Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1861-02-20

! What in human affairs, is better calcul 4
, ted to impress the conscience and ava
ken all proper sensibil:ties? An oath
) duly considered, is dreadful thing, un-
der any circumstances, but owing 20 III
commOnness, it has come to be very
slightly regarded, and when administer
ed to group of men in a,jury box, is sc
much q matter of course, that it is liable
to pass as an idle form, and not to pene.
trate the conscience. But when it is laid
upon each man before he passes into the
box, and while he stands in the mmed,
ate presence of the court and the prison
er, 1t must have a power, or to say the
least of 1t, it may have power altogcth-
er peculiar TO itself. with which no court
has right to dispense. Obligations as
sumed oy a multitude never press on
each individual with that distinctness
and weight as when individually assu>
med.
These appear TO ME to be reasons in fa-
vor OF the ancient mode of swearing .ju.
rors, but if they are motif am mista'
Ken in Supposing there was good reason
from the beginning for the several oath
reply, vel, be it so; but there is the mode
plainly prescribed, and if We cannot dis.
cern the easDns for it, no judge has a
right 10 set it aside upon the gratuitons
assumption that another less solemn
mode will do as well. Whether the leg
islature could reform 1t and substitute
something else, is not the question, for
the legislature have not attempted it, but
that Judge cannot break away from long
established modes of procedure in n Grim
inal case involving the highest interests
of the citizen, and violate constitutional
rights Which the people have decreed
/ shall be inviolate, is proposition that
ought TO need no argument for its sup
port.
The next and final reason or the court
is that the objection, being matter of
form, should have been made at the time
the jury was sworn, and that il was an ir-
regularity, which must be considered as
waived.
! cannot agree that it was matter of
form. For the reasons have ventured to
suggest, | think it was matter of sub
stance, but whether form or substance, it
was a constitutional right of the accused,
and therefore should have been conceded
10 him without question or denial. His
conclude him. If. on the other hand, he
had expressly agreed and asscnted to the
irregularity, as the prisoner did in Mills
Case, II. $50, and Peifcr's Case, , II.
40, would be OF liged to say as Ch. J.
Gibson did in the last of these cases, 81
think no consent Of prisoner, in the cX-
tremity Of his need, ought to bind him !"
or as Ch. j. Abbott did in Rex y. Wolf |
Chitty's r. 4Ol, that "a prisoner ought
not to be asked to consent to an irregu-
larty." If express consent would hot
have bound MIN, much less his silence.
To have put him to oIject.ng and excep-
ting to orders of the court intended for
the convenience of jurors, would have
compelled him 10 prejudice his triers,
and imperl bis life at the threshold of
I e rial. 1t was the business of the coult,
and not of the prisoner, TO direc. the
forms of the proceeding, and if a mistake
were made TO his prejudice, he is entitled
to the benefit of it.
have now shown that the prisoner was
deprived Of constitutional right, for rea-
sons that were wholly made late, if indeed
any reasons could justify a court il. with
holding constitutional right from an nc.
cuseu cl'izsn' ana l come now TO the
ques'loh why shouId lie not nave rearess
IN lhis court! .....
The single reason assigned by the ma,
Jorlty' Is that the matter complained oi
does not appear upon the record. They
read IN the docket entries fhat theJurors
were duly empanelied, sworn or alhr N,
ed, and applying the maxim that all
th'igS are 10 oe presumed 10 nave teeh
correctly dohe' they conclude that the
Jurors were sworn III the manner lhey
Should nave peeh' me statement 0i
0uuse Lynn Which ! nave quoted IN lu!l,
as showing now me jury we sworn, 10 salu
10 De no part oil 'he record, ana tn"t IL
mas oeeh "I'eh neia that inc record cam
not De corrected oy sucH statehehls:-I
Even II IL c0uiu' IL Is saiu 'he same oplh'
ION SHOWS 'liV no oIgeG'io'l was nia.e 10
.he manner III wiiicii 'ne o"'h OF aiiirma'
tiom was administered ..e
inc majority 90 hot attempt 70 JUSTLY
Judge LINN departure rom the forms oi