Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1857-02-20
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FRIDAY. FEBRUARY 20. 1857.
No Jnrr Que.tIon.

upon the subject by the great luminaries of the
law. living and dead, to find those claiming to re-
present large share of the legal lore OF the pres
ent day. denying their soundness, and wishing 70
restrain their application. Among the numerous
authorities which might quoted, IN aaa' ION 70
those already given, none could have higher
claim to the regard Of all Americans, of whatever
party, than the early fathers Of the Republic,
those most instrumental in securing to US our
present rights and liberties. Surely, the opinions
of the Trainer Of the Declaration Of Independence,
AMI Of the main pillar Of our strength in the Rev
olution, Thomas Jefferson aud John Adams, can
not but have some weight with the present race
of legislators.
Thomas Jefferson, in his notes on Virginia
says, in speaking of the doctrine and practice of
Jurors in his day -
These magistrates have jurisdiction both
criminal aud civil. II the question before them
be question OF law only, they decide on it them
selves bat if it be of fact OF fact and law COM
bned, it must be referred to aiury. In the latter
case, Of combination Of law and fact, it is usual
for the Jurors decide the TACT and to refer the
Law Arising on it to the decision Of the judges -
But this division Of the subject lies with their
discretion only. Aud If the question relate 20 any
point OF public liberty, or If it be one of those in
which the judges may be suspected of bias, the
Jury undertake to decide both law and fact. If
they be mistaken, decision against right, which is
casual only, is less dangerous to the State, and
less affecting to the loser than one which makes
part of a regular and uniform system. In truth it
Is better to toss up cross and pile in cause, than
to refer it to judge whose mind is warped by any
motive whatever, in that particular case. But the
common sense of twelve honest men, gives still 3
better chance Of just decision, than the hazard of
cross and pile"
And John Adams, in his diary, thus reviews
this question:
"There is nothing to distinguish the govern
ment of Great Britain from that of France or of
Spain, but the part which the people are, by the
Constitution, appointed TO take in the passing
and execution of laws. Of the legislature, the
people constitute one essential branch; and,
while they hold this power unlimited, and exer-
else it frequently, as they ought, no law can be
made, and continue long in force, that is incon
venient, hurtful, disagreeable to the mass of
the society. No wonder, then, that attempts are
made 10 deprive the freeholders of America, and
of the county of Middlesex, of this troublesome
power, SO dangerous to tyrants, and so disagreed
BILE to all who have vanity enough to call them
selves the better sort. In the administration of
justice, too, the people have an important share.
Juries are taken, by lot or by suffrage, from he
mass of the people, and no man can be condemned
of life, or limb, property, or reputation, with
out the concurrence Of the voice of the people.
As the Constitution requires that the popular
branch of the legislature should have absolute
check, so as to put peremptOry negative upon
every act of the government it requires that the
common people should have complete con
troll as decisive negative, in every judgment of
a court Of judicature. No wonder, then, that the
same reckless ambition of aspiring minds, which
Is endeayoing to lessen destroy the p0icer of the
people IN legislation should attempt to lessen or
destroy it IN the execution of the laws. The riqhts
IN al the English history. The passions
which have disliked one, nave detested the other,
and both have always been exploded, mutilaIed,
or undsrmin d together.
The British empire has been much alarmed, of
late years, with doctrines concerning ures tn cir
powers ami duties, which have been sad, in print
ed papers and pamphlets, to have been delivered
from the highest tribunals of Justice. Whether
these accusations are just not il is rain that
many PERSONS are misguided and delnded by them
TO such degree, that we often hear in conversa-
ton doctrines advanced for law, which, if true,
would render juries a mere osten tation and page
anlry, and the court absolute judges of law and
fact. 1t cannot, therefore, be an unreasonable
speculation, 10 examine into the real powers and
duties of iuries, both in civil and criminal cases,
and to discover the important boundary between
the power of the court and that If the jury, both
in points of law and Of fact.
But it viii BY no means follow from thence, that
they are under any legal, or moral, or divine obi
&atobg 70 una a special verdict, when they them
sS!yes are in no doubt of the law.
The oath of juror, in England, is to deter
mine causes according to your evidence" In
this Province, according 10 law and the evidence
given you" 1t will be readily agreed. that the
words Of the oath, at home, imply all that is ex-
pressed by the words Of the oath here; and
whenever general verdict is found, it assuredly
determines both The fact an the iasc.
1t was never yet disputed or doubted that
general verdict, given sader the direction of the
ecitri IN point OF law. was legal determination
OF the issue. Therefore, the jury have power
OF deciding an issue upon a general verdict
And u they have, is 1t not an a6surdiy to sup.
pose that the taD tcowtd o5hge them to fnd YER
dict according to the direction of the court,
sga'nst !hetr oTn opinion, judgment, and con-
Now, should the melancholy case arise, that
the judges should give their opinions to the Jury
against one Of these fund ,mental principles, is a
juror obliged to give his verdict generally, accord
ing 10 tbst direc ton, or even to find the fact
specially and submit the law to the court! En-
cry man, Of any feeling or cons :ience, will an
swer NO. 1t is not only his right but his duty
IN that case. to hnd the verdict according to his
own best understanding, judgment, and con-
science, though N direct opposition to the direction
Of the court. Tbs Engtish ta0 o6tiges no man 10
decide cause rpow oa'h against his oton juaq.
nsent, nor does 1t obtige any to taks eny opin
io1 on trust or 70 pun his faith on the sleeve OF any
mere man"
Such were the sentiments in reference to this
great and important question, as affecting the
rights of the people, in which these two great
statesmen of the revolutionary era conceded, and
the lapse Of time since these opinions were ut.
tered, has only served to give them additional
weight.
The men who, at this late day, and in Massa-
chasetts, too. are now surviving to deprive the
people Of one Of the greatest attributes of tria,
by jury-to lessen the fundamental rights of the
people, and confer additional powers upon the iu.
dietary, no matter to what party they profess to
belong, ought not to be considered as the fIiends
Of truly democratic government.
In striving TO influence legislation in these
backward steps, as they propose they aye, al
thtugh perhaps unconsciously to themselves, CO.
OPe ating with the tyrants and Oppressors Of man
kind, against one Of the dearest prerogatiyes Of
republican liberty; and we cannot but express the
hope that the common. sense ideas Of democratic
liberty Of the members eff the popular branch Of
tas Legislature, will be successfully interposed
Il the present time, against this pet scheme of
the conservatives Of the Senate, who. in their
distrust Of the people, would abridRe their en-
jOyment Of preToeatives and rights which are the
well earned heritage Of the Anglo-saxon race.
VIOLENT DEATHs.-There we're no less than
ten coroner's inquests in New York. on wedpes.
day, upon the bodies Of persons who had come to
their deaths by sudden or violent causes, under
such circumstances as 70 render an investigation
necessary,