New-York tribune., 1873-02-18
THE COURTS.
THE JURY LAW VALID.

IHE JURI LAW VALID.
ITS CoNsTITUTIoNALITY AFFIRMED BY THE GEN
ERAL TERM.
In the case of William j. Barclay, in which
an appeal was taken the ground OF the unconstu-
tionaty Of the new Jury law the General Term OF the
Supreme Court decided yesterday that the law was con-
stitutlonal but granted the prisoner trial ana
reversed the Judgment the ground that some Of the
jurors acted the trial previous to the last one
Judge Ingraham delivered an exhaustive opinion, say
ing in the main:
obieeted that the act in relation 10 challenges OF
Jurors In criminal cases aws 1872, chapter 45) is u-
and vOid for the reason that the Consul
tuition Aot l. Section u declares that trial by Jury shall
remain involate forever, and Article J. Section pre-
vdes that person shall De deprived OF nDefty Nc,
without due process The construction OF the 6h
section was passed upon BY Bronson Taylor agt Porter
Hl 14O where he says: "The meaning OF TINS section
seems 10 be that no member OF the State shall be dis
ranchsed or deprived any of his rights or privileges
unless the matter be adjudged against nm upon ra
had according to the course OF the common law IL
must be ascertained judicially.' And again " Inc
words due process OF law cannot mean ess tnan l a
prosecution suit instituted aud conducted according
TO the prescribed aud solemntes Tor asceranihs
guilt" -, ,o>, =, ~, 49,
Selden says "The clause in question was Intended 10
secure every citizen the benefit Of those rules Of com
mon law by which judicial trials are regulated, aud
to place them beyond the reach Of legislative su1yer
sion" Hubbard, j., defines due process OF law as
meaning an ordinary judicial proceedlngi IN crlInlnai
case an arragnment, formal complaint cohlfontng oi
witnesses, trial, regular e9nVeIGn "a anu % Juugnenst
according 10 the common law, Dy huctmeht trlai p
Jury proof Of guilt unanimous yerdcJ OF the jury ana
those rules which the defendant at common law han
right to insist upon in ms defense. Ihese requ,,
ees do not control the Legislatures as 10 The rules OF
evidence the qualifications OF jurors, the nature OF
crime and the punishment 70 be lnncted ior lts CON-
mission All these are matters left TO the discretion OF
the Legislature. Any other rule would prevent
the Legislature from changing the qualhcatons OF
minors altering the age at which they should be
excnsed from serving, prescribing who may and who
may not be Witnesses and many othef regulations IN
re gard to trials which do not necessarily Violate that
nroyson In Walker agt The People (32 n. Y, H7, 1897
Wright. j. says in regard to these eonsttuonal prOy
sOns: " There no limitations OF fesIlcuOns upon
legislative power except TO the right guaranteed-a
Jury trial IN all which IL had been used before
the adoption of the Instrument Trial by Jury cannot
be dispensed with in criminal cases Dut ~ Is OBVIOUSLY
within the scope OF legislation 70 regulate such trla
III these views are correct then there Is no force In the
obecOn that the referred 10 Is ia violation OF the
constitution in regulating the rlgbtoI cnaeuge 10 Jurors
and prOyding the necessary quallncatlols even II u
does alter the rule of the common law on tnat SUBJECT
The act OF 1872 makes no different pro-
vision aud takes away no qualihcauoh @hleh eAls,eu
previously The same rule which Is Incorporated In TINS
Statute has repeatedly adudged Dy the courts anu
adopted Tor years previous 10 lts passage - -,
The alteration OF the qualification as 10 tne juror,
if any such alteration is made by the statute
lection Is not taken away from the other challenge
and be made ON the chailehge 70 favor II ~
really exists The Legislature may cnahse or feguato
tLe mode of challenging 80 long the right or jury
trial is prescribed, and means are pioNIueu ny HhSn
mpartia iuries can obtained, and there ~ no VIOLA
tion of the constitutional guarantee OF tfal Dy jury
There Is no ground therefore, which the act referred
| to can be held TO be unconstitutional
Tho other point raised that jurors who had tried
the accused previously were sworn IN on TINS trial. ana
| on this the Judge says:
As we are OF the opinion that the judgment erro-
neOus on account of the admission OF the jurors VINO
were the first tral Delhg on Ine Jury Dy Wncn
anime the other exceptions In the case Judgment Is
reversed anu new trlaI ordered