New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-09-24
LETTERS FROM THE PEOPLE;
U. 5. COURT V TRIAL By JURY

AGAIN DE- MAJ. 10 violate that 81
sonsl security me Ttalby Jzry W say sgaia becsuse
such violation unguesonsbiy committed by Judge
Hell in the Rescue Trials e, Albany last January. He
not only manifested the anxiety obtain the
vction OF the accused and a unbecoming vexat0n
when he failei TO 90 but he actually packed the
Jury II we know what II meant by packing Every per
son resented Tor Juryman strictly Intercepted
70 his opinion Of the Fugitive Slave Law and
permitted by the Judge to be omqaneed who did not
hes;atnsy declare his belief in the Constntonaty Of
thst Internal enactment bis readnes 10 abide by the in
structons OF the Court touching the law AMI to congn tn
tie punishment OF felon any citizen who should be proved
to have resisted the process by which fellow man and
ndghbor was TO have been eRs!dred
Now, Mr. Editor il seems very plsin 10 US common folk
that it were proper for the Judge to eject man from
the panel becsuse his opinion adrTse 20 the law n
question. equally the right OF the defendants 10 IN
ss that shoah sit upon the Jury who had made up
hs mind IN ar0r Of the law And never was there case
in country where the jury should have BEEN not only
carefully allowed but earnestly called upon 20 con
slider the orGer Of the law under which they were sum
moned 10 decide upon the guilt o. innocence OF fellow Gu
Zens In no case that ever heard OF, was 1t
important that the Jury should have been
sustained in the exercise of all their preroga
tiyes. For what purpose, Sir were Juries intro
dued into the trials Of persons accused Of criminal acts
II protection against wicked laws or the unjust
Application Of such might be- on the whole Just laws
There have not only been laws IN ms country ana In
gland 90 preposorou that they could not be enforced and
therefore became dead letters long before they wiped
from the statute books but there have been laws
which though right enough perhaps themselves const
cred have been 70 operate oppressVey IN certain
cases II has therefore been not ntreqnent occurrence
the Judges having ODAlnCl II CouNCuon 10 Tccolu
mend the criminal to the pardonlng power But was
found unsafe rely upon the mercy Of the Judges Beng
dependen for their offices upon the will Of the Govern
men thew apt 20 be its creatures Therefore
was that The Jury was inerposod between the accused and
the Government haf injustice should be done to
men under cover of law. With the highest reason has
this been regarded If the most benefcent instu
tions of modern civilization And if the people of our
country have stricken down for the sake OF
certain political compromise they VIII deserve TO be
reduced to the condition and condemned to the office OF
blood hounds
The jury according to its original intention, Is to be
composed OF twelve impartial men-not men VINO are
eded 10 sustain any law whatever but pledged rather
10 see that Justice and right done They are 80 Sc
leced that Il may be presumed they fairly represent the
luble conscience right and that they have no
prciudces predictions that would warp their verdict
10 The one side the other-i e. to the government or
to the accused. To this body OF men, so constituted the
law that has been violated Is to be stated ana the evidence
10 be given that the person accused has violated that
law and then in view of both the law and the evidence
they say whether the prisoner is to be regarded and
treated a. a ieon Most If the laws under which offend
rs are tried denounce acts that unquestonahy WICK
od-murder theft rape etc-and therefore ques
ton the character OF the law seldom needs to be sg
is very desirable that the people and the jures taken
from the people should general rule pre- sumo that
the laws are in accordance with justice and mercy. No
20 70 " al nation when the opposite il the common pre-
SUMPTION That laws may be held sacred by the gov
.rned they should always be encouraged to investigate
Them and their obje tons 10 any should be respectfully
considered For after ALL later public opinion
viii show itself to be the supreme law under Democratic
Government and those men who have strVch 10 enforce
the wrong will be sent down 10 poslcr az the oPpssos
Wiener therefore in Court of Law the character
of the law called in question let that Court beware now
il attempts to she the Investigation winot only Itself
become object of public adherence but what Is worse
bring lar and the administration of il into suspicion
Many of the highest gal authorities have explicitly rul
cd that In criminal cases the Jury for similar to
those we have minated should be judges OF the law as
Wen Of the facts S Wgn q oSS nf ay df
members of the s United States Court and add to theirs
similar opinions expressed by very eminent Jarsts OF TINS
country and England But we will not tresPass on your
columns Even Blackstone who shows no disposition to
extend the perogaye OF the Jury allows that IN certain
cases they have unquestionabe right TO take into
their consideration the character Of the law And sir It
i very ausicous fact that this crisis in the affairs OF
our Republic the Convention which have recently revised
the Constitution Of Massachusetts, "a Convention comPrs
ing many Of the ables and purest men, ana emnent
LAWYERS OF that State have introduced into the statute
law Of that ancient Commonwealth the provision that
what has heretofore been the usage shall hereafter De the
law of her Cour namely that in criminal cases the Jury
shall take cognizance OF the law well as the facts
What concession is Sir of the bad character Of the
Fugitive Slave Law that United States judges have
no hone of obtaining conviction under IT, unless they can
pack twelve that may be found ready for the ser
vice OF tyrants unless they may be permitted qnenh
the light of common humanity in the hearts of the Jury
In truth the only question really 20 be tried at Canaan
dagua Is whether no have resisted the execution OF
tie Fugitive Slave Lawhave rescued fellow man from
The gra.p of egazcd kdnappers TO be regarded aud
punished as felons The fact that such deed was done
~ The civ of syracuse on the LIST day of October lsl is
a. notorious that two cHgoes oi tea were thrown INTO
Bo.ion arbor 1873 and the people of city and Vi
cnitv have celebrated and viii celebrate that deed as
less worth! Of everlasting honor than that OF our
Rebel Fathers in New England. Hundreds Of men, in
Central New York proud TO that they took part IN
1.-The rescue Of Jerry Two men at least the Hon Gerrit
Smith and Rev Samuel May have publicly ayOwed that
they were parakers in that transaction and that when
everthey can be assured Of fair jury trial. they will con
ess the deed and rely upon their exposure OF the enom
ties ofthe Law obtain acqual Hundreds there are
who would do likewise "
WHY obviously because the Law il would enforce upon
rs i an outrage upon the common sense OF right Let
judge Grer and McLean and Csris and Hall convince
the uries and the people ifhey can that this law ~ wise
rol,teous wholesome enactment but let them demand
that II shall be enforced right wrong let them not VIC
late the anctity Of Jury trial in order 10 accomplish their
inhuman purpose We wish he people would read the
History of Trial By Jury, by Lysander Spooner Esq
tina, thev NAV realize how egegously that sacred nsttn
ton has been violated at Boston, at Philadelphia, at Al
bany and then fix their eyes upon Judge all at Caoan
dagua that they may see he presues TO violate again
and If he does mark him tyran or the mnion OF y
In Tie North AnaereqH Rerter for April 1875 there is
an article Code Napoleon written by no less nan
than Hon Edward Everett. In that article you VIII find
the following momentOus passage, which we beg leave 10
commend 10 your readers 1t is pretty generally eon
ceded that even in England and America, II is only a.
dfeEse against The 0Dpress0n o. ne goterhMe nat n
trial by ry is OF any real value In common matters OF
civil and criminal law little probably gained 10 me
cause OF justice by jury trial y good Count "ouil De
safer and wiser resort But Il better thousand oi1
10 encounter in their most aggravated forms the gnor
'ance the ObstnGcy the caprice OF Juries on common
question: Of law than 10 have the lives ana the properties
OF the citizens in times Of political ete'teHen IN me
hands OF Government" Ponder well the import OF thus
passage Consider the that have arisen under 1
Fugitive Slave Law and tell in what words We could
exTostuaie against the adopted by the
Court emp hatcaly than in these words o. DIR Eve
re Tie Fugitive Slave Law is nothing but polite expe
dent Respecting the country i more divided aud there
i more social and political excitement than there has ever