side over the court, a sheriff and
deputies, and a State's solicitor, who looks after the interests of
the State, and last, but by no means least, comes the jury, whose duty
it is to discharge or pass on the innocence or guilt of the prisoner
according to the law and evidence as offered; it requires all these to
constitute an organized court of law.
First: The judge should be a man selected on account of his nobility
of character, of heart, of soul and of mind; a man of experience and
training, a man of affairs, learned in the affairs appertaining
strictly to his branch, as also in literature and science; a man
merciful, kind and generous, of a sterling character, temperate,
though positive and unbiased by private opinion, in a word, he should
be a man, the representative of justice, though not usurping that
power as abiding in himself, but as the instrument of that power;
whose moral character ought to be without blemish, a man whose habit,
integrity, shrewd judgment and wise counsel place him above the
average man, making him of the people and for the people.
Sheriffs and deputies ought to be honest and fearless, having the
highest regard for the life and liberties of the people; they should
be kind and generous, yet positive and fearless, ever ready to defend
the life and liberties of the people, using their office only in
consonance with the prescribed law in aiding the conviction of crime,
but not as a means of revenging personal wrongs or injuries of the
people whose color is their only sin.
THE JURY: The jury ought to be composed, if possible, of men of
learning, whose moral character, love of truth, unbiased by racial
prejudice or private opinions, being only representatives of the
people, who in the name of the people adjudge, condemn or acquit
according to the evidence, not from any private opinion, but governed
by such law as is made in the statement of the judge bearing upon the
case given previously to their retiring; if these men of learning can
not be found, as in most cases, let others who, for the above
qualifications minus learning, be substituted in their stead. In the
selection of the jury in the most cases they come as the most refined
element of the scum and refuse of the party class, whose labor in the
election of some democratic officer, can only be rewarded under these
terms; being unqualified to fill even the most inferior office of
their party, in a majority of cases, not even one of the
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