, 1862-04-26

is Of the highest importance to the poor
man to have this power Of putting him
upon trial for crime confded to the safest
hands And It seems that the Grand Jury
is much safer tribunal than q country
judge or justice Of the peace or any other
single man.
This new Constitution will entirely de-
prive the poor man and every citizen Of
this protection. Under it any person may
be arraigned and put upon tria. by the
mere affidavit OF complaint on oath Of any
one Of his enemies ANY citizen Of Illinois
may be subjected to the annoyance and
disgrace Of a criminal prosecution under
this new Constitution, and he will have no
protection from being accused Of crime
and put upon trial for it BY single man;
and perhaps We may add that in some
places political or personal u will may
affect the judgment Of the officer or intiu~
ence his action. This power, it may be
said, only extends to misdemeanors, but it
includes all cases by fine, however great, !
and by imprisonment in the county jail or
bridewel', however long, and in some cases |
the convictions entirely disfranchisc the
party from eyer voting, or testifying in a
court, or, sitting upon a jury, as in cases of
petit larceny.
1tmay be said that the defendant if con-
victed can appeal and have g. ne,o trial.
This remedy may answer rich rogues, aud
may suit criminal lawyers; but, it is not
the remedy for poor men. The present
system Of grand jury and to be regularly
tried in a competent court, in the first in-
stance, is better than the proposed one,
and it is better for the people. Under the
| new Constitution, every rogue that has
money can have two trials, as matter Of
right, by taking an appeal He makes the
public double the expense by taking an
appeal and trying bis case over again, and
increases the uncertainty Of q conviction
by having the right to the verdict Of two
| ju1ics: that is, all Of twenty-four men,
or two juries Of twelve each, must
agree, or he will be acquitted Every man
who is able to pay for it must be convicted
twice before he can be punished; and
| every poor man must be punished with
only one conviction, unless he can pay for
appealing his case, and his conviction is by
the lowest court.
Grand Jurics are established to save ex-
pcnse, it is said. VIII not the cost Of try
ing cases over again on appeal be ten times
as much as the cost Of finding indictments.
All criminal prosecutions are carried on at
the public expense from necessity, as 10 one
could afford to pay these expenses on his
own account Now as any man can prose-
cute his enemies at the public expense by
making an affidavit Of some crime, these
cases will largely increase in number, and
so the expense will be greater than the
Grand Jurics On the score Of increase OF
friyalous aud malicious cases. A Grand
Jury ignore such bills, but party prose,
cutcs and makes cost and trouble without
Grand Jury to restrain him.
Will not the difficulty and uncertainty oi
e1Acfctio7a increase the amount of crime
Cannot 3 rich criminal defeat justice entire
ly by worrying out witnesses, and by con
tinuanccs and delays? Does not the cost
Of each trial amount to ten times more than
the cost Of finding the indictment? Be
sides, who is to examine jails and public
I buildings and prevent nuisances? WHO
, will protect prisoners from the neglect an6
!: i'll usage Of jailors and oficers2
] am no friend to the economy that place:
all the power or all Of the responsibility il
, the hands Of single man. 1t may bs
cheaper, but our liberties are safest in tl1'
,, hands Of many. The masses must bc edu
: Gated TO fill the public places and to know
y the laws and their duties as citizens. The,
can only be educated by being placed il
responsible positions. Our people are ben
Gifted more than the cost to the public, b.
being placed upon Grand and Petit Ju1ie:
If the great object Of government is t
:. save expense, why not abolish Petit Jurie
as well as Grand Juries? 1t would b
cheaper to have all these criminal cast
: decided By Judge than by jury; an
cheaper still to have them decided By
justice Of the peace. But would it be safe
Would it be wise in the citizen or Cover
= ment2 Who would not rather trust b
v 1;he7tv or b;s reputation with Jurg tbe
20 with single judge or justice, who mig
- be Influenced or pzejudiced by political
'e ne,sonal considerations And ifa char
IL s+o Iva hro,,oh+ oa;nst 1,s VIM won
E NIT rather it would be nriyately submit
70 to tventy-three of the most substantial c
L. liens If the county. to enquire whether.
ac examination of all the testimony on til
.'7 oatbs. they find the accused ought to be :
VI unon trial. than to be publicly arrested q
~ dracced before a Judge and publicly trj
~ m n mere affidavit Of any man? T
'1o must take place under the new Consti
t;on.. The 51dee must be comnellcd
49,. 49, law to arrest you by his warrant, public
-! On any mans affidavit without any disc
" ~ ton at Ill or else he must have q disc
S tion to arrest you or not. as he pleas
s's If he must arrest you. on an affidavit be
W made then vo11 are to be diseraced h,
Far paohc aeeusauon OIL c11me anu you ut