New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1844-02-28
r II, T r [ B y N E /.
5rdicIa. Reform.

A, able correspondent IN inc lollo"lng article
,.-s hare one OF the sources Of unbearabe ex-
w. :n.e veyation and delay in our system Of ad.
p s;astering Justice. We heartily agree with him
:; n' recommending the abolition of Jury Trial er-
s.ot phsre the defendant demands it, (the plain
.fbaving selected his own tribunal , farther
.h.n this we are not now prepared TO go; but
~. y, think of it. At all events, we believe the
..oDle ere fast coming to the conclusion that a
p.dcal Reform Of our Judicial System is most
,..;,,bIe and that Constitutional Convention is
..oaad 70 effect it Ed. Tribune.
sueaestions for Radical Reform OF our
s"ac Courts OF Jslstice-Tr1al by Jury.
~ u, Editor oft Tribune:
For some years past the subject of Judiciary
psiorm has been agitated in our State, evincing
.learly the awakening of feeling among the
ooonle adverse to the present organization and
ae,eration of our Courts OF Law This discomfort
,gil If course increase until it is appeased by
r,oner and sufficient reform. did at one time
bope, from the tone Of some of our leading jour
n,Is and the course Of some Of our public men,
, , change in this particular would be pro.
nose6 by the Legislature, which would meet the
real evils of our present system and deserve the
name of reform; but from the indications now
visible, fear ifthere any thing done at all twill
move merely partial modification of existing ar
rangements, calculated not to remove their de-
iscts, but rather to proong their existence by rem
iernp them somewhat less intolera6le and OPP
,resslve have a few ideas. which / wish to
offer to the public through your paper, deemlng
i, sir of all the journals with which | am &C
ouainted, both in respect TO the extent Of It's CIR
cuation and the hberality and independence OF
lis tone, the best medium of communication
which the spirit of free and honest inquiry has
with the mind Of the people.
The leading defect in our present Judiciary
system seems to me to be IN the institution of
Trial by Jury. In order to get clearly at this
matter let me suppose, sir, that you IN the course
of your business with some Of your neighbors had
fallen into disagreement, which you of your
selves could not or would not settle, and let US
suppose it to be q difficult and complicated case,
involving the consideration of much obscure tes
timony and the discussion of nice and doubtful
questions. Now, sir, what's the course that you
and your neighbour, as sensible men, unable TO ar
range matters of yourselves but deslrous that JUS
tice and right should be done between you, would
edopt under such circumstances Undoubtedly,
il would be to select from the community, the
man or the men in whom you could have the
most confidence, who, by their intelligence, sound
sense and known integrity were best quaiiileo
for the task, and leave it to them to examine into
the whole matter and make binding decision.
Now sir, precisely such, as 1t seems to me, Is the
course which the law should pursue for the deter
mnstion of all similar questions before ITS trlDu-
mails. .;u. what is the course which the law does
in fact ,ursue Z? Instead Of appointing the abest
and most iudicious men in the community, II Sc
lects its Jurors not according to their quallilca-
tons of ability and integrity, but by lot ana pro-
from the community, from the lgno-
rant and the stupid alike with the ntelllgent-the
corn,pt and unprinciplcd as well as the upright.
And at the same time 1t eXempts from sitlihg oi,
lures the three Professions OF Law, Medicine ana
Divinity, whose members, by their general intel
ligence and habits of mind, are usually the pest
fitted for the duty while our intelligent business
men, those at least to be found IN our villages
commonly contrive, by becoming members OF !ifc
companies or other MEANS to escape from serving
in this very ungrateful Office SO that we usually
find in our lures that the majority at least are
very ordinary, not to say inferior, men-inuivldu-
ais who by their habits of life and often by their
natural abilities are utterly untitled Tor their du'
ties. Drawn from their homes and business
without any adequate compensation, compelled
to SIT perhaps for days. during the tedious process
Of the trial, listening to mass OF confused est!-
monv which. if the case is at all complicated, 1t
is impossible fer them to analyzc ana to rightly
weigh. and at the same time constantly liable 10
be misled by the ingenuity of the cunning ana
experienced counsel, and then imprisoned ana
frequently starved to decision; now utterly
vain is il to expect from our jurles as at present
constituted an intelligent determination OF any
COMPLICATED and difficult case Yet thus, sir, are
the ends of Justice too commonly defeated ana
our Courts of Law become mere Lottery
Now, sir, appeal to the common sense o. lne
country. Would it not be better on all accounts
to abolish this system of Jury Trials, at least as
the general rule, reserving 1t, perhaps, II DC
deemed best (a!though l should doubt It's e1peoi-
ency in any case] in criminal trials ana IN CERTAIN
special cases, where for good reasons 'ae paiueS
may desire Jury? And then, SIT, lei our gu !.
preme Court and Circuit Judges with othels'
necessary, appointed, men OF capacity OF eA-
perience and of tried integrity, IN whom the CO.
pie can have full contidence-lct them pass Pc
riodically through the State, IN such numbers as
may be best. and alone or associated WIN ProPe'
persons selected in each County, hold our courts
and act in them as Judges both OF the law and
OF the fact. Such course, sir, would releve ine
People from the trouble and expense attending
the Jury system, now great and oppressive bur
dent would substitute IN place OF the caprice
and wsakness of incompetent Jurors, the staoiil'Y
and fixed principles of experienced and compe;
ten, Judges-it would put stop TO the ac's Oh
chicanery and pet,itogging, so commonly pEac-
Used upon the ignorance OF our juries-and, more
than all. j, would remove that tearlully immoral
influence flowing from the unequal, uncertain and
meouitsble administration OF our present courts.
Then sir, let the many useless forms and lechn'.
eah,;es with which our law abounds, be swept
away--let its practice and its peadings be SIM
pGSsd-let some of It's rules OF evidence, now