Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1853-01-06
tons of article LIST of the constitution,
which are as follows:


10. In all criminal prosecutions, the accused
shall enjoy the right to speedy and public trial.
by an impartial Jury to be informed OF the ma
ture and cause of the accusation, TO be confron
ted with the witnesses against him, to have
compulsory process for obtaining them in his
favor, to have the assistance of counsel in his
defence, aud shall be al liberty to speak for HIM
self, nor shall he be deprived OF life, liberty or
property, unless by the judgment Of his peers or
the law OF the land.
Is. The right Of trial by jury shall remain
invoate.
He said the meaning of these two clauses
was. that in civil causes trial by jury is
to he had in those classes Of cases in which
it had been practised, down TO the time
when the Constitution was framed, and such
trial as to be substantially in accordance
with such modes of proceeding as had then
existed, or might thereafter be devised by
the Legislature, without, impalrlng the right
ITSELF But in all criminal cases the right
to a trial BY jury, accompanied by the other
privileges enumerated and defined, is abso-
lutely to exist
After stating the substance of sections
II, IL, and 70 of the Act for the Suppress
sion OF Drinking Houses and Tipping
Shops, he stated that they were in conflict
with the constitution in several particulars.
The condition Of appeal were All inlraction
of the right to trial by jury. In order to
obtain trial bsriqry, the party must give
eacur,v ~, .aot suDiily loss th,u Conn With
flag IIti1G1lnia a to pay all fines and
costs wt'e6> a be adjudged against
him, and must subject himself to the hazard
of having the fine inflicted by the Justice
Of the Peace ncreasedhVe fold if the qaan.
tity of liquor seized should exceed, as in
this case ii did exceed, five gallons In the
constitutional provision that no person shall
be deprived of life, liberty or property,
unless by the judgment Of his peers or the
law of the land the phrase, 4 the law %:
the land had been construed to mean by
due process Of law
This provision of the act also conAicted
with section 18th of the constitution, every
man being presumed innocent until he is
pronounced guilty by law, no act of secnrl-
ty which is not necessary to secure an &C.
cused person shall be permitted The act
also conhcted with the clause requiring
that the accused should be informed of the
nature and cause of the accusation This
act did not require that any particular per-
son should be charged, and in the case at
bar the complaint charged no one. The
process was defective also for want Of Ger.
tainty in specifying the liquors to be
seized
1t was also defective in not CHARGING full
Iy the crime upon which trial was to be had.
The accused had not only an absolute right
10 trial by jury, but also right to be SO
charged that when that trial takes place the
jury should pass upon the whole charge
But the act provided in he case of all APP
peal, where the liquors seized shall exceed
five gallons, fthe final decision shall be
against the appellant he shall be adjndged a
common seller and be sentenced as such
so that he might be convicted of his higher
offence without being charged with it, and
without trial by jury of one Of the facts
essential to const lute it INT even 1t the
proceedings against the person and the
property were repairable and the only re-
suit was a torfennre Of the property, the
complaint wonld be still so deficient in the
requisite cer,aau5, as to be bad for that
cause.
He consequently held the Older of for.
fei,nre invalid: frat, because there was no
sufficient compliant; and secondly, because
the plaintiff was deprived Of his property by
Il criminal prosecution. IN which he neither
had nor could have IA trial by jury wihun,
submitting to conditions which the l.egsa
lure had no constitutional power to impose
The Court also thought the order not sim
ply voidable, but absolutely void; the mag
islraIes having no jurisdiction over the pro-
ceed'ngs And they gave judgment for the
plaintiff on the demurrer, with nomIna
damages.
Judge Pi,man concurred in the opinion