Page:The Supreme Court in United States History vol 1.djvu/85

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THE FIRST COURT AND THE CIRCUITS
69


mental principles of the new Constitution and Govern- ment and the provisions of the Federal statutes and definition of the new Federal criminal legislation be- came known to the people. As was said by a contem- porary newspaper : "Among the more vigorous produc- tion of the American pen, may be enumerated the various charges delivered by the Judges of the United States at the opening of their respective Courts. In these useful addresses to the jury, we not only discern sound legal information conveyed in a style at once popular and condensed, but much political and consti- tutional knowledge. The Chief Justice of the United States has the high power of giving men much and most essential information in a style the very model of clearness and dignity." ^ No better exposition

1 Farmer'* W*^ Museum (Walpote, N. H.), June 17» 1799. The Qrcuit Court for the District of Omnecticut was opened at New Haven, Tlraraday, April ^, 1790, by Jay, Gushing, and District Judge Richard Law:

  • 'His Honor the Chief Justice delivered an eloquent and pertinent charge. . . .

The session continued until Saturday during which the several civil causes were heard and sundry rules and regulations adopted for future proceedings. The good sense and candor of the Judges has left an impression on the minds of the public, favorable to this new institution.*' Liierary Diary qf Ewra Stiles (1901), Hi ; GaMetU qf the Uniied States, May 5, 1790. At the October session of the Curcuit Court in Connecticut in 1790, the Chief Justice in his charge to the Grand Jury

  • 'made many pointed remarks on the nature of certain offences and the duty of

the Grand Jury and delivered the whole with elegant simplicity and precision", CotmeeHcui CourarU, Oct 25, 1790. The opening of the Circuit Court in Massachusetts was described in the Boston Oaaette^ May 10, 1790, as follows : "Monday last agreeably to law a Circuit Court of the United States for the Massachusetts District was held before Chief Justice Jay, Judge Cushing and Judge Lowell. After the usual forms were gone through and the Grand Jury impannelled, a charge was given them by the Chief Justice and the Throne of Grace addressed in Prayer by the Rev. Dr. Howard — the fol- lowing gentlemen were admitted Counsellors, etc. Tuesday, the Grand Jury came into Court and presented one indictment after which they were dismissed by the Chief Justice. The cause, Nebon v. De Baury, was discontinued by the plaintiff in order to bring it before the chancellate of the Consul, agreeably to the Convention agreed on between France and the United States and recently pro- mulgated. The criminal cause was continued to the next session on the plea of the defendant that very essential evidences were absent"; see also Columbian Ceniinel, May 5, 1790, and Independent Chronicle, May 27, 1790, giving the charge of Chief Justice Jay in fuU ; see ** elegant charge " of Judge IredeU at Boston, Inde- pendent Chronicle, Oct. 28, 1791 ; charge of Chief Justice Jay in Massachusetts '* replete with his usual perspicuity and elegance ", Columbian Ceniind, May 6,