Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1843-11-02

N""'So i" INV cNiS'ihp jury system OF virginia.
IL has been prepared by gentleman well ac-
qoain,ed with such suhjec,s--and certainly de-
serves the serious consideration Of every man in
the Commonwealth. We would suggest to all
then, who may have an opportunity of doing so,
and who concur in the views Of the writer, that
they cut The petition out of the paper, and append
TO 1t strip OF blank paper for the purpose of OBJ
tanning signatures that the matter may be laid
before the Legislature at the ensuing session.
TO THE PEOPLE OF AUGUSTA COUNTY.
Fellow-Citizcns 81 beg leave to bring TO your
notice subject in which you all deeply In
'erested, and which is closely connected with the
wise, speedy, and economical administration of
public JUSTICE refer TO a change in the jury
system of Virginia. 1t is subject which has
been nuch talked about by the people, but here
toiorc, no steps have been taken having ienden-
cy to produce any practical change. My purpose
now is merely to offer some suggestions for pub
lic considerations in the hope they may lead other
persons, more competent than myself, to present
their views, and thus elicit something like an en-
preston of public opinion in regard to it. And
I'm order to give the matter a tangible shape,
have concluded to throw my opinions Into the
form of petition to the General Assembly of
Virginia, so that those who concur in them may
have AN opportunity of bringing the subject be-
fore the only tribunal which has the power 10
afford the proper relief. S.
To The General assembly of Virginia:
The petition Of the undersigned citizens of the
county of Augusta respectfully represents
That in the opinion of your petitioners, the
presen, jury system Of Virginia is very inefficient,
and unequal, and onerous in its operation, and
needs radical reform. BY the existing laws the
sheriis are required in the county Courts, TO sum-
mon Jurles as the cases may be called for trial.
and in the Superior Courts, at the close of each
day to summon 81 jurors, to be in attendance on
the next succeeding day. The Jurors thus sum
moned are required, under heavy penalty, to re-
main In attendance upon the sessions Of the Court
from day to day, and sometimes from week to
week, until they are discharged. For this ser
vice, however laborious or long continued thew
receive no kind of compensation, and are com.
Peiieu 10 bear Their own expenses whilst they are
performing il.
The practical results Of this system are in
many respects pernicious.
In The hrSi place large amount Of the time of
a portion of our felow-ci,izens-which is their
most udIu0bh properiy-is taken from them, with
out any compensation. This is in itself unjust,
but when we come to look at the practical work
ing of the system IL will be found that the evils
OF the principle are greatly aggravated by extrin-
SIC causes. III we refer TO The records of our
Courts it will be found that much the larger num-
Der OF those who serve on jures and who are
!herehy burthened with the expense of the admin
lstratlon oil JUSTICE are those who are least able
to afford it, and have least litigation of their own.
oherliis are but men, and cannot be exempt from
those feelings which are incident TO human ma
/ ture; and hence we that men of wealth and
influence In society readily obtain a release from
service on jures. while poor men, mechanics.
and small farmers arc compelled TO bear the bur-
den OF the day. In many instances it happens
i mat Young mechanics, who have families 10 sup
port, and nothing but their abour to depend on
ior 'helr daily bread, are Obliged 70 close their
Stops Tor week AT time TO perform the func-
hons Gi Jurors In Court--oI some young farmer
who has left no one but his wife and lutle chill
dE"n at home, ten or fifteen miles from the Court
rouse, is detained on similar service, until a late
hour IN the evening, and then compelled TO re-
main In town, at Il heavy expense, or ride home.
by midnight, TO relieve the anxielies of his fami-
~, and prevent his stock from Suffering At the
same time, the more influential and wealthy ctj-
zen, who could bear the expense of remaining at
tavern, and who has servants at home TO attend
to his affairs, has complete immunity from this
oppressive service. This, it must be conceded, is
But this is by no means the greatest evil TO the
pubic which results from the system. Every
one will acknowledge the importance of having
our most experienced and well informed men on
our Jnries. This is necessary 10 inspire conf
dence IN The correctness of the verdicts and TO
give dignity to the administration of Justice.
But how can such result be accomplished if The
JuIes are composed of the Youngest and least
educated portion of the community? The natu-
raj elect OF our system is visible i'm the contempt
with which the verdlcts of jures are regarded
in the frequency OF hung jurles-in the facility
with which new trials are graned-in the delays
III The INA! decisions of controversies-and in the
enormous accumulation OF costs, which induce
many men 10 abandon their rights rather than in
cur The cost and trouble of prosecuting them.
our petitioners might extend the detail of the
eViIs OF the present system to an almost indefinite
length, but as they will readily suggest them
selves to the minds of an enlightened Legisla-
ture, they will iorbear from farther notice OF
them and proceed to suggest the remedy which
they would respectfully propose.
They ask that law may be passed providing
Tor the establishment of jury system, some
what similar to that which prevails in our sister
States of Pennsylvania, Ohio, and Kentucky.
And as The people Of other portions of the com
monwealih may not desire such change as your
petinoners seek, they would respectfully ask that
the operation Of the law might be limited to the
county OF Augusta and such other counties as
may think proper, in mode to be prescribed by
law, TO adopt it. Your memorialists would res
pectiuIly represent that precedent for this spe-
cies OF partial legislation. may be found in the
road-iaw, and they are not advised of any evil
consequences which have resulted from it.
fpatu of al, L. ~,