Wisconsin herald. [volume] (Lancaster, Wis.) 1846-1849, 1848-01-15

iheT authority SO Iar as TO me Juror Tor
not agreeing TO particular verdict. Such
iusurpation renders the trial by jury mock
cry; and Il j. but reasonable for Judge to
know and to feel thai there are well defined
4 limits to his authority where the authority
of others beyins.'
The fact i, jurors have been, and are,
mere machines in the hands of the courts;
+ they act merely as they are acted upon
speak as they are spoken through. They
are ordered out like hounds to do the bid
ding of their master; whereas they should
be treated like men, and be permitted to
draw their own conclusions from the prem
ises presented, however such conclusions
might differ from those of the court,
MIR. Presidtnt-You have heard the fa-
bic Of the wolf and lamb. The wolf SAYS
to the lamb, "quit stirring up that water;
you make it muddy while wish to drink. y
The lamb informs him that il must be a
mistake, since he (the wolf) is higher up
the stream, and the water flows rapidly
from him.
do you presume 10 contradict me TO my
face;" Besides you slandered me several
yeors ago by saying that was terocious
wild beast"
The lamb says that is impossible, because
that was before he was born--he being only
six months old. "You scoundrell do you
persist in your contradiction" " BY your
nonsense You have already detained me
from my breakfast" AT this moment the
wolf snarls, tears the lamb in pieces with
his claws, and directly he is undergoing the
beautiful and mysterious process of diges-
tion in the stomach Of his wolfish majesty
SucIe to a greater or less degree, from time
immemorial has been the relation existing
between the bar and jurors, and the bench.
Courts here have in effect exercised an
absolute reto power upon the verdict of iu-
ries, in the first place by directing them
how to find, by charging them, by making
set arguments and speeches, at the same
time, inadvertently perhaps, putting on all
OF the necessary grimaces peculiar to old
and well practiced advocates, raised from
the bar to the bench; the sneer of contempt,
the leer of irony, The toss and swagger OF
self-sufhclency.
In the second place they have had an ab-
Sota'e ceto power by awarding new trials
ad minimum, and prostrating the conclu-
sions to which they have arrived into the
dust, and trampling upon the, In word,
-
Ueto sicoFd, with which they could cut and
carve the very yitals out of any cause or
any victim that happened to come within
their Jurisdiction. Does this comport with
the principles of our free institutions? Is ii
not kingly-dictatorial Even with the
proposed amendment incorporated into our
bill of rights, the bench viii have power
enough ia & conscience, without any ac-
ton of the legislature upon the subject. :
| would have the power of awarding new
trials, besides the exercise of those powers,
which all are willing to admit, belong ex-
clusvely to his prerogative. am satisfied
that any legislature, in opening the way
for the couri to convey his law to the jury,
would do il right--would do il in way
similar 10 that suggested in the resolution
heretofore introduced IN this convention up
on that subiect-that they would confne il
10 the abstract principles applicable to the
cause, which are generally few, and would
require that they be reduced TO writing, and
that they he mp!ea part of the record. BY
this plan there could be no lodging of the
question, and any intervening error could
be easily corrected in the court above.
What then, | ask, are the objections 10
the amendment? Do you say It is tegista-
ting? deny it. IL is only declaratory of
the principle, and leaves the balance 10 be
prescribed by the statute" The amend
mendment adds but about two lines TO the
original section, and comprehends all the
essence and spirit of the resolutions referred
to. There Is nothing like detail about it,
The legislature in opening the mouth of the
bench would doubtless do il in such way
that he would not be able to swallow the
jury bodily. N
But it NAV be contended that the end will
not be attained, as the legislature win have
the power to open the doors as wide as ev-
err. Suppose, sir, that you knew there was
a igei 10 y0nder forest. IL would concern
you but little. You say he will hardly trou-
Bile me. There are 80 many others about
for him 10 catch aud to eat, | shall doubt
less remain unframed. That might be all
true. But, suppose, by good luck you catch
that tiger, aud secure him well IN your cage.
You put an iron collar around his neck,
with a chain attached thereto. iou are
the last man that win turn him loose, be-
cou.e you might well suspect that he would
return, prowI around your dwelling, devour
your poultry, and perhaps, for a change oi
Diet yourself; all Of which would be rather
an unpleasant operation TO any sensitive,
refined and cultivated parsonage.
The legislature would hardly turn loose
upon the world this herd of legal, Judicial
tigers They might and probably would
give them liberal length Of chain, so that
they would enjoy a good degree of health;
and 70 that they could exercise the prerOg-
alive which properly belongs to that de-
partment.
Are we ready TO protect the trial by jury
or shall we abolish IL, Are we ready TO
snatch the laurel wreath from the brow Of
the goddess Of Liberty, and place thereon a
chaplet Of Kissing yipers, whose poisonous
fangs shall plant and imbed themselves
within her very yitals,
fit be the name Of trial by jury, that en-
amors yon, you can get something that VIII
Ia a. veil. rerhans heller. tiIan fesh and