Page:American History Told by Contemporaries, v2.djvu/217

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No. 70]
Juries
189

appointed by the Governor, and keeping their Places only during his Pleasure, if the returning of Juries lay in their Power, 'tis more than probable, they might at some time or other, pack such Instruments as would be ready to gratify him, to the Ruin of any Person against whom he had conceiv'd Malice or Displeasure. Considering therefore, how easily frivolous and unjust Prosecutions are set on foot, and Evidences fit for any Turn may be procur'd, nothing can be a greater Security than this noble Law ; for after all the Arts and Management betwixt a bad Governor, Judge, and Attorney-General, to carry on an illegal Prosecution, the whole Contrivance is at last spoiled by the Impossibility of Packing a Jury for the Purpose.

A Letter from South Carolina . . . Written by a Swiss Gentleman (London, 1718), 23-24.


70. Charge to a Grand Jury (1753)

BY LIEUTENANT-GOVERNOR ROBERT DINWIDDIE

Dinwiddie was lieutenant-governor of Virginia from 1751 to 1758, and his letters show him to have been vigorous and able. The charge to the grand jury was often made a political harangue. — Bibliography : Winsor, Narrative and Critical History, V, 268-270.

Gentlemen of the Grand Jury :

YOU are here assembled and sworn to the Execution of the most Important Trust that can be repos'd in Men. To enact Laws, is indeed the Work of the Supream Legislature, but upon the Execution of those Laws, not only the Happiness, but the very Being of Society more imediately depends. It is therefore from You, Gentlemen, that the Public is to derive whatsoever distinguishes a free and well govern'd Comunity from a Band of migrating Savages, who have no Principal of Action but Appetite, and no rule of Right, but Power. Temptations to Violence, and to Fraud are so various and frequent, that it is no Wonder they are not always resisted. Mankind are perpetually deviating into Disorder and Escaping from the Bond of Society. It is therefore necessary for the Magistrate to watch the Earliest Efforts of Oppression, and the first Sallies of Intemperance with the greatest Circumspection, and imediately to restore the general Order as often as it is interupted. The Crimes by which religion is Prophap'd, Allegiance