Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1857-11-28
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jurors, Ito 81 90 a day. coming up for eonsid-
Grating on the third reading
MIR. BullOch moved to strike out the word
FIVE . 10 The mileage section.
Mr.. Bayless thought mileage should not be
allowed for travel less than ten miles. He pro-
posed to ameRd by allowing mileage Tor over
ten miles.
Mr.. Davidson supported the amendment and
the views Of Mr.. Bulloch.
Mr.. Estes was for retaining the mileage pro-
vision, upon the principle Of justice He did
not insist upon mileage for talismen jurors.
Mr.. Blackburn should oppose mileage be
cause 10 included the ia isman jurors BE
thought the increase Of pay of jurors fifty per
cent. (as In the biil) was sufficient.
Mr.. Bulloch's amendment prevailed, and the
mileage was stricken out.
Mr.. Bayless' Amendment was rejected.
Mr.. johnson proposed mileage Tor travel over
seven miles. Mileage vas as appropriate to
jurors as It was to Witnesses.
Mr.. BuIloeh alleged that witness mileage
was wrong in principle, although there was no
similarity In these eases-Jhe juror getting
twice the per diem Of a witness.
Mr.. Bayless supported the amendment.
Mr. Johnson's amendment was rejected.
Mr.. Bulloch moved now to strike out the en-
tire section feistive to- mileage.
The Speaker. The section is now virtually
destroyed.
Mr.. Cooper proposed to amend the section 90
that the juror shall have four cents a milein all
cases.
Mr.. BuilOch's motion to strike on. the sbtire
section was carried.
Mr.. Davidson made an Intellectual motion to
reconsider this vote.
Mr.. Bradford proposed to amend BY adding a
sections, as follows:
Be Il further enacted, That all Jurors sun-
moned IN criminal cases, and who do actually
attend court, shall receive the same eompensa-
tion for the time they attend that other Jurors
receive.
Mr.. Bradford said;
Mr.. Speaker / offer this amendment be
cause / believe Il contains a principle Of equal
ity and Justice which cannot be violated BY any
community or body polite with imPanity. II
has ever been held to be a sound principle that
the burthens Of Government should rest equally
upon the shoulders Of every individual consti-
tuting the Government, and likewise the emoiu-
ments or benefits OF Government should be
equally distributed. But, what, | ask, has
besn the course pursued by the Legislature ?
Has It not been to Discriminate between indi-
VidGals who are called upon to serve the public
in the capacity Of jurors? Ii is unnecessary
for me to say TO honorable gentlemen on this
foOr, that this is 90. There is no one who has
attended the periodical terns Of our Circuit
Courts who has not heard the murmuTings Of
the people under the infection Of this wrong.
What is the law as it now stands? Suits al
law are divided into two classes, 9 civil anu
g criminal" To hear and decide civil cases,
the law provides that a regular PANEL should
be summoned, under penalty Of q hni. To hear
and decide criminal cases, the law provides that
the sheriff shall summon Unfortunately, and
without limit as to number, also under penalty
Of a fine. But there is this remarkable differ
ence those who decide civil cases get a CON-
pensstion Of one dollar and fifty cents per day,
while those who are summoned TO decide Grim
inal cases do not get a single cent, unless they
happen to be taken on the Jury. Why, l ask,
is this discrimination Is not the penalty for
non-sttendanee the ssme2 Are they not the
same people? And is the object not the CON-
mon protection OF all? 1t cannot be that the
criminal Jury are better able to bear the loss Of
time and neglect Of business than the civil
jury. Every gentleman present knows it to be
just the contrary. The regular panel are al
most invariably selected from those in town
and country, who are most able, in a pecuniary
sense, to bear the burthen, while the criminal
Jurors are selected from the most distant por-
tons of the county and are least able to bear
the burthen. And why? Because the law dis
qualities a man who has formed OF expressed
an opinion" from hearing the testimony or
facts In the case, and these deeds Of crime al
most always occur about your county towns.
1t becomes necessary, therefore, In order to
get a jury, to 90 70 distant points, where the
facts are not known, and in so doing, 1t falls
upon that class Of persons whose means are
limited for those Rho work for a living have
not time to waste in lettering about county
towns, or riding through the neighborhood to
gather up news. They are, therefore, sought
for, exclusively, to try criminal cases thus 10
is they are summoned TO leave their families
and their crops, Frequently at TIE busiest sea-
son Of the year, (under penalty Of a hne,) TO
attend day after day, and court after court, to
try some casa in which they are 10 more in
terested than other members OF society. Ad-
ded to this, he has to feed himself and horse
at his own expense. Now, sir, If they are
forced to sacrifice their time and business for
the public good, ought not the public, which
receives protection thrsagh them, be willing 10
pay at least 3 partof these expenses? Yet all
the while the regular panel, who make no
greater sacrifice, gets ample compensation. Is
il right2 Is it Just thar such discrimination
be made, or partially shown ? Nor can any
good reason be shown when We come to con-
trast the relative Importance Of maintaining
the civil or the criminal laws. The civil law
pertains to cases contra-distinguished from
criminal cases. The criminal laws shield your
life from the assassin, your property from
thieves, and the fair name Of your daughters
from the unvirtuoIs. This, SIT, Is another res-
son why / think this class Of Jurors should not
be made an exception to the general law Of
compensation which applies to all other SER
wants Of the public except these. Then, sir,
if they are men of more humble fortune, and
are the guardians Of the law which protects
your life, your property, and your virtue, why
should they, under penalty of a hne, be forced
from their homes at their v expense, while
other jurors Of more ample means are fully
compensatory This, sir, seems to me, is not
the equality Of which the American people
boast. What excuse is offered for IL?
Honorable gentlemen say it would bankrupt
the State. To admit that, is to acknowledge
the Government to be only partially ~self-sus-
tanning. 1t is to admit that we are in favor Of
class legislation Here are two Juries divided
into two classes. Each nan is Invested with
equal sovereignty, and entitled TO equal pro-
lection each summoned under penalty Of a
hne, one class has it's expenses paid, the other
pays its own expenses. Is this notfaVoritism ?
Is it not class legislation Then, Mr.. Speaker,
If the wealth Of the county cannot afford to
pay this class Of jurors, | say it would be a
more equitable plan to create a Jury fund, and
distribute it, giving each juror OF all classes,
bis " prO-rata" share, and thereby maintain
the great American harscteTistic-equal ben
ehts and equal burtheus. But we are told
again, that the patriotism OF this class Of
jurors should prompt them to serve the public.
Sir, while ! am prepared to admit that genuine
patriotism is to be found alone among the
tillers Of the soil and the workshops Of the
country, | doubt The wisdom Of laying a tax.
upon it to support the government. II this
principle is to be the basis of compensation,
why not apply it to all public fanctionaries?
Do not credit one class with dollars and cents
and another with love of country. Love Of
country wont feed a hungry man nor shelter
his wife and children. Abolish all considera-
ton Of money from your Governor down to
constable put all upon an equality let the
country see in which class the patriotism Of
the nation is to be found, I dsresay, the State
would soon be without an Executive, the Cap
itol without a Legislature, and your counties
without sheTIfs or magistrates. Yes, sir, gen
tlemen say that these officials should be COM
pensaled in money, but criminal Jurors. who in
this sovereign capacity are peers Of the highest
dignity OF the land, should work from patriot
ism. The practical effect Of the whole sys-
tenn is to bring labor aud wealth in agtago-
nisu.
Why, sir, I will tell you why. Honorable
gentlemen with whom | have conversed say
that to pay this class Of Jurors would require a
tax which the country could net bear. Tbs
sr, only shows what this class have 70 suffer.
Here is an amount Of service rendered, which,
if paid for, even at a low price, would be more
than the whole community could bear ; vet, BY
not paying for it, you force one-ffth Of the
.7dMc community " &c All DIaAlA tlNdt
who leave the piough-handle and workshops
pay it all, as they now do, or should not the
wealth Of the lsnd which receives protection
according to value, help TO pay. Thus we have
wealth and labor at war. IL will ever be 90
until all are willing not only to receive prOtec-
ton according to their means, but to bear the
burthens OF government according to protection.
But do not gentlemen ~exaggerate as to the in
cre~ased-expense it win bring? Let us examine.
Ia the hrst place, the sheriff, getting a fee.
goes to work to make a fortune By summoning
twice as many as he ought to. In the next
place, the judge being careless or indifferent,
will have these men at the Court House two or
three days before the case is reached on the
docket, and then upon come mere pretext by
those who wish to evade the end Of the Law, he
will permit these cases 10 be deferred from
court 10 court, and year to year. But, air, I
propose TO put an end to all this iaxity and in
differences. Make all classes Of the community
feel the burthon Of these expenses, and YOU get
up a public sentiment which would read these
careless officials a lesson that would bring them