Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1851-06-11
TrfnI by Jury.

Trial by Jury.
In all constitutional governments, the trial by ur
has been esteemed the palladium of personal liberty
and jealousy of its purity and integrity has eve
characterized all free people, while the enemies o
liberty have always sought to impair its action, ant
controvert its purpose The trial by jury is design
ed to secure impartial justice. 1t is the interpositiou
ofthe people between the accused and his accuser,
whose personal predictions supposed TO bias his
Judgment; and it is also barrier between the citi-
zen and possibly corrupt bench. The history of
faction does not present more striking chapter of
incidents than those which detail the attempts of uu-
scrupulOus executives and supple judicares, to in-
fringe upon this simplest and nobest of free nstitu-
tions,-and the records of freedom bear witness to
The popular veneration for, and devotion to this in
stitutiOn in its purity.
II is therefore, with pain and regret, that we have
noticed the action of Judge Sprague towards the jury
in the of Scott, lately tried for the alleged res
cue of Shadrach, as we think that in his course
throughout that trial. his Honor seemed to forget that
he the mere president ofthe Court, with limited
powers and prescribed du;ies,-not sovereign, tc
OiCldt0 dlulldllJs IultS vi dCt1OH. lie peTmllleO
questions to be put to the Jury by the District Attor
ney, which out of that functionary's province
which were nquisitoral, and consequently calcua-
ted to operate against the impartial trial of the pis-
oner. He aso in his charge to the jury, volunteer.
ed ipse drit upon the constutionality of the fu-
gilive slave law, which was most gratuous and I'M
called for and for which, any juryman would have
been justified in administering 10 him severe re-
buke. The habit of sitting in court seems TO impress.
some judges with the conviction that it is their Oym
pus; and that juries are mere accidental circum.
stances, which they have to control and direct; and
the general veneration which is felt for law and BY
association, for its administrators extending to ures
suffers this deusion TO become fixed But it should
be remembered that the jury is an element indepen
dent and uncontrolled, by law and truth, of thu
tribunal before which man is tried, and that tn,
judge has right to thrust himself or his opin
IONS into the jury.box, than the jury have to sea
themselves his BENCH to discourse of written law
The jury is not an accidental union of twelve men
whom the judge has honofed by calling them in t
see how he conducts trial, but it is an institution
provided for by the Constitution, ard its indepen
dence Of the court secured by every guarantee of sa
,- r'als- -A.A i'.ssrv-ry an
permit any one, judge or prosecutor, or whoever h
may be, to infringe in jot or title on his berte
as juryman, or to impair the dignity and purity {
the right, ofwhich he is representative, is guilty
what at least may be called gross neglect
would not be the first time that the simple, mani
dignity of juryman has made tseffelt on an abasf
ed and discounted corrupt bench.
We would not attribute corruption to jude
Sprague; we trust the honor Of Massachusetts iuds
is above susPicion-yet we cannot forget, that
Great Britain there has been Jefies, a Tressy liai
and Brax6eld, who in the passion of partizanshi
forgot the npartiality of the Judicial character, ar
disgraced and DETAINED the name of law, BY the
shameful attempts to mislead and bias juries.
IT becomes American ffeement 10 look with Il
most scruPuous jealousy upon every attempt that
even only apparently made, to stain the sacred ma n
Of law.