The Marion daily mirror. (Marion, Ohio) 1892-1912, 1912-02-08
Ordinance of 1857 Again.

OIuinanCG OF 1907 APaln.
This provided only for a territorial
government and became no part oi
the United States constitution or that
Of the state of Ohio, only as adopted
by one or both of them. 1t certainly
was inferior to the provisions of both
constitutions. The people OF this
country have always relied upon the
express provision of the United States
constitution which says, Art. vi, Sec.
2, This constitution and the laws of
the United States which shall be
made i'm pursuance thereof, and all
treaties made, under the authority OF
the United States. shall be the SUI
preme law of the land: and the
judges in every state shall be bound
thereby; anything in the constitution
or laws OF any state to the contrary
Notwithstanding This republic Is
founded and solely based upon writ
ten constitutions. And they are tho
only foundations, there is no other
foundation before them, after them.
over them or below them. England
has no constitutional government like
the United States. 1t has no written
constitution in principle like the Uni
ted States. The judges do not de-
clare the laws contrary to the ordi-
nance of 1897, but IL they are con-
trary TO the constitution they are
unconstitutional and not because OF
any force of the ordinance
Of 1897. The question in our
state convention as presented is, does
the ordnance of 1857 change the
jury system, or in other words, can
person charged with a crime be
tried by a less number of his fellow
countrymen than twelve? The VI
amendment to the constitution of
the United States sayg, I'm all Grim
inal prosecutions, the accused shall
enjoy the right to a speedy and pub
lie trial by an impartial jury of the
state and district wherein the crime
shall have been committed" II does
not say, "The accused shall have the
right to trial by an impartial jury
of twelve men or any other num-
ber The law under the constitution.
whatever 1t Is, is to determine tho
number of men that shall be a grand
| jury to present an indictment and
| also what number of men shall con-
stitute petit jury. 1t may be such
! number as the law-making power
| under this general provision of the
| constitution may determine. In my
| opinion the constitution of the United
States Is supreme in this jury matter.
| That Is, there must be a jury but tho
| constitution of the state may con-
stitutionally state that number. There
| seems to be a desire on the part OF
| judges to try 10 make the common
| people believe that there Is some-
| thing over and above, before and be-
hind, far exceeding the common In
fellect, in their occupation as judges
which the people must consider the
Judgment Of the Almighty Tho age
of ignorance Is passed. The judge2
! or under tho law. The law is SUI
preme ana the judges shall be bound
| by IT, There is one decision that
has put this good old ordinance OF
| 1887, that reactonaries are libelling.
in its final resting place, to-wit:
when a state has adopted a consti-
| tuition, and the government Of the
| United States has assented to 1t, and
admitted the state to the union, the
provisions of the ordinance of 1887,
so far as they conflict with this state
constitution, are abrogated by com
mon consent" Ignoranoe or fraud or
both ought not to be perpetrated or
allowed to receive pay for their folst-
ing on the people in order to defeat
the Initiative and referendum. We
need the recall, more than ever
NJ B. CHASE.