Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1853-09-08
The EgIs ON Trial by jury

ne 2E-gis OF wednesday, fth INST, contains a
leading article ccnden.naiory Of the proposition,
passed b large majority Of the Constitutional Con-
vention,to restore the ancient aud orignalrght Of u
riesto be judges Of both law and fact The writer OF
the article seems to take it for granted that ures
have no hug;aess 10 be judges of both law and fact
that they incompetent to he so, that such state
OF things would be subversive OF Justice and deroga.
tory to the dignity of the bench; and, finally, that
under such system, there would be no CERTAINTY,
stability, or fssdness in law.
The writer OF the article in the Egis argues like
a partzan Wing, not like an intelligent la,cver,
which it is presumed he is He multiplies words.
substitutes rneers for argument, and tries to confuse
his readers, rather than enlighten them. In the
first place. juries were originally judges Of both law
and fact. Will the editor of the Egis deny this?
II he does, we shall be ready to meet the ISSUE II
never was presumed by the friends Of an honest iu
dietary, that jures know more about the law than
judges; but it held, and, we think, Justly, that n
tegnty Is OF more Importance IN a uial than legal
learning, and, while the judge will undoubtedly know
more law than all the twelve jurors put together, the
integrity Of twelve impartial men is more likely to
remain unsplied. by any kind Of influence, than that
OF one man, whose profession makes hun a part Of
that government, and, therefore, makes him natural.
ly inclined in favor Of the powers that he.
The office of the judge is to enlighten the jury BY
his advice, TO instruct them, il he pleases, in what
he considers TO be the law to take cognzance of
appeals and motions for new trials; but not, as we
take it, to dictate 10 the jury absolutely, what they
shall ord Il.
power, and the power Of debating to witness what
amount OF evidence he shall give in relation to facts
are gross corruptions Of the trial by ury as defined
by Magma Charta. These corruptions took place
in the regns Of base kings and were perpetrated BY
base English judges and lawyers; they came down
to us upon the authority Of red tape and tow wigs
and have yet to be corrected by Massachusetts after
three tourths Of a century Of republican government
The friends of the true jury trial do not suppose that
the jury shall absolutely fix what is law and that, be
1t right or wrong, their decisions must necessarily
stand.
The power claimed for the jury is not an absolute
but negative power. The jury shall have power
TO imperatvel declare that mans property, liber
ty, or life, shall not be taken from him: but thew
have no more power than judge has, to imperative
" declare that mans liberty, &C., shall be taken
from him. 1t is not required that the judgments of
Juries shall be executed, but it is absolutely REQUIRED
that no other judgment but theirs shall be-
The trial by jury was instituted to subserve, not
to subvert, justice. Twelve impartial men, as com
pared with hired judge have twelve srong chances
to one, not very strong one, in favor Of acting with
mr. in al
the Commonwealth. This is so self evident fact,
that we believe the Egis will not dispute it.
Ii judge is man Of mental and moral power
he will dignity the bench. 1t will be no derogation
of his dignity, if he is required to act strictly with
in the limits of his duty. II, on the contrary, he
should act like Jeeries, and make himself Judge o.
law, fact, and evidence also, he would not only dis
grace the bench, but he would disgrace either the
pillory, or the stocks. The true dignity of Judge
consists OF moral combined with mental distinction,
and no external Circumstances or power can ever take
it away from him, or lessen it,
The objection OF the EsIs, about the judgments
Of juries producing uncertainty instability, and un.
hxedness OF law, is, in our opinion, weak as all
the others it has made. There is no certainty &c.
in law now. Ii is very seldom that even the Judges
ol the U. 5. Supreme Court are Unanimous in their
Judgments; but, we have said before, the power
OF absolutely determining, hat is law is not claimed
Tor the jury; we believe, however, that even if il
was, the rendering of jures would not be more con.
Trajectory than The renderngs Of courts of law. II
the law was certain, stable, and fired in its principles,
there would not be many tganis as there are the
majority Of whom induced TO adventure into the
vortex oil litigation, in consequence of The notorious
and prcverbial uncertainty, Of the laws operation
But, il was not the purpose Of the Egis to honestly
discuss the question Of trial by jury. Il only meant
10 excite false prejudice against the Amended Con.
stitution for We presume The editor knows that this
proposition is incorporated into the new Consli.
tuition, but is distinct proposition, which may be
approved or rejected its individual merits, with.
out any reference 10 the amended Constitution as
whole. We trust that the people will adopt il, and
thus tend to restore the ancient purity and dignity
TO the trial by jury.
COUNTERFEIT ERs.-On Wednesday, 7th inst,
young man named Willard Bond was arraisned be.
fora he polsca r Al. 4