Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1848-03-03

Art. J. Sec, ), OF tie new Constitution says
" The right Of trial by jury shall remain inyioatq,
and shall extend to all cases at law, without regard
to the amount in controversy but jury trial may
be wai' el by the parties III all cases in tbs manner
prescribed by law
This seems 10 me equal 70 declaration that we
shall have no trial by Jury. 1t Shall remain inyio.
lltc--that is, it shall be as it is at present. and at
present our trials are any thing but trial by jury.
They are trials by law, lawyers and Judges, but the
Jury have littc to say in the matter they are al
ways acted on ana influenced by the lazy ers and
the court. What | understand by trial by jury is
a decision bya certain number of disntcrcscd per
sons between two disputauts, according to their
knowledge of right and Justice The verv idea OF
jury at all prcsuppo>es that they might differ some
in opinion from the iudge-othcrWisc, a. was beau
tifuily expressed by Mr. Lakin in Conl enion. ew
would do Just as we'll And so they would, for the
Jury is not allowed to differ in opinion with the
Jud-c-.or if they do lie sets tie verdict aside and
grants new trial
Art !. Sec o. Of the new Constitution prohibits
trial by Jury in the Supreme Court and gives that
Court 4 experimenting control over all inferior
courts and says 1t shall have power TO issue
yyrts Of habeas corpus. mandamus. injunction, quo
Harranto ceriorari and other original and remedial
wits and to hear and determine the same.
Now, all these latin phrases arc merely terms
u.cd in law for upseting the decision Of Jury that
tie Judge and lawyers may take the case into their
own management. Our Judiciary system is per
feet dcspotism and must be reformed In a fsw
years it VIII be looked back on as we now look on
the Spanish nquisition.
The manner to commence the reform under the
ncw Constitution is, for the people 10 that Tn
bunas Of Cancellation shall be established in eve
rs township Let their benefits be once made known
practically 10 The people and they will never be dis
nails may be made to resemble tie ancient trial by
Jury but tue great object is, not 70 initiate ancient
forms, but to produce peace in community, and,
without cost TO bring justice home TO every man :
door without denial OF delay.
Whether this can lie done or not depends on Inc
capacity Tor the people Tor scil-gorerument IihHy
cannot govern ,hemsel'cs-if they must have a
despotism over them, TO keep them from robbns
and numbering each other, their own present judi
ciary system may do as well as any thing else. But
4 il five Judges about thousand lawyers, with few
constables and hangmen. can govern two hundred
/ thousand people. II would seem 10 be a light task
/ fof one man TO govern ono man-hiu,>en That
Is if each individual could keep himself rom rob
7 bng or numbering his neighbor, which think he
might do By good training and the assistance Of
others then We would need no awful and mysterious
power over US to keep US IN subsection.
4 good system OF government can never be built
/ on a bad system Of morals. Wiiuess, Mexico Ire
( lard Spain 81 Lnrore oprsrs'en Of morals ha,
! IL L5d,v ..a71el j. has, Jecn entrusted :" fci