The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1858-11-16

We took occasion, some time since, to allude
TO the existence among US of class of worthy
citizens, whose profession and principal occu-
patton it is, to Jurors, and who are handed
down, from term to term and from Sheriff tc
Sheriff, as a sort of judicial enjoying,
in effect the life-enure, which the sensitive repub-
licansm of our present constitution denies to the
Judges themselves. 1t would be great mistake
to suppose that the prosperous business and con-
slant employment of the worthy persons in ques-
ton is altogether the result of their own patriotic
anxiety to serve the public, Of the facility or
negligence or oversight of the summoning officers.
On the contrary we are satisfied that it is atribu-
table, in q far greater degree to the unwllingness
of the citizens generally, to encounter the annoy
ance and restraint of Jury service, and withdraw
themselves, for a short PERIOD from their pri-
vate occupations and interests, in the discharge of
a high and imperative public duty. 1t is the
experience of every Sheriff, who enters upon his
Office with the desire and determination to fulfil
his ohligatons--as are quite sure is the case
with the present incumbent-that the best men in
the community are as class, the most unwilling
TO aid him in doing so, by responding to his sum-
mons as jurors, and that every excuse is offered
and every influence applied, which can aid them
in escaping what they regard as SIN onerous and
unpleasant responsibility. The evil, which is q
serious one in its effect upon the whole adminisra-
ton ofustice, is ola peculiarly unhappy tendency,
as it regards the execution of the criminal law.
Every difficulty which obstructs the procurement
of proper Jurors for the civil tribunals is inter-
posed, with tenfod e1rnestness where the Criminal
Court is concerned, and not only are opinions
'formed and expressed for the direct purpose of
escaping successful summons in special cases, but
every technical excuse and personal appliance is
resorted to, in order to evade the duties of the
regular panel The result is, that the lives and
liberties of men, upon the one hand, and the pro-
lection of the community, upon the other, from
the aggravated atrocities which beset it, are con-
stantly entrusted to persons, who, however re-
spectacle and well-meaning they may be, do not
inspire the public with that confidence, which
ought TO be felt, above all things in the admins
tration of the laws which punish crime.
1t is no doubt true that the duties of Juror,
in criminal cases, are far from agreeable. The
responsibility, the confinement, the crowded
chamber and unwholesome atmosphere-the ex-
citement, and the wear and tear of mind and feel
lng-are all oppressive enough, apart from the
circumstances surrounding the particular tribunal
which certainly do not render them less so.
But the work, nevertheless, must be done, and
the responsibility and annoyance encountered by
somebody, and if those whose business and pro-
pertv give them the largest stake in the commu-
nifty and whose intelligence and character qualify
them best to take share in the popular depart
ments OF our judicial system will shrink from or
transfer their duties and responsibilities, they GER
tainly have no right to complain of the evils to
which they open the door. Under the existing
Constitution, which makes the Juries Judges Of
law and fact in criminal cases. the necessity for
higher intellectual and moral qualifications in the
Jury-box, than BEFORE is quite obyious. and if
with that increased necessity the indisposition to
supply 1t should go on increasing, as it has done
for some years past we need look no farther for a
sufficient reason why the laws and their admins
tration must fall into contempt. Truism as il
may bet seems, nevertheless, TO be forgotten
by thousands, from whom better things should be
expected, that the blessings of a free government
only be attained by self-sacri6cinp discharge
of the duties of citizenship, and that no man has
right to stand, apart in selfish isolation. deriving
benefits from Commonwealth to which he does
not render yeoman service. 1t is, of course,
very pleasant TO sit under our own vine and flo
tree, with no man 10 make us afraid. and with
somebody else to take the responsibility and labor
of keeping terror and wrong away from us. It is.
doubtless very agreeable to prosecute our own
business, and make and enjoy our own money,
while other people take care of the institutions
which give security to our fortunes 1t is very
prudent to hold our tongues while other people
Dear the responsibility of denouncing and undergo
the labor of redressing grievances, from whose re-
moval we shall derive even more benefit than
they. 1t is very moral and edifying, and "con-
SENTATIVE" TO shake our heads at abuses which
we Will not lift a hand or a voice to cure, and
lament over the wickedness of a generation, which
We will not take the trouble to teach, or TO re-
form, or to punish. But pleasant, and prudent,
and profitable, and conservative as it may be
-snch view Of the relation of individuals to the
system under which they live, is wanting in
every robust element of republican citizenship and
manly patriotism. 1t is sordid, and. not respect
aoie. 1t is the unerring indication of social and
political condition, which all history shows us to
have preceded and foreshadowed the DEGRADATION
and downfall of republican institutions sa.4i
q When men begin to think that the machine Of