Year: 1875

lula Il lON Vt lie bASS - OAs


LAWSi


l. In the FIRST place those who break
them. Under license those were pri-
marily guilty who sold to minors or
drunkards either directly or indirectly,
or druggists who sold otherwise than
honestly as a medicine for disease.
Now when as in this county and in
more than half the State no licenses are
granted, all are guilty who sell for
beverage, for no good citizen will break
tn, laws of his country.


2. But when the law is broken and
the breaking is tolerated who is re
sponsible for the toleration! In some
sense tie people-not every man but
the governing majority, for it is always
in their power to stop it Hon. llora-
tio Seymour says that when Governor
Of New York he was applied to for the
pardon of great numbers OF criminals
when it appeared upon particular en-
quiry into their cases that the commit
nifty itself was in great measure re-
sponsible for the violation of the law,
and that it would be impossible to frame
an indictment against such which would
not at the same time implicate the So
ciety in which the offense was COM
mitted.


Again those cognizant Of the viola
ton OF the law aud remain silent be-
come in some sense parties to it.


There are some crimes which by
common consent all who are cognizant
of them are bound to report as the burn
ing of mans house, but give any
father his choice whether to have his
house burned or his son made drunk
ard.


HTinesses also are not unfrequently
responsible, especially those who drink.
Though they solemnly swear to tell the
truth, the whole truth and nothing but
the truth, they are observed in too many
cases TO prevaricate and say they "do
not know" or "do not remember when
they do perfectly know and perfectly
remember all about it.


Jurors also are severely censured in
this connection. The present writer is
without personal knowledge OF their
moral delinquency, but speaks only from
reports of experienced lawyers and
judges.


OF Grand Juries summoned by the
Sheriff at his discretion and pledged TO
secresy any two can hinder present.
ment. So few are the presentments
made under this system where the
crimes are universally believed to be
beyond doubt that in some States there
is a loud demand for abolishing grand
juries altogether, as hindersrs of the
justice which they were intended TO
promote.


Petit iuries also take solemn oath
the import of which is that they invoke
the Judgment of God upon their souls
in the eternal world if they do not what
they swear they will do, viz: to find a
verdict in accordance with the law and
the evidence, when in the reported
cises they do neither, the iaw being un-
questioned aud the hsiimony unques-
toned.


If it be said that in criminal cases
the juries are made judges of both law
and evidence, this is true; but what does
it mean! 1t nears that they may decide
whether and how far particular case
comes within the intentions of the law,
not that they can disregard what they
admit to be the law, and set it aside for
in such case they are plainly guilty Of
perjury. And will any take the ground
that Notwithstanding their oath they
will not find verdict Of "guilty" under
the law unless the law is one which
meets their approval. This is what tho
bar loudly complains of.


In such case the juror in violation OF
his oath-and with all his possible ig-
norance, or prejudice, or partiality OF
dishonesty assumes the functions OF
both the Legislature and the Executive
(tbe law making and pardoning Power)
when the first installment Of civil liberty
was in the separation Of these functions
and assigning them to different and
Independent parties.


If it be true that juror may without
guilt find verdict according to what
he happens to think the law should be
and not according to what il is, then
who ever votes in the negative upon
the passage of law is not morally
bound to obey it, and any one voting
in the affirmative upon changing bis
opinion is no longer bound to obey it
II this be true of jurors it IS equally
true of judges and all the officers OF
government and there is an end of liber.
". 1t is utter revolution and anarchy.
Who ever takes this position is disqual
flied ipso facto from serving on a jury.
Such would be the decision OF every
Judge upon the bench; and every judge
ought to institute enquiry and pro
nounce accordingly.


Special charges in this respect are
made against Jefferson county, the IN
terest and reputation Of which are a,
dear to the present writer as to any man
in it. For the truth of the charges be
cannot vouch, but they are made, bring.
ing to mind the lsmentation of Lord
Campbell that he had practiced in
courts where no cause was secure and
none was desperate.


Tine lawyers tell US that not unfre-
quently a glance at the panel sends q
smile across the bar, the verdict being