New-York tribune., 1875-02-08

PROPOSED LIMITATION OF IHrIG POWER 10 COM
MENT UPON TEsuMoNY-Eyus or THE PRESENT
SYSTEM.
To me Edttor Of the Trtbune.
SIR: 4 limitation by positive enactment Of
law should be placed upon the power OF dges com
men; on the testimony iu ,her charges to iurcs. An
owl OF crave character exists ia their 40 se OF thar
power. which tends ess"LI-!lg 70 H'ct the spirit Of
popular and individual i-d re dcuce. The habtua and
involuntary treatuc1 %; o., Jry uiA by some Of the
Judges tends to it-l tlilt spirit OF independence
necessary 10 free .s....,I.u-. Iasead II directory
charges upon the 10 alter The idcis nave been per
mlt'ed 20 the I.. %. tie judges. ia almost
every instance Of trial l".0rc trIn, wound app 10
overlook degr ho tfue character Of the jury,
by strongly ntimanr 20 trrm Their opinion OF wdat
-nou't be theI-the iui ,yerl'l upon the 'act This
although u arises cer..in,v frOm tue best ntcn-
tons on the part OF the judges, gives 20 those
particular persons inf Ieuce which the Con
sutnuon never intended. The jury tna is the
grand pivot upon which the practical rights OF
Tree State aad uuess thai De guarded freedom
i- but a name. /, was never intended that judge
should suffer il 10 be believed tu.; his opinion on mere
point Of fact coId control chat ~ the jury The EVIL
which might grow OF tLl- position would tend o.
destroy utterly tbe magulG .eut aad Fundamental r-ht
secured by the people-u.at tlc opinion Of the jury
alone ON the facti 10 Ceter4iDc tie Issue.
History has told us that n Mc od countries such has
been the conception of OF their dge- OF their
fHnbuitv thar, instead o. Aavns used thelr power as
the safeguard of the people. thy have from time to
time abused this most sacr.t OF principles 10 tho en-
d8ngcrng Of cy' right tue as-rlaeiz ment OF their
personal aud political views, ana the di7p tragement Of
tue honor and Indepeude 4 the Dar. II reference
to TN, particular subject tha bar are to De viewed IN
relation the tAe agents or representatives, of
thc people, VINO have raspecuyrl IItrasted them win
heir rights The honorable pur o. them have, from
time immcDoria presented str3us barrier between tAe
+et. 1r AMI 81
m i ,,j Ii c,1nust,-i,5 VIII, IN, b,ncD wnen fhn
merit Az eqUiyOca Judge tAin the traitor an
nun, Int inJe il lie pride uf Auy country. one pro-
country above referred 90 with respect 90 the JI
dietary OF the old world and also against the more M
u0ceut practices % Iu auuve stated would
pe law drcaratory OF Che C,u5tltuuOE and mandatory
IN the coIr,s ID arge The Jury directly
Wa not Inc ploglncs oi the court even 10 pass an
opinion bat mat on tlt subject tnec tlr lury, were
the sole ana exclusive lIa- Iis coarse Is puI9ucd
by many OF the st4.es DID lha U upn, wn-re charge
from the cOdst upoH The weight Of cvd nee
is unknown. Experience ha- sometimes taught com
muuItias 10 contemplate the Judiciary with respectful
nus cautious eve. Upon delicate subject peculiar
aeutimcnts, however founded. would appear IN some
measure 10 I'D place ID t-o pubic miud OF our own
community. The ume does sometimes arrive when a
th0ugntfu com muni.y through l9 consutItOnl chdn-
ues feels the necessity % protecting rom itself Jnrls
prudence proudly gOas-lEs fc Js5 exalted features.
Evils terminating ia small CAUSES nave overJhrown
empires. We live In great republic Of opinion, ana
history mas that mankind are Too APT 10 Involve
system the prlv4te Or ludlydut conduct or con
sfTucOus OF the fIuCuOuary aAi care should therefore
De- taken relieve system from even tne POSSIBLE
" OF suspicion. The .dse Whose conscience Is pure
and whose mind is enlightened VIII appreciate the Tea-
son Of the uttcrauCe OF the srutHenS thus freely aud
simply expressed, aud feeling q" interest as well Tor
rights Of pa Jc MS OWIc an rt IN Jhe Dencb,
will in tn-m 0aiy effort rcly 81 ev OF winch
he aware. Simiar y.""~to the 1Jo'o Wre expressed
many wears ago. Address oi IAc society ot Tam
Auy or Columbian Order tO its absent uoUDcrS ana II
al max tine tne NOrtui " stch punlc COMMENT
now much greater me Necessity Tor legal rcstTlc-
u0n. Ia accordance with tle suggestions above luJi-
mated 81 sub uIted 20 tie present Lsgsla
tIrc which II trusted. ~II4 nleei WIN ne approDttOu
u members ~ the bar. JOIN D. IO"NskSD'
NC-g York, tcU. T. 1875.