Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1855-07-12


glorious uncertainty Of the law" is changed 70
the absolute uncertainty of the facts as found by
a jury. Among the causes which have led 70
this disastros state of things may be mentioned
the following First, the great defect In sno
mode of selecting and the number selected. II
the civil authority, as the board SCALED, shousa
be entrusted at all with the salectionof jurors,
they should be compelled to perform that duty
in very different manner. The practicc Ill
most towns now is to do this among the last
things done at the annual meeting, when many
if not most of the business men and intelligent
freemen have retired, taking care, perhaps 70
see t it, that their names are not on the list,
and this puts it in the power ola man OF wealth
or other controlling influence, especially if he
or his friends are embarked in litigation to
place in the jury box, of his own town at least,
men he can control, and possibly even extend
that influence into neighboring towns. And
again, in maay towns the authority treat the
duty as burthen, and are quite indifferent as
to what names 20 into the jury box, and
large proportion of those now in the various
boxes are the men who wish to be there, because
this position is within the reach Of their ambi-
ton. Seeing themselves below the grade of In
tellect required for representatives, selectmen'
or even listers, they look ut the jury box as the
ultima Thule Of their hopes, for elevation among
their fellow men, But the number in the boxes
is vastly too large 1t is believed that from sir
to tlusaty naiassare ordinarily to be found in the
various boxes the statute leaving the Number
to be settlsd.by the civil authority. This is oil
wrong. IF itwere possible under government
of laws, nothing should be left to the discretion
of any body, for discretion, in plain common
sense, means nothing, Or is anything, only this,
do as you please. Therefore the law should
make the apportionment according to the popu-
laton. No town should have more than six nor
less than two. And is it not a singular fact, and
one that demonstrates the detects in the system,
that the panels in our highest court of jury
trial do not average, in mental qualifications for
their high duties in proportion to their numbers.
the panels of six which we see duly brought to-
gethcr by the action of the constable and the
parties, before our justices Of the peace, where
500 is the highest damages that can be rem
dered. :
But enough of the evil Now what of the
remedy frankly admit it is vastly easier to
detect diseases even in the body polite, as in the
bodies of physical nature, than to find the anti
dote or effect the cure. But trial by jury we
should have, and trial by curry we must have.
Our Bill of Rights declares that the trial by jury
shall he held sacred and all experience has shown
its utility, and, in all questions of fact, tho best
security of the rights and liberties of people,
and thu great safety valve against the corrup-
tions and partalitics of Courts. In fine it has
been found to possess all those qualities for good
which are so beautifully set forth by the great
commentator upon the laws of England, Sil
William Blackstone, in his third volume and
twenty third chapter and would that every
intelligent Vermonter might compel himself to
read that chapter at least once year. In set.
Ting and adjusting fact, says that able jurist
when entrusted to any single magistrate, partial
ity and injustice have an ample field to range in
either by boldly asserting that to be proved
which was not SO, or by more artfuly sup
pressing sumo circumstances, stretching and
varying Others, and Distinguishing among the
remainder. Take, therefore, a consistent number
of sensible and upright jurymen, selected by lot
from the intellectual rank, and they will be fount
the best investigators Of truth, and the sures
guardians of public justice, Had our count,
sherifs the power, as in England, under an or
der of the court, directing and limiting thu
number to be drawn from the various towns an(
drawing the best men to be found, would no
the chances for good jury be very much supe
rior to what they now are! Why would it no
much improve the system to require that all tn
names elected as justices of the peace, who ar
not lawyers, should be the only names in thu
jury box and from which the county court ju
injurc most of our justices Of the peace to b
obliged to attend at least ono term of the highe
court annually' On the contrary is it not Ger
tain that it would enlarge and improve thei
knowledge of the great objects for which al
courts are established-the enforcing of !justic
among men. Or if we still retain the desir
to have our town boards select our jurors, thel
define, prescribe and direct by law their power
and duties, and, first and foremost, limit tn
number in accordance with the principle abov
suggested, and then require the authority, n
least twenty days before the first Tuesday o
March annually, to make, and post up in two o
the most public places in town, list of tn
names they nominate and recommend to tn
town, as suitable persons to serve as jurors til
ensuing year. Then require the town as its frs
business and duty, after the election of its mu
nicpal officers, to acopt or reject said list, wit
power of amendment; and if rejected, to cleo
by ballot the required Misunderstanding an
viewing it as the most important election tina
can take place at tho March meeting,
4 Under such regulations, with adequate con
pensation for their services, we might hope fd
great Improvement in our trials by jury an
that compensation should not be less than whs
is paid to the members of the Legislature. Thei
iabors are even more arduous, and the results
their action more mementous to the people
for the Governor can veto bad law, but n
earthly power can veto bad verdict, under OIL
binary circumstance, upon final trial.
deem this subject, therefore, to be one wol
thy the deep consideration of your high pos
tion--yea, worthy the ardent attention of tn
most intellectual, philosophic and patriot
minds in the State The public press should b
trumpet-tongued in its examination, until sue