Fayetteville observer. [volume] (Fayetteville, Tenn.) 1850-1966, 1859-02-03
TRIAL BY jury.
EorMe Fayetteville Observer.

'~A " J"y hofC hO
time Tor an elaborate essay on the
subject. but as a citizen of the coun.
try amenable to its laws, l have
right to know both who shall sit as
Jurors upon my destiny if accused of
a high crime, and to whom l shall
look for justice if my person or prop.
erty is molested by lawless despera-
does. | have mo- quarrel with the
laws or Justice Of the courts (only
that trials are Of too long duration.
and the statutes too strongly spiced
with dog latin) in mere cases of civil
rights, or such matters as affect only
the purse. Nor is it probable that |
would find fault with the existing state
of things if had committed some
high crime, since things are now as
favorable to the interests Of rascals as
they well could be. But / have
right to complain Of the laws or prac-
7 lice of the courts, or whatever it is,
that tries villains accused Of high
crime by jury Of villains instead Of
honest men. Pity that l was not
lawyer enough to locate or bay the
lion evil in its lair, for then | could
pour out the seven vials OF my wrath
upon the offender-which would at
least mitigate the fury of pent-up
rage, and direct pablo attention to
where more scrutinizing eyes might
scotch the foster-mother Of crime and
dog it out of the world. But so it is.
/ know that civil society has the
right Of self protection, and that
criminals are too often tried by a
jury Of their peers-which is an abuse
! of the right, deserving the exeeration
lof all good citizens, and which they
should sit about correcting in legiti-
mate way. The maddest fool in the
country will not pretend that man is
not a competent juror to try bur-
glar (for example) unless himself We're
.one-a murderer, unless he we're one,
or a kiduappeI unless himself were
one; and how does it come that either
the laws or the justice of the courts.
OF the meddling of attorneys, or some
thing else, takes exception to almost
every juror the sheriff may have
summoned, who is not known to be
one of a piece with the criminal, II
the fault belongs to the laws, it is
high time the General Assembly take
such action as the necessities Of the
case demand-or vigilance Commit
ties" or irresponsible mobs'' will
take the matter into their own hands
and mete out even-handed justice to
those who go unVhipped Of their de-
, serts at the hands Of the law. i
t. the fault belongs to the justice of The
courts, we have a right to demand
J such protection from the hands OF out
laws as faithful administration Of Tx
# laws afford, OF remove them and sup
e ply their place by those who will
e Or il the ftult be attributable TO th'
: manoeuverings Of barristers, it woult
r be infinitely better 10 expatriate tht
q whole profession to some Island Il
r. prey upon each other, than to have
II society the deieBceless victim oil
g set of lawless desperadoes. Some
= body knows where the screw is Loose
!. and it is devoutly hoped that know
s ing ones will point out the source O
e the mischief, that an intelligent com
munity may go to work to correc
; tor the late scenes witnessed il
Il New Orleans and Pontotoc. Mississip
y lpi, may be enacted again among cu
It citizens, Good men and true honest
: ly believe that good citizens hav'
= more to fear from the abuse Of th'
y right of trial by jury than the veries
is pests Of society. Readers, this RICH
% of freemen cost infinitely too mucl
q to be thrown away just to save a feV
poor wretches from the doom thei
4 crimes have brought upon them
W Let us not be more merciful to those