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CHARGE TO GRAND JURIES. 391
every man's door, was obvious; but how to do it in an
expedient manner was far from being apparent. To
provide against discord between national and State
jurisdictions, to render them auxiliary instead of hostile ^9 each other, and so to connect both as to leave
each sufficiently independent, and yet sufficiently
combined, was and will be arduous.
Institutions formed under such circumstances
should therefore be received with candour and tried
with temper and prudence. It was under these embarrassing circumstances that the articles in the
Constitution on this subject, as well as the act of
Congress for establishing the judicial courts of the
United States were made and passed. Under the
authority of that act, this court now sits. Its jurisdiction is twofold, civil and criminal To the exercise of the latter you, gentlemen, are necessary, and
for that purpose are now convened.
The most perfect constitutions, the best governments, and the wisest laws are vain, unless well administered and well obeyed. Virtuous citizens will
observe them from a sense of duty, but those of an
opposite description can be restrained only by fear of
disgrace and punishment. Such being the state of
things, it is essential to the welfare of society, and to
the protection of each member of it in the peaceable
enjoyment of his rights, that offenders be punished.
The end of punishment, however, is not to expiate
for offences, but by the terror of example to deter
men from the commission of them. To render these
examples useful, policy as well as morality requires
| Title | The correspondence and public papers of John Jay - 3 |
| Creator | Jay, John |
| Publisher | G.P. Putnam's Sons |
| Place of Publication | New York, London |
| Date | [1890-93] |
| Language | eng |
| Type | Books/Pamphlets |
| Title | 00000426 |
| Type | Books/Pamphlets |
| Transcript | CHARGE TO GRAND JURIES. 391 every man's door, was obvious; but how to do it in an expedient manner was far from being apparent. To provide against discord between national and State jurisdictions, to render them auxiliary instead of hostile ^9 each other, and so to connect both as to leave each sufficiently independent, and yet sufficiently combined, was and will be arduous. Institutions formed under such circumstances should therefore be received with candour and tried with temper and prudence. It was under these embarrassing circumstances that the articles in the Constitution on this subject, as well as the act of Congress for establishing the judicial courts of the United States were made and passed. Under the authority of that act, this court now sits. Its jurisdiction is twofold, civil and criminal To the exercise of the latter you, gentlemen, are necessary, and for that purpose are now convened. The most perfect constitutions, the best governments, and the wisest laws are vain, unless well administered and well obeyed. Virtuous citizens will observe them from a sense of duty, but those of an opposite description can be restrained only by fear of disgrace and punishment. Such being the state of things, it is essential to the welfare of society, and to the protection of each member of it in the peaceable enjoyment of his rights, that offenders be punished. The end of punishment, however, is not to expiate for offences, but by the terror of example to deter men from the commission of them. To render these examples useful, policy as well as morality requires |
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