1. By turning to the fifth article of the amendments to the Constitution, you will find these words: “No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury; except in cases arising in the land or naval forces, or in the militia, when in actual service, in time of war or public danger.” This constitutional provision makes a Grand Jury a very important agent or instrumentality in the execution of the laws, and also a safeguard of the liberties and rights of the people. It secures every person from the expense and disgrace of a trial for infamous crimes, unless a Grand Jury of his countrymen[442] shall find upon inquiry and investigation, that there are good reasons for believing that the person so charged has committed the alleged offense. 2. This provision not only protects those who are charged with these crimes against the laws of the United States, but those also who may be charged with such offenses against the laws of any State; for no State can arrest and try any person for a capital or infamous crime without these preliminary proceedings of a Grand Jury; and should it do so, the United States Supreme Court would set its laws aside, as contrary to the Constitution of the United States. Here we see that the government is just as careful to protect its citizens from injustice by hasty judicial proceedings as it is to punish them after a fair and impartial trial.
3. A Grand Jury, when called to take cognizance of violations of the laws of the United States, to find indictments against those who are charged with them, is summoned by a judge of a United States court in the circuit or district where the alleged crime has been perpetrated; and it must take notice of all crimes against the laws of the United States, which may be brought to its knowledge, within the circuit or district in which it sits. Hence, if ordered by a Circuit Judge, its powers extend over all those States which lie in that circuit. But when ordered by a District Judge, its powers extend only to that district in which it sits, and a district never embraces more than one State, and in many cases a State is divided into two or three districts.
4. This shows us how much more extensive is the jurisdiction of a Grand Jury, when acting under the laws of the United States, than when acting under State laws. In the former it extends generally all over a State, and sometimes over several States. But in the latter it is confined to the county in which it sits.
GRAND AND PETIT JURIES.
 
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