Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1852-12-18
BOOK NOTICES.
IN Essay on The trial by Juy BY Lysdnde
Spooner Boston, Beia Marsh, No. %
CotnhiH. 1852. =. 22i.

the jury trial, have been truly alarming
And this alarm has been by no means nllay-
ed, by the cool indifference with which the
people hive looked upon this invasion. In
the several trials which grew out of the
Shndroch rescue in Boston, the jury trial, so
FAR Us was in the power of the court so to do,
was shorn Of its power to protect the inno-
cent accused, or to defend invaded personal
rights. True, though thus limited of its ORR
gnal power, it did save the intended victims
from the murderous Intention Of the bribed
court; yet wus there fatal blow struck at
/ its power for protective usefulness. The
jury tho they utiured justice, did nevorthe-
less so far regard it, as to ncquit the accused.
What was the intention Of tie government
the character of the Judge aud the disgrace
iu position Of the jurors, may be learned
from the fact that whoever refused to answer
the following question in the affirmative,
was in consequence of this refusal precluded
from entering the jury box" Do you hold
any opinions upon the subject of the fugitive
slave law, so called, which will induce you
to refuse TO convict person indicted under
it, If the incts set forth in the indictment,
and constituting The offence, are proued against
him, and The court direct you that Tie iGt0 is con-
siiiutiondi"
An affirmative answer TO this question was
the only qualification for juror. All power
TO Judge Of the justice or injustice of the
law, was denied the jury us well as the evil
dcnce of its conslitutionniiy. They were
only TO decide upon the character of the
evidence presented, what this should be,
aud how much Of il, was also, by the usage
of the court, in its hands, so that by
this invasion of the right of the Jury
To judge Of the law as of the facls, the gov
crnment was left at full liberty, by the crea-
lures Of its own appointment to do its own
good pleasure.
In view of these ihcis, we arc glad to see
the question Of jury trial brought before the
people, and ably discussed, us it is in the
volume before us. The doctrine of the book
is this, that government in practice is bound
10 strict adherence to natural law. That
justice must always he its object. MIR. !
Spooner in this discussion adheres to his
previously expressed opinion that law is but
another name for justice. That Injustice
never has been or can be mndc law. The
trial Ivy jury, is the institution of common
law, and the "ancient common law juries
were courts of conscience" That it was
their business TO secure justice, ana to this
end they were nike the judges of the ev-
dence, the law aud the intent of the accu-
sed in criminal cases. That the Judges are
to judge of the justice of laws, lie maintains
by the definition of jury trial as defined by
Magma Charta, as deduced from its history
aud lis language, us well us from the past
centuries of practice under il. Proceeding
upon this principle he pronounces the judg-
es and juries Of the present day illegal. That
all juries are such which do not exercise
their right and paramount duty to Judge of
the justice Of the law aud to hold all laws
invalid, "lhnt IRE in their opinion unjust or
oppressive, and all persons gultless in viola
ting or resisting the execution of such laws"
We can hardly expect to sec Mr.. Spooners
views become at once authority in our courts.
But this distinct assertion Of the supremacy
of higher law above authority, is one of vas,
importance. The case is clearly stated
the argument is able aud ingenOus-the
facts are rare, pertinent TO the question, aud
evince great research. II is n book to he
read pni studied by the people. Ii is one
altogether within the range of their compre-
heusion und lis principles must lie UNDER
stood and enforced by them or not at all.
We eau but hope it mny have wide circu-
Iuiien, aud that it may do much towards
stemming the tide of national immortality,
while undue reverence for legislative aud
Judicial authority, is sweeping away the only
safe guards Of our liberties aud perpeiuaing
aud rendering more aud more intolerable
the violation of the liberties Of others. 1t in
effect refers all things TO that standard OF
right which God has given to every man to
Judge wlhall-his reason, judgment and
consciencc--his light within that, in man
| " WHICH ellllCI hCCuhcs Or ciee eAcuseb one
apo.her." This principle will not only de.
tract from the authority of legislation and
judiciul decisions, but il will operate with the
like efficiency upon the authority of Popes
councils and bibles, Some of our very
orthodox friends who are maintaining Mr.
, Spooners doctrines aud definitions in refer
Cuce to the constitution, mnY hereafter sec
this, though npW they dream not OF il.
We are indebted TO the publisher for ,
copy of the work and we hope it nay have
as il deserves, II wide circulation.
& -
Turlp Tnmis rahin