New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-02-19
UNaNIMuTY OF JURIEs.


Of an alteration in the Common Law, which re-
quires the unanimity Of juries in civil cases The
di.agree cement nuisance is not unlikely to lead to
some change of this kind in England as well as
here. Lord Campbell the Lord Chief Justice oil
England, on recent occasion, intimated his own
conviction that come such modification of the
old law was indispensable to the proper ad-
ministration of justice on the civil side. Aud
when funcsionary of his eminence, Lord Chief
Justice and an octogensrian, can contemplate the
possibility of .uch an innovation on the ancient Gus
toms of England, We may be sure that it is tign
of great body of public and professional opinion
standing behind him. Lord Eldon would have had
no doubts upon such monstrous proposition, and
if Lord Peterborough had not died of the acquittsl
of Hone, he could hardly have survived such a
shock as that suggestion would hsye been. But the
fashion of juries standing out with reason or with
out, in England as well as here, must lead, sooner
or later to some invention for remedyiDg the sub
stantia Injustice of endless new trials.
In the good old times, Judges had the Juries
very much in their own hands. If they did not
agree they were locked up without fire or candle
until they were starved with cold and hunger
into oneness of spirit There has been no change
in the law we believe, as to this matter; but the
public opinion of England would not endure its en-
forcement. But, on the very occasion. we think
it was, when Lord Campbell let fall this obier die.
tpm, he sent ont Jury twice, and locked it up all
night, after it had agreed on the ground that their
verdict was against law and evidence. This, how
ever, is an improvement on the practice when Re-
corder Howell kept the Jury out two nights for
bringing in special verdict in the case OF William
Penn and Mead, finally fning them for acqulttiDg
the prisoners, and committing them to Newgate
for non.psyment. As recourse to this wholesome
rigor, or anything approaching it, is not to be
looked for, there seems TO be no remedy but the
permission of a majority to decide civil questions,
against the growing mischief of disagreement, and
we imsgine there would be no reason to complain
of such change operating uufavorably to the ends
Of Justice.
In criminal cases il is otherwise; and we do not
believe that the English people will ever consent to
relrqui.h this safeguard of their rights. In po-
Itical cases. particularly, it is of vital importance
to give each juror an absolute responsibility for tho
result. 1t is even more essential in this country,
and especially in the Courts of the United States,
than in England. There, as soon as a man ascend'
the bench, he leaves his political passions behind
him; and an English Judge is as near the person..
6cation Of absolute justice as human nature iscaps
bic Of. In our United States Courts, on the other
hand, the demsgogue or the parasite is scarcely
hidden by the silk gown. He is put there as re-
ward for political services-sometmes very dirty
es-and it 10 bis business 10 show his gratitude
and his fidelity to the power that made him. And,
besides, our National Judges are withdrawn for
political promotion, as those Of the mother country
bench that does not contemplate the possibility of
his stepping, some fine fourth of March, from the
Court room to the White House. With the facility
of packing jures by the Marshal and the assistance
readily given to him in open Court, nothing but
absolute unanimity can give political victims
chance. Nothing else defeated the Slave Power
in it's onslaught on Boston after the Shadrsch and
Burns cases, and nothing else will save the Ohio
cuprits from condign punishment for the humanity
of which they were guilty, agaius! the peace and
dignity Of the United States.
But, as that change can hardly be made without
change Of the Constitution-unless, indeed, the
Court it,ef should hold that the clause securing
the trial BY jury did not take all control from the
law-making power-we need not concern our.
selves about that yet But in ell ordinary cases
OF crime, there is no difficulty in obtaining convic-
tons, which ought to be had. And the principle
of unanimity should be held sacred for the protec.
ton Of those dubious cases in which it is better
that guilty man should escape than that man
whose innocence is not improbable, should suffer.
The good and the evil of this plan has been long
exempl6ed in the administration Of justice in
Scotland, where majority has always decided on
the verdict. We do not know that any serious
objection has been found TO its workings in civil
cases, while in political ones, we cannot recall a
single instance of an acquittal there Of prisoner
whom the Government were bent on condemning
That come change is necessary in this regard, can
hardly be doubted by any one who has watched
the daily history Of our Courts, and seen how often
justice has been delayed, where delay amounts to
denial through the prejudces or the pig hesdedness
ofrecactrantj jurors. And while tho public mind is
revolving this matter, it may a. well take into con-
sideration what can be done to curb the judicial
icertiousness in granting new trials and stop tho
game Of what our judges are 10 fond Of check