CALIFORNIA. INTERESTING AND IMPORTANT. CHARGE TO THE GRAND JURY RELATIVE TO THE VIGILANCE

New Zealander, Volume 7, Issue 568, 24 September 1851, Page 4

CALIFORNIA. INTERESTING AND IMPORTANT. CHARGE TO THE GRAND JURY RELATIVE TO THE VIGILANCE

COMMI I 1 tK. At the opening of the Court of Sessions this morning the Giand Jury was sent for, and on their appearance the following important charge was read to them by Judge Campbell. The document speaks for itself, and will be read with the greatest interest. The Court deem it their duty to call your attention to an event of the most startling and fearful character. We j aie informed that, yesteiday, a person by the name of | Stuart 'vas taken by an organized association to the Market-street wharf "in this city, and there hanged by them. That a large force guarded the wharf to prevent the success of any attempt which might be made by the public officers or citizens to vindicate the law and rescue the deceased. This outrage took place in open day. It is wholly without excuse or justification. The question lias now arisen, whether the laws made by the constitutional authorities of the State, are to be obeyed and executed, or whether secret societies are to frame and execute laws for the government of this country, and to exercise supreme power over the lives, liberties, and property of our citizens .-—whether we are now to abandon all those principles which lie at the foundation of American law and are the birthright of every citizen ; which from the earliest period of Ameiican history up to the present time have ever been cherished by the good, the wise, and the great. Are the people willing to thiow away the safeguards which the experience of ages has proved necessary — to trample the laws and constitulioh under foot — to declare that law is inconsistent wit- , liberty — and to place life, liberty, pioperty, and reputation at the mercy of a secret society. I If such be the disposition of the people— if the Spanish inquisition is to be levived here, with all, and more than ita former terrors— if, without, or in defiance, of all legal process, hy the meie order of a committee, men are to be arrested, secretly tried, and suddenly executed —if the tap of a bell is to be the signal for hundreds of armed men to assemble instantly together, and to execute, in open day, their unlawful and treasonable designs—it is time for every man who values his life, stfety, and honour, to shake the dust from his feet and seek out some new home, where he may hope to enjoy the blessings of liberty under the law. But if, on the other hand, we have not quite forgot the principles upon ■which our government is formed — if we believe that our constitution and the laws of our country should be reyerenced and obeyed, and that public order and tranquillity should be preserved ;— if we believe that perFons accused of crime should have an open, public, and impartial trial by a fair jury of unprejudiced citizens, and should have a reasonable opportunity of making their defence, of employing counsel, and summoning witnesses;— if we believe that the good name and reputation of our citizens is to be protected from a secrej eciutiny, where accusations are made under the influence of fear, by persons of questionable character;— it we believe that our houses are to be protected from unreasonable searches, without color of authority, it is our Bolemn and bounden duty to take immediate and energetic measures for the suppression of the spirit of reckless violence which overrules the laws, and sets the con"tution at defiance. ""When you first assembled, the Court called your attention to the unlawful execution of a man named Jenkins, hy an association of citizens. We considered that act as greatly palliated by the circumstances under which it was committed ; that the laws had been defectire, and that perhaps there had been some laxity in their administration ; that the county had no sufficient gaol for the detention of prisoners ; that crime had increased to a fearful extent, and that a portion of the citizens, deeming that the law afforded them no piotectiOD, had in that instance undertaken to execute what they conceived to be summary justice, in violation of the law, but with a sincere desire to advance the public interests. We further stated that the law had been amended in many respects, so as to secure the speedy trial and conviction of offenders, and in some cases to increase the measure of their punishment; that the county gaol had been put in a proper condition for the safe-keeping of prisoners, and we expressed the hope that no further attempts would bemade to interfere with the legally organized tribunals of justice, or to wrest from them their just powers and attributes. From the time of your assembling, the Court, the Grand jury, and all the officers hare been actively and constantly engaged in the performance of their duties. At the time when they were making every possible effort to dispose of the criminal business ot the county, and when the Court was in actual session, and in the performance of its duties; an association of person*, of armed and organized men, have undertaken to tiample on the constitution, defy the law 6, and assume unlimited power over the lives of the community. There is no excuse or palliation for the deed ; it is a gross and glaring outrage ; it seems to have been done for the express purpose of hurrying on a collision between the courts, and all fond of law and order, on the one side, aud the association referred to on the other. If tke deceased was guilty of any crime, ho could have been immediately indicted, and within a woek, or, at most, ten days, tried, convicted, and sentenced. Public justice could have been vindicated without infringing public law. Every person who in any manner acted, aided, abetted, or assisted in taking Stuart's life, or counselled or encouraged bis death, is undoubtedly cuilty of murder. It is your sworn and boleran duty, •which you cannot evade, without perjuring yourselves, carefully and fully to investigate this matter, and to do your share towards bringing the guilty to punishmenr. Upon your fearless and faithful discharge of the sacred trust confided to you, depends, in a great measure, the future peace, order, and tranquillity of the community. After the charge bad been delivered, Mr. C. L. Ross asked to be excused fiom further service on the Grand Jury, stating that he had friends belonging to the Vigilance Committee, and that his feelings would not allow him to bring in a bill against auy of them. Ihe application was refused, his Honour Judge Campbell stating that his own position was similar, but that they were all flworn to perform their duty, and that no private feeling* could \>q allowed to interfere with their oaths, The

jury then iptired, and the Court took a lecess for tljir minutes before proceeding io the transaction of tli,, regular business.