, 1873-01-10

ns elaowhore, Startling examples Of
fraud in commercial cirolos In Chicago havo 90.
o,,rrod, with moro disastrous consequences to
public morals than is tho aggregate OBJECT of
many minor offoncos. Mono Of theBo frauds
hayo beon punished. In this Governor
Palmer states tho TRUTH no matter how unpa1ata-
bio it may bo. Tho fact that forgery, swlndling,
boon for years successfully and notoriously |
porpotrated in the regular courso Of commercial |
business without puniahnaont, doos much greater |
injury to public morals, and tho cllaraotor of tho
community, than do all tho pcttY crmos COM
nittcd by those who arc elpasod as enemies Of
society; and the suggestion OF tho Governor
that such transactions aro +" characteristic Of tho
period" docs not roliovo tho mercantile conf
munty OF this city Of tho necoasfty Of yindlcnt-
lug thoir character from such "charactor-
istic."
Tho Governor does not belong to thnt clnas
who look to m net Of tho Legislature as d aov-
oreign remedy for a1l tho ills Of society; nor
does ho accept many Of tho measures proposed
as calculated to accomplish tho ond Of ro-
pressing homicide. Ho insists that the aboli-
tion Of tho Gland Jury and tho form of indict-
mont, with tho necessary fornaitiea Of criminal
procedure, would DO to overturn ono Of the
great institutions devised to protect tho 1ivoH
md liberties Of tho people aganst tho aggroa-
sion OF power. He might have added that tho
strongest argument in favor Of tho abrogation
erf,
inal caaoH ia that, US tho standard Of learn
ing md ability required for tho Office Of
public prosecutors has fallen so low,
+ tho form Of procedure and Of administration Of
tho criminal law must on that account DO brought
down to tho same level Of ignorance. Inatoad Of
holding Courts to pass upon tho questions Of
guilt and innocence, life aud liberty Of tho citi-
zon aa protected md defined by writton consti-
tutionB and lawB, prisoners aro to bo arrested,
arraignod convicted or acquitted by sort Of
town meeting, Of which tho public prosecutor
shall be tho Oracle. Whi1o wo heartily eoncurin
the protest whicl, Governor Paln.cr nakcs
against taking from tho prisoner on trial for Ills
life or his liberty tho guarantees and protection
which our 1aws lavo conceded to him, and
against placing in tho hands Of any Judge or
d prisoner anything actually vital to
his proper dofenco or q fair trial.
re do fnot ngreo to Ills proposition
that IN honest and fair jury may not bo obtained
from mon who have read and formod opinions
from what they hayo hoard, and who yet, upon
| hat n%,1 1ato
mino tho caso FREQ Of all past opinions and
Judgments formed upon learsay and ox-parto
statements. It is too lnto to say that no man
who roadB tho current nows Of tho day, or, read
ing 1t, forms m opinion upon what ho roads,
shall not sorvo as q juror; such rnlo can have
no other effect than to exclude intelligence from
tho jury boz, and giyo to stolid ignorance, or
the mau aooking tho place of juror, tho oxolu-
aiyo arbitrument Of individual liberty and life.
We concur in the suggestion Of tho Governor
tint 1t is at once tho vice and weakpoas Of pros
porous communities. TINT majority Of
tho moat capable and usoful citizons
aees every means to nyoid jury duty,
and full to exercise their discriminating powor
in tho election OF ollicors,-aud that tho result
is Tho degradation of tho laws, contempt for
public Justice, aud, In tho ond tho obstruction OF
n!1 safety for life, liberty, and property. It is
probable that tho romarka of tho Governor In
favor of rotaining capital punishment for mur-
der, aud yet leaving 1t to tho discretion Of the
jury to flx penalty OF imprisonment not lesa
tlan fourtoon years, will 1neot tho gonoral
appreciation Of tho State. Ills statement
OF tho exercise of tho paraoning powor, wlio 1t
leaves no doubt aa to the wisdom which provided
such powor, will attract attention to a Aearlloss
syston. long In operation, by which unfortunate
porsons guilty and not guilty, are robbed, plum.
dorod and convicted by tho very agents assigned
by law to protect and dofond them; md tho
Legislature eau do no act moro worthy of tho
humanity Of tho ago, than to mako aomo pro.
vision for tho protection Of tho poor, tho iguo-
rant, inexperienced, and triendloHa who ind
thonaaclvos in tho Criminal Courts.
4 largo portion Of tho message Is devoted to
tho subject Of railroads, Tho Governor COM
plains that thoBe corporations furnish lilo OK
caption to tho gonoral Obedience to tho lawa
which prevail In tho stato. They got 1aw aud
Oonntitution at defiance, and tho people look to
tho Legislature to provide romody. Tho ieauc
between tho State aud these corporations is one
Of power. This question OF power Ae discusses
ably and In detail. Wolayo no room to-lay tc
) conaidor tho position ho takos. md, therefore
contlno ourselves to statement OF 1t. IIo takot
tho ground that thoae railways nro public high
vnya; that, considered in that light, thoy po
+ long to the public; thoy aro "improvoa high
} waya"; that tho railway companies, bJ
tho couaont and authority Of tho Slate
have iuYoatol their means Ia making tht