Year: 1862

MONDAY, APRIL 29. 1869. f
''rHE PooR rgak's HAYS cossrrru-
lis the new Constitution is claimed to
have been made for the poor man, pro
nose to examine the 29th section Of article !!
!. which reads as fo1lowB-to ascertain how
II will operate for the benefit Of the poor:
aThe General Assembly shall so pro-
I" vide that Fifteen Of the most competent
tt Of the permanent citizens in each county
1t shall be summoned as Grand Jury;
q t,eezpe Of whom must concur to find an
Ct Indictment"


Let us enquire whit was the law on
this subject, and let US ask what oc-
caaon there Is for this chauge in the
law1 First, then. no previous Con-
shtution ever fixed the number Of Grand
Jurors, but it was left to the Legislature,
and they we're wise enough to leave the |
number where the common law left it, at
twenty three, at least sixteen Of whom |
must be present, fifteen constitute 4 quo
run, and twelve Of whom must concur 10
find an indictment This has been the Law
ever since the State was settled, and no
one ever assigned good reason for chang
ing the number. There are many reasons
for not diminishing the number. If any
change is required, it would seem that VIC
ought to increase the number rather than
diminish it. Arguments drawn from actull
experience are generally Of tho mos. satis-
factory character, but ought to he carefully
examined and weighed, and perhaps
no better illustration Of the great
error in reducing the number Of
jurors could tc found in the his
tory Of jurisprudence than two notori-
Gus cases that are within the knowledge If
al, and which hare SO recently occurred.
It is notorious tact that with lao re-
quiring only t,ee2cc out Of t,ecnty-ttrec
grand Jurors to agree to the finding Of IN
indictment, joel 4. Ma.tcson could not he
indicted in Sargammon county, notwlth-
standing the general belief and the over
whc2ming testimony that he stole several
hundred thousand from the State, ana even
one Of CUR ex-Alayors bad Influence suffl-
cient to prevent an Indictment from being
found against hin, in Cook county, in
what is represented as very fasrant
crime # such men have sufficient unfit
enee to prevent an indictment being found
against them, when the law only requires
twelve out Of the tHentF-three to agree
to the finding How can you hope to indic|
any man of wealth and influence under the
same law that requires that twelve out o
fifteen shall agree TO the finding before any
Indictment can he found? II, under til
old Law, the accused party musl brlbe q
influence twelve of tie jurors to preven
an indictment how much easier will it J.
to prevent an indictment under the nc7
Constitution, were only four will have L
be bought or influenced. This looks a
though it was intended to enable the IL
f1uensial rich man to defraud justice, an
not like provision for the poor man.


The proposed change is a very ungi=
one and will lead to the greatest abuses.
may enable men Of influence to escape b.
ing put upon trial for their crimes, w'his
no good citizen, be he rich OF poor, desirI
OF wishes


Let equal justice be dealt out to all alb
and If necessary let the number fjnrors
so increased that they cannot be CONTROLS


by any person whatever-but never let Il


number be diminished while VIC have su,


evidence as is before us Of the power


some men to defeat tie ends Of justice


influencing the jury


The commendabIe zeal of the Convent,


to save expense had better be exe1ted


some other way than BY striking down t


protection furnished by that ti.ne-honor


and Justly cherished tribunal yclept t


Grand Jury. Let US live under the c


Constitution, which docs secure eqr


justice al less than half the expense, ratt


than adopt the iniquitous thing viii


seems to have been concocted with a vi


10 deprive thc poor man Of all that lie q


from the protection to life 4


1ihnrty