Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1854-06-01
FOR THE ADVERTISER.
Division Of Edgefeld,-M0. X.


t-icts promote parlzanslip in litigation TO such
IN extent as to prevent justice being administer
cG--that in the small District, every citizen be-
comes warmly enlisted for the success of one or
the other Of the parties to q Suit-lhat jurors
and Witnesses are thus infected with the general
2rGjNdice, and made unfit il sill in judgment or
to give testimony ii trial between their ne gh-
LorS This objection is either very idle, or my
zeal in behalf Of small Districts, will not permit
me to perceive lis force.
Most OF the litigation that occurs in any COM
munity, is not Of Il character to excite much
pEbiic concern, yet | must admit, that there Is
more or less parlizauSiiip aroused by every ar
2,0liant cause, whether it be tigatcd in large,
or in Il small District. Perhaps witnesses as 4
general rule always tenn strongly toward the
party for whom they are sworn, and sometimes
= jury will unconsciou$ly, or designcdly be bIs-
ed By other Influences than the law and evidence,
but this is rs much the case in 4 large, rs 1t Is
in Il small District, thessnly difference being that
partiZansilip is more ptTccp;iGIe i'll Il small Dis
tgirt 1t is desirable that something of / parti-
zan feeling Should ATTEND the trial Of every i'm
pUr.ant case II law. Truth is much more likely
10 be discovered and told. aud justice is tarmUre
apt 10 be awarded by the jury, under high en-
citemcut than when general IislicSSless rel gnS
in the community. The Legislator never speaks
SO e.0qucnily orvOicS 50 CORRECTLY rs on exciting
occasions, and so with The Uror, who is but Il
temporary, or local Le- i,Iator, selected BY
cfancc to lc@isllte on the particular ease before
him The jury is the "Cuuntrr' which mus,
say whether or no., and how the law shall he
applied 10 every citizen The inhabitants OF the
whole Safe may Hu'ic laws but the people OF
our own Judicial District, must apply them to
Us or Guard us against the enforcement OF 4
tyrluical law Hence our peers and nciSt6orS
are practically, our only Legislators 4 last, and
the very Organization Of jury. would seem to
require that parIizan>ilip SbOH!d enter into lis
deliberations and action. This must be 50, else
why are none but nci.hborS Of the li,i"anis
placed Oh the iurv, or why is UnanimUNrcquired.
before Il verdict can be made up! Where ju-
rors are acquainted with the suLlrct-maticr IN
dispute Us well rs with the character, relations
and previous history Of the Iii gants and their
witnesses, some Of the panel are sure to take
sides most zralOu>I: but the Hnaa;mEy prnrl-
pie protects litgants against the prejudice, bi;is
or partiZanship Of one. or several Jurors, be-
cause every member OF the panel must consent
TO tic verdict, which IS always tho result OF mu-
tual modification among twelve men. Some
sort Of vca!ici must be brought III, and the
necessity of dN agreeing 10 il, makes each Juror
listen 20 arguments uf reason and Justice. From
the two facts, lst. that jury of ones ncig'iborS
only can pass upon his case. and ID. that the
whole iurv must assent 10 the verdict, ii must
be designed that the Jury shall use nj the trial
their prerioWS knowledge Oi the parties, wit
ncSscs and matters in dispute. that they may the
better 81 true verdict give, according 10 the
evidence" rs they are sworn TO do. They are
required 10 90 according to the evidence" it is
true but their previous knowledge of every per-
son and everything, involved in the case enables
them to weigh the evidence more correctly and
10 apply the law mere properly than strangers
could We want urrrS who feel III interest in
the case they are tryiag-who know the parties
that ere suing. the Witnesses that are tesiivlng,
and who can see the tG!l bearing of every thing
upon the verdict. rs well rs the effect OF the
verde; upon Individuals, or society 1T large.
y Jury Of nci.! bor>, not Of strangers, has been
landmark Of freedom with tie Americans and
English or more comprehcnsrelv, with the
whGlu Aaglo-Saxon race, ever since tie days OF
king Arcd The most boastcd feature OF self
government. and the sioutrst bulwagk OF AngIl-
c., liberty is trial 0y ones peers, or ''kindrcd'
=, ~. HaIlam calls y jury. Tie prime motive
ia, establishing Counties. Hundreds and I'lIil-
inus in England wls to lei the people .%orcrn
i-aaSeir.S aGd 10 prcvcH; the raplncs and dl>Or-
GERS. which formerly prevailed in the Realm.
The Inhabitants of every l'nhiug or Towr, dwct
togc,lcr and We're SHrc'ieS or free rlHlgeS 10 the
Kim. for the GOOD behavior of each other; and
If any offence MAS committed in their district,
they were bound 10 have the offender forth
cUn.iur And therefore ancicnt!v no man WIS
suffered 10 ;.biJc in England above forty days,
unless he were enrolled in some Tlihing, Town
ti,It
practically The Hundred containing many
Towns w;ls similarly organized aud had Courts,
Bai!ilIS. Sc. to n0ycru il. moi very unlike Il Mag
istr:l;c's district in South Carolina The County
embraced several hundreds aud Towns. In an
cient times each County made and applied lis
own laws b. Il local Legislature Or Court, called
Shire Gcmot or County Court, which disposed
os every important matter that arose in the
County. Thus Whenever land WIS il dispute.
or 4 cti:uns! had to be tried, the people of the
whole County. or m other words the Country,
aSsclnblcd il; the County Seat, to si in judy
mcnt, or to giyc evidence. 1t waS however,
found n:oavrncnt and unwisc 10 assemble the
whole County, either to Try the title TO land, TO
pas, upon Il criminal, or to do any other impor-,
Iant act and hcucc arose the practice Of appoint
iug Committees, consisting Of three, nine, twelve
twea,y-iour. or thriy-siX members, selected by
chance, who upon oath should decide the quar-
rcs OF their nrg:bors, or pronounce Judgment
between their country and 4 criminal. These
Committees at first performed the office OF both
Jurors and witnesses, and were Styicd ''comrur-
Gators because they assisted the person charged
with 4 crime or sued in c!vi! action, 10 purge
h;::lscf bv oath of the accusation. The 1sWH'5cr
OI cOmpurT;tOrs varied according 10 the nature
OF the charGe and other circumstances but as an
general rule, Judgment went against every de-
tcudant, who could not iiud at i"at twelve men
among his ;oigtborS and friends who would
swear that they believed him 10 be innocent Of
the charge In like manner, 4 Plaintiff or prose-
culor had to produce ut least twelve men. who
upon oath, would Subs.aniate his aliegatio ons,
before he could secure Judgment against the de-
icudant Therefore no verdict could be given
ior either side, until ut least twelve compurga-
tors agreed, and compurgaors were always add.
ed until twelve OF them did agree, one WAY or
the other This ancient custom WAS called
frank pledge" aud from it We derive our nun
Der Of twelve urymcn rs well rs the principle
Of their unQaimiin Ii is obvious that frank
pledge proceeded upon the maxim, tilat the best
guarantee Of every man, obedience 10 the gov
crament. WAS to bc sought in the confidence gf
his ncigtborS, and that therefore his compurga-
tors should be residents OF the ricinHgc wit
nc,scs Of the defendants previous life and COM
petcnt to estimate the probability of his ex-
culpatory oath" In the progress Of time, The
conpUrga ors lost their character Of witnesses
and acted only rs impartial judges or jurors, but
nevertheless The whole jury had to come from
the vicinagc. We still allow u criminal in cases
of felony TO challenge twenty jurors without
cause, and IN indefinite number wiki cause. In