Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1854-12-28
JURY TRIALS.
LECTURE OF HON JOHN P. HALE,

JURY TRIALS.
LECTURE OF HON JOHN P. HALE,
AT the fremont Temple, Boston, Dec. Is, 1854
Ladies and Gentiemen,- 1t has been some
times objected to the friends of the Anti-Slav-
cry cause of this country, that they have all
but one idea, that that idea colors all the
views which they take ,mingles in every thought
which they devote to the consideration of pub
lie affairs, distinguished characterizes every
movement which they make for the ameora-
ton or salvation of mankind. And the charge,
to & certain extent is true. II is true because
that wrong never travels alone, but always in
company. Wherever any great wrong is in
hicted upon the physical, the moral or politi-
cal constitution, it does not go alone, but other
evils come in its train.
propose this evening to make few sug-
gestions to you, not upon the wrongs of socl-
ETY., but upon the remedy that is to be applied
to some Of those wrongs. IF it be remedy
which is properly and pertinently applicable
to the great Anti-Slavery cause, it is no lesst to
the maintenance of the rights Of every indi-
vidual in the country, be his condition or
complexion what it may. | mean the right of
trial by jury, right which the fathers OF the
American revolution declared to be inestima.
Bile to treemen,-iormidable to tyrants only.
propose to give you some brief sketches of
this trial as it existed in England prior to the
discovery and settlement of this country, the
basis on which it stood at about the time OF
the adoption of the Federal Constitution, and
its present condition there; and also shall! say
something OF its present condition in this coun-
try.
The great regard for the right of trial by
jury by all Engishmen, was then spoken of.
Lord Coke said that every Engishman receiv.
ed greater inheritance from the law thanhe
didtrom his parents, be their possessi ons what
they may; the two great and growing glories
which Engishmen enjoyed were parliments
and juries apartments by which every Il &
lishman is allowed to give his consent to the
laws under which he lives, and the trial by
jury by which he is made II purtaker in the
administration of those laws. The manner in
which the right Of trial by jury was obtained
from King John, and the early history Of its
application were then stated. AT first the tri-
al Of a criminal was not before jury Of twelve
but before tho whole of the freeman in the
vicinage Or hundred, as it was called. When
twelve jurors were delegated to act for the
whole, they were taken from those who were
supposed to know most about the transaction,
and no witnesses were brought before them.
Subsequently twelve men were cmpannelled
who listened to the testimony of witnesses and
gave their verdict. Thus was laid the foun-
dation for our jury trial
The precise period at which judges were in.
troduced is not clearly defined in history; ii
is tolcrably certain, however, that it was not
till after the Norman conquest. In 1919
prisoners at the bar told the Court that they
were nothing but Norman intruders. When
our fathers came to this country they brought
the jury trial to which they had been acustom.
+ ed along with them. What that was, Mr.
Hale then proceeded to show. The gross usur.
aptions of some of the English judges were
not denied and the resistance of the jurics in
the cases Of John Miburn, of William Penn
! and William Mead, and of the Dean of St
!. Asaph, was given in very clear and able
, manner. Millburn, being arrigned for high
treason, on account Of words which it was said
he had written and published, he contended
with The court that the jury was to judge both
of the law and the fact; whereas, the Judge
denied the right of the jury to judge what
was the law. Millburn spoke boldly to the
judge and told him that he was about to rol
him Of the benefit Of the law, and therefore
as a free-born Engishman, and as a true
Christian, standing in the sight and presence
of God, with an upright heart and conscienc,
/ and cheerful countenance, he cast his life
! into the hands Of his felow.citizens, whom be
s again asserted to be the sole judges of the iu
: dical power of the law as well as the fact.
You judges" said he, being no more il
. they so please. than cypher to pronounce
their sentence or clerks to say amen to them
being at best originally but Norman intru
ders; and therefore, you, gentlemen of the
jury, are my sole judges, the keepers of my
life, at whose hands the Lord will require my
lite in case you leave any part OF your indct
e'' " 'h1'| S'uOi dhu olOouy ucH lHtIeIOTs
t desire you to know your duty both to God
Il to me and to your country; and may the gra
r cous spirit of God Omn potent council an(
g direct you to do that which is just and for hi
n glory" The reporter adds--"and the people
! with loud voice, said Amen, Amen. which
made the judges look something untowardl,
: about them, and cause the Major General forth
% with to send for three more companies of foo
ID soldiers" But they did not intimidate th
1t jury, who pronounced MiIlburn not guilty
,e The reporter adds. "there was a great Shout
y and there was great joy throughout Eng
be land )" but he adds, e the judges turned pale
I'd | believe, said Mr.. Hale that is a compIimen
that never afflicted our judges yet. MiIbur
~ was aquitted but as the King and Parlimen
!: = were against him, be was banished. He re
y turned before the expiration of his term, an,
- was arrested and tried and acquitted. Tn
10 administration issued an order calling on tn
at twelve jurymen who aquitted him to come be
Or fore the Council and answer for giving yer
g. dict against the law. Some trembled and ex
cused themselves for so doing, but the major