Spirit of the times. [volume] (Ironton, Ohio) 1853-1858, 1853-02-08


him, 70 have compulsory process for OBJ
tanning them in bis favor, tohave the
assistance Of counsel in his defence, and
shall be at liberty to speak for himslf,
nor shall he be deprived Of fife, liberty,
or property, unless by the judgment of
his peers or the law Of the land.
"'Sce. l5, The right Of trial by jury
shall remain inviolate.
"He said the meaning Of these two
clauses was that''in civil causes trial
by jury is to be had in those classes Of
cases in which it had been practiced
down to the time when the Constitution
was framed, and such trial is to be SUBJ
stantiaily 10 accordance with such
modes proceeding as had then exist.
Gil, or might thereafter be devised by the
Legislature, without impairins the right
ITSELF But in all criminal cases the
right to trial by jury, accompanied by
the other privileges enumerated and de.
fined, is absolutely TO exist
"Afier stating the substance of sec.
lions IL, IL, and ls, of the act for the
suppression Of Drinking Houses and
Tippling Shops, he stated that they were
in conflict with the Constitution in soy.
eral particulars. The conditions of ap.
peal were an in(raction Of the right to
trial by jury. In order TO obtain trial
by jury, the party must give security in
sum not less than 5000, with two sui.
6cicnt surctics, to pay oil fines and costs
which nigh; be adjudgcd against him,
and mus, subjec. himself to the hazard
Of having the fine inflicted by the justice
ofthe peace increased five fold il the
quantity Of liquor seized should cxceel,
as in this case it did exceed, five gal.
Ions. In the constitutional provisions
that no person shall be deprived of life,
liberty, or property, unless by the judg.
mont Of his peers or the law Of the land,'
the phrase 'the law Of the land had been
construed TO mean 'by due process Of
law
"This provision of the act also con.
foI ,t,,th I IF fh
tion, every man being presumed limo.
cent until he is pronounced guilty by
law, no act Of security which is not ne.
cessary to secure an accused person
shall be permitted The act also con.
0icted with the clause requiring that the
accused should be informed Of the ma.
ture and cause of the accusation This
act did not require that any particular
person should be charged, and in the
case at bar the complaint charged no
one. The process was defective also
for want of certainty in specifying the
liquors 10 be seized.
"It was also defective in not charging
fully the crime upon which trial was TO
be had. The accused had not only an
absolute right to trial by jury. but al.
so right to be so charged that when
that trial takes place the jury should
pass upon the whole charge. But the
act provided, in the case Of an appeal,
where the liquors seized shall exceed
five gallons, If the final decision shall be
against the appellant, he shall be al
Judged common seller AMI be sen.
tenccd as such, so that he might he con.
victel Of this higher offence without
being charged with it, and without tri
al by jury of one ofthc facts essential to
constitute it. But even if the proceed
ings against the person anl the property
were reparablc, and the only result was
a forfeiture of the property, the complaint
would be still so deficient in the rcqui.
site certainly as to be had for that cause.
"He consequently held the order of
forfeiture invalid; first, because there
was no sufficient complaint; and second
ly, because the plaintiff was deprived of
his property by criminal prosec ution,
in which he neither had nor could have
a trial by jury, without submitting to
which the Legislature had no
constitutional power to impose. The
Court also thought the order not imply
voidable, but absolutely void, the magis-
tratcs having no jurisdiction over the
proceedings. And they gave judgment
for the plaintiff on the demurrer, with
nominal damages. ......
"Julse Pitman concurred in the opin.
ion.
Reform in Banking.
The New York Tribune, a paper that
has done moro than anv other to UNFOLD