Eastern times. [volume] (Bath, Me.) 1846-1857, 1851-03-13
VOL. V.

HAL, VI d lew idNUTtu men.
Such judicial institutions would, in such
governments, become most dangerous political
engines and soon break down and destroy the
despotisms of the EARTH Despotism feeds on
Ignorance and fourishes in political darkness,
while freedom grows strong and vigorous as
it is nurtured BY light and intelligence.
Therefore it is that just in proportion to the
degree of freedom enjoyed by people, just in
that proportion will you find them solicitous
for the enactment of wise laws, and for the
faithful execution of their laws.
have said that our jury system is equally
valuable as political Institution, as it is an
element of our Judicial department So gen.
tlemen do | deem it. Yet no conceivable sys-
TEN could be devised which would for a mo-
ment induce me to desire 10 abolish it or cur
tail its influence as connected with our courts
of justice. In fact its whole political influence
grows out of its judicial character, and to abol-
ish it as judicial institution overturns its
whole political influence also.
1t is frequently objected that Investigations
BY grand juries and trials by traverse jures
are attended with great expense and long de-
laws Grant that it be so. Is not that equal
ly true of our whole system of government =
1t would undoubtedly be cheaper to have our
laws compiled by one man than by our legis-
lature composed as it is of hundreds of men,
II oil ho thaf
could find a single individual who would pos
sess the knowledge, experience and honesty
of the hundreds, it might be well TO adopt that
mode of enacting laws, in the place of our
present system. But the experience of the
world has been that the interests of the many
are not safe, when thus controlled by indvidu-
al will. Individual, irresponsible power is
despotism, despotism is selfish, and sooner or
later becomes corrupt and oppressive. To
guard against such results we do not hesitate
10 incur large expenditures, and thereby in
the end. find our liberties better protected, our
people more enlightened, and our wealth in
creased.
Grant, then, that trials may be conducted with
greater facility by court without than with
jury-that the expense would be much less,
and that in consequence of the greater learn
ing and longer experience of the Judge, he
should occasionally arrive at more correct con-
cusions than would jury. What then q
Shall iuries therefore be discarded, and a judi
cial despoiism established think not. The
same objections would be against irresponsible
power in the judicial as in the political depart
ment of the government. Nor do | concede
that Justice would be better or more correctly
administered even by a wise and honest
court, wit hout, than with jury. The expe-
rience and practical common sense of jures are
very much more likely to arrive at correct con-
clusions or TO facts, than would the greatest
learning of judges acting alone 1t is this
union of both these elements which has brought
our judicial system to higher degree of per-
fec,on than it has attained in any country.
But it is frequently objected to grand jnries
that they hold their sessions in secret-that they
work in the dark, and that the accuser and the
accused are not brought together face 10 face,
before them, and that therefore great injustice
NAV be done to innocent persons by the mis-
representations or falsehood Of wicked or pre-
JUDGED men.
That such results do sometimes flow from
the operation of our present system, can not
be denied. Prejudiced, envious, malicious
men do sometimes seek to inhict injuries upon
their fellow men by resortng TO the rooms of
onr grand juries, where under plausible pre-
texts, by suppressing material facts, by misrep-
resenting others, or by absolute falsehood and
perjury, they procure indictments against in
nocent persons.
The fact that such occurrences do sometimes
happen, should induce you TO act with great
circumspectioH, and to scrutinize with great
care, not only the facts stated by accusers, but
to ascertain if possible, the motives which in
duce complaints, before you take any defnitive
action, by which the rights or reputation Of
any citizen is put in jeopardy.
1tlt let HE ash WIldl SuUStllutC Cdi ultSC Ou-
jectors propose, which shall obvate the evils
of which they complain! Grimes have been
committed. and until the world shall be inhab-
tied by race superior to any yet known, it is
but reasonable to anticipate that "offences must
come" Shall these crimes go unpunished =
Shall all laws against offenders be repealed
Shall the weak and the defenceless be unpro-
tected Assuredly not Criminals must be
tried and punished. To do this accusations
must be made, process must issue. To whom
shall these accusations be made, and by whom
shall this process issue, Shall the accuser
be authorized Of his own motion, or his own
motive perhaps, to intercept the citizen at his
business, and without notice, and perhaps
without excuse, drag him before court for
trial, and expose his victim to the expense
and disgrace of public examination, merely
to crafty his own malignant desires, Or
shall he be permitted to approach the Judge,
who may be involved in other business, and
who will be required to preside at the final
trial of the accused, and whose mind should
be free from all prejudice or bias, and by ex-
parte testimony induce that officer to issue his
mandate and cause the suspected person to be
seized and brought before him!
Would innocent persons be less liable to be
falsely accused by the adoption of such sys-
tens, or In fact any other that can be devised,
than they now are under the safeguards which