Spirit of the times. [volume] (Ironton, Ohio) 1853-1858, 1853-01-25
Jurisdiction OF Justices OF the Peace
in Minor Crimes.

Jurisdiction OF Justices OF the Peace
in Minor Crimes.
The proposition now before the As.
sembly, TO give Justices Of the Peace,
exclusive, and final jurisdiction in the
trial Of all crimes, the punishment Of
which is not imprisonment in .he Pcni'
tertiary, is, We think, impracticnble, mis-
chievous, and absurd, to say the least Of
it, and We take this early opportunity TO
enter our objections.
In the first place we oppose it because
the bill of Rights provides, that trial by
jury shall be inviolatc.
The friends of this new scheme say,
that the justice Of the peace. might sum-
mon Jury in each case and thus "bring
justice easy and cheap to every mans
door," still we doubt whethc: this mode
Of jury trial would always secure that
impartial, AMI even handed justice,
which is the right Of every man against
whom, an accusation is made. The ju.
rics in such cases would be too much
subjected TO the influence Of popular
excitement; they could not render their
vcrdicts with that independence, care,
and Justice, which they would be likely
TO use, where they have the advantage
of room 10 retire into, for dclibcration,
In most cases where jurcs arc called to
act in magistrates courts, they either re.
tire to field; or to the shade of tree,
to make their vcrdicts, but if the wealth
er happens 10 be unlav orable, they are
compelled TO stay in the crowd, and
there make their verdict.
In many instances, the Offices Of our
illustrates are kept in the same rooms
that their families live, cook. eat, and
seep.
We have sometimes Witnessed, in the
same house, going on at the same time,
the trial Of law suit, IN the midst OF
the laugh and sport Of children, the
talking Of the crowd, the preparation
of meals Of victuals, which, together
with the examination Of witnesses,
wrangling of pcnifoggcrs &c, produced
scene of the utmost confusion.
If the Legislature expects to confer so
important jurisdiction upon magistrates
courts, al this bill proposes, they should
provide for the building of court house
in every township in the state.
Unless the Legislature intends TO nulli-
! fy the Bill of Rights in our Constitution,
so as to dispense entirely with jurv trials
in cases involving reputation and liber-
,y, we DO not see how they are to pro-
vide iuries ,ha, will be ready in their
courts upon every emergency. Again,
| if they have stated terms in each town.
ship, i, wouli often happen that there
wauli be nothing for a jury TO do. We
have no faith in struck juries in crini
nal cases, because they would be too
liable TO enter upon their duties with
prepossons, to be overcome, before they
would be in q condition 10 make cor.
rect verdict.
In the minor offences there are some
that involve nice distinctions, and alb
s,ruse law points, some Of which it
would be diiiicul, for n Judge to deter
mine, arise in the settlement OF the true
boundaries between cases Of construc.
tive larceny, and obtaining property nn-
der false prctcnccs; yet such, and other
kindred law questions, justices OF Tic
peace who make no prctcnsions to any
law knowledge, beyond the statutes,
would be required to decide.
When man is charged with a crime
Il is his right to be ,riel by an impartial
jury, and to be tlicd according to the
law. We therefore, earnestly protest
against placing the administration OF
that branch Of our laws in the hands OF
men, who it cannot be supposed, have
cny knowledge Of the true definitions
and distinctions Of the penal laws.
We have always been in favor Of re.
moving from the court Of common pleas
that unlimited jurisdiction, with whic h
it has heretofore been incumbercd, and
by which the wheels Of justice, nave
often been clogged, and sometimes stop.
ped. And we are equally opposed to
the other extreme now proposed by the
General Assembly.
We believe that it is generally under
stood, among the people that the Pro
bate Court should have jurisdiction and
trial Of this class Of offences.
Democratic State Conventi0n-Tic.
ket-ResOlutionS &c.