Sioux City register. [volume] (Sioux City, Iowa) 1858-1871, 1862-11-15

opu Importance OF q Tribunal whose de- |
cisi ons are worthy to be followed as pre-
cedents and authority. Some of them
might grace the Drawer of Harper's
Monthiy-but they would not indicate an
Intimate acquaintance with the benign,
wholesome and vital principles of the,
common law.
AS there was no reporter present at
the trial we are curious to know who has
undertaken the report; who is to Undue it
with fairness and truthtuness. Inasmuch
as the Judge is so certain that IL willvin.
dictate him, it is quite probable that the
report as is usual with orphans, is under
the especial care and direction of the
Court
The Judge has much to say about our
"educa,ion'' and experience in the U.
S. Courts. We make no claim to large
amount of either, especially in Court of
such inferior grade as his, which embraces
within lis jurisdiction not more than three
hundred people. There is however such
a thing as education wasted-as expe.
rience without profit. A person may
have had an experienced oh eryatnn OF
U. S. Courts" aud yet make mockery Of
justice when political favor clothes him
with their functions, and arms him with
their powers We have yet to learn that
I. ). Courts are closed against the plain.
est principles of justice; that it is their
province to divest the trial BY jury of
much that renders it sacred, and of all,
that constitutes it bulwark Of LIBERTY
1t may be otherwise in Tennessee, but
here where persona liberties are cherish
ed, and the humane provisions of the law
respected, I. 5. Courts do not bnbitually
| indulge the vain and foolish Imagination
that they are enlarged : with such "a
large allotment ofjudicial administration
as to justify them in empannelling iures
to ,rample the local laws under foot and
make their own arbitrary will the measure
OF men rights. Congress has enacted
that U. S. Courts ''shalI have power to COM
form rules TOR empannell.ng juries, as near
| as may be to the local laws We quote
I from memory. but the above is substantial
ly the provision. 1t evidently contenplates
! that local laws shall be made the standard
| for such matters in L. S. Courts aud ii is
the general custom for these Courts to res.
pect and follow the local law. It's left
to the Third Judicial District OF Dako,a
with its three hundred white citizens TO
give the /. s. Distric; Court the character
Of an anomalous institution
Judge W. admits that he allowed Mr.
Marsln no challenges for cause, and at.
I tempts to cover up the shame of such q
proceeding BY saying ths, zee g would not
have one applicable rule in common to
misdemeanovs and capita! cases A man
is entitled to challenges for cause in
all cases OF jury trial. Plainly we
can tell the Judge what 10. rr1uid not
hare. We would not have the horor of
ignoring right which even Judge Lynch
usually comedies to the accused the
| right OF challenging for cause. We would
not have the distinction of DENYING TO an
! humble citizen of Dakota right which
the Legislature of tina, Territory has de.
clared him entitled to the right OF eight
peremptory challenges We would not
! have the credit of inauguratiDg a 81 stem
which enables a Marshal, if So disposed
| to pack Jury for or against any party
! The meanest mortal that lives has a right
! to a TAR trial before an impartial jury
"a jury not composed Of enemies or con-
. tederates, but a jury having neither inter.
est nor prejudice, nor hopes, hor fears to
! dictate their verdict Ard such a Jury
cannot be obtained when "a Court stub.
bornly closes the door Of inquiry and
Iorbids any investigation which might dis
| close The most bitter hatred aud prejudi
ces in the minds Of the jury. 1t was this
that We complained of SO grievously in the
case of Mr. Mar iiu
! 1t is well knowA that DR.. Burtigh spill
ed II large amount of liquor for Mr. Mars.
liuand in dolngso DR.. Burleigh, clearly VIC.
! lated the law. He might seize but not de.
stroy it. II Marsliu vas acquitted, Of an at
tempt to introduce this liquor upon the
Iankton Reservation, then DR.. Burleigh
was certainly llat lie for the full value Of
the liquor destroyed. Hence Dr. 3. was
really tne party most interested in the
prosecution, quite as much so as the Uni.
ted States. TO an eye accustomed to vii,
ness impartial jures, it SCENE! somewha,
strange to see upon the jury, that sat in
that case, brother Of DR. Barleigh, six
of his employees, and favori;es from The
! 1ancton Agency, some oil them his I'M
portatisns from Pennsylvania, aud the re
nainder were his especial pets, and sriends
A., tLa a,,n,,ay If Mr. Marsl;, ,y, l.