The daily mountaineer. (Dalles, Or.) 1861-1866, 1865-12-01
TRIAh by JURY.

that the verdict of twelve men, impaneied as
jury, is a final decision of all questions of
fact in any court of justice, unless incapacity
or corruption ia proven. Behind this decision,
in criminal cases, no judge can 60 if the ver-
dict is in favor Of the person accused, and
whether right or wrong, the decision is final
and binding forever for the protection Of the
party accused. Some years ago there appear
ed a very powerful essay upon American ipsti-
tutions, written by Mons. De Tocquevile, in
which there is a striking proof of the import
ance attached to trial by jury, and the singular
veneration in which it is held by the people of
the United States. That gentleman says, in
effect that he had travelled much through the
country, heard sentiments of discomfort in re-
gard to the institutions of the country, and
observed that the evils of administration were
charged upon each and all of the peculiarities
of the government save only that of trial by
jury. Any projects looking to changes 10 the
governments policy or management were open
to discussion, but the subject of changing the
mode Of trial, in questions of right, was never
advanced, and with singular unanimty, the
mode of trial by jury was looked upon as an
unchaugeabe nstitution--a part of all consti-
tutions-the sheet.anchor of personal rights
and lberties-the curb alike to the passions
of the mob and the arrogance or corruption
of the judge.
In England it is an offence, either BY speech,
or writing, to attempt the intimidation Of
jurors, or after rendering in any case, to
speak, act or write in such a manner as to
effect the independence of any jury to be i'm
paneled in the future. By the most stringent
provisions of statues--by the protecting arm
of the judge, the absolute impunity of jurors
is secured. Their verdicts forever settle CUES.
tions of guilt or innocence, and when man
is acquitted, it is actionable to call in ques.
tion his innocence; for by SO doing, an injury
is inflicted on private character, and the fair.
ness of the jury impugned-thus working {
double injury, and above all, destroying tina
confidence in trial by jury, which is the on
only institution which brings poverty ant
misery to the same dead.level with wealtl
| anu inuueuCe. IL tuere IL man unDleSSe
with the gifts of fortune, who does not see tn
Importance Of maintaining the influence @
the jury-system outhe public mind, he blindl
lets 60 Of that which makes him the peer
the master of millions.
At this time there is a disposition to crit
else, more than ever in the past, the verdc
of juries and the decisions of courts. 1t
an innovation which breeds disrespect for II
law, which is our only master, and invites al
arcby, in which the bad and brutal trumI
over the good aud virtuous.
The inyiolablity of judicial privilege is
cognate subject and is only of less impor
ance because judges have better means of pr
lection than jurors. We notice an iustant
lately, in which Judge Mcbride of Idaho
severely criticised for "congratulatng
person, tried before him, on his aequitta
This is practice which has its rise in tho
emotions OF humanity, which alone make m
better than brutes. 1t is custom of
judges when man is acquitted Of q char
of felony, to congratulate" tie prisoner u
on bis innocence, and 10 add such words
will best soo.h the feelings of man who
stood at the bar on trial tor life or liberty.