The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1867-10-08

.
Of the sun and moon are .ascertained. 1t
may now be possible that some of our
rulers of the present generation have ar
rived at the conclusion that they are so
much wiser and SO much more learned
in the science of government than the
| trainers of the Constitution, and the
people of this generation, that they can
get along better without the cOnstitu-
rion than with, il. In this you know
that / have differed in opinion with
them. There is an old saying which it
would be we'll TO consider, that it fire.
quently becomes necessary in govern
ment for the people to fall back on first
principles, to save the government aud
their liberties, 1t has certainly been
the case with the people of England,
that they have had to fall back many
years upon their Magna Charta TO save
theirs. In the reign of Henry the Third
they fell back on it. In the reign of
Edward the Second they fell back on it..
And at the close of the revolution of
| l65S, having dethrOned James III on ac-
count of his prosecutions and proscrip-
tions, they fell back upon it. which was
nearly five hundred years of fall-back.
In nearly every instance where their
kings and parlidments ignored IL, it led
To civil wars, riots, gunpowder plots. as
sassnatious and prescriptions; which
last naturally led to strites--which, to-
gether with the lust of some men for
places and power, caused their civil
wars. As think, although il is more
than fifty ears since have given mnch
attention to their former history, am
Inclined to believe, though l may be
mistaken in some particulars, that the
picture l have described is not any
brighter than their true history. Pro-
scription has been the cause of much of
their troubles. With powder and ball
men may be driven where you want
them to 90; and prescription will drive
them, too, but is always sure to drive
them in direction contrary TO the one
desired. 1t caused the Irish, who are a
Catholic people, to hate aud dsspise the
English people and their government
ten times more than they did any other
people, and to attempt several rebel
lions, which occasioned vast expense
to England to keep them in subsection.
And it requised nearly one hundred and
fifty wears to convince them of their
error. And it may require the time Of
several generations yet, before that feel
ing will subside; it mag continue SO long
as they are compelled to be tributary
tn the clergy ofthe Church of England.
The case is reversed with regard toScot-
land At the close of the revolution of
16SS they established their Presbyterian
religion and allowed them to hold office.
They now appear and for long time
have appeared to be as much attached to
the English people and their govern
ment Us their OVID people are, notwith-
standing their many wars between
them before. But now for their last
fall back on their Magma Charta, the
foundation of British liberty. AT
the close of their revolution
of 1865. when by conventional parl a
ment, this great Magma Charta become
fixed and determined as part of their
constitution, and some other important
provisions were made, one of which
was that elections and parliamentary
debates must be free-can you say that
elections are free here, can any person
say they are3 This great Chaita, after
having undergone several changes as
TO words at the different times wh~n 1t
was renewed, is precisely the same in
substance, as it was when first adopted
in the year 1915, 1t is as follws:
"Nu person shall be taken or impris.
onei, or disposscsed of his free tene-
ments or liberties, or outlawed, or ban
ished, or in any otherwise hurt or in
iured, unless bv the legal judgement
of mis- peers, or by the law of the land.'
This great hulwark of British liberty
is built up with these few words. The
laws which prescribed all religious
sectes except the church ofEngland were
i'm force at that time. But since that pc
riod, neither thei: Kings nor their par
liaments have dared to sacrifice the lives
or liberties of their people or their
property, as they had done in thousands
OF instances, either by their own edicts,
or by their Chambers, the Judges OF
which courts had held their offices at
the will and pleasure of the King, and
were bound to do his bidding. They
know that their people have the history
of their civil wars, and their scenes OF
blood and carnage so strongly impress
ed on their mind, that they dare not
attempt to do 30. For near two years
il has been more than the crown of the
King. or the seats of the members OF
parliament were worth for them to IN
terfere with the lives, liberties, or prop
erty of theirpeople in any other manner
than their juries. And for this reason;
trial by Jury has been called ~ sacred
privilege" not merely because 1t seems
| taria trial to murderers and thieves, but
because it prevents the la"-maklhs
mower from interfering with the rights
and liberties of he people, in any other
manner, shape or form than by jury,
who cannot make or change law to
oppress the IeOple, and this is the rea-
son why they boast OF their Magma
Charta as the great bulwark of British
liberty, and which makes them the
most free people on the globe who 1--we
under q monarchial government. Now,
sir, if it requires nearly five hundred
wears to convince the people of England,
that trial by jury is the surest safe
guard and bulwark Of their rights and
liberties. what length Of time will it re-
ouire for the American people, with all
The lights of the history of England
duriny that time, and of other nations,
ana tnc UeaCHiliSo VI WIG AouhNo.S v.
government, to convince them, that trial
by Jury is their own safeguard, ami the
buiwark of their liberties. As they
called it in their declaration Of rights,
made by their Legislature in the year
I765, VIII N they took determined
stand against England for their inde-
pendence, and in the declarations OF
right made by nearly all the State con-
ventions when they ratified the consti,
tuition, and in their writings and
speeches, from which it appears eclear
70 all who have read these State papers,
or any considerable portion of them,
that we ought to unders and 1t without
resorting to the battle field. to have 1t
stamped in letters of blood upon the
memories of our people, that trial by
iury is our main bulwark of liberty.
1.-THE main pillar in our temple OF liber-
ty." And as the great Doctor Franklin
said that it was heavens best gift, and
tempted to his own ruin must be the
man who shall attempt its subversion;
1t is the safest and surest safeguard
that we have, or that any other people
| r. o,.r had IN prsysnt the law making