The Manitowoc Pilot

The Grand Jury System -How its Abolition Works in Michigan.
Some eight years ago the ancient and time-honored institution of the Grand Jury was practically abolished in the state of Michigan. Such juries are no longer required to present bills of indictment in the state courts, but criminals are arrested, examined and tried upon "information" filed by the prosecuting attorneys of the different counties. The Grand Jury is thus in effect wholly dispensed with. The result has been to save a large expenditure to the people, to expedite justice, and to make all court proceedings public. Attorney General Williams of that state, in a recent report, submits the following remarks in relation to the working of the present system: "A tribunal that sits in the dark and secret places (like the Grand Jury.) carefully avoiding light, with its proceedings wrapped in mystery, and holding an inquisition upon whomsoever it will, and with but one ear hears accusations, and then, in mock and ignorant solemnity, judicially declares men "felons," without notice or opportunity to them to be heard in anywise in self-defense, is truly not in harmony with the spirit or genius of our governmental system, or the age; and should be entirely and forever thrust aside. An arrest or a warrant issued by, and an examination had before a justice of the peace, the justice finding from the testimony elicited on the examination that the crime alleged has been committed, and that there is probable cause to believe the accused guilty thereof: certifying such testimony, finding and all the papers connected therewith, to the proper Circuit Court; this testimony, finding and papers then becoming the foundation for the prosecuting attorney to make and file in that court an "information" upon for the same offense and no other, and upon which information the accused is arraigned and tried, in all respects as upon a bill of indictment, the accused at each step of the proceedings having an opportunity, aided by witnesses and counsel if desired, to defend himself-I submit that, with such a system for the trial of persons charged with felonies, none but the guilty need be alarmed; and, surely it may well command the good judgment and approbation of all. And the best evidence, to my mind, of its wisdom, is that, in this state, grand juries, of late have very, very seldom been called; and that, during the two years I was prosecuting attorney of my own county, and the four years next thereafter that I had the honor of being the Attorney General of the state, no complaint came to me, or as far as I know or believe anywhere existed, on the part of any one, of the abuse of this "information" system. A great saving of expense to the people, open and ingenious, working always in the very sight of the accused and the people, characterized by no obscure or unfair proceeding, attended by no unusual or unnecessary delay, and allowing the largest liberty, at each step, for complete defense or extenuation on the part of the accused, it is now impossible, tested as it has been by almost eight years experience, and with the result above stated, to do otherwise than insist that it is no longer an experiment, but one of the fixed, wisest and best features of our criminal law; and as such, to heartily, confidently and proudly commend it to all anxious enquirers after judicial reform. Carefully framed as this act was, to accomplish so great and valuable an end, it will, as it should, become a proud monument of the wisdom and foresight which characterize the ever early unmistaken march of intelligent and enterprising people of our fair Peninsula, to the very front of improvement and civilization. Frequently called upon from abroad, by eminent gentlemen, for knowledge as to the workings of this our information system, and knowing the deep interest taken in it by the people of the State, I am convinced that a statement by me, at this time, of the foregoing views, is both needed and justified."
The Detroit Post, in which we find the above extract, adds its testimony in favor of the new system. It says that the views expressed by the Attorney General respecting it are, in its opinion, unanimously concurred in by the bar, the press, and the people of Michigan, and it expresses the belief that other States cannot do better than to follow the example and abolish the Grand Jury.