Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1855-07-12
For the Green Mountain Freem
To THE COUNCIL OF CENSORS,

GENTLEMEN There is one most important
appendage to our higher Courts, if such it may
be called, when, in fact, it is one of the main
pillars of the Judicial Temple itsef-the trial
BY Jury-to which did not call your atten-
tion not because it was scarcely of less impor-
lance in our judicial system than the Court it.
self, but for two-reasons first, it would ma @
the article too long for one insertion but, Sec
ondly, for the more important reason that had
grave doubts of your constitutional powers to
remedy the evils of the system which are SO
strongly developed at this day, however much
may he your desire to do SO, if within your ju-
risdiction. shall assume, for the purpose of
its examination, that it is within your province
to so frame an article in the Constitution as to
compel future Legislature to enact statute
by which large portion Of the evils under
which we are now laboring may be removed.
That our juries, as now selected and impanelled,
are, for some cause, far below the wants, yea,
even the necessities, of public and private JUS
tice, is known and read of all men, who are in
any considerable degree cognizant of the pro-
ceedings in our Courts. Is it not well-known
fact that for sound common sense and compre-
hcnsive Judgment, the several panels Of jurors,
as we see them drawn up and sworn in the
courts Of our various counties, are below the
average of their fellow citizens! when the ce-
MUS of the institution itself, the spirit and in
tendment of the law, and the expectations of
the people, require they should be far above that
average in fitness for the purposes for which
they are selected Is it not also true that more
than three-fourth of the names now in the Jury
boxes Of our several towns are the names of men
who would be almost the last men to be selected
by their immediate neighbors as arbitrator or
referees to settle difficulties of the most triding
moment to those around them Were one half
of them ever drawn by the constable or agreed
upon by parties, as jurors in a Justice COURT 1t
is a melancholy fact that the spirit and ambi-
ton of our people in this matter has wonder
fully fallen off, and is at this day far below what
it was at the commencement OF the present CEN
fury. Then strong minded men were willing to
share the burthen of the jury-box for the honor
& utility of human justice, at seventy-fve cents
per lay. " Feed me and will fight" said the
great Captain of the Revolution to the Ameri-
can Congress, but in the cause of justice, pat
riotism and Freedom will not work for pay"
So said our strong minded jurors in the nine
tenth century. But now the progress and ne
cessty of wealth, the great ingredient in social
rcspectability, is indiridualzing the race. Each
plays for himself. Each paddles his own Ca
noe." The genial group of domestic and neigh
borly virtues are thrust aside by the heartless
and resstless hand of fashion and form, and
man, weak man, revcrses the order ofhis being,
when by the breath of life implanted he became
q living soul. Now, in gewgaws clothed, and
with essences Amounted, he becomes moving
fop
The emoluments Of the, jury box don't pay
like the every day proceeds Of industry and en-
terprisc; and as to its honors, those have long
since ceased to crafty an honorable ambition.
Hence the trial Of causes as jurors has fallen
from the coveted estimate of those of our fellow
citizens best fitted for its high vocation. The
men of our several towns on whom rest the great
business and hurthen of society, the men OF
mark who control the commerce, the politics,
the enterprise, the Improvement, tho Church
and State affairs of our various towns, and
those most fit to sit in tho trial of causes, are
not to be found in the jury box. Not thew.
There are men enough, say they, who are Just
fit for it, and who know no higher ambition than
to go to the shire town, sit all day in the trial
OF causes for $l,25 and pay their board out Of
that at some cheap hotel, and return home be-
lieving they are somebody-yet scarcely remem.
bering the principles which have governed or
controlled their verdicts in single cause. II
the subject was not too grave for humor, I should
feel disposed to say such are chancery Jurors
TOR, no matter what the evidence, it is great
chance what will be the verdict, even under the
charg, Of an able and honest judge.
What, then, ARE the causes which have pro.
doced, and are still producing, this great de.
CLEMSON in the worth and value of the trial bv
juryl and have we not descended so far that tb;s
once great abettor of human justice, is now
+ talked of and treated as humbug and the bat.
ties of days and days before it as of equal uncer-
tainty as the cast Of die, or the tossing of a