, 1862-04-26

THE PoaE MANS CONSTITUTION.
TIis is the captivating title which has
been applied By the friends Of the new Con-
stitution to that instrument. As poor
mau, and one interested in this matter,
propose to examine some Of its claims to
the above title.
lam not aware that the poor man e2-
poets OF desires anything from organic or
other laws but protection and a guarantee |
that ali persons shall be held alike amena~
bic to the laws, that speedy redress shall be
furnished for Ill wrongs, that justice SHALL
be administered promptly and without de-
lay, freely and without being obliged to
purchase il, completely and without denial.
Il is the rlch and managing men, the
.fnancieTs, who expect benefits and profits
from legislation. The poor only ask for
protection. Does this new Constitution fur
nish protection? Are our rights more
secure under the new than under the old
Constitution?
The old Constitution provides that mo
"pe1son shall be held 70 answer for any
"criminal offcnse unless upon the present
"meut OF Indictment Of grand jury, ex-
ucent in cases Of impeachment, OF in cases
acoguizable by justices Of the peace OF
"srising in the army or navy or in the mi
u1itia when ia actual service in time Of war
nor public danger: Prorided, That justices
@of the peace shal try no person, except
a. as court Of inquiry, for any offcnsc pun
"ishablc BY imprisonment or death or fine
<'aboye one hundred dollars" Art 13
Sec. 10, old Constitution.
The new Constitution provides, "Tha
*:all offences less than felony aud in which
1.-THE punishment is by fine or imprison
"mcnt otherwise than in the penitentiary
shall be traed summaraly before Il cour
authorized By law to try the same upo1
"intorHGh9n uadsr oath acitAout pressn!
"mfnt or indictment Of Grand Jury, sat
"ing tothe defendant in all cases the right Q
appea7,"-vitc article 9, section II. Til
Constitution then crea!es the courts wliic]
are to trY these cases. "There shall be e.
Established in each county in this State
"cour, to be called the county court -th
reorganization CT which shall be unifort
s'thrpughout the state--article :, sectio
q. "Said courts shau have jurisdiction
"c1iminal cases not extending to death
imprisonment in the penitentiary; witt
"out any presentment or Indictment fro
"a Grand Jury" article G, section "a
tip not believe that this change in Il
Jaw is a wise ore; OF that it Will bcne
the poor man OF any one else, e
cept rich rogucs and lawyers n.
praticc in the criminal courts. Una
our present Constitution, before
poo1tst man can be placed upon trial 70
crime, the 1nM provides that twenty til
grand jurers four most substantial ci&iz'
are always selccted,) shall be summon
who cannot act unless sixteen arc prcse
and Twelve Of these must agree before
poorest man can be subjected to the
pense and disgrace of criminal prose
lion This is q very great protection fr
malice and persecution from enemies (
from vlndictiye persons it also sccu
q prosecution against real Grimm
where favor or affection on the part of
county judge or prosecuting alton
might shield The guilty. An infucu
citizen or politician might influence
judge Or prosecuting attorney to ref's
prosecute the guilty, or to compel the il
cent to answer for supposed crime,
pa7soe and oppress poor man st the
lie expense: 4 Grand jury would nj
- easily be deceived or Influenced. Is it
easier TO influence one man than twe
threee Besides, tofne one Of the TIVE
three would discover the designs O,
enemy when an attorney OF judge N
not Would not the judge be boun
ar1et any man who is accused, by sen
"A. warrant for fhe man and putting
upon -, and thus make public tht
grace If IN anests While q Grand
enquiries into the facts in sec,et, ani
charge Is not made public unless twcl
their number say upon their oatha
before him guilty. There Is great {
. - fon topu9lag q nan upon trfaf for q
unless there is q strong probability I
guilt; because even an accusation
crime will cling to man through Life