Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1850-07-31
COMMUNEC TION

os IN show that the tenure OF Judges snouio DC lhae-
nenJent But we asked is the present state oil things
r. bs ndnred Is there remedy for The eyils Let us
eco b, the evil is before apply the remedy SuIios'
as and iurymen, very much harrassed "y con
~ attendance on Court, the buckets crowded. justice
dl,ved and heavy costs incurred Inns Is tue sum au
substance ofall the complaints know mere are those VIM
81 ad because the Judges not familiar enough some
,' is tho familiar sume because he is not good hu-
because he sometimes says things he had better mol
49, I'D Imay add by way OF SET off, has things SAID 10
h m had rather take but pass by mere personal 90
;,ors ol this sort frivolous and unworthy OF enlei"g
;no ur estimate of truly valuable public oicer. must
No admitted that in some Of our circuits we nave JUDGES
sMe jealous and interchangeable in the discharge of
& des vet even in these circuits The people are oy no
- free from the evils we speak OF. There at any rate
~ Sal, Is not the Judges And here take occasion 10
COW l,b,lch it has become fashionable 10 aOnse Judges,
ths, as class they equal 10 any other ana II he oes"
~ =, Ike them the only fauess men in the community
hv wha,syer means is attempted, am SATISFIED 1t WIN
c They have usually been well selected QUITO the oes'
n,l their circuits could afford and their salary CON-
,nd and usually are dgent and faithful In the discharge
of their dues-in some instances lhey certainty "a'e'
bere the people still suffer annoyance from lgaon.-
What is the evil there answer 1t is 10 De iound IN 'e
; yse,n No one who has been accustomed TO watch
Of Justice in our Courts of law, can iail 70 nave
ho tTck by The delay and cost originating IN that cause
III t,, system there must be twelve Jurymen ana 10
less The Sheriff is occupied very considerane ie d.
WAYS aier the Court meets IN running down ana ca'cs
nm e reouisiteadber, and still longer II the parties insist
upena freehold Jury. by the lne 'hey Hie ea,so
scattered localities, by the time they arc done as
s,E reasons why they should be excused from serving
and tt s.eisl at The Clerks lable the morning aJl''
have nearly accomplished their journey. Inc case - 'e
stated and it turns to be snort one. Inc July io
and sher cannot agree purposey remain /" 'e. run"
after they have agreed TO aVoIo Ss y" VIC , "a tho
rbe same process has be gone through WITH and Inc
s,,pa DELAY encountered empannel another Jury Inc
next case is long and tedious one which VIII occupy TWO
or three DAYS an old resdeer that has been lreo sevef
lines before AT the end OF lEe third day, one OIL iS
numerous body Of treFs is nn taken SICK Inc Jury iee au
hand throuGh the of The term by me next Term
nor stn,no those already the docket there are several
necases of The same sort, where the distinction between
dIedum and tweedledee Is SO nice, lIat II Is teay
remarkable twelve ever could be brought 70 una'i'y
nm the snbect even after half dozen trials or eac tra
the Sherf and numerous witnesses have TO be PAID Inc
Gil has 10 be paid and the Lawyers have TO be paid
Is nosble 10 get cheap and speedy justice under such
Would the election Of the Judges by the people
or by any other power under heaven correct eSe e's
whh are necessarily and unavodaby incident 10 Inc ss
TEN itsef2 What is 10 be done lteduce me "u'ioe VI
nrv men 10 seven you can then afford TO pay them without
expense and they afford to be present at an
ear tor ready al moments warning TO do the business
And further provide that majority or at least Ve out oil
seven shall decide every that comes before men, eA
cep criminal cases, where IN respect 10 PersonI "oery
! should
| docket will be kept constantly clean swept Every case
as soon as il is reached certainly disposed Of Hung n
ries that milestone, that mountain on Inc neck Vi JuSce'
will no longer be heard Of. Even continuanceS Wcu;u oe
rare because the witnesses would feel that their attendance
m Court would almost never be in vain. They would at
tend one term at any sacrifice when they knew The cause
wond be certainly tried and decided and they forever ds
CHARGED to follow their business ne consequence
would be that nearly all the causes would be heara as soon
rs they Go upon the docket, and very lew W"uu REMAIN
I -, s,otp Tnlft III. n1rpp
upon beyond the second term SINCE nal o'o @
Of conndances the Tendance OF Witnesses would be
removed Here is all obvious. and think may say IN
ibe remedy for the grievances complained Of as lar as
Jury cases are concerned. :. :,
But say some we must have unanimIty 1T The jury
Why2 Do not Congress and the State legislatures act ue
6ntyely by bare maoes upon the most inomentous cues
lions inyoynn the highest interests OF society aud OF indl
vduals2 Cannot five out of the nine members VINO con-
e,;,,o ;be Sppeme Conr Of the United States settle the
riant to princpaes, questions OF freedom or slavery
lie or death D0n0i our Goui OF ApgcIslct on Tie same
sle r ln7;orit;os in al tire luferes7E and important
,uos ans v,bcl come ~ before them Then why should
no, Sres be governed by the principle n questions
reanp merely to the rights Of property The Judges are
but men, and the jures but men, anH He Ia" SuPSeS
each ADEQUATE 10 The decision OF The cases popouhueu 10
them the ures of Involving facts rather tan iaw'
and the Judges in cases involving law only ana III
o,bers both law and Facts majority rules IN one tFlou-
nal see no reason why majority should mol RUE III tne
other majority is not always right is true, o"! tiS
is equally true of every tribunal. Absolute justice 10 all
cases is unattanabewe sometimes get II, we sometimes
-yn,ate il and not unfrequently miss IL altogether
There are doubtless where single Jurynan mas pre-
vented wrong decision, but that might be the case let
nrber instead of twelve consisted of thirty and Ii we aim
At what we would not at last get lnailollliy we Souid
take iurv of thirty and demand unanlmly from tnen'-
Rnt where snpe juryman has prevented wrong decs-
ion nm oe OCCASION he has in ont OF ten prevent
Cd roht one by which the unfortunate suor is IN Inc
end nvyed in Gusts which overwhem him with ruin and
not uneqnenty just rights are totally defeated oy delays
whereby testimony has been lost or mo means u
lion are no longer 20 be had Ourury system was derived
from Fn1,nd where it worked well enough, because the
absurdy of requiring that twelve men should all agree
about any matter before decision could be mad was cor
rec,ed by another absurdy which required mat hey sord
he kent topether without anything TO eat OF diihk uh
bev did aGree We have such corrective and can nave
oe went to allow majority Of the jury To decide all
vil ,ses In that event where papabe errors are com
;t,od nv the ury the Judge as he now may, can grant
new trials In all other cases. though maIorIes are not
,,ways ohi vet necessity drives us to adopt the RUE OF
maoiies that strife may have an end Wl'nou' 'i.SIu'e
Goyernment would be stationary, and litigation as II III"
is almost inermuable and absolutely insuteraole. -,
Whilst Jury trials cannot be highly appreciated IN all
,es affecting the life or liberty of the citizens yet IN
mere matters of contract, the growing temper OF 'he eS
h IN consider that this cumbersome machinery may De SAFE
" and wisely dispensed with III vast hummer VI
IN Now York under her code jury is never invoked
~ iii cases nnless specially demanded by one Of the par
,es And such is the confidence people in that mode
r; that in their Marine Court have seen tsated that
ou Of 1855 judgments rendered. only CT were on The YER
dict Of jury Our new code has provision similar to
~, ~ Noy York The effect this law have no doubt
III 10 &c l. was intended 10 dispense with jury trial in
80 number Of cases which could as well be tried by The
rdge by which much relief will be experienced Indeed
finTies are 10 be paid unless their number is reduced and
unless parties are protected against multiplicity Of Flais
The enormous expense Of litigation will dtre sultois 10 SUD
~ h; cases 70 the Judge This result should be depre-
c,sd because there is large class of which jury
from the mds; of the people and their business are better
qualified 10 Try than any other tribunal But be this as il
unless decision is be had by less than the unan
nous voice oftwelve men, am satisfied mere VIII De nc
o.' cbswqe in the present condition of things, i
ne Indres should be elected every six months With the
novson referred TO- and by liberal practice in the Courts
srnsog of ,pchnicaIites as not allow them, so fa