The national Republican., 1869-01-29
sHOrLD THE MAJORITY THEORY
NE ADORTEDr

BE ADOfTEDg
We notice that several OF our oontemport.
ries in different parts Of the country are ad.
voeating the Incorporation OF the majority
theory Into our system Of jury trials.
We can see no good reason why two thirds
or three fourths OF the members Of a jury
should not be competent to decide cases,
and to render verdiets. II seems to us that
this theory reduced to practice will tend to
secure and promote the ends Of justice. We
observe that bill has been introduced into
the Illinois Legislature to secure this object.
The State OF Nevada several years ago
adopted this majority theory, and It Is now
ia practice there In all civil trials, and We
think in some other cases. II 10 thercfoIe Q
settled in that State that the verdict Of nine
men shall have the same effect as unanimous
aueement req uired from uries In other States.
Everybody knows how liable II may be 10
and in a jury Of twelve men one stubborn in
dlvidual, or perhaps one man who may be
corrupted or bribcd. II not unfrequently hap.
pens that great criminals, the evidences oil
whose guilt are as plain and conclusive as II
10 possible to eoneeivej persons the testimony
to whose crimes is overwhelming, escape all
puuishment, because one man on the jury 10
stubborn or peradventure bribed.
In some localities the fact Is notorious that
harden williams OF every description do NOT
hesitate to commit fragrant crimes, knowing
as they do how easy II is to get one man upon
the Jury who may be induced to connive at
their escape. In this way hundreds OF seoun.
drels escape every year about whose guilt
such Is the testimony-no one has a shadow
OF doubt
II the majority theory or the three fourths
or two thirds principle were adopted II would
put an end to much OF this. Besides, the ma
jority rule Is the theory upon which we Ad.
minister the Government. We can impeach
and remove the President of the United
States, as also many other officers and men in
judicial and high positions by a two.thirds
vote. 10 the Supreme Court OF the United
States a decision OF a majority of the judgei
10 the law, and for all cases thus decided
there is no appeal. We know that a two.
thirds vote In our national legislature over
rides the Presidential vetoi and 60 indeed II
this the case In our State Legislatures. Bill
thus passed become the law without the sig
nature of the President OF the United States
and In the States 1t Is the same, though the
Governors withhold their approval.
Why not apply the same rule to jurieLi Why
perpetuate this anomaly in respect to Jurie,
while the theory OF our Government and the
practice In all other departments is the other
way.
Away back In the history OF the world, 10
Greece and Rome, in the Scandinavian and Teu
tonic nations, they had councils or bodies oi
men whose duties were the same as those per
formed BY our juries, and the decisions and
yerdiets rendered by these bodies were deter.
mined by the majority. Shall we, In this
nineteenth century, be less liberal than the
Ancientsi
1t may not be amiss to inquire II the time
has not come when those who make our laws
should consider and act upon this matter.