The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-08-16

dictments by Grand Juries, that It can
dispense with unanimous verdicts, that
it can dispense altogether with trial by
Jury, and that the provisions of the
Constitution in regard to these matters
are held by the Supreme Court of the
United States. not to apply, is a most
remarkable statement, and will not bear
investigation. In the cases just cited,
that of Thompson VS.. The State of
Utah. the Supreme Court of the United
States held that the State of Utah did
not acquire on its admission into the
Union, the power to provide in respect
to felonies committed within the limits
while IT was a Territory. That prison
ers accused of crime should be tried
otherwise than by such jury as pro-
Vided by the Federal Constitution, and
also decided that the provision of the
Constitution of Utah providing for the
trial courts of general jurisdiction of
criminal cases, not capital, by jury
composed of eight persons is ex post
facto in its application to felonies COM
mitted before the territory became a
State.
"If Hawaii was admitted into the
Union and followed the suggestion of
the Attorney General by the provision
in It's Constitution that no indictment
was necessary; that a less number. than
twelve Jurors could try and convict
person accused of crime which was
committed in this Territory, he would
find that such provision would be of
no avail and that the Supreme Court of
the United States would follow the
very able decision of Mr.. Justice Har-
Ian, delivered in the case of Thompson
VS.. The State of Utah, and which is law
in the United States and it's several
Territories. Says Mr.. Justice Harlan:
" 1t was not for the State in respect
of a crime committed within its limits
while it was a Territory to dispense
with that guarantee simply because its
people had reached the conclusion
that the truth could be as well deter
mined, and the liberty Of an accused he
as well guarded by eight as by twelve
jurors in a criminal case The law in
force when this crime was committed,
did not permit any tribunal to deprive
him of his liberty except on the convic-
ton of a court and a jury of twelve
persons. The wise men who framed the
Constitution of the United States and
the people who relied upon it, were of
the opinion that life, liberty and prop
erty, when involved in criminal prose-
cution cannot be adequately defended
except through the unanimous verdict of
twelve jurors
Says the Supreme Court of the
United States in Ex-parte Balm. In the
syllabus according to principles long
settled in this Court the prisoner who
stands sentenced to the penitentiary on
such trial (referring to trial without
an indictment by the Grand jury is
entitled to his discharge by writ of
habeas corpus
"This means that he will be discharg-
ed from custody and that he cannot be
held imprisoned or detained in a convict
prison of a Territory of the United
States, or any place within it's jurisdic-
ton, without having been tried upon an
indictment preferred and found by
Grand Jury. and found guilty by una
nimous verdict of twelve jurors
1.-THE Attorney General of the United
States has expressly stated that Hawaii
became the Territory of the United
States upon the signing of the joint
resolution known as the Newlands'
resolution, by the President"