ents of continental Europe,
n Revolution of 1789, dis-
rights of accused persus
Es. As their armies were
ns by the masses of the
police was rather to per
individuals who became
The method of trial, if
ved from the Inquisition,
cing the person accused
- History is full of the
upon the helpless and
lent power; while, un-
ave suffered and died
w comparatively have

was no jury, no indiet t, no bail, no counsel, idence, no legal dehibition of cruel or of trial to the dis

ed, no compulsory no presumption of fit of doubt to the Save to the crown, ne within which to

e counsel? Indictment?

e? Legal definition of

Limitation of district? umption of innocence beas corpus? Limita

315. But instead of these protections to the ac the trial seems to have been conducted on the pri that a mere accusation deprived the victim rights, and that the whole proceedings were for the sole benefit of the prosecuting party aimed at knowing the truth, but the means to arr it were very little regarded. The laxity and injust its mode of procedure are shown in the following p

A. The "inquiring" Judge, that is, the Judge had been appointed to lead the whole inquiry, sper after day with the prisoner, in the presence of onl witness, who was his secretary. This Judge,

whole skill had been exerted to bring the prison confession, or to establish his guilt, was also frequ the first sentencing Judge, and also very strongly enced the sentence. This was as if our office Detective, District Attorney, Judge and Jury wer combined into one.

B. The inquiring Judge was wholly unrestricted time, and an accused person might remain under tria years. The Judge was also unlimited as to the mean might use to establish the guilt of the accused. He c take hearsay evidence at his discretion. He was allo to resort to all kinds of tricks in order to work upor imagination of the prisoner. He might call him u midnight, examine him, and then suddenly show hi skull. Every unworthy and puerile motive to co the offense was resorted to.

C. There was no regular indictment, nor did the

315. What principles were substituted for all these? Describe the mo procedure of the "inquiring" Judge. Was it his principal duty to extort fession? What means might he use for this purpose? On what presum was the whole proceeding based? Was there any cross-examination of

DOSSOS 2 Wore punishmenta

require that the accused should know w
against him.

D. The whole proceeding was bas
sumption that the accused was gui
disprove the charge against him.

E. The moral torture which was app confession was immense, and the Judge by law to punish with lashes or other p every contradiction or lie proved from the the accused himself.

F. There was no cross-examination of w G. Punishments were not inflicted in p the crime of which the accused was prove in accordance with the degree of proof a

316. At the present day this system stil those countries where trial by jury has n established, though the growth of civilizatio political affairs by the examples of Engla United States, by increasing publicity, rega lic opinion, and communication with free cou softened its harsher features.

Trial by jury has been introduced as fo In France, in 1791. But in that country a v be given by a majority of the jury. And it found of little use in trials of political offense Government has generally managed in this cases so to pack or intimidate the juries, as to s conviction of persons obnoxious to it.

*Condensed from Lieber's Self-Government and Civil Liberty, p

316. Does the inquisitorial trial still exist? In what countries? the jury trial introduced into France? Must the verdict be unanim country? When was the jury trial introduced

Greece 2

ng was based on the pre-
ed was guilty, and must
st him.

Ich was applied to induce
the Judge was authori
or other physical
-ed from the testimony f

means

ination of witnesses. flicted in proportion to 1 was proven guilty, but e of proof against him.* system still prevails in jury has not yet been of civilization, aided in 3 of England and the licity, regard for pubth free countries, has

iced as follows: Country a verdict may . And it has been cal offenses, for the d in this class of ies, as to secure the

vil Liberty, pp.457-463.

at countries? When was ct be unanimous in that Belgium? Portugal?

on the effect of the

In Sardinia, in 1849

317. The foregoing will furnish some notion of particulars wherein the criminal practice of a large 1 of Europe yet differs from the justice and mercy so 1 pily blended in the American system. Though it possible that fewer criminals escape punishment in rope than in the United States, the conscientious m cannot help preferring the reflection that with fewer innocents are mistakenly and cruelly p ished. The American cannot forget the words Him who said even to a conscious criminal, "V man, hath no man condemned thee? Neither d condemn thee. Go, and sin no more."+

NOTES.-It would seem that torture continues to exist in s parts of Europe. The following is taken from the "London S tator" of December 22d, 1849, which gives as its authority Allgemeine Zeitung, published at Augsburg, not far from Swit land:

"A strange circumstance has just taken place at Herisan, the c tal of Inner Appenzall, in Switzerland, showing how much in t countries of old liberties, civilization is behindhand in some matt A young girl of nineteen, some months back, assassinated her ri Her lover was arrested with her, and as she accused him of crime, both were put to the torture. The girl yielded to the pain, confessed her crime; the young man held firm to his denial; former was condemned to death, and on the seventh of the mo was decapitated with the sword in the market place of Heri after a two hours struggle with four men who were appointe execute the sentence."--Lieber's C. L. & S. G., p. 463, note.

*Forsyth's History of Trial by Jury, pp. 347-367.
† John viii: 11.

317. What humane reflection compensates the American for the fact that

ng criminals sometimes

258

LEGAL IDEAS.

[LESSON 31

The novel reader will get a fair idea of the old French mode of dealing with accused persons, in the first chapters of the "Count of Monte Cristo." Also of French punishments from Vol. I of "Les Miserables," by V. Hugo.

For an interesting account of Paraguayan trials, as conducted under the tyrant Lopez the younger, within the past decade, the reader is referred to Washburne's History of Paraguay, 1871.

LESSON XXXI.

OF HABEAS CORPUS AND EX POST FACTO LAWS.

318. What is meant by the term "Habeas Corpus"? This term is a Latin law phrase, and means ..You may have the body." It is applied to a "writ" or written instrument issued by certain of the higher Judges who are specified by law, and addressed to any person who may be complained of as guilty of keeping another imprisoned or deprived of his liberty without due process of law, as required by the Constitution. The object of this writ is to protect personal liberty.

319. What says the Federal Constitution on the subject of Habeas Corpus?

The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it."-Art. I, Sec. 9, Clause 2.

The several State Constitutions contain substantially the same clause.

320. What was the origin of this writ?

318. What is the meaning of the term habeas corpus? Describe the writ of kabeas corpus? What is its object?

319. Quote the clause from the Federal Constitution on this subject?

320. What was the origin of this writ? In what countries is it used, and for what purposes?

*

259

It was derived by the American States from Great Britain, where it was enacted by Parliament in the reign of Charles II.* The writ of habeas corpus has since that time, not only in Britain, but in all her colonies, as well as in the United States, been relied upon as the most efficient device ever invented by man, to prevent all manner of illegal imprisonments, and unlawful restraints of persons.

321. How does this writ operate in practice?

It sometimes happens, in the administration of law and government, that a person is wrongfully imprisoned or restrained of his freedom, before he has been lawfully tried and ordered to be imprisoned in punishment for some crime. Sometimes also persons may be imprisoned by individuals without any pretense of the forms of law: as by illegally holding a child in custody, or locking a person in a room. Thus, we will suppose James Smith to be imprisoned in the San Francisco county jail:

A. He, or some person for him, swears to a petition which recites the facts of his imprisonment, and that the petitioner is wrongfully detained in said jail by John Short, the jailor. This petition is addressed to a Judge of one of the higher Courts, from whom it asks a writ of habeas corpus. This writ may be granted

1. By the State Supreme Court, or any Judge thereof, upon petition on behalf of any person restrained of his liberty in the State.

2. By the District Courts, or a Judge thereof, upon petition on behalf of any person restrained of his liberty in their respective districts.

3. By the County Courts, or a Judge thereof, upon

*Lieber's C. L. and S. G., 66.

321. How does it operate in practice? Give a detailed account of its workings? Does it determine whether or not the prisoner is guilty of any charge against him?