, 1862-05-03
THE REVIVAL OF THE STAR
CHAMBER COURTS.

How body OF men could be found in
this enlightened day, so regardless Of the
protection Of character, liberty, and prop
erty, as to propose to revive tho Star Cham
ber Court, in its most odious and danger.
ous form, is past all comprehension. Of
aD The numerous objections to the new
Constitution, this feature of it is most in
portant and alarming, for it strikes down
the most essential bulwarks Of liberty and
justice. The 111h Section Of the Bill of
Rights. declares, That all ctfenses less
" than felony, and in which the punishment
" Is fine, or imprisonment, otherwise than
" IN the peniteuiary, shall be tried
Il su7''ndT5}y before the court authorized by
CLAW to Try the same, upon inforn,a,i, N
under oath without presentment or in
tt dictment Of grand jury, saving to the
" defendant in all cases the right Of appeal
The 24th section Of the 9th article gives to
the County Courts Jurisdiction in crirni-
" nal cases not extending to death OF i'm
"1risonmcut IN the pcnitcntiary, without
any presentneni or Indictment from o
grand jury and in the 29tn section Of
the same article, it is provided, "that tue
General Assembly shall have power to
"conivr Jurisdiction upon justices Of the
peace 10 punish hy imprisonment for i
"timc not exceeding thirty days"
Under these provisions there is, first. an
information under oatk, to be flied by so1ne
person, charging another with some crime,
Second. lie may be dragged before !.
county court or justice Of the peace. and.
without the intervention Of jury, tried
summary, convicted and fined, or impris-
oned, at the viii Of such Judge or justice.
On the oath Of any person, prompted bv
malice, passion, or stimulated by the hooe
Of eztorting black-mail, and however inG.-
nous may be their character, any citizen
may be arrested, dragged before county
Judge or justice Of the peace, however is-
norant OF stolid, who is made the sole
judge Of the law and fact, coa1icted- hor.
ried to prison and his character blastcd
forever.
Under our present Constitution, no man
can be put on his trial charged with an Of:
Tense, until the charge has been investiea-
ted by grand jury, and twelye concur in
an Indictment jet malice and cflicauery
often succeed in procuring the indictments
OF innocent men. Ali these safeguards are
to be broken down, and the character
property, and liberty Of every citizen. are
put into the hands Of single prosecutor
and dependent upon the ignorance, preiu-
dice or corruption Of single judge or ius-
tice Of the peace-it may be Of an O'MalIy
or Penderyast, who prostitute their office
through bribery or mulignity to judicial
robbery and extortion. Who would deem
himself safe, should their successors be
1eund with the power in their hands, con-
Tered on such officers ly the new Consti-
sunon What has existed is likely to cx-
,s' AGAIN There are other O'a1aLys and
frendergasts, watching to secure the
places which they held. The hare ,oss;.
bility that such NTH NAV be- clothed xr;tb
such arbitrary and dangerous power is an
palling.
ID This system WAS Matched in the co, ~
Of English tyrauts-it was the chosen II
strument through which they filed the
prisons with the victims of their fear hate
or cupidity, and by fines and impositions.
stripped them Of their property. Resist
ance to the enormities pe1petrated BIZ the
Star Chamber Court, more than anything
else, led to the revolution in England that
-deluged that land with 1ts best blood, In
'Hhich king lost bis crown aud head.
And That court was buIwark against op-
press'on when compared with the system
proposed By the new Constitution. Ityas