The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-02-18

the high capacity OF urors-or look upon that
OF the highest capacities IN when freeman can act
while they thus called upon act for the govern
menl, say tlat il is not consistent whh the dignity
OF the government TO call them there to work Tor moth
ing for this mll makes them work for nothing hope
that gentlemen who solicious that narshals,
clerks, and attorneys, shall be paid literally, will not,
the mement attempt is made 10 give compensation
TO jurors equsl 20 wha they ought to have LOOK upon
ln with so much disfavor-that they will pay them at
least something. assume that this bill and this amend
ment does not pay them anything at all man who
comes from any considerable distance TO attend the fed
era courts the State OF New Hampshire will go home
OF pocket if he undertake TO live he ought to live,
like genteman-not exravagany, but live like sim
pie couAtry gentleman. IL he attempts TO do that he
win go home the poorer for having been called upon
discharge this duty. know how il has happened in
many cases. have seen the jurors coming from the
same town with the district attorney and the clerk
Well, the district attorney and the clerk would go the
best houses IN the place, and pay literally for erythng
Tor they had ve dollars day. aud could afford 10 do so
Bat the Jurors have TO separate from them, and go TO
some inferior place they have take lunch in their
pocket, or something OF that Sort they have 10 home
out Of pocket L would be in anybody else but the Sen
ate dsgacelul TO treat Their public servants IN this way
hope, II this bill is TO pass that will not act quite
meanIy in regard to others have done iii regard 10
The compensation OF jurors
Mr. FOOTE. The honorable senator has satisfied me !;
and do think, after what he has said that we ought 10
give three dollars al least
Mr. BERRlEN It has been the misfortune OF this
bill, think, that il has not been previously examined
have objection to raising The compensation OF jurors
TO two dollars per day but. besides the dollar and
fifty cents per day, there is mileage provided for them
and this further provision, that tor every decided
upon by the jury, there shalt be paid 10 each jury
twenty five cents: This will increase the compensation
received by the Juror will only ask that The Senate
will allow the question TO be taken.
The question being taken upon the amendment it was
Mr. HALE | now move to amend the BILL BY striking
out dollar and fifty cenls and inserting three dollars
want to say a word m regard TO suggestion made by
the senator from Georgia These twenty-five cents for
hat Ia ha hAal Tho pntt
TOrs venture to say, by estimate, will be found in the
sna districts OF North Carolina and New hampshire
SMALL mean, to the amount of business that is done
not to increase the compensation OF Jurors cent per
day because, sir the first place, does not apply TO
grand Jurors all in the place, there grea,
many of these courts holden where there are no trials has
except where the United States party. Again, il
frequently the case that suits had in these courts,
where the contest goes Tor week two weeks, three
additional stimulus, twenty five cents Tor three weeks
work; and thus seriously uiged being additional
compensation, and very liberal allowance OF this bill.
Sir Can hardly think the gentleman serious in urging
this as an additional compensation have doubt that
II the examination were made, and average drawn be-
tween the grand jurors and petit jurors, II will not acu
ally increase Their compensation cent per day
lay that entirely OF the II does not to
anything 1t does not up 10 good Joke, to
offer man twenty five cents Tor three weeks work.
Then, SIR, the bill allows five cents per mile for
ellIng. 1t will not even pay the actual expenses. You
cannot find stage coach that will transport its passen.
gers for less than five cents per mile In my experience
per mile hen you ride in stage coaches it is not like
Travelling in steamboats,, where you found You
must stop at the Stage averns and these temper
ance mes II you do not take anything to drink, you
have something 10 eat Five cents per mile will not pay
his actual travelling expenses The jutyman sacrifices
his whole tIme-he sacrifices his busness-and then
comes 10 court, aid is obliged go and live oyster
cellar, something OF that Sort he will be Obliged
to go home out OF pocket This bill does not pay his
actual expenses When gentlemen so fond OF talking
OF such an enlightened people, and OF calling them the
GLORIOUS, hard listed yeomany, and when many eulo
Igies PRONOUNCED upon them, think it is we'll see
how high estimation is OF these yeomanry. Let
see II II up to three dollars per day Let have
little practical democracy and, while compensatng
shals al the rate OF ten and twenty dollars per day, let
pay the people something and take 1t that this bill pays
them nothing II actually taxes them 10 go court, and
hear lawyers make long speeches They go home out OF
pocket and do not get their expenses hope they may
have three dollars per day wish five. Ii ought
10 be five But this is progressive age, and il will be
five by -and-by, | am content with three
Mr. FOOTE. perfectly concur in the views potent
y stalled by the honorable from New Hampshire
and | am glad to know that the honorable senator is re
turning 10 his former democratic principles certainly
have never heard democratic speech in my life
than that so potently made by him the present
| wish 10 make single remark with regard to the
principle OF paying jurors twenty-five cents apiece for
verdict Jeremy Benlham informed us some years ago
that this whole proceeding OF having jurors confined to
a room IN which TO consider their verdict, and TO
sarye from day to day. and from night night until they
should agree was, IN his opinion, proceeding which
was If not designed to have that effect, calculated
duce perjury; because the utmost physical suffering
must be experienced unless the jury could harmonse
They cannot render verdict without harmonzing and
there is more variety in the organization OF the human
intellect than perhaps in anything else that be
ceiyed-a very important fact only discovered by Charles
" believe, after he had resigned the throne 10 his son.
upon the examination OF certain watches He learned
that Their movements would not correspond for 1t
impossible for the most skul mechanic to construct
even two watches TO move exactly in unison Inas.
much, them as human inellecs differ much, and hu
man opinions are so yared, IL unreasonable To expect
that any twelve men, IN admitting great vatle-
ty OF views, will easily harmonic. And while agree
with Mr. Bentham that IL is wrong TO jury into
harmony. | am equally opposed 10 bribng them into it.
am opposed togving them one cent merely reward
for the rendition OF verdict. unwilling TO pay,
TO induce HIM 10 harmonic with his fellow luryman in
the rendition OF verdict perfectly agree as said be-
FORE with the senator from New Hampshire that three
dollars at any rate, is little enough. In my State,
know II would not compensate Juror for neglecng
his private concerns and attending from day TO day upon
the meetings of the court.
| Mr.. DAWSON. have been listening TO this discussion,
and have endeavored 10 ascertain what necessity there is
for making these appeals TO the country upon what is
called the democratic doctrine, and giving distinction
what called petit jurors all other classes OF pub
lie officers who have charge of public duties should
like very much TO have the senator from New Hampshire
inform us how much member OF the legislature OF his
State receives IN compensation OF the aborous duties OF
making laws Tor The government OF his State
Mr.. HALE When that subiec, comes before the
Senate will give all the information necessary to
BILE them to ACT iudicously [I.aughterl
Mr.. DAWSON How much does the Juror receive in
the tribunals of bis State for attending upon COURT
merely ask this TO show what policy the great democa