Columbia democrat and star of the north. [volume] (Bloomsburg, Pa.) 1866-1867, 1866-04-18
VIEW SERIES. VOL. L. NO. 8.


accnser must put the charge into the :orm
OF legal indictment, go that the party can
meet il full in the face.
6. Even 10 the indictment he need not
answer unless grand jury, after hearing
the evidence, shall say upon their oahs that
they believe it TO be true.
7, Then comes The trial, and it must be
before regular court, of competent jurs-
diclion, ordained and established for the
State and district in which the crime was
committed, and this shalt not be evaded by
a legislative change in the district after The
cri me is alleged TO de done.
s. His gull or innocence shall be deter
mined by an partial jury. These Eng
Iish words are 10 be understood in their
English sense, and they mean that lhe ju-
rors shall be fairly selected by asworn Of
ficer from among the peers of the party re-
siding within the local jurisdiction OF the
court. When they are called into the box
he can purge the panel OF all dishonesty,
prejudice, personal enmiiy, anG ignorance
by certain number OF peremP;ory chal-
leuees, and as many more challenges as he
cah sustain by showing reasonable cause.
9. The trial shall be public and open,
that no undeT-hand advantage may be Ia
ken. The parry shall be confronted with
the Witnesses against him; have corfulso-
ry provess for his own witnesses, and be en-
titled 10 the assistance OF counsel in his de-
tense.
10. After the evidence is heard and dis
cussed, unless the jury shall, upon their
oalhs, tnunifaot;sh agree 10 surrender him
up into the hands OF The court as guilty
man, not a hair Of his head can be touch
ed by way of punishment.
IL Alter verdict Of guilty he is still pro-
lected No cruel or unusual punishment
shall be inflicted, nor any punishment al
ali, except what is annexed by the law 10
his ofsnse. II cannot be doubted for a
moment that if person convicted of an Of!
Tense not capital were TO be hung on the
order of a Judge such Judge would be gull
ty OF murder as plainly as if he should
come down from the bench. tuck up lie
sleeves of his gown, and let out the pris,
oner's blood with his own hand.
II. After all is over, The law continues TO
spread lis guardianship aronnd him
Whether he is acquitted or condemned he
shall never again be molesied for that Of
lenee. No man shall be twice put in jeoap-
ardI of Lille or limb for the same cause.
These rules apply TO all criminal prose-
cuiuns. But, in addition 10 these, certain
special regulations were required for ,rea-
Son-fhe one great political charge under
which more innocent men have fallen than
any other tyranuical government calls
every body a traitor who shows The least
uDwiIlingness to be slave. The parry in
power never fails, when il can, 10 stretch
the Law on that subject by construction, so
as to cover its honest and conscientious op-
ponents. Ia the absence OF constitution
al provision ii was justly feared that STAT
uies might be passed whica would put the
lives OF the most patriotic citizens at the
mercy of the basest minions that skulk
abount under the pay nf The Executive
Therefore a definiiiou OF treason was given
in the fundamental law, and the legislative
authority could not enlarge it 10 serve The
purpose OF partisan malice. The nature
and amount of evidence required TO prove
the crime was also prescribed, so that pref
udice and enmly might have no share in
the conviction. And lastly, the punishme ent
was so limited that The property oil the par
ty could DOT be coufscated and used TO re-
ward the agents Of his prosecutors, or strip
his family OF lhier subsistence.
If these provisions exist in full force, NJ,
chaugeabIe and irrepealable, then we are
not hereditary bonds men. Eevry citizen
may safely pursue his lawful calling in the
open day and at night, il be is conscious
of innocence, ne may lie down in secutity
and sleep the sound sleep OF freeman.
say they are in force, and they will re-
main in force. We have not surrendered
rhem, and we never will. If ihe worst
comes TO the worst we will look TO the liv-
inc Cod for His help, and defend our rights
and tie rights OF our children 10 the last ex
tremity. Those Iheu who think wa can be
subjected and AFFECTED TO the condition o
mere slaves s:e wholly mistaken. The
great race TO which we belong has not de-
generated so fatally.
But how am 10 prove the existence o
these rights do not propose 10 do ii by
long chain Of legal augmentation nor b.
the production of numerous books witt
the dog cared and the pages marked. II /
depended upon judicial precedents, | thinl
/ | could produce as many as might be nee
! essary. If claimed This freedom, unde
any kind of prescription, | could prove
good long possession in ourselves and those
under whom we claim ii. | might begIr