Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1854-12-30
TRIAL BY JURY.

The last Libcrator highly commend John =.
nnle's late speech in Boston ON the right of trial
by jury. The following is an extract from the re-
port of his speech in the Boston Telegraph. Mr..
Hale makes the question n practical one for to-
days use and benefit. lie entered at large into
the history of this right and the efforts of judges
to nulIify it, by denying to jurios the right to judge
of the law as well as tho facts, and refers to many
instances of the same sort.
The Abolitionists came up next, aud a question
was framed for the jurors in such cases whether
they have doubts or %scfuplcs as to the constitution
atty ofthe Fugitive Slave law which would prevent
their finding II verdict of guilty, and if they had
they were set aside. A greater insult. the sneaker
said, was never offered to a Massachusctts man,
and it ought to have been resisted on the spot Zap.
plauscI. | am a man OF peace, said Mr.. Hale, I
have submitted to a great deal of abuse: but If
ever put in such a situation, and such a question is
put to me, | would say to the judge, Sir, the
question is an insult, and | resent it as such, and
my coming here in obedience to the law does not
authorize you to insult me" Iaprlausel. Bat sup
pose the judge says that is talk he don't like 10
hear, and here is Il precedent, you arc fined Sl3G.
Let Massachusetts, jurymcn treat such an insult as
it deserves Lapplausel
What next? The judge commits him. Good,
good! | would thank him for it. Oh, how /
should like to be imprisoned for such a thing as
that. Let the Judge send a man 10 prison for
lluli dhu II Will wake up n sentiment that Will
settle the matter right. / tell you we have occa-
sion for all The blood and all the spirit and heart
that has come down to us from our revolutionary
history.
What a grand thing it would have been in rcvo-
lutionary times if the British Government would
have got a Boston Grand Jury to indict Sam.
Adams or james Otis for sp aking treason in
Fancuil Hall, and traitorously and feloniously re-
sisting the Stamp Act. But they had no chance.
Juries were then independent, and one of the
prominent charges against King George, which
led to the Declaration Of Independence, was, that
he had tried to deprive us of the right of trial by
jury.
We still have the same right of trial by Jury
which our fathers brought over. One would sup
pose that now jurics are made of douglfaccs, slave
holders would not be much afraid Of them; but
they fear the very ghost Of Il jury trial. Tho DIFF
ference between the law rs applied to horses and
human beings was then illustrated. Massachu-
sets rolls her constitution and the protection of u
jury trial around every horse in the Commonwealth
lapplausel |. God Ilcsses her for the Jealous care
.he exercises over horses laughter and applausel.
But the wisdom, and patriotism, and philanthropy,
and bcnevOlencc, and judicial acumen, of Massa-
chusetts have all been absorbed in taking care Of
horses, and the man may bc reduced to bondage
he cannot have that poor ghost ola jury trial which
is left.
Having referred to the Union-savers of 1850,
MIR. Hale asked, is that the Union they saved p
Have they saved a Union that don't protect the
dearest interests Of humanity? Have they saved
II union that ignores the sacred bonds of affection
that binds Il daughter to the father? Have they
saved Il Union that don't protect the most sacred
union Of man and wife, They saved that which!
was not worth the saving if thatisit long and loud
applause.
a sacred right has boen infringed by the Judges
an incstimab!o privilege has been trampled under
foot, and, in a Boston Court House, within sight
and sound of Bunker Hill, rich with the memories
lmf 80, lnr n4y IA NOD, 4. 1 - -
t~ramplcd in scorn upon this high prerogatiye of
freemen cries of shame, shamol.
No, said Mr.. Hale, he did it because he knew
the people would bear it; shame on TIE people
loud aprlausel
This question, lie said, had not yet been carried
10 the Supreme Court. We all know what the de-
cision will be if it goes there. If Theodore Par
ker is found guilty of the charge now pending
against him, and the Judge charges the jury that
they are only to find the fact that he did speak in
Fancuil Hall, leaving the law for the Court,
; this ruling will lie found all right. If a Southern
filibustcr is tried in New Orleans, ard acquitted
on the charge Of the Judge that the jury are to
Judge both law and fact, and the case is carried to
S t c Supreme Court, that ruling will be found
right.
Let every %jjuryman remember that, for the time
being is committed to him the guardianship and
custody Of the incstimablc right Of trial by jury,
snd let him stand up IL the independence and tho
stability Of Il man, and if the judge undertakes to
p insult him by such questions as | have referred to,
let him treat the insultcr as he would if he met it
elsewhere. Let him take thatiSsuc, and he need
not fear imprisonment. But suppose the judge
> should say, You may stand aside. Let the ~jurymarr
say, | don't choose to stand aside. l do not come
here by the request or by the order of the Court; /
come here by Il provision Of the Constitutions; |
2 stand here as "A guardian Of popular rights, and
e will not step aside. Let the prisoner claim his
rights; let the counsel for the prisoner assert it; let
him saw that he il Il man qualified Inv the law tO sit
as a juror. Let the Judge imprison him if he will,
Il God grant that that issue may come. 1t can
not come too soon (sreat applause), And let il
$ come when it may, this battle has got to be fought
@ Eternal vigilance is the price Of liberty, and when
it does come, | close in the language Of John Mil.
" burn, may the gracious spirit of Almighty God
d counsel and direct you to such Il course as may be
t for the good Of the State and for His glory.
Three tremendous cheers were then given 70,
h Mr.. Hale.