, 1862-06-11
Cir Gtihutte.
WEDNESDAY, JUNE II, 1859.
Shall the Right Of Trial by Jury
be Abolished In Illinois?
HEAR WHAT A DEMOCRAT SAYS,
Letter from Hon. W. z, MeAllister,

Editors Chicago Tribune:
The new constitution repudiates one Of the
cardinal principles Of the American Revolu-
tion: Giving his assent to their acts Of
"pietcnded legislation: for depriving Us, in
"Many cases, Of the benefits Of trial by jury"
This is one Of the specifications which our
foretathers made against the tyrannous King
OF Great Britain, and which is continued in
the immortal Declaration Of Independence
tu go forth to the world, through ali time. rs
n'other country, and appealing to the dread
arhtrancnt Of arms. Not that George the
Third had deprived them Of the right Of trial
ty- jury, altogether, but 'f in many casee.''
giles against the usurpations Of the Crown,
the civil wars and their accumulated horrors,
through which the people of England had
passed to establish th: sacred right of trial by
jury Long before the commencement Of our
Revolution it was the just pride aud boast Of
mon 1aw CT England, from Which our ances-
tors borrowed most Of the eternal ani hu-
ulane principles which lie at the foundation
o.; our Institutions. that there was no case in
Imprisonment, without the Intervention of q
jIry, except in the instance Of contempt Of
court.
Pafli&n:ent trepched somewhat noon this
a!.cient right by giving to Justices tile pu*
il 4 very few Cases, for trivial offeuses, to try
Il
William Blackstone, in l705 speaking of tits
Infringement, uses the folio wing 1orciblc lan-
Eaage:
"a third mischief which is, hat this trust will
fal1 into the ha1!s Of the mere tool5 Of Office, and
which even in the hands Of men Of honor il hishy
formidable viii be pro=:iluted to and ecand
40! a!oas pnrposes to me 1ow ends Of selfish a@bi.
thna 81 ir nact M ,9o
HnTcsiehr ~ onr ens;cnr 1ar11verS who antfre5
rci1ler the pro1:erty nor the pnnishment % Of the
subject to be determined by the opinion OF any
ou,: Of two men; and We may also observe the ne
ce.s1ty Of not dey1nSlng any further from o9r an
Slenl Gonsl1lut1on, ny 1saalnlng new penalties 10
pn4 m4.t 'ha Tlat raI tsa, a.,
bnt lae 'aft u that our iore1athers he s made TIE
oeir?e7uon II. IN many cases OF the tenthts
OF tfla1 ~ JarF, one OF inc grounds upon
nAicn th'a1 hler'oraoie connlcG WIN dfeal
b51'aln @a5 ~ *agea, 9uSht 70 suf11ee M foF US 70
a9.eie 70 lne fsnetao4e sSsle" ol jury trlal
MIL e,ea1 uenda:5.
~ tIe pleseab consiltatloh 20 1us:iee OF
lae pace mas any Jul1eolcLon o. any o1ien5e
1tnlshaoie og imprisonment, :.
bu! 1he new eonslltu!lon Tepuala.es me
pl1nclples o1 she le1olutlon, ana proposes 10
IMPOSE upon the people OF this State The very
Iaanaele, 70 brcak which our ioFet ltHeFs un-
Eheathed their swords. 1t Will deprive the
elslzen Of tFlal by jury IN far the largest
sha!c OF onenses known 70 the laws Q! thle
state. ID tne eleventh section OF the OIL OF
lights IS the following dangerous and aoom-
1hab1e provision;
"That al ofenses, less th.n felony, and in
! which the punishment is BY fine or impE5soument
ofhsIwise than in the penatentiary, sha1 be tried
~ aa n'a aae e ry
nreaentnenf ~ inictsnt ~ oTan5 nv
Th;, 1s-o,.;.;o,. .,a+ a,,,-, 5;,1a.oa. u..,
ds pso'1sln t nus on1S S+it ',, WILL
stanu Jms, ~ 1 "tta taf peets 10y aseo. =
,ot "t@'.'':y 1. t14i oefo10 " eoo1' n10au0 "asa'
o1s . Ivy: hsoon,+ r,uo,,a;~na AZ, ao.oo,on,
2; eu:usequent pro:islous, tn1s eansefous