Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1860-11-30

;
(Fror Walton's Daily Journal.)
This measure contemplates so great and so in
| portant change as to require that the adoption
Of it should be attended with the most careful anc
| cOnsderate deliberation. The change which is t.
DC made by it is essential, affecting the vital in
terests of the people. Before determine to dis
pense with it we should be sure that we will gel
| an equivalent for it. To abandon it without O
| sure guarantee that sha find safor and bet
ter substitute for it unwise and impolitic
| The system is old and has came down to US with
the cumulative sanction of the enlightened people
of the world, and has always been regarded by US
as the sacred palladium Of our liberties. 1t has
| existed among and met the approval of, not bar
bBrous nations, but the most intelligent and en-
| lightened people under the sun. lie deemed i,
wise to give up nothing that was valuable, till a
better and practical substitute presented.
| The gentlemen from MorTistown had characterized
spirit as like that Of the phlegmatic, plodding
| Dutch farmer, who persistently clings to the
practices and usages Of his fathers declining all
innovations and improvements. We would not
abandon the Dutch plow so long as it was a useful
| and valuable implement, until convinced that
! there improvement that, on the whole,
would render the change desirable and profitable.
We may be old fogies, but we are willing trust,
to adopt any reasonable change in our civil or ju-
dicial affairs; any change that is manifestIy and
conclusvely for the better; but look at this body
men; at this considerate sagaciou and conservative
! body of men, styled the grand jury. Can man
regard them without a conviction that they form
a safeguard for our liberty? 1t stands between
the prosecuting officer and the party arraigned it
scans the evidence, detecting fasehood and
thwarting malice; checking wilful and vindctye
and cowardly enemies in their neiariOus designs.
BY its character its composition and its number,
it is less liable to be imposed upon, or TO be cor.
Tup;ed than an individual.
What are the objections to it? First, it is
said it is secret. Wcll, if there be evil in tiis
reform it. Do not dispense with it because it is
secret. Long experience, however has demon
strated that secresy in its operations is best; that
It affords security 10 innocent persons arraigIed
efore il, and aids the prosecution in case of the
utility. When guiltless person is brought be-
fore II on false and trumped up charges by some
malicious enemy, he is acquitted and the charge is
never blazoned to the world to the dana &c OF his
reputation. the case Of the guilty Its secret
movements cnhanctt3 chances OF conviction and
arrest, for if thesep ceedings made public
the opportunity for escape would be furnished.
secondly, ii Is expensive. Wei, il is true, that
it costs something. 1t is also true that It costs
something to educate our children, to punish tn
guilty, to maintain Government But what g this?
Let stop to reckon the cost Of the substitute.
By its provisions the States Attorney must timer
ate; his duties will occupy all his time; you will
have TO double his salary; ycuwill have expend-
iture for the new scheme not less than that Of the
grand jury system, and one that vii! lie more ex-
pensive than the latter. The third objection is
the method Of trial is parts, and is secret Does
the ubsttute offer any remedy for this Nothing
is to be saved far the innocent are concerned.
They have no fears Of the Grand Jury; they do
not demand any change. 1t is the wicked, the
guilty the law-breaking that have any fears Of it.
The innocent shielded and protected by The
Grand Jury. They are prosecu ted through malice,
from vindctive motives, or through the excite
ment that prevails in a community. Mr. Stoddard
mentioned two cases illustrative Of this. One &C.
CURED in Brattleboro, where, in state Of popU-
lar excitement, man was arraigned for incendia-
rism, and after protractet examination was bound
up TO appear before the Grand Jury. When he
was presented to that boiy who were free from the
prejudices and from the excited feelings that had
been prevalent in Brattleboro'. who made dis
passionate examination, only four of the body
were in favor of finding bill against him.
He also referred TO another case that occurred IN
his own practice, where Of the parti in
suit arraigned for perjury through the instru-
mentality of his opponent, who was animated by
the bitter and vindictive 81 irit that engen-
dered by their quarrel. But the grand jury pro-
nounced the evidence insufficient to warrant in
dictment; the prosecution was rather the result Of
enmity and hatred than founded IN truth and
Justice. BY this substitute that is proposed the
prosecution rests in the hands Of the states attor-
ney. He is hut single man, and is OF course
not. The legal profession not free from the
inhrmities and weaknesses that are common TO
man; they not intallibe; not proof against In
fuences that may warp the Judgment and bend
the integrity. There may be cases where bribe
will reach them, where the undue inhuenc OF men
of wealth or high position may sway them from
the faithful and efficient discharge Of their duty
in the prosecution of offenders against our laws.
But fortunately, the grand jury is beyond the
reach Of brihe is beyond the reach OF corrupt
ing and debasing agencies Its number, the char
acter Of the men that compose 1t, forbid TINS For
the sake Of the innocent for the So OF the pure
administration Of Justice, 1t is to be hoped that
the grand jury may not be exchanged for 4 sub
stitute that is liable TO fail of attaining those
objects Cor which it was instituted Wicked men
may fear the former, they may justly regard 1t
with dread, but honest men will gladly rejoice
that il exists the protection to their property,
their lives and their regulations. othing viii be
saved by the exchange. The cost will be doubled
YES trebled. by the new system which is to be in
itiated The lawyers know this; they know, too,
that il will put money in their pockets if the
change to made. If they were selfshly mindful
of their own interests they would remain client
and LET the bill pass But regardful OF their oaths
they speak out against the step, and protest
against overturning this bulwaTk Of cur HbeT-
ties this safegurd Of our freedom Only husas are
offered for wheat. An avenue TO corruption and
to bribery is to bo opened by the establishment Of
! this new fystcm. And, as he lad already remark
| cd, the cost Of trial will not be diminished tho
expense the State will be less, at least, than
now, the costs Of the defendant in Of trial
will be largely augmented. and will be oppressive,
although he may be guitle5s and he may be &C.
| quilted
ItmaJ Dc SAID by the advocates &C the measure
ha. il the new system IS iraugurated and il does
not como up to their expectation, if 1t does not
work well, we may return t" the present grand
jury To this We will gay that it is hard to return
4 an institution that has once been foraker. u en-
cling tenaciously to that which is firmly ostab-
Ished prevalent usages, parties and institutions.
We this IL the breaking UP Of parties oid
Wbigs refuse to h, divorced from the principles
aud tho name with which they have so long been
identified. Democrats still remain Professionally at
tached to either wing Of Their disrupted party,
although i Is :ivcn asunder Il viii be most dit
1icult 10 retsaee course in tlis matter, If in
dee we can at all, although serious evils may
grow up under its operations.
at is relic of barbarism," say thee. Nhatev-
c. may have been its origin, it comet Re charac-
terized as a harharous Institution. 1t was one
which the advancement of progressive civili1a-
ton had developed and perfected. 1t had exist
ed. and Continued u exist, among the most en-
lichteuc nations, and came - Us with their en-
dorseIneut ard approval. Let us see what the
b,rbariaus who framed our general government
DID in respect u this relic Of barbarian. In the
original constitution any provision coAceInih?
dis institution was omitted. But the sober second
thought of the men who framed that instrument,
co.vinced them that there q necessity and pre-
lgiety in psrpetuatins in our system OF free III
situations TINS relic and in accordance with TIER
conviction they incorporated it in the constitution
IA tle i"rm Of AT amendment, nhich was rauhel
Icy t-t several States then forming the United
Stttes iAanK u Of that il is in the Constitution
q the United States / wish it were in these Of
al the states IN tn nion Let US be sure, then,
L-fore we forsake 1t. that VIC have valid en-! "a
tional grounds for such Course. Let US, also, be
sure that are going to get an cquiyalen t; that
we are gong to get lair substitute, that will
not prove TO be more defective and inefficient and
attended with more evils than the system which
" c arc now asked to abolisa.