The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1874-06-06

llCltdSC VI Wcullu, lnc DIOuu cHlcut VI Oui
territory and the vast numbers of our pop
ulation, the rules and regulations laid down |
for our control and government nearly a |
century ago, are not erdctly fitted for our
control and government now. But when
we begin to talk about change or reform,
we are apt to rush into the other extreme,
and provide for license, not liberty. For
this reason. sur national constitution has |
remained substantially unchanged for
eighty-fve years. save in those respects inn
pcratively demanded by the results of the
rebellion. The people are conservative, !
but the rcformeis are rash. Those with
whom change must have its origin take an
extreme course, and the people have no
choice but to reject their work. The old
extreme is better than the new one. The
golden mean is true conservatism, and that
rclormers and, too often, the representa-
tives Of the people fail TO propose-hencc
we remain substantially under the same
organic law as we did when the govern
mcnt was organized.
that we approach the consideration of Il
change in reference to trials by jury both
in civil and criminal law. 1t is with hest
taton and hardly settled convictions that
VIC suggest the changes which seem to be
necessary. The first provision that we
meet is that no person shall be subject,
for the same olfensc, to be twice put in
jeopardy of life or limb" This, to be
sure, has limited meaning. Formerly it
was claimed. and in some instances judi
cially determined. that under this provision
no person could be twice placed on trial
for the same Offensc. even in cases where
there had been a defect in the Indictment,
a new trial granted or IA disagreement of
the Jury on former trial. Its true con-
struction is that after a person has been ac
quilted by a jury on a perfect indictment,
he cannot again be tricd-that is twice
put in jeopardy for the same oliensc.
This provision was made in the interest OF
the life and liberty of the citizen, but it is
questionable whether ii does not 90 too
Il jury is bound to acquit u prisoner il
there is reasonable dout of his guilt
from the testimony presented them. a
prisoner SO acquitted maythe next moment
cXuItingly acknowledge his guilt, over
whclming proof may afterwards be dis
covered, but he is free and cannot be tried
or punished. Many are the cases in which
the Jury is morally convinced of a prison
ci's guilt; but under the rules of the law,
if they are honest men they must acQuit if
there is not full and complete testimony.
We most of us, can recall instances where
Il really guilty man, believed to be so by
court, jury and the community, and after
wards clearly demonstrated to be So has
been acquitted because ono link in the
Chain of evidence was wanting. The
Scotch law obviates this by allowing YER
dict of "not proven" under which al ac
cuscd person, upon the discovery of new
evidence, can be again tried, his liberty
being assured to him in the meanwhile.
In nearly every class OF cases, anaccuscd
person or parties having a civil controversy
. are assured the rirht Of trial Nv inrv IL
, they demand it. Although how many in
dividuals Shall constitute jury is not
stated, yet the courts have determined that
| it means the old English number Of t1clvc
except in few states where Il less num-
Der is permitted to try police and minor
civil cases. The right Of II trial by jury is
said to be the 'pallalium of our liberty,
and we believe that it is We believe that
| it would be a sorry day for this country if
it should ever be left in the arbitrary pow
/ er of any man or set Of men to say whether
or not Il party should be entitled to jury
trial. That day, we believe, will never
2 come, because the world goes forward in
, stead of backward. But we are forced tc
ask if there is any necessity of requiring al
: unanimous agreement before verdict can
be rendered. The bank examiner, Callcn.
der, has, recently, twice been tried for an
offence under the national banking law
the proof was conclusive yet, in both i'll
e stances, the jury disagreed two only being
Z, for acquittal' and it is openly charged that
+ they were tempered with. Tweed notori
{ ously bought portion of the jury on his
t first trial There is not much danger il
t the country, but in large centers Of popua
+ ton, where men Of wealth and inllucnc,
= are themselves or have friends or relatives
:. on trial, it is easy to buy up ole or more o
n the jury and thus prevent conviction. |
i has been repeatedly done heretofore, anC
c will continue to be done so long rs it il
5 available to protect guilty men or secure o.
y save property unawfully held. In this
" too, the scotch law has set us an example
1 and pointed ont the remedy, which is, aite
It all, but treating petit jury as we do {
g grand jury. Equal and exact justice can
n probably, be as well obtained from yer
S diet Of two-thirds or three-quarters of th'
e jury MS from one Of the entire panel Sucl
n an important change as this should be scri
;. ously considered in all its bearings. before
II it is entered upon, 1t is well that the at
2. tention Of legislators, lawyers Statesmen
$ and the whole people should lie called t.
y this matter, rs the probabilities are that
= movement will he made Iii that direction
is ere many years are passed.
our New Work Letter.
Re New YoRK, June 4.
e TIE MARRIAGE or MISS EDITH ARCHIBALD
s. youngest daughter of the British consul
II general. 10 her distant Connsin. Nj Chnrle