Columbia democrat and star of the north. [volume] (Bloomsburg, Pa.) 1866-1867, 1866-04-18

under it, but OF great thinkers who looked
q, II calmly from distance, and judged II
I i'm mpartially; Moniesquieu and DeIocque-
Vile sneak of il with an admiration as rap
inrons as Coke and Blackstone. Within The
present century, the most enlightened
states of continental Europe have trans
planted it into their countries and no feo-
pie ever adopted il once and were alter
wards willing TO part with il. 1t was only
| in 1880 that an Interference with 1t IN BEL
giun. provoked successful insurrecuon
which permanently divided one Kingdom
into Two. Ia the same year, the revolution
OF the Barricades gave the right OF trIaI ot
jury to every Frenchman.
Those colonists of this country who came
from The British Islands, brought this insil-
tulion with them, and they regarded II as
the most precious parts OF Their inheritance
The Immigrants from other places where
trial by Jury did not exist became equally
I attached 10 it as soon as they understood
what it was There was no subject upon
which all the inhabitants OF the country
were more perfectly unanimous than they
were in their determination 10 maintain
Ithis great right unimpaired. An attempt
was made 10 sci il aside and substitute mil
iary trials in It's places, by Lord Dunmore,
in Virginia, and General Gage, in Massa-
chusets, accom- panied with the excuse
which has been repeated so often in late
DAYS, namely, that rebellion had made it
;nto
anger and every colony from New Ham, p
shire 10 Georgia, made common cause with
the two whose rights had been especially
invaded. Subsequently 1he Continental
Congress ihundered it into the ear of
the world, as an unendurable outage, suffi-
cieni to Justify universal instruction agains:
the authority of the Government which
had allow ed il TO be done.
If The men who fought out our revolu
iionary contest, when they came 10 frame
q government for themselves and their pos
teriiy, lad failed 10 insert provision max
ing the trial by jury perpetual and univer.
sal, they would have covered themselves all
over with iniamy as with a garment; tor
they would have proved themselves baseIy
recreaut 10 the principles OF that very lib
erly of which they pFolessed to be the spe-
cial champions. But they were gully OF
no such treacnery. They not only took
care of the trial by jury, but they regulated
every step 10 be taken in criminal trial.
They knew veFy well that no people conld
be free under government which had the
,5sb mt Ha nj
ton expressed in the Federalsi, the univer-
sal sentiment OF his time, when he said,
tha, the arbitrary power OF conviction and
punishment for pretended oHense', had
been the great engine of despotlsm in all
ages and all countries The existence OF
such power is utterly Incompatible with
freedom. The difference between a mas
ter and his slave, consists only in this: -
that The master holds The lash in his hands
and he may use il without legal restraint,
while the naked back of the slave is bound
10 take whatever is laid on it.
But our fathers were not absurd enough
10 put unlimited power in the hands o. the
ruler and take away The protection OF law
rom The rights of individuals. Ii was not
thus that they meant $50 secure The bless
inqs of liberty 10 themselves and their pos
ter;ty." They determined that not one drop
of the blood which had been shed on the
other side of the Atlantic; dnring seven
centuries Of contest with arbitrary power,
should sink into the ground, but the fruits
of every popular victory should be garnered
up in this new government. Of all the
great rights already won they threw not an
atom away. They went over Magma Ckartd,
the Psilfioa Of Rights, the Bill Of Rights,
and The rules of the common tdw, and what
ever was found there to favor individual
kberty they carefully inserted in their own
system, improved by clea.er expression,
strengthened by heavier sanctions, and ex-
tended by more universal application.
They put all those provisions into the OF
ganic law, so that neither tyranny in the
Executive, nor parry rage in the Legisa-
tnre could change them without destroying
the Government Ilseli.
Look for moment al the particulars and
see how carefully e7ert thing connected
with the admlulsIduoh VI Pu""''S JN'N0
is guarded.
/. No er post facto Law shall be passed
No marshall be answerable criminally Tor
any act which was not defined aud made
/ punishable as a crime By some law in !orce
ibe lime when the act was done.
.. For an aci which is criminal he cam
not be arrested without judicial warrant
| founded on proof of probable cause He
shall not be kidnapped and shut up on the
mere report Of some base spy who gathers
The materials OF false accusation oy crawl
! inc INTO his house and listening al The key