Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1854-12-28

xs1
sinceJ0N no English judge would now ques-
ton the right of a jury to judge Of law as
well as the fact.
Mr.. Hale then referred to the clause in the
fedora constitution in which it is declared that
criminals should be entitled to public aud
speedy trial before an impartial jury. The
Supreme Court also in case early brought
before it, decided that the jury had right to
judge Of the law and the facts in criminal cases.
and even the odlous sendtion act Of John
Adams did not trench upon this principle, but
made provisions that the jury should judge OF
! the law and the fact. I" as in other cases. "
The same principle has been affirmed by the
Supreme Courts of New York, New Hamp-
shire, Maine Vermont, and, not many years
ago, even in Massachusetts, If the Supreme
Court of Massachusetts, now intimated doubts
in regard to that decision, he had only to say
they sadly illustrate the language Of the Latin
| poet-FacHis deSrensas Ar~ni, Twenty
years ago, if any legal dogma could be con-
sidered established in this country, il was that
juries are judges beth of the law and the fact.
| But there is change, said Mr.. Haze. |
am here to speak truth, and | shall not COM
pimeut any body. The first infringement
made in this country was when the public
mind began to be agtated about the rghtfuI-
ness OF the death penalty for murder. The
courts then seeing this was the tendency of the
public mind, began to exclude from sitting on
the jury in capital cases. everybody whose
heart hogan to melt Or understanding to yield
on the subject.
| By and by the license laws came up, and
every body said it was great thing to put
down the rumsellers and shut up the rum shops
No matter if the trial by jury does go with
them. The Judges saw the trouble and pro.
posed question which in effect said we will
allow no man to 60 on the jury who will not
promise to give such verdict as we dictate
and then began that infamous course, by which
before freeman who was returned to set in
a case between the State and his fellow man
must be questioned, and if in answer was not
satisfactory to the court, was told to stand
aside The conviction of the rumsolers he
thought was purchased at too great a price,
when to obtain it right Of jury trial was sur
rendered. 1t was stricken down by arbitrary
Judges because it was connected with an I'm.
popular cause.
Here was precendent, and bad judges are
tenacious of precendents. The aboltionist2
came up next, and question was framed fol-
the jurors in such cases WEATHER they had
doubts or saSupes as to the constitutionaity
of the fugi ave law which would prevent
their fin, |erdict of guilty, and if they
had they ! jet aside. A greater insult
the speaker was never otfered,,to Massa
chusetts nj it ought to have peen resis
ted on tire - Applause. am a man o
peace, said ale. have submitted to {
great deald e; but if ever put in such
a situation uch question put to me-
would say / Judge, Sir, the question ii
an insult, resent it as such, and my
coming IN - obedience to the law doe.
not authorlzeycT to insult me. Applause
But suppose the Judge says that is talk hC
don't like to hear, and here is a precendent
you are fined $l33. Let Massachusetts Jury
men treat such au insult asst deserves. Grea
applause.
What next? The Judge commits him
Good, good! | would thank him for it. Oh
how should like to be imprisoned for such
thing as that. Let the Judge send man tt
prison for ting it will make up senti
ment that y lthy matter right. l tel
you we pill the blood and al
the spii as come down to u
from O DRY.
WI ID have been il
revos ish government
wou, Jury to indie
Sam y speaking trea
son ia orously and fel
onioust Act! But they
had no hen independent
and onN Charges agains
King Geo, shc Declaration o.
Indepcndel had tried to de
privc us of al by jury.
We still u he right of trial b,
jury which our brought over One
would suppose thasRb% Jurors are made dough
faces, shareholders would not be much airait
OF them but they fear the very ghost Of a jur,
trial. The difference between the law as ap
piled to horses and TO human beings was the'
illustrated. Massachusetts rolls her consttu
ton and the protection of a jury trial aroun'
every horse in the Commonwealth. zap
plause) God blesses her Tor the jealous Car
she exercises over horses. daughter and ap
plause.) But the wisdom and patriotism an'