Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1851-07-18

morality or pTacucal HeedouI' NHeu VIC oo Hnu
any thing ofthe kind, we put an especial value upon
it, 1t is with pleasure, therefore, that we copy the
following article, which, by strange mischance,
/ found its way into the columns Of the Boston Bee,
an insect, whose honey. of late, mostly 10 have
been drawn from poisonous flowers. This is rare
exception
Independence of Juries and their Sovereign
Right of Judgment.
Mr.. Editor;-That the jury are the judges Of The
law and the factin all criminal cases, has not been
practically conradicted and repudiated by any Judge
in this State until quite recently. The occasion, as
well as the extraordinary mode of proceeding by
Judge Sprague, has naturally and very properly
drawn to the subject the serious attention and DELHI
crate consideration Of every one who enertalns the
belief that the right Of trial by jury is substantially
and practically something more than trial by sin
gle judge If it means anything-ii it is not mere
humbug to cheat the people out of one of their dear
est rights-if our fathers intended to abolish the
"Stdr Chandler Court" with all Its corrupt and
detestabe rules and prerogaves, by substituting and
establishing an independent and sovereign jury to
decide all criminal matters between the government
and the defendant citizen, -if jury Of twelve men
are still to be regarded safe and reliable deposi
tory OF power for the protection OF the rights of The
citizen against the arbitrary and unjust power of the
government, and the worse than fatal effects of a
wicked and oppressive law, and if the Fright oftria
by jury which cannot lawfully be denied to the
humblest citizen, be in point of fact, right 10 be
tried by sour peers our equals, not our superiors
or interiors; but by those who free to Judge
OF the law and the fact any and every other citi-
zen is, then necessarily follows, that the Jury must
be authorized, and as maintain are legally com
petent to judge of and apply the law to the evidence
In order to determine the issue, whether the defend
ant has committed crime or not.
| Whether special statute be or be not constitu-
tional is question which neither single Judge nor
the jury are competent to settle conousiveiy. The
Judge mag, he is in duty bound to do give his con-
SractioR of the law, and also his opinion in relation
to Its constitutonaty, but is nevertheless the duty
and the exclusive prerogalve of the jury to deter
mine whether the defendant has scommited the
crime' alleged against him or not 1t is a waste of
time and useless and deceptive formality for the
jury to listen to and weigh the evidence, and hear
the arguments Of counsel in criminal Matters and
then to be deprived the power and the right to
make up It's own unbiased and independent verdict
Ii the jury are bound to follow the opinion of the
Judge, their verdict cannot be regarded as that of
sour peers.' 1t becomes the mere dctum of the
judge and to call ''hia by jury'' is "a perver-
sion oflanguage, well calculated defraud the peo-
pie out of one of their most important and highly
cherished rights. The law and the evidence must be
the judge, before it can form or render verdict of
I guilty, in criminal case.
No Circuit or District Judge can legally or def
nitely settle the constuonaty off statute. And
the same may be said Of the Jury Before the Su-
preme Court of the United States pass upon that
question, which is the only competent authority
where is the safety Of every citizen who may be in
dlcted and tried under unjust and an unconsttu-
Ional law? where, we ask with great sincerity and
deep socitude, the defendant look for protec-
IBIS san Ss 5sah o iHFK sd
bold aud independent, and withal SO Just as 10 de-
clare State National law unconstitutional. al
+ though many such statutes have been passed. and
1 the defendants have In many Of those cases. found
the protection contemplated and manfestly provided
: Tor in the sovereign right Of judgment and ampl,
u power Of the jury
IS Every criminal law is proper subject for the iu
ry to look into and pass its Judgment upon it. not fo
the purpose of deciding the abstract question of it
constllntlonality, but to determine whether the de
= iendsnt is guilty Of crime or not. 1t was with n,
i small degree OF establishment and regret that W.
"a heard Judge Sprague intefrogate Juror in relation
to matter which is not wilhint the province or urs
dictlon ofthe jury to settle. The constuonality
the Fugitive Slave law not for the jury to pass up
on and definitely settle. Why then interroeate ia
ror or jury upon that question? WHY nut iuro
upon his voir dire upon matters which do rot com,
within his Jurisdiction? To juror to pass I'D
s on the guilt innocence Of defendant and at III
same time deprive him Of the right and power wlic
Is Indlspensably necessary to enable him TO arrive
such conclusion, is not only absurd but is daring
dangerous civil liberty, and may be regarded as al
unprecedented stretch Of judicial power for supre
,r macy atthe sacrifice of the independence AM
!. sacred rights of the jury itself.
In l770 Lord Mansfield with an Unsuitable lust fo
n judicial supremacy, did not, in so many words, de
ny the right of trial by jury, but he ATTEMPTED 10 rol
the jury ofs dignity, its power and its competency
to judge, by denying and insisting that should mel.
ther ''know have anything to do with the law
IN Its solemn and important deliberations met
amorphosing twelve men into as many automatons
Reader, do you call this substantial practical re.
azatIon OF trial by your peers, jury of your EEL
lows?
Entertaining for Judge Sprague, in his private and
public capacity, great respect especially for his ear
y and constant regard for the rights and his sympa.
thes with the too often abused and neglected sea.
, an;-regarding him not only as ii wise, intelligent
and humane judge but also devoted to the sustenta
ton and defence of the fundamental principles O
American Government and American Liberty in IT,
pure and elevated character, we have, notwithstand
ing witnessed his recent decisions in relation to thu
administration Of the Fugitive Slave law and the EN-
pannelfg of the jurors, with sincere regret and witt
, fearful apprehensons for the continued ndependenc,
# and integrity OF the jury in all criminal matters
Whenever this great depository of safety for the
rights of the citizen, which has come down TO us from
our fathers, and which has been established by the
people for their own protection against the arbrar,
power OF an oppressive government, shall become
> weak and poweress by the encroachmeLis of the ill.,
n dietary, or from any other combination OF causes
whatever, then, indeed, humanity may cease ia
symPathise with the oppressed. and American Lib
1 Vapp in vain TAFT I,e Iogs