, 1873-01-10

auent, and forciblo declaration OF tho necessity
Of State Governments, and Of thoir being pro-
tectod In thoir proper Jurisdiction from all
illegal interference by tho Federal Government,
and ho cltos tho deplorablo nbusos OF powor
committed In Louisiana as d warning that
0lould not bo dlerogardod by the several statos.
-
THE LAW OF NEW TRIALS AND SUPER
gEDEAs.
The distinction botweon civil and criminal law
ia an ousgrowth Of Magua oharta. Tho great
ya1uo OF the trial by jury conaisted in tho pro-
teotion It afforded to citizons against political
prosecutions. 1t was aasumod that such q do
fcnco as tho verdict Of tTolyo mon. indifferontly
choaon, would amply protect tho citizen In his
life aud liborty. Tloro have been very fow
occasions in this country when there havo boon
political prosecutions but history has shown
that during tho seventeenth and eighteenth con-
turios, tho Government Of England seldom failed
to obtain conviction In such cages whom
a conviction was desired. Tho principle Of strict
adherence to established forms IN p1oadings
in evidence and in all things pertaining to tho
trial, woro the growth Of judicial protection
afforded to tho accused In eyory caso whore tho
life or personal liberty was involved. ThiR was
rendered tho moro important bocauBo, century
or moro ago, tho ponalty Of doath WIS Affixed to
q long catalogue Of crimes, down to tho larceny
Of forty shillings. Adhoronce to tho teohnicali-
tica Of tho law WAS in fact tho BtrongoBt dofonco
OF tho accused. Tho requirement that tho
matter how technical, has outlved tho nocos-
sity and tho humane considerations that pro-
ducod it. It crossed the ocean, and was ongrafted
upon our Jurisprudence, and has como down
to tho present day but little changed from what
it was two hundred years ago. In come Staeea
criminal pleading has been eimplihod, but,
nevertheless, the Courts still adhoro to tic old
doctrine that they stand between tho Govem-
mont and the accused, and that the latter shall
not DO injured unloes tho case presented against
him is not only made out in substance and
beyond doubt, and unless that tho record is alto
gother FREQ from error. While tho necessity Of
correct practice, requiring legal knowledge md
intellectual ability has beon but littlo relaxed,
the prosecutors, as class, hnvo been too lazy,
or too incompetent, or too much ovorworked, to
discharge their duties properly, aud are, conao-
quently, for over dofoating tho onda Of Justice by
laundering and stupidity.
Its settled rulo In Illinois that au Appellate
Court will not rovorso in otu cases for errors Of
law TINT l,nyo occurred during tho trial. if vol
satisfied from tho record that substantial JUS
tico has boon dono. Tho opposite rule has pro-
vailed both hore and iu England in criminal
casos. This is tho law wherever. tho Legislative
power has not provided otherwise; and Courts
properly abatain from oyerturning it. Whatoyer
evil there may 10 In giving to IN accused purity
| tho advantage OF oyory error, substantial or
| technical, in tho record, and Of giving him tho
| benefit Of tho ignorance aud incapacity Of tho
public prosecutor, Is ono TINT can bo ramodled
by an act Of tho Legislature. This is
shown In the present condition Of the law
upon tho subject Of 4 change Of yonuo. Tho
| right to change Of vonuo was soourod to eyory
prisoner, In 18a5 and proylous to 1861, md 1t
| mus 61 kAG6E4T AbA1cA t&0t M AtApt 1NAA01@AJ
| went to tho Legislature and obtained IN act in
tendod to romedy tho evil, by leaving 1t to tho
discretion Of the Court, upon o hearing, to grant
tho application or not, except in casop whore the
punis1lmont was doath. It was, porhaps, not In
tended to except eYen thoso caacs; but tho law
aa written did oxcopt thom 80 clearly that, In
tho Ratforty case, tho Supreme Court was com.
pellod to dcoido that tho rotusal to grant him a
change Of yonue WAS o denial OF right giyon
| him by express statute.
III tho mattor Of supersedeas, tho suprome
Court laye in capital caHos, mado 1t thelt
practice to grant tho writ when tho record pro-
eonts debatablo question. So long as the
right Of appeal exists, o supersedeas, puspenaine
tho execution Of tho aontonoe until the appoa
can DO hoard, may. bo q necessity In d capital
caae whore tho prisoner may be hangad beforo
his appeal can bo heard. Moat Of tho talk thu
has boen had upon this subject is purely non
sonBical. When tho Law gives man the right
Of appeal In d mattor whore twenty dollars
worth Of property is involved, It Ia difficult tt
aay how M appoal ean DO refused whom tho lit
Of citizen is In peril, Tho bill proposed b,
Mr. neod, stato's Attorney OF this county, upot
tl.oHo two points, provides 81 follows,
6go, Z. No judgment Of conviction In nny crlmtna
caso shall 10 reversed by tho Supreme Court for MI
technical error; unless appears from tho Whole
record that hore IL reasonable doubt Of tho guilt Of til
| pesaon convicted.
SEQ. g. No supsrsetleas shall ho granted IN any crlm
taa case. e1oapt when 1t apuaags to tho sattafacon