New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-11-08

jury trial You cannot deprive me Of 800 without
getting verdict from jury that owe you that
sum You cannot deprive me Of everything have
got or ever can get, OF my night to nyseh without
the Intervention of Jary, No Act OF Congress
can deprive NE Of that right due process Of
Law III my case mesns Jury trial.
The question narrows itself into the considera-
tcn Of the meaning OF the parade, due process Of
law, as used IN our State and National Constr
tutious. The history OF our Law setties TINS
question Due process OF law to deprive
nan OF his liberty means i jury trial. W g and
our ancestors have claimed this right as the pre-
rogative OF our race since the days OF Alfred the
Great. 1t has been established to us by the most
folemn acts Of Parliament Tor more than I'VE nun
dred wears. john the King, confessed that II De
l0need 10 when he signed the GfeaI Graito a.
Parliament declaring This right 70 be our Constl-
tu,ional and inalienabe right. Charles the sec
oud also put the same avoWal on record. ne
neople OF England took care to see this old Brtish
right publicly guaranteed when the relgnng lam
ilv of England was changed by Parliament upon
the accession OF the house Of Hanover. w have
changed our Kings and dynastiee, and even our
country but PC have never failed TO proclaim our
right to the Institution, often termed the bulwark
of civil liberty, jury trial. We made the with.
holding Of this right from Us when Colonies one OF
the causes Of our war, and proclaimed It III our
DECLARATION OIL luut pcHQBDtB Us hu lutOiCt tDiD
grievance. Due process OF law was always
understood by US to mean jury trials IN ali cases
involving cur personal liberty. The trainers OF
our State and National Constitution coming fresh
from e war undertaken to establish this right and
using words 70 guard our right OF well understood
mea. ing, used those words In a historical and
VI stakable sense. They had been the watch
words Of civil liberty since the days OF Algernon
Sidney No one could misunderstood them. They
meant bv due process of law, jury trials IN ali
cases where life or liberty at stake.
But it is unnecessary 10 resort to general pan
cples on such question. Our supreme Court
has given judicial construction to this clause OF
our Constitution. In case reportedin 4th Hills
reports, AZ, Justice Bronson 10 delivering the
opinion of the Court the meaning OF this phrase,
! says
1.-THE words due process OF Law cannot mean less than
prosecution suit instituted and conducted according
ohc prescribed forms and solemEiliea for asceranag
quilt determining the titie to property twill oe8een
that lie OF protection en-
croachmeus is extended TO tc liberty and property
ard if the latter be taken without forensic trial and
"uds ent there Is no security for Tie olher5 u me e
"falure axe the properly OF A. and transient 70 B.
they take a. himself and either shut him W IN rfson
pu liu death, but OF these things caH be done
"ty mere legislation There must be 9 due process Oh
The definition of due process of Law is
merely Il description Of suit, civil or criminal
conducted according to the law and custom Of
England and of our country. 1t embraces IN its
terms all the rights which our ancestors undou5t-
edy meant to secure to as when they placed due
process of Law in our Courts as sure protec
ton against all unlawful aggression whether that
aggression come from Government or hn indlYld-
nal.
1t is in vain 10 obscure this question by saying
that the escaped criminal might with equal reason
claim the application of this rule and demand
trial here. He is arrested for the very purpose of
trial, and he will be convicted or acquitted by
educ process OF Law, viz: the verdict OF Jury
The arrest is merely to bring HIM before the Court,
where he already stands indicted. Bat suppose
that his only trial to be here when delivered,
that he was claimed to be crecAted instead OF be-
ing claimed for trial, would he not be entitled to
| due process of Law before being punished rs
criminal? Could he be sent to the gallows on
certificate signed by some Clerk in a Judges Of
fee, who has been " satisfied by some means that
the man should be taken aud huug7 The delivery
which is made OF the pretended Slave to his mas
ter is the final execution Of that man. Can 1t be
seriously said that due process OF Law means
merely this certificate obtained perhaps by bribe-
ry or perjury Can he be consigned to endless
Slavery by this Star Chamber proceeding See
witnesses, no jury, baye no one to appeal to but
the obscure and needy dependent OF some Judge;
n person unknown to the Constitution and respon-
sible to no one, who has a direct pecuniary inter
est In sllcnclng HIM. Commissioner, rs ne is
termed, from whose decision, like that of the In
QUESTION of the dark ages there is no appeal Is
This all that VIC gain by having ourllbertles guard
ed by q due process OF Law "
II the Constitution does not in express terms
deny him a Jury trial he retains that right. All
rights remain in the people, which have not been
yielded by the Constitution TO Congress- and Con
gross can make no law which will deprive man
o any right which the Constitution did not clear
" take away from him
10 slow Congress 10 take away any right not
taken by the Constitution, by simply passing an
act taking away that right, would PROSTATE the
Constitution. Congress would have merely to en-
act that its acts should be due process of law"
and then take life by bill signed by the Presi-
dent enactirg that John Smith be forthwith hung,
or Peter johnYon give his farm to the Secretary of
State. Every person has the right to submit such
questions to a Jury OF his peers. AS this act Of
Congress aims to deprive him of that right, it
comes in direct collision with the Constitution
One the other must give way. Let the Const
tuition stand, but LET THIS UNLAWFUL LAW BE AS
LAW. HIS.
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