The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-08-27
Trial by Jury.

Trial by Jury.
One OF the reproaches frequently cast upon the
character of the United States by foreign unfrend-
y journalists, is that criminal justice is not admin
istered with fairness and purity, and that in many
instances trial by jury is with US, perfect mock
cry. There is unfortunately too much foundation
IN facts for this grave accusation, and it were well
If the attention of the American community were
more generally and more frequently directed 10 this
deeply important matter.
No one can deny that American juries do often
appear 10 be either altogether regardless of their
oaths sadly ignorant Of the nature Of the solemn
duties which they called on, under that sacred
obligation, 10 discharge. Many cases illustrative
Of the truth of this statement must be fresh in the
recollection of our readers, in all sections of the
Union, and the misfortune is, that il is in of
the most serious characterize this want of fidelity
and decision on the part Of uries has been most
apparent. II has been chiefly in cases of murder
and manslaughter, that the unwllingness of jurors
TO convict, has been manifested. In very many
cases. even when the guilt the person under trial
has been established and made clear as MONDAY,
several of the jurors have refused to agree to the
verdict, which by their oaths they were bound to
render, on the ground that they had conscientious
scruples against condemning any one to death for
the crime of murder. The effect of this has been
injurious in the extreme. A character Of indecsion
and weakness has been given to our criminal tri-
bunals-a want of confidence in the efficacy Of the
administration of criminal justice, been produced
facilities afforded for the escape of the guty-and
the feelings OF the wretched criminals themselves,
often been unnecessarily and cruelty lacerated by
protracted confinement, under circumstances of
great anxiety, torturng doubt, and alternate hoping
and despair
Now, every one who reflects for moment on
the matter must feel convinced that this state of
things should not be permitted to continue, il by
any possibility il can be prevented. AS it is the
ends of justice repeatedly frustrated, and the
great and invaluable institution of trial by jury de-
generates into unmeaning farce. We admit,
with regret, that it is difficult, very difficult to
check the evil of which we complain, and which
is every year increasing 1t would certainly APP
pear that the growing enlightenment of the age op.
poses itself to capital punishment. But that is
subject on which we do not at present enter We
aude to it just in this manner, for the purpose
of reminding all who may think differently that the
scrupes of those jurors who hesitate to pronounce
a verdict which consgns fellow-being to death,
atsa events entitled to respect. But we are
far from thinking that they are justfable. A juror
whol property understands his oath, and feels
himself solemnly bound to discharge to the very
letter the duties imposed by it, Is left without ex-
if he shrink from the responsibilities he has
voluntarily assumed
We trust that the mistaken view of duty and
conscientious feelings which has eften led to the
escape of the guilty, and still more to be depored,
has weakened the influence of onr criminal trbu-
mails, as terror to the evi-doers, will not be al
lowed to operate so extensively as heretofore. We
do think that many jurors who have hitherto acted
In this manner will, after due deliberatlon, adopt
different course In future. As good citizens and
as honorable men, they are bound either to do
their duty or refrain from assuming responsibilities
which they have pre- determined not to discharge
with fidelity. II only in few instances this arti-
Gle may operate as it is intended, we shall have
reason to rejoice, and we conclude by expressing
the hope, that all who concur with us in the me-
cessity and duty OF preserving the solemn and vi
tally important institution of trial by jury, from
degeneratii.g into valueless and inefficient cere-
monia, will in their respective spheres, en-
deavor to extend and enforce the views which
we have thus briefly presented.
siPHmosoPHER GREELEY AT HoME.-Mr. Philoso-
pier Greeley has taken our afectionate advice, and
announces that he will not attend any more mass
meetings, but stay quietly at home. Horace is
right for once. There is very little to be made by
this tinerant stumping over the country.
DEATH OF Com. DALLAs.-We learn that intel
ligerce has been received in this city, of the death
of Com. Alexander ]. Dallas, at Calao. 1. is said
that he died Of paralysis, an attack of which, we
before heard, he received.
CON- Dallas was in command of the Pacific
Squadron at the time Of his death. He was an old
officer, having entered the service in 1906, and
honoraby fought his way through the last war.
Thus our old and well tried naval officers
passing hence.
ERRATvM.-1n yesterdays leader the compositor
made us say the very reverse of what we intended
IN reference to the chances Of the wings, as they
appear at present IN this State. We wrote that
they had the slightest perceptbe shade of pre-
ponderance," as was clear enough from the
context.
LATE FROM LIMA.-Advices from Lima to the
sth of June, state that General Vivanco had re-
treated to Arequipa, pursued by General Castillo
II was thought that Vivanco would embark for the
north, and not give battle-which would prolong
the war several months. Business was dull.
VIsToRs.-Captain Huger and s. Van vliet, of
the u s. A., are staying at the American Hotel
The Hon. w. G. Preston is in town and stop
ping at the Mansion House.
YELLOW FEVER IN MoBILE.-We have seen let
tiers dated Mobile 10Th inst, which state that there