Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1851-01-09
INDIANAPOLIS, THURSDAY, JANUARY 8, 1851.

instructions to amend SO that counties having thousand
pos-instead of votes cast-may elect the same person
clerk auditor recorder, any two OF said of ces
which motion prevailed.
Several sections reported from the committee of rights
and privileges were taken up.
The sections providing that no laws shall be passed,
restraining the free Interchange OF thoughts and opinions
restricting the right to speak write &c., and that in
all prosecutions for libel the truth o the matters alleged
to be hbeous, may be given in justifcation that all
Courts shall be open and every person. Tor injury done
him in his person reputation, shall have remedy by
due course of law were ordered to be engrossed-
The following section was now read a second time:
'No person arrested confined in JAIL shall be treat
ed with unnecessary rgor No person shall be put on
trial any criminal Charge without public opportunity
first had, to offer rebutting testimony, and repel the
charge in its inception"
Mr. Lockhart moved TO amend by striking out all af
ter the word rgor" and nserting-No person shall be
held answer for capital otherwise infamous
crime, unless presentment or indictment of grand
jury, and all offences the punishment OF which is by line
Imprisonment in the county jail Imprisonment in
the county Jail aone shall be prosecuted in such manner
as shall be prescribed by law"
Mr. Smith of Ripley moved to strike out the amend
ment and insert: No person arrested confined in Jail
shall be treated with unnecessary rigor, be put
swer any criminal charge, but by presentment, ndlct
ment Impeachment.
Mr. Pepper of Crawford moved to strike out all after
the word .be " and insert "hed to answer any GRIM
nal charge except in such manner shall be prescr
bed by Jaw.
Mr. Gordon opposed this section because it abolished
that in call Of this Convention, fifty thousand votes
were against hence he urged that there should
be unred experiments, unless for very good reasons
This State had attained its present emenence under our
Constitution as it stands. The wilderness had been
sub1ued, and improvement and civilization had taken the
place of the abode OF the savages In many portions oil
the State; and gentlemen should pause before they made
changes which might destroy the beauty and harmony
of our present system We should object to grand
urcs because they are of English origin. We derived
much that is valuable from that country, and much Of
present standing, as naton was IN consequence OF
parentage. The system might be amended, by ta-
king from il portion Of It's jurisdiction; but he thought
the best interests of the State would prevent Its abolition
He then proceeded at length IN opposition to the section
reported.
Mr. Bascom on this question as on all others, would
endeavor reflect the will of his constituents In his
county the grand Jury had been shorn of portion of its
power he believed to the advantage Of the people, and
he was willing to see further amendments.
Mr.. Kent said it mattered not, TO him. whether the
grand Jury had its origin thousand years ago; or in the
period of antquity whether it was but the
of yesterday In coming to proper conclusion
il should be decided whether it was right; whether it
was Just, and whether it was in accordance with the
spirit Of enlightened progress by which we are surround
ed.
This country was Justly styled the originator Of the
greatest reforms that the world ever witnessed and
why he asked in the punishment OF crime, should the
spirit of progress be stayed? 1t was mistaken idea
that members of the bar better acquainted with the
workings of the grand Jury than the rest of their
found within the precincts of the grand jury room,
eep those whose duty it to prosecue and hence their
arguments worth no more than those of others.
The grand Jury inqusltOral and pdTte in It's
character. The witnesses for the accused were
there but revenge and malice too frequently there
in the shape of witnesses against the accused. The
peace and happiness ol whole communities were Ire
quenty destTOyed and IN the trial ol having their
first origin with the grand uries not IN twenty
suited in convictions thus causing serious and unneces
sary expense In many counties large numbers OF per-
were frequently brought the county seats wit
nesses On one occasion he knew that than three
hundred persons were in attendance at great private
and public loss and without public benef-many ndct
found with but few convictions. 1t had been
contended that there might be notifications to prevent
these evils; but he remedy but in radical
FORM Mr.. Kent here gave number oil instances,
within his knowledge, to show the evils that had
resulted from improper and malicious indictmcnts-the
loss of property and the wreck Of character He thought
there remedy although there might be a
difference of opinion as to proper substitute His plan
was give Jurisdiction class OF offences to Justices
OF the peace and those ot secondary character TO
county court. His principal argument however, at
least the that had the greatest weight with him,
that every man charged with should have a fair
and open trial. where he could meet his face
face This would prevent all prosecutions founded upon
revenge, and he believed that tribunal might be ns
tuted that would subserve all the ends of Justice. A
public trial would aid in the formation Of correct pub
lie opinion. Many had agreed that minor offences
should be taken from the grand jury To those who go
thus far he could not why they should not 60 step
farther as the higher crimes which are almost nva
raby brought to light by charges Instituted before ne
r0r and examining courts. He answered the objection,
that the rich feon woud frequently escape If grand ju
res abolished, by giving great number of instan-
ces where rich and Influential criminals had heen
ed without the Intervention of grand Jury, such
Monroe Edwards Professor Webster and the recent case
Of General Hinton. He denied that any thing could be
found in the writings of Jefferson holding up the grand
jury system palladium of onr liberties. He then
contrasted the expense which he said should not be
ken into account; but a change would reduce this
tem could object it this He conclu-
ded by nverng the reading of the section; and asked
what would be thought of proposition that should say
person should in the first instance be put trial.
any criminal Charge where he had the opportunity Of
offering rebuing testimony Would not the country
volt at such proposition! This, however, wouid be
the reading OF the sectOn under the grand jury
system.
Before the question was taken the Convention ad-
journed.
In Tue afternoon the section in relation grand iuries
was again tp The Convention not beng lull motion
of Mr. Petit, the section md amendments were post
poned until Thursday nexg.
The section providing that criminals shall have the
right to public trial by ury the right TO be heard DJ
counsel, &c. read second time; when Mr. Smiley
moved 10 amends that counsel shall be either licensed
unlicensed; not adopted. MIR. Ristine moved TO
amend so that the accused shall have the closing argu-
men; adopted. The section then ordered TO be
engrOssed.
Mr. Thornton moved to amend the 7th section that
all shall be baable, where security of sufficient
amount given according to the magnitude OF the OIL
fence and the crcumstanc of the accused party. lie
objected the word capital in the sections which suppo
sed punishment which he opposed to, and which
he hoped this Convention would abolish He hoped, at
least that the Legislature would abolish IT, lie urged
gentlemen who had exhibited so much regard for the
liberty Of the citizen the rescue in this IN
stance charge Of crime not proof positive OF guilt
Indeed the law conveys different opinion.
Mr.. Gibson said, this the most startling innova
ton that had bcon urged. II was, in effect, saying
the wealthy offender, you may murder with impunity
If you have sufficient TO give the bail required.
Mr. Thornton said, he opposed to taking life il
anv instance The case cited was an exireme one. ane