Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1867-11-30

The Sacred and InviOlable Right
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The Sacred and Inviolable Right
of Trial by Jury.
To the Members of the coming Legislature of
Oato, and to such Members of the Bar and
: Others as It nsay interest, this article Is adj
: dressed: - y
The object of the writer is to urge upon
the Legislature (Which, God be praised, is
now loyal and just), the Importance of SO
modifying our laws relating to juries, as to
preserve the purity of jury trials, which in
most, If not ALL the counties where Re
publicans are in the ascendency, haye.be-
come mockery. The result of a trial by
jury is no longer an impartial verdict, but
the mere edict OF party, che will of twelve
petty township politicians, who are sworn
to truly try. &C., but who have taken par
amount oath in their secret political or
ders to convict all Democrats. 1t Is hard
for one who has an honest pride
Of country, to acknowledge such state
of depravity to exist, but all who live in
counties where Democrats are in hope
less and helpless minority, must admit such
to be the case-none can dispute it. 1t is
with reluctance that one breaches an opin-
ion upon SO delicate a subject, but where
there is an evil there ought to be a remedy.
The law should be changed, requiring an
equal representation'o of both parties upon
the jury, in the trial of all cases unless
plaintiff or defendant should. see fit to
waive the right. This would -effectually
prevent political prejudice and party fa-
voritism from polluting the courts, of JUS
tice. - - ylAG -a-. Il :.
If the dark and iniquitous outrage that
is being perpetrated upon the rights of one
half OK the people were purely accidental,
as resulting from the pernicious teachings
of Radical leaders, we might be encouraged
to endure It, as we have endured a multi
tude of other wrongs, with the
I hope that it might pass away, but it is ev-
identity an object aimed at, to break down
and convert to party use the right of trial
by jury, as they have trampled under foot
and spit upon all other guarantees Of the
Constitution. ..c,t,
Their programme seems to be to convert
the right ofstrial by. jury Into apolitical
machine, to accomplish party ends with
If such be not their design, and the carry
ing out OF apolicy yconcoctedin their secret
orders, why do Republican trustees, of their
respective townships, use such care in re-
turning their lists ofjurymen to the clerk,
that no Democrat or Conservative be
among the number: and why does q
Republican Sheriff, (Which Is not unfre-
| quently the case ewhen'a a stalesman is want
l.ed) ran around two or three squares to
catch up an; oath-bound Lacquer, if none
are present, when! honest Democrats and
Conservatives are string by In the Court
House, are. competent jurymen, and could
be called into the box in a moment?, It is
useless to multiply instances which aresbut
taccumulative evidence, going to the con-
[viotion of the leaders of that party of the
most shameful and diabolical outrage that
has yet been perpetrated in this country.
| a just and patriotic party, which has al
ways favored Just laws and the admins
tration of Justice to all persons, regardless
| of political or religious faith. is in the ma
iority in, the Legislature, and there is a
remedy for.,our wrongs. OF course they
come from counties where Democrats
are in - the majority, and have
had no experience of the wrongs
and injustice we. suffer, who are in less fa-
vorable circumstances, but we believe they
will respect our appeals, that the strong
will protect the weak, and our prayers will
be answered. There can be no reason for
a single Democratic member OF the Legis-
latureto oppose this measure, for they are
nee dishonest enough to take the same ad-
vantage of Republicans that Republicans
take of US but if there be single coun-
ty in the State where Democratic politi-
publicans, then let some member publish
the fact by his opposition to the measure,
and let the injured Republicans of. that
county cry out, and petition their leaders
in the Legislature to protect them. This
will secure the passage of law which is
not party measure, but measure which
can prejudice the rights of none, and will
protect all. None but the dishonest and
corrupt, who would make capital out of the
passion and preiudices of the day for per-
sonal gain or the accomplishment of party
ends, will-cry out against it.
Our Constitution guarantees to us the
right OF trial by an impartial jury, and says
that that right shall be inriolate; and as we
have ir in the English law, care was taken
to prevent the prejudices and favoritism of
party and factions from intermingling with
the trial of right, and the array, or whole
panel, could be challenged. even upon
reasonable suspicion of partiality in the
Sheriff. yet our Republican Sheriffs will
pack a jury to the notion Of some pet pol
itician and pettifogger, with the most un-
scrupulous and dsrotten-hearted knaves in
his party, before the eyes of the whole
court. without even blush or an attempt
to conceal his guilty and shameful con-
duct, and such are the juries that sit in
Judgment upon the rights, liberties, and in
many Instances, lives of honest.D Democrats.
Sir William Blackstone, in his commen-
taries on the English law, says that when
either party was foreigner, the jury were
one-half denizens and the other half ali
ems, and this was to provide against the
prejudices the citizen might have against
the alien born, and secure an impartial
verdict. The foreigner had right to de-
mand that half, of tho jury should be Of
his own countrymen.
Such was English law at the time, per-
haps, when our forefathers rebelled against
the mother country, with view of estab-
fishing government with code of laws
more pure and just than those we have
mentioned but now, by the teachings OF
q sectional party, there istentold the preju-
dice and hatred in the breasts of one
half of the, people of this country
for the other d'half than ever could
have existed between foreigner and