New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-06-15
TRIAL By JURY AS TO TIE JUROR.

TRIAL BY JURY As TO TIE JUkOk
England by her great charter secured t
every Englishman trial by jury as tn
"grand bulwark of his liberties" Thi'
| high sounding phrase meant more than ]
would mean in our age and country, be
cause all crimes, saving petty ones, wer'
capital and were punished by death; and
hence, by 'shis liberties" is chiefly denoted
his life. This sbulwark" was interposei
against the privileged classes, as to whom
every English yoeman's home was castle
over whose Threshold no unwelcome foo
trod. But to the American these are
figures of speech. With none to do WRONG
to the sovereign citizen, and with safe
| guards in forms of written law that ignore
all immunity and exclusiveness, what call
can arise for foreign "bulwarks" in the ad-
ministration of justice or for any of the
machinery of the English law originating
centuries ago, when the individual rights
| of the poor man were always at hazard
from the insolence and audacity that were
the lawful heritage of the "better classes
In that lay the need of jury trial. The
juror found in jury duty his protection
from these, and it became his pride and
compensation. His love of country had
its roots in the great charter whence
sprang his guarantees of life, liberty and
honor, and every man accused of crime,
found in him, perhaps just, but always a
merciful judge. 1t was not duty, but a
prerogative of Englishmen; an exercise Of
vigilance as the price of liberty; deposit
of his birLhright in his own keeping. He
became an actual party in the case, for
feiting home and business and bending all
his energies to his task. What juror in
our courts feels any appreciation of the
value of the privilege accorded to
the accused of being tried by
twelve incompetent and useless judges?
Such trial to him is simply an unspeakable
bore, exciting neither sympathy nor in
terest in his mind. He sees the injury Of
being taken from his business to do that
for which he has neither inclination nor
capacity; he ridicules the absurdity of be-
ing called into. a public court to do work
which he has to be instructed how to do
by the presiding judge, who is himself
the only one ready, able, qualified and
willing to do it. The sublime privilege of
sitting on jury thinking of ones own
affairs, while, by careless or unjust find
ing, giving away the life or fortune of
another, is painfully withheld from the
alien. Being permitted to do such work
so unwisely, is the reward of citizen
ship; and hence naturalization must
precede the ceremony, as major.
domo with his potent ak, removing
The disability by hacking off the tree of
his natural allegiance at its trunk. 1t is a
remarkable fact that thousands of aliens |
ire satisfied to sacrifice the duties of citi- |
.enship, such as FIRE, military and jury du-
,ies, and confne themselves to the uncon-
1itional enjoyment Of its privileges alone.
The precipitate Irishmau always goes to |
he front, but show US the naturalization
papers of the other bower of England
he Scotchman. Count those on the pam
lis in any of our courts, aud see how few |
igures will be required to express the |
;otal. Let jury duty be removed by legis-
alive fat, and large and most intelli- |
sept class of aliens will at once accept |
|