Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1857-03-31

the hills around their dwellings. That firm
underay Of our liberties crops out on the loft
lest ridges of our Colonial and Revolutionary
history. 1t would be al affront to a well read
lawyer, or an enlightened statesman, to ques-
ton his intimate knowledge Of such meaning
and use of those terms as have already
spoken Of. The libel case Of Zenger, tried at
New York in 1884, is we'll known illustra-
ton of the meaning of the fathers. For the
benefit Of any who may not have known that
renowned case, as well as to refresh the mem
orIes of the iorgetful, we here cite its sub
stance
John Peter Zenger, German. established
in New York, in 1888, paper, called the
Weekly Jotaaak. In December of the follow.
ing year he was thrown into prison. where he
lay in close confinement more than eight
months, on warrant from Governor Crosby
and his Council, for certain structures on them
published IN his Journal. On the trial the
Court ruled that the truth of the facts alleg-
ed, and admitted to have been published by
Zenger, could not be given in evidence. The
Court also ruled that the jury were not judges
Of tie lar, but only Of the facts and per
emptorily ordered them to find the prisoner
! guilty.
Andrew Hamilton, an eminent LAWYER of
the Philadelphia bar, though aged and infrm,
had come to New YORK. in defence of the ac-
! eused lie resisted by his learning and elo-
! Queuce the ruling of the Court on both points;
| and though checked and reprimanded from
! the bench, he persisted, and boldly enioined
on the jury to disregard the instructions of
the court, and to find verdict for the pris-
oner. Zenger was accordingly acquitted.
The Common Council of New York presented
Mr.. Hamilton the freedom of their corpora
ton i'll gold box. The verdict was hailed
IN the other colonies as signal triumph of the
hereditary and chartered rights of English
men, over judicial usurpation and tyranny.
The Narrative" of Zenger's trial was pub
lished at New York, and was soon re- publish
ed IN Boston and in London. 1t was again
re- printed in New Y ork in l770, as an ex-
ponent of the rights of Juries and the priuci.
pies of freedom, then soon to be vmdcated
by an expresslonIof the peoples will, which
the wide world might never mistake.
But we pass from that bright illustration of
the right of trial by jury, to another which
had shined on the path Of freedom, with
clear and steady light. for generations before
the American Colonies rose to the dignity of
independent States. We refer to vol
ume entitled "English Liberties" compiled
by Henry Care, author of numerous learned
works, chiefly in defence Of civil and religious
freedom, published in the seventeenth centu-
ry. The fourth English edition, enlarged by
William Nelson, of the Middle Temple, was
published at London in 1719. This more
complete work was reprinted at Boston
in 1921, and sixth edition, numerously and
extensively subscribed for in the Colonies,
was printed at Providence in 1874. on the
verge of the revolutionary war which was in
full blaze, when the Bill of Rights of this
Commonwealth was framed at the urgent de-
mand, and established by the united suffrage
of the people.
| That small quarto, of three hundred and
fifty pages, comprising Magma Charta and
other famous monuments OF English liberty,
was the chosen hand book OF the enlightened
| freemen of New England and no authority
can so clearly show the political principles
then current and III particular, the import of
the phrase trial By jury, as this fayorite vol
ume, then so long and widely circulated as
! the exponent and defense Of the rights and
| liberties of the people, We take pleasure IN
| presenting to our readers the subioined ex-
tract from that work. Its careful perusal will
| best satisfy the reader. Let it circulate The
| people need it throughout the Common wealth.
A FREEMAN.
Extract fl ON s. English Liberties, or the Free
Born Subjects Iaheritance." GSixth edi-
ton, Alto. Providence, 1774
1t is one of the miserable follies of de-
PRAYED nature, that 1t commonly Sights pres
emit enJoyments, and rarely rates the good
is deprived OF them. This grand privilege of
trials by our country, that is, BY JUR1Es. as it
seems to have been as ancient as the govern
| ment, or first form of policy in this island-so
| 1t is thing OF the highest moment, and an
essential felicity to all English subjects.
| Deservedly is this trial by jury ranked
among the chiefest of our fundamental laws,
which, whosoever shall go about openly to
| suppress, or crattily to undermine, and render
only formality, does ipSo facto attack the
| government, bring in an arbitrary power and
is an enemy and traitor to his king and coun.
try; for which reason English Parliaments
have ali along been most Jealous for preserving
this great jewel of liberty trials by Jury
having no less than fifty eight times, since
the Norman conquest, been established and
confirmed by the legislative power no one
| privilege besides having been ever so often
remembered in Parliament.
/ Amongst other devices to undermine the
rights and powers of juries, and render them
| insignificant, there has an opinion been ad-
vanced, that they are only judges of facts, and
are not at all to consider the law so that if
a person be indicted for fact: which really is
no crime in itself by law, but is worked up
by words of form, as REASONABLY, seditiously,
&C., if the fact be but proved to be done,
though the said wicked circumstances do not
| appear, they shall be supplied by the law,
/ which you nre not to take notice of but find
the bill, or bring in the person guilty, and
leave the consideration of the case in law to
the judges, whose business it is. Thus some
people argue but it is an apparent trap at
once to peTjure ignorant Jurors, and render
them so far from being of good use, as to be
only tools of oppression to ruin and murder
their innocent neighbors with the greater for
mality. For though it be true that matter of
fact is the most common and proper object OF
ajury's determination, and matter of law that
of the judges, yet, as law arises out Of, and is
complicated with fact, it cannot but fall under
the jury's consideration.
i Littleton (sec 90S) teaches US that the Jury
may, at their election, either take upon them
the knowledge of the law, and determine both
the fact and law themselves, or else find the
matter specially, and leave it to the Judges.
1t is by applying matter of fact and law to-
gether, and from their due consideration of,
and right judgment upon both, that Jury
brings forth their verdict.
Do we not see in most general issues, as
upon not guilty pleaded in trespass, breach of
the peace, or felony, though it be matter of
law whether the party be a trespasser,
breaker of the peace or felon, yet the Jury
do not find the fact of the case by itself, leav-
ing the law TO the court, but find the party
guilty or not guilty generally? So that.
though they answer not the question singly,
what is law ; yet they determine the law in
all matters where issue is Joined.
LIS it not every DAYS practice when persons