New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-05-25
TRIAL, BY JURY,


One by one the old forms of government
give way to new, but the conservative ele-
ment is always powerful and renders pro-
gfess slow. Preiudices and superstitions,
and more than these, our lack OF due
thought, hold us to the past. Men cling
without reflection to immemorlal usage,
because it is immemorial. Thus it is that
in the administration Of justice we are
still tied to the ceremony of trial By jury
great blessing in its day, and to any
people to whom it was necessary--Where
class arrayed against class, made it indis-
pensable to the security of the rights OF
each. We preserve its form while the
mind, with its superstition abated, realizes
none of the awful solemnity that in the
old time surrounded the occasion. Specta-
tors attend trial by jury as a theatre of
entertainment, the play being always
sensational. They hear the eloquence,'
and when it conqueIs public justice they
applaud, while the interesting hero of the
drama is envied for his opportunity OF
note. There is no dread Of the event,
nor awe of the means, nor sense Of the
responsibility that of right belonR to the
ceremony, nor, at last-justice.
Two hundred years ago a ju,ist of great
reputation said that, Through the pune
tuality required by law in the trial of
causes by jury therelis as much as art and
conscience can contrive against corruption
and in favor of right, liberty, life and
reputation, and the greatest criminals
have privileges of which they can not be
debarred." But art has relaxed its vigor
and cons cience its hostility TO corruption
in jury trials now, while the privileges Of
criminals are greatly enlarged, having be-
come absolute immunities. As the penal
ties of crime have diminished in severity,
the chances of conviction are abrid ged.
When larceny was capital crime the pri-
soner would receive what the law called
justice with some certainty, but now his
chances for escape are multiplied as the
severity of the. penalty is reduced. Lax
morals and coIsciences emancipated
from educational fear, seeming leniency
that is not expensive, and indifference 70
the public safety have wrought the
change; then, crowning all, the need of
any resp onsibiliy beyond that, of the
hour attaching to juries.
There never was reasonable cause for
the intr oduction of trial by jury in our
country, where all men are politically
equal, there being no caste or entailed
privileges. For almost century Ameri-
cans have been burdened with this hurtful
and expensive ceremony without reason
or excuse; and we are to-day behind other
governments in constituting juries, disre-
garding, as we do, the very foundation
principle of our Republic. In France,
nine Jurors convict; in some parts of
Great Britain, and in other countries,
majority. While we have simply the old
English jury trial without its efficiency.
Therefore let us have no modification of
the jury system-away with it root and
branch. Judges have lifelong response
bilities in all they judicially do,with honor,
cons cience, reputation, at stake. With
these, the restraints of law and the authori-
ty of the people have chance of being
imposed. They are lifted beyond the in
fuences of the moment or the cause
while the juror is incident to both. Let
us have criminal court, of three or more
competent Judges, with the right of ap-
peal to the Supreme Court, upon ques-
lions of both lew and fact, for the accused.
The judi ciary in Louisiana needs to be
strengt hened and sustained against the
increasing desires Of men to be free
wholly from the restraints of law and au-
thority. Happy will be the day when
such freedom shall be deserved-when
every man shall wear the ermine for him
self, as many already do, and act toward
others as he would have them do to him.
But until then let the Judicial power be
strengthened by every means-by liberal
compensation: by high talents, by increas-
ed numbers of Judges; by every auxiliary
needful or appropriate to give dignity to
its position, strength TO its arm and in
fuenna To If, mama