Dodgeville chronicle. [volume] (Dodgeville, Wis.) 1862-current, 1870-10-07
Has the State of Wisconsin the
Power to Abolish its own
Grand Jury System ?
D. G.. JONES,
JOHN DEBOOS, }Com.
VIM. G. MEFFERT.

The people of the State of Wisconsin
are called upon, by resolution of the Leg
islature adopted in 1869, and ratified by
the Legislature of 1870, to vote on an
amendment to the constitution of the
State which proposes to abolish the Grand
Jury system; that is, if the proposed
amendment be adopted by the votes of the
people at the coming election, then, there
after, we will have no need of grand juries
to attend upon our courts; but, instead
thereof, all criminals will he arraigned on
an indictment drawn up by the district
attorney or any other lawyer, upon the
affidavit of the complainant.
This is the sum total of the change
looked to by the proposed amendment;
and the arguments used by its advocates
are: LIST. That the grand jury system is
cumbrous and expensive; that it requires
too many men to perform work that
might be done with very few. I'd. That
investigations made by grand juries, aud
the evidence heard by them, are er parte
(on one side only and that the accused
is not permitted to make any defence un-
til arrested and brought into court. These
are the only objections urged against the
grand jury system, and for these reasons
alone, the legislature has thought proper
to change the fundamental law of the
State.
If the constitution be amended and the
grand jury system abolished, there will
remain but one method whereby a crimi-
nal can be arraigned before court of
justice for trial, whether the offence be a
capital one and would imprison the Often
der for life, or whether for assault on the
estreer or any other small offence; and
that method would be, the affidavit of one
man before another Surely this would
not be ca,nbrous or expensive 1t has
seemingly appeared to the legislature that
the lifs and liberty of man are of so little
importance that it is unnecessary for fif
teen men to spend their time and hear all
the evidence that can be produced, and
twelve of them agree that the accused is
guilty, before he can be arraigned bu,
that it is sufficient if one man swear and
none hinder!
The clause in the constitution Of the
State which it is proposed to amend, reads
&c fol,om-: mo person shall be held tc
!. :,..inal otfense unless or
a"'" It or indictme.
r ~ rho !, 9TH amendment 10th
s,;,ntion of the Un,.ed States reads, also
mo nerson shall be held to answer for
o.n;ta, or other Otherwise Infamous crime,
unless on presentmsnt or indictment of a
grand jury
1t is proposed now to strike out the
grand jury from the State constitution
and we ask. What will, or what cam the
legislature or the people do with, or how
can they get rid of the provision in the
constitution uf the United StateSy they
can erase it from the constitution of the
State of Wisconsin by their votes, but the
grand jury system will be as binding upon
them afterward, hy the constitution of the
United States, as though they had not
stricken it out; for the constitution of the
United States expressly declares, Art 6,
.sThis constitution, and the laws OF the
United States made in pursuance thereof
shall be the supreme law of the land. any
thing in the constitution or taes oil any