Lamoille newsdealer. [volume] (Hyde Park, Vt.) 1860-1877, 1870-05-24
Miscellany.
From Putnam's Magazine.
Trial by Jury.


tutions of many, if not all, of the ind
vidual States, it is secured to all persons
charged with crime, and to a very large
class of civil causes.
But the origin and nature of the insti-
tuition, with its practical workings as ar
instrument in the administration Of justice,
are. not generally known or thought of a.
mong the intelligent and respectable class
of citizens who are oftenest called upon to
sit in the capacity Of jurors. The feeling
that it is one of the most effective safe
guards against aggressions of centralized
power, together with rich experience of
its salutary influence in times Of local or
or national political excitement has brought
both Briton and American to cling to it
with uncommon tcnacity. The English
man and American have thus learned to
regard it as thing too sacred to be tam
percd with, and hence, to view every sug-
gestion for its modification with the keen
est jealousy.
If We regard the trial by jury merely
as political institution, it undoubtedly
deserves the econium of De Tocqueyille,
who, speaking of it in that character,
says HE who Furnishes infractions Of
the law is the real master of society,"
Now the institution of the jury raises the
people itself, or at least class of citizens,
to the bench of judicial authority. The
institution Of the jury consequently in
vests the people, or at least that class O
citizens, with the direction of society
The system of the jury as it is un
derstood in America appears to me to bC
as direct and extreme a consequence o
the sovereignty Of the people as universe
suffrage, The institutions are two instu
ments Of equal power, which contribute tt
the supremacy Of the majority"
We repeat that this high praise of tria
by jury as political safeguard is just
for there has never been invented anothe
such protection of the life and property o
the citizen against the scrvle judge of
tyrannical government. 1t disposes o
the cause of the patriot by the sympathet
ic Judgment of twelve of his peers. The
know the wants, the desires, and the hope
of the masses; they partake of them, ant
guard it as you will, in the end they vii
reflect the popular feeling. Their verde
will be the verdict of the populacc.
But however favorably it may operat
for the commonwealth in cases of grea
and general public interest land in thi
category we may include all prosecution
for crime), it needs no argument to shov
that neighborhood prejudices and sympa
thies will not always, nor oftener than not
qualify jurors to make up satisfactor
verdict in matters of prirate difference
Indeed, the same susceptibility whic
renders the jury the palladium of our lii
critics may in majority of cioa cause
entirely disqualify them from rendering
carefully ly-considered and thoroughly-im
partial verdict.
This brings us to our main purpose
namely, to point out some of the defect
of trial by jury as judicial institution
Upon this ground the distinguished author
whom we have already quoted, admits tina
its utility might fairly be contested. Ney
ertheless, he is an advocate of trial b
Jury in both civil and criminal causes
'For my own part" says he, Il had ratf
submit the decision of case to ignorar
Jurors directed by skilful judge, than
judges, majority of whom are imperfeci
y acquainted with jurisprudence and wit
the laws eau.f -Hf.r.s e.d la.
lie would have better expressed tn
preference of very large number ,
American lawyers, had he written g
would rather submit to the judgment {
single skilful judge, in a cica cans'
than to the verdict of twelve ignorant j.
rors, who being unaccustomed to the al
phcation of the rules of evidence, an
without experience in analyzing, arranl
ing and combining masses Of intricate an
conflicting testimony, arc made the VII
Tins Of their sympathy and impulse, an
! moulded by the skilful advocate, as ella
in the hand Of the potter" yov dl
In the trial of civil causes, the obje'
tion to single judge is not felt to be
{. forcible as in criminal trials. 1t vel
rarely happens that the controversies
private individuals are such as to temI
the integrity of the judge who is usual
discerning man, practiced in sitting d
true from the false, and accustomed