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

the history of the bench across the Atlantic.
Examine trials, civil and criminal-Iheir
convictions for lihelsu the government
the charges of judges upon such occasions,
and their evident predictions in favor of
crowns, princes, potentates and dynasties,
and mark the insignificant, powerless, -ero-
( ike position which juries have occupied in
these enormities. When we follow that
pattern without variation, we follow
/ Medusa, whose look will transform US into
stone.
Mankind are fallible, subject to passions,
preiudces, caprces, decisions. Men are
ambitious and conceited, and in proportion
as they are so, are unwilling TO acknowledge
themselves in fault or error. Promote a
man--raise him little above the common
level, and he faneies that he has character
and dignity to sustain, and that anything
else is better than TO acknowledge fault;
while he denies the error, the majority will
believe the denial, and he will be enrolled
among the profound, the infallible. Can
we deny, that these are the legitimate eff
fects of false pride of opinion, and an
overweening ambition, when every page of
history is full of demonstrations, that the
same principle has deluged the world with
blood, and has filled every town, hamlet and
cottage of Europe, with the tears of misery
and woe' Ii is an axiom in moral philoso-
ply, that restraints are necessary to confine
men within proper bounds. Ii is upon this
basis that all well regulated governments
are established, and it is for this reason that
| it is necessary to have any government at
| ALL Were it otherwise-were men perfect
You might abolish all laws, and society
would experience no Inconvenience. Or
were men mere machines. obeying certain
fixed and Interchangeable laws, as do the
/ planets in their revolutions around the sun,
and as does the solar system, il theories are
/ true, in its revolution around the grand CEN
/ tire of the universe, YOU might tear down
every fabric OF human legislation, and all
would still proceed peacefully and harmo-
niously. But we act upon different by
polhesis-upon different fact. The mem-
bers Of the human family may do good or
evil, and will do good or evil, as motives
are presented to them, and restraints remo-
we'd. Every code of laws that was ever
/ framed and published to the world, admits
the necessity of limiting in some degree the
rulers recognized therein; although it must
be acknowledged that in many instances the
| far too prominent 1t needs no fine-spun
argument, or subtle logic TO establish the
position that there should be certain and
/ well defined limits TO the prerogative of
every officer Of State. Upon any 9th
err suppositon, the various departments
would encroaci upon each other, and dis
cord, dismay aud Ruin would be the ineyita-
BILE consequence. The old ship would he
tossed about upon the crazy waves of the
ocean, and dashed to atoms against the
rocks of usurpatlon and tyranny.
! Why do we circumscribe and limit the
executive and legislative department.
WHY are you Jealous of the eeto--not abso-
late, but qualified reto, of your Governor,
and of the President of the United States 7
You say it is Kingiy-a Dictatoriat power,
and to some extent you are right. too am
opposed to everything that looks like Die
tatorship. ! detest that decree of the Ro-
man Senate that empowered the consul " 10
take care that the Republic receiDed no det-
riment" II opens the door TO unlimited
oppression and misrule.
BY the proposed amendment, if adopted,
the line will be distinctly drawn between
the bench and the jury box. The circle of
popillus will be drawn around the Judge.
beyond which, if he tread, the strong arm of
the law-the iron sinews Of the constitution,
will be stretched over his head, which viii
make him know and feel that he cannot
transgress with impunity. The judicial is
the most important branch of government.
( Ii is all-p0werful for veal or for woe. Ii
may give force and effect to an enactment
of the legislature, or pronounce it void. 1t
III
/ liberty. In a word, it Is The ruling power
:" still as the breeze, though dreadful as the
Storm" Such fmnctionary should have
some definite duties TO perform-some pow
erful guards around it. ! do not propose 10
/ introduce a new principle, ! only claim a
recognition Of the old. | wish 10 renstatc
the ancient trial by jury, assigning to it It's
original prerogatve, and opening a great
/ gulf between it and the bench. For one,
have great confidence in the body of the peo-
pie. They are generally honest. particular
" so are they in political affairs. There is
no motive or inducement to be otherwise,
any more than there is TO defraud them
selves. Juries are selected on a short no
tice from the body of the people, and nee
essarily come forth possessing all their ex-
cellent qualities and qualifications. They
are usually composed Of men Of everyday,
unauthorized, good common sense-men
who in the great majority of cases are more
likely to arrive at correct and lust cOnclu-
sions, and to deal out even-handed Justice
between man and man, than men trained
solely to the technicalities of the law.
would not have you destroy any wholesome
rule Of action. | differ with rcformers in
their attempts to run outall law and to abol-
ish all forms Of action. There is nothing
clearer to my mind than that where there il
any substance there must necessarily be some
form. But what ] complain of Is that the
prerogative Of juries is swallowed up in the
vortex Of the bench. In this repeat that
reform is Standardization from Maine 10
F Texas, and from Florida to Wisconsin,
/ IHcre the SNEAKER read frf.rr, Mr. CIntfoIIs.