, illusira- ive ot this, is triven in the Mosaic aw, Dcut, 20, 5, Where a man goeth into the wood with his neighbor to hew wood, and his hand fctcheth a, siroke with the axe to cut down a tree, and the axe slippeth from the helve, and lighteth upon hs. neigh bour that he die." Thus too it a pa rent, in correcting his child,nias- ier nis scrvani, an onicer a cnmi : i , cf .. .. it. , ive;aM unhappy stroke, which catise death, and no malice can be collect ed from the attendant circumstances, it comes within the same, class. It may be, founded in justice, as where resistanctv is. made in civil cases, and the actia done in strict pursuance of legai;authority This rule U. subject however to many ne. cessary J i mita tion's t In cases, ot felony where resistance is made, which exempts the person (whose duty ii is, to app. ehend)rom any degree oi 'guilt, it he kill in stantly hi in who resists. In cases of felony where the felon fieeth and cannot be' apprehended ; m which case, an orhcer wno nas a 'warrant ni? anv nrivate individual on view ot tu$ ottence, at the moment t of its being3 committed, maYvTusti- fiably kill the fugitive; if hcannot be, overtaken This mle is iiiost frequently applied to" the case of j robbery,; burglary, , and jmuderJ .... ; It raay be justifiaole in seifKle fence, as in woman ta protect her self froth violation ; or m any per ?son upon lhom a robbe)r mttiv :der is aUempWd, or wnose house' is brokejopeh -Ih the night time with intend t6 cotnmrt ffelony. It may-be excusablefin self'de fence where thece Is a rearneccssny for a man to kill the .assailant ir QT der to save his bifrn iife Homicide may be felomous and a-; mouiit io manslaughter,Wcbi5 'xemptcl fiord capital punishment, m account of the indulgence shewn y the law to human frailty ;. Reproachful vords or contempt ruous gestures; without art assault' upon the person, will hot exense the se of a deadly weapon, to as taal ieviate a killing, so committed jbto manslaughter. L- But if ft person thus I -.. . 1 i ; t I ' 1 rovoKea were, orta .suqen, anan t're heat of passion, b give a ; hlO vith tlie ;uharmetl hand, or tntira stfck-fiot likely to kill, it Would be manslaughter. It must however be .remembered, that evidence of an in tent to kill, or to do some great bo dily harm, from which death would probably ensue, will alwayspjace homicide in the clas of murd'erV And, if homir.ide be not founded in justice, noriu necessary or excusa- le self defence, norm accident, nor in passion it, must be murder which is, where a person of sound niemory and discretion, unlawfully killeth any i casormbleJcreature withm theiDeace of the siatevith malice atbrethoughu cither express or implied. (trhet legislature passed art act in tQCCtor the purpose ol removing; ill doubts with respect to the pu hi shm en t for the murder of a slave and with a commendable regard to the interests of humanity, have pla ced that crime u pon !t hl footi n g of a uiuruer oi a iree pcron.- x nc iK-xt offence, consisting of pa", an.;, outrage against the person, is mathem, which at common law, is punishable with fine and imprisoumenU It iii a maihtm to do such a hurt to any part of a man's bodyj aa renders him less able in tighiing, to defend him self or a;. nay his adversary ; as cut ling off, disabling, or weakening a man's hand or finger, Or striking a Uv his eye or tore too h : whatever tends odisfiyre only and tiottoweak-. en, t oes not amount to the dffence. But by an art Of Assembly pas sedjo.l 7 9 1, the tnalicicusly Cuing 6ut or disabling the tongue, orput ting out the eye, with intent to mu der, maim or disfigure, is punisha ble With the pillory, loss of ears, andcv?hipping, for the first offence, and.HVjth death for the secohd.l'he same-act also enlarges the descrip tion of maihem, and punishes iixthe same manner, several Uodilyiuju ries, if done. wi:h the intent.to mur der, maim or disfigure.) An iiijury may be offered to , the habitations of the citizens, by break ing inpithem by night with intent to commit felony. This offence re mains unaltered by any legislative act, and is a capital felony. 4ois the offence of maliciously setting fire to the house of another. Barns, sta bles and out-houses, come within the description as parcel of ihe house, as l burglary . fVriv.ite property may be assailed by stealing, or by any means taking a way slaves with the intent to sell o apply to the offender's use ; which offence is declared to be felony, and made punishable with death, by an act passed ;n .177. 1 he , same pu- nisbmeht is also deqouneagainst those; "who removCfcursons ot color from thiIoahotherstate witb intent to sell them. By horse- pealing, the punishment for wci&las made capital, the last Imi. in 170f) By counterfeiting the currency of th. siMiP. n riltection of varion omissions of which numerous acts have been passed, in some instances directing aiv infamous, in others a capital punishment Rv forin anv deed or will, or sectiritv tor monev, &c. or DublUhl - j m - m. j ing sacn papers Knowing mem 10 be forged, Which offence Is directed by ail act passed in 1801, to be pu nished infamously on the first- con-i viction, and capitally on the second; By' robbery which is the felonious taking of, goods from the person of anotherpp;takuig. property, in his.presence by Violence, or threats, without', the noiion of legal claim. Atvd py grand larceny, which is tiffelbhiftusly stealing another's eodds. above the Value of a ShtJUne. rhe conservation of the peace'has rendered it necessary to prevent not vnly ' those offences , Which act Ut! !y dis urb fe bd likewise tlose,1 whidii .havtf a tendency-to : to excite buhrs A to break if 1 ' Of thf? Utte Anr rln ; v linn. ar t iiant6r"ti?ilifrK't anl v; famatory ibelss ' By; an, act ,passeq J -io lt02t any pdrsbii serjdinccept: v,f ihg, or.beanna chalietiirfealthoueh4 M prpttt in thetitate, besideaeiiiW sup4 ecjejj tbfine uotj exceeding coid; huridred-podridsr ' w A libel is akraalieibUji i defaroatiotl . J r tifeypersoor tnide putiUc: oyrprint. V v f trtv Wri'ting slgns: or figurif tr. 'de-tb provoke hfln to rtHMo toT rjrovoke;rre Injured partyljiffeT uiily d-frilnd up to revenge, which it would bd Ldifficult to i- restiairi, were ribt $Urlt injuries tMrcsstd by public justice, t so a uoei mtenaeq xo onng reproaca on : the iiiemory of deceased per-?l son,' is aliue; siibject tp indictment ' The imbnilon to cast,aitain upon hii v ifiemory, and to ihjuinis posterityi must, however, in such be apparent for then it. endangers the peacel This principle dbes, hot exclude Ji fair uiscussion of the'eonduct o- dei ceased persons, ;circdlated, in thifc irue -spirit of historial writingto ex alt Virtue and to degrade vicfel'f' 1 1 1 V' U is an afegravatibn of mtU it k reflect on those VfM are ihttuteit with the administration" df publicAf 1 7 ,faits. Forj in addition to thlpriYa'tdt -S.' ......w.v.wa, wwmyn me tuus lively w De cngetidered, sucit publictiona are a sotirce of some of the sevtfeii evils that can afiiict the community Until very lately it has been part of the law, that the truth ;of a- libsl is no justifi'-ation in a crimial priw secuaoo. Ii has been sideredji for twocen'uries past, as repugnant ;." o good policy to permit the riialU cious publk ation of even truth itself since a3 Lfrd, Coke obaervesf a maht't aggi ieved dto have ticVoUrse tb' ihe law, and ndC, avenge himself -the odious, means of liUliihg;. It lias been supposed that the t tofofltfX' ot s; ci ' m gh be hourly endanger ed and U s tranquility interrupted, b; , ;oleraJngsucha practice , and there . ioie, whde the lw permitted thd party, who was sued to: a civil aca tion tor a libel, to plead the truth ii bar, it considered onlin a criminal piosecutiqg, the tendency of libels to disturbthe peace of the commua nky, and puiiisiied the provocatibiu, , ootthe falsity. j;. ; ' 1'hese reasons j hiwlWr,4iaveno5 1 been thought concldsiVe by the legis- i laime, who in 8Q5ras$ed an'ac;l uUow tng a person Indicted for a libel lajujtUy himselfby proving the trtith . tacts' The law must accord ingly be so administered, and W; wiuft indulge the hope that cxpe-, iivnce may sane ion the innovation s, ior it is ctUinly an object of graie,ful3 coutemplationi when the catajogu;? ot public offences can be lessened uontstentiy with the safety ofthtf Actual breaches of the peace may be commuted by an affray, wherd' two or more persons fight in a pub lic place to the terror of the citizens. r if Sny ng must be; in public, ou iherjrise 4i;&tn6uuts only to . an jo -, iK;:Any;jpnyaW, person frh&toi present, as well as a magistrate constable, may iustifiablV-cart thmr corflbalantsi- ThIatf5- t , " Yizafz aiia securo P"1' th7 couat ; I rw wu,c i iaw By a riot, where threembpei, sons use any force diolenoe in T the execution of any desi&n'vlliateyefi v iejrem.it;is. not permiaelkby ; laW: Persons are riotew,i who being initoV ' ans arc new, who beihg SUmled together,, do after m i i. i waru upon dispute happening id ; arise betweeutileC6n . into parties win promises of mutual , 9uyvny anu-ma&e, an anray. ; M i ShArtffa aLlnA oil nai . Ji- wxvuiia Huy iui ibayb f wuituCiS bound to usthei- st endeavourif in the suppression of riots, , and may lawfully coaTandali other persons to assist them; ' Private ptrsons mar 5 likewise endeavour to prevent thoso i "wuiii mcj accviigagcu ill 3UCU 115? urbanceSf from executing their pur pose. .t. ; ' r : . ffenceaagunstpublicjusticem bejcoinmttted, - ; .-rBvan escaoe of a nersnn arreved upon alcriminat process . The-gt A, (Concksled iathclait Pase)' t f 5 4 J! A ' n t :1 '1. 1 :' i i l 1 I s r. ,1 4 t i il ; s i I 1 iy , 1 ' V 'H. f .1 - V A?: if" V UK. My
The Weekly Raleigh Register (Raleigh, N.C.)
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June 23, 1806, edition 1
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