San Andreas independent., 1857-03-14

The first question which presents itself for
consideration, is whether the answer OF the ju-
ror was responsive to the interrogatory, and
disclosed any disquali6cations on his part.
There is no important difference between con-
science and principle. Conscience is defined
by Webster to be {. internal or self-knowledge
or judgment of right and wrong or the faculty,
power, or principle within US which decides on
the lawfuness or unlawfulness of our actions
and affections, and instantly approves or con-
demns them Conscience is so called by some
writers, the moral sense, and considered as an
original faculty of our nature.n Principle lie
also defines to be, in general sense ..the cause
source or origin OF anything; that from which
thing proceeds, as the principle of motion,
the principles of action. Ground, foundation,
that which supports an assertion, an action, or
OF series of actions or Of reasoning. gen.
eral truth, a law comprehending many subordi-
nate truths, as the principle of morality, of law
OF government &c"
In the language of the learned counsel for
the appellant, q the one is the result of judg-
ment, is tested by reason, defended by argu-
ment and yields to the decision of an intelll-
gent mind The other springs from some in
ternal source of self-knowledge, which owns no
superior, bows to no authority, yields to no de-
monstration and is governed by no law. 1t ig-
nores reason, defes argument, and is unaccount-
able and irresponsible to all human tests and
standards 1t is law unto itself, and its scru-
pies, and its teachings are not amenable to hui
man tribunals but rest alone with It's posscSsor
and his God"
All writer's on moral philosophy make this
same distinction. In fact, in very many cases
conscience and principle have no connection
whatever, and man may be opposed OH prin-
70 hot ba cciautipucIv heliavac fo l,a
right many men are opposed on principle to
capital punishment, because, as often remarked.
they believe the worst use that can be made of
man is to hang him. They believe that So
ciety would be benefited by the adoption of
some other mode of punishment and vet as
long as the law provides that certain crimes
shall be punished with death, would feel no
conscientious scrupleS in finding a verdict of
guilty against one accused of such a crime
With them it is principle, founded on political
prejudices, or public policy, with which con-
science has no connection whatever. 1t will not
do to say that the words conscience and princple,
are used in common parlance as Synonymous
we have shown that they have distinct and
separate meaning wel-recognized, and we are
bound to suppose that the Legislature employ
words with reference to their correct signifca-
ton.
1t is contended that the prisoner has not
been injured by the allowance of the challenge
and that it is the duty Of the Court to affirm
the Judgment, unless it clearly appears that
error has interviewed. In other words, that the
prisoner having been fairly tried by compe-
tent jury, we are not at liberty to say that the
result would have been different if the Court
had not excluded the particular juror excepted
to. What the result might have been under
such circumstances we are, of course, unable
to say; but the human mind is so constituted
that fact and circumstances do not always pro-
duce the same results the judgment of two
men upon the same state Of facts may be dia-
opposite, particularly in the deter
mination of a criminal case, when every doubt
is carefully weighed and scrupulously balanced
1t is enough for us to know, that the result
might have been different-that the prisoner
was entitled to be tried by panel summoned
in particular way, and that the Court erred
in deciding that one OF the jurors was ncom-
petent.
Judgment reversed and new trial ordered
MURRAY, &. J.