Judge Peckham Jury Charge Concerning Military Commission

[Marty L.]

In his argument against the constitutional jurisdiction of the commission, Reverdy Johnson quoted at length (Pitman at 261) from a grand jury charge that had recently been given by Judge Rufus Peckham, in New York court, inveighing against the Lincoln commission. The quotation included the following:

"A great crime has lately been committed, that has shocked, the civilized world. Every right-minded man desires the punishment of the criminals; but lie desires that punishment to be administered according to law, and through the judicial tribunals of the country. No star-chamber court, no secret inquisition in this nineteenth century, can ever be made acceptable to the American mind. . . .

Grave doubts, to say the least, exist in the minds of intelligent men as to the constitutional right of the recent military commissions at Washington to sit in judgment upon the persons now on trial for their lives before that tribunal. Thoughtful men feel aggrieved that such a commission should be established in this free country when the war is over, and when the common-law courts are open and accessible to administer justice according to law without fear or favor. . . .

The unanimity with which the leading press of our land has condemned this mode of trial ought to be gratifying to every patriot."

I have been enable to find any record of Peckham's grand jury charge, or what came of it, other than R. Johnson's use of it. I assume, however, that Johnson must have gotten it from, for example, a newspaper account.

Can anyone help me track it down? Thanks very much.

[Steve]

Judge Peckham's speech was reprinted in numerous newspapers across the country in May 1865, but it was only reprinted in parts so it was difficult to find a copy of the whole speech. Eventually I found the speech reprinted in the May 16, 1865 edition of the local paper, The Argus of Albany, New York:

   

Judge Peckham gave his speech following his charge to a Grand Jury being empaneled for the Court of Oyer and Terminer at Albany City Hall on May 15, 1865. (Peckham was the Supreme Court justice who presided over that court.) The article specifically mentions the Grand Jury investigating

• Violation of the Excise law
• The vending of lottery tickets
• The taking of Usury
• Extortion
• The purity of the Elective franchise
  

[Marty L.]

Exactly what I was looking for, thanks, Steve! Any idea if the grand jury took him up on it or any other developments thereafter?

(10-17-2017 04:47 PM)Steve Wrote:  Judge Peckham's speech was reprinted in numerous newspapers across the country in May 1865, but it was only reprinted in parts so it was difficult to find a copy of the whole speech. Eventually I found the speech reprinted in the May 16, 1865 edition of the local paper, The Argus of Albany, New York:



Judge Peckham gave his speech following his charge to a Grand Jury being empaneled for the Court of Oyer and Terminer at Albany City Hall on May 15, 1865. (Peckham was the Supreme Court justice who presided over that court.) The article specifically mentions the Grand Jury investigating

• Violation of the Excise law
• The vending of lottery tickets
• The taking of Usury
• Extortion
• The purity of the Elective franchise
  

[Steve]

Since the Grand Jury had nothing to do with anything related to Peckham's speech, I don't think it really mattered anything. Since Peckham had been a former Democratic Congressman, I suspect the speech was really intended for the newspapers rather than the Grand Jury. A September Arugus article lists the Grand Jury indicting people for crimes like larceny, assault, attempted rape, and attempted murder (although I don't know enough about the New York court system at the time if those were indicted during the May term Grand Jury).

Interestingly, the one follow-up I could find was a condemnation of Judge Peckham for making a "stump speech" before the Grand Jury in the 16 May 1865 edition of the Albany Evening Journal. I can post a copy of the columm if you're interested.

[Marty L.]

Thanks, I'd like to see that, Steve.

[Steve]

(10-18-2017 09:55 PM)Marty L. Wrote:  Thanks, I'd like to see that, Steve.

From page 2 of the 16 May 1865 edition of the Albany Evening Journal:

   

Unfortunately, the quality of the scan/image might make it difficult to read a few words.

[Marty L.]

For some reason, I am unable to view or download this article that Steve posted (and was able to do so earlier). Any ideas on how I might access it?

(10-17-2017 04:47 PM)Steve Wrote:  Judge Peckham's speech was reprinted in numerous newspapers across the country in May 1865, but it was only reprinted in parts so it was difficult to find a copy of the whole speech. Eventually I found the speech reprinted in the May 16, 1865 edition of the local paper, The Argus of Albany, New York:



Judge Peckham gave his speech following his charge to a Grand Jury being empaneled for the Court of Oyer and Terminer at Albany City Hall on May 15, 1865. (Peckham was the Supreme Court justice who presided over that court.) The article specifically mentions the Grand Jury investigating

• Violation of the Excise law
• The vending of lottery tickets
• The taking of Usury
• Extortion
• The purity of the Elective franchise
  

[SSlater]

This is amazing - I am searching for details of this court, since they decreed that Sandford, Merritt and Montgomery, {Richard Reynolds Montgomery) committed "Perjury. rank Perjury", in their testimony to the Commission.
My interest, right now, revolves around the fact that Montgomery's name does not appear in the U. S. Census from this point on. He is shown before 1860, but not after the war. He is clearly identified as a child, followed by his marriage and fatherhood. After this trial the "father" of the children is shown as UNKNOWN. (Is this Perjury?)
His trouble came about because he was a Double Agent - but favored the Union. (He was a Major in the Adjutant General's Office). All of his testimony was labeled Perjury (by the defense).
I.m trying to figure out if he was PUNISHED for his "Perjury, or was he PROTECTED , by the Government (by hiding him). and he did tell the truth. (I will keep you informed in another posting)

[RJNorton]

Marty, I tried to enlarge the article Steve posted. It's still not very clear but hopefully still able to be read (or at least mostly so):

[Marty L.]

Thank you, Roger. I apologize: I meant to ask how I could download (not simply read) the article Steve posted earlier in the thread, containing Peckham's charge to the grand jury. When I click on it, it tells me I have to sign in--but I'm already signed in.

(01-19-2018 05:12 AM)RJNorton Wrote:  Marty, I tried to enlarge the article Steve posted. It's still not very clear but hopefully still able to be read (or at least mostly so):

[RJNorton]

Hi Marty. I will send you a copy of Steve's file via email. if you open it in a program such as Window Photo Viewer, you should be able to enlarge the print to a readable size.