Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1843-11-16
From he staantoa Spectator.
:HANGE IN THE JURY Law

draft Of a petition ioibe Legislature on
The subject Of a change in the existing Ju-
~ system OF Virginia. 1t has been pre-
pared by gentleman well acquainted
with such subjects land certainly deserve
the serious consideration Of every man 10
The commonwealth. We would suggest.
to all, then, who may have en- oppof'n-
nty Of doing so, and who concur in the
views Of the writer, that they cut the re-
,ition out Of the paper, aud APPEND h IT
strip Of blank Paper for the purpose OF
obtiinng signatures-so that the matter
may be laid before the Legislature al the
ensuing session.
To The People Of Augusta County.
Fellow Citizens beg lcave to bring
to your notice a subject in which you are
all deeply interested, and which is closely
connected with the wise, speedy and eco-
nomical administration of public Justice
refer to change in the jury system of
Virginia. II is a subject which has been
much talked about by the people, but
heretofore no steps have been taken hav.
ing a tendency to produce any practical
change. Ny purpose now is merely TO
offer some suggestions for public consid.
Grafton, in the hope they may lead other
persons, more competent than myself, to
present tn If views, and thus elicit some
thing like an expression OF public opinion
in fegarj to it. And in order to give the
matter tangible shape, have concluded
to throw my opinions INTO the form OF a
petition to the General Assembly of Vir.
gina, SO that those who concur in them
may have an opportunity oil Bringing the
subject beiore the only tribunal which has
the power to afford the proper r, lief.
S.
| To the General Assembly Of Virginia.
The petition of tho undersigned citizens
Of the county of Augusta respectfully rep
rcsents--
That, in the opinion Of your petitioners,
the present jury system of Virginia is We
ry inefficien., and unt quail, and onorous
IN its operation, and needs radical reform.
BY the existing laws the sherifs, are re.
CURED in the County Courts, TO summon
juries as the cases may be called for trial,
and in the Superior Courts, at the close oil
each day to summon "a jurors, to be in
attendance on tho next succeeding day
The Jurors thus summoned are required
under heavy penalty. to remain in at.
tendance upon the sessions of the Court,
from day to day. and sometimes from
week to week, until they are discharged.
] E~s . hauayar Ia hnr.n,,c rl,~ ~
continued, they receive no kind Of COM
pensa,on, and are compelled TO bear their
own expenses whilst they are performing
Lit.
The practical r suits in this system are
in many respects pernicious.
! In tho first place large amount Of the
time Of portion OF our fellow. Citizens
which is their most ratuatie property lis
taken from III, m, without any compensa-
ton. This is in itself unjust, but when
we come to look at the practical working
of the system, it will be found that the e.
wis Oft principle are greatly aggrava.
ted by extrinsic causes. five refer to
the records of our Courts, it will BIS found
that much the larger number of those who
serve on juries, and who are thereby bur-
lhened with the expense Of the adm mis-.
tralion of just are Those who are least
able to afford il, and have least litigation
of their own. Sherifs are but men, and
cannot be exempt from those feelings
which are incident TO human nature and
hence we see the men OF wealth and lnflu.
| ence in society readily OBTAIN release
from service on juries, VIII IL poor men,
mechanics, and small farmers, are COM
PEELED to bear the burden OF the day. In
many instances it happens ii at young me-
chanlcs who have families to support, and
nothing but their labor to depend on for
Their duly bread, are obliged to close
their shops for week at a time, TO per-
| form the functions of Jurors in Court-or
some young farmer who has lett no one
bu, his wife and little children of home,
ten or fifteen miles from the Court House,
is detained on similar service, until late
hour in the evening, and then compelled
to remain in town, at heavy expense,
or ride home, by midnight, TO relieve the
anxieties of his family, and prevent his
stock from suffering. Attic same time,
4
the more nfuential and wealthy citizen,
who could bear the expense of remaining
at a tavern, and who has servants at home
to attend 10 his affairs, has a complete
immunity from this oppressive SERVICE
This, it must be conceded, is gross injus-
tlce.
But this is by no means The creates.
evil TO the public which results from the
system. Every one will acknowledge
the importance of having our most expe-
ricnced and well informed men on our
juries. TITS is necessary to inspire con-
hdence inti> correctness of the vetdicts,
and to give dignity to the administration
of Justice. But how can such result be
accomplished, il the Juries are composed
Of the youngest and leust educated por-
ton OF the community? The natural eff.
feet Of our system is visible in the con.
tempt with which tbs verdicls of jures
are regarded-in the fr, Quency Of hung
Ijuries-in tho facility with which new
trials are granted-in tho delays in the
Gnal decisions of controversles-an in
tie enormous accumulation OF costs, which
induce many men TO abandon their rights
rather than incur the cost and trouble OF
prosecuting them.