New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-06-02
JURY TRIAL IN ITS RELATION TO Ao-

CUSED.
We have suggested that jury trial IS per
Sc violation of the foundation principle
of republicanism, because it is the child OF
caste, oppression and exclusive privilege.
1t never had any single property congenlai
to the spirit of our government; it Is hence
against the people, because inconsistent
with their elementary laws. Juries are
not elected by the public voice, but are
incident to chahge-turned up as floats on
the political stream, constituted without
reference to qualifications, and often the
work of chicanery-never of an enlightened
discretion. Judges, on the other hand,
are direct creations of the ballot, taken
fresh from the schools Of learning, selected
for repute, and when chosen exalted to an
eminence where minds capable as they
will watch them as Argus, and rule them
to their responsibilities by means OF
public press, public forum and public
legislation.
The vital principle of jury trial lies in
the right OF every man accused to be tried
by his peers. The vital principle of re-
publicanism il that all men are his peers.
If then its courts, as constituted, are pre-
sided over by those who are peers only OF
the most abject prisoner, what need has he
for other and unfit peers to try him ?
The accused, if guilty, would find in such
complication opportunities for escape; but
if innocent, and he needs only jastice-as
only the wrongly accused. do-they who
are qualified by natural gifts, by profess
sional training, moral rectitude and off,
cial responsibility constitute his proper
court. By his choice he would submit it
to no other. And it is he, the innocent
man, around whom the safeguards Of
legislation should be planted. Better that
ninety.nine guilty should escape, saith the
English jury law, than that he should be
condemned. In respect to the guilty, law
has but to combat the doubt and reduce
it, in the exercise of recognized principles,
to certainty. After, bis rights are circum-
scribed within the sphere Of penalty and
are beyond the line ofjury functions.
What SO much makes crime as the
promise of impunity? Give assurance of
this by means Of bad laws or bad admins
traitors, and who shall measure the in
crease over that resulting from opposite
conditions? In good measures there is
in good men cure; but when
both are bad, let the people take it to
heart, for in large communities it is ap-
paRing, and they should cut deep and
speedily, not looping branches, but exca-
waiting roots. The mos. tenacious, gnarled
and deepest of these is jury trial. Be
Republican and Democratic
liggers alike, and with ballot in hand
work together-the spade is trump. AS
we believe, none would now estimate any
approach to realization in the reduction of
criminals and decrease of crime conse-
luent upon roofing it out of our system
rs the noXiOus exotic that it is.
Think of the inevitable thrift of felony, |
wherever bad men abide, under a system
hat requires twelve men to agree upon
he fact of guilt, not one of whom is !
Known in advance, nor indeed required.
o be either honest or capable while one |
If these not concurring sets at large, in |
most cases, the guilty accused to commit
,ther depredations. 1t is an important |
nd, indeed, vital consideration that one |
lot guilty need stand in no fear of capacity |
veil tried and honesty long assured. So
bat while acquittal now signifies luck, it
would then become credential of char
cter, and be of avail to him falsely
harged. Weak government is trying to
weak men inclined to wrong, and bad
avs make bad citizens.
These, we take it, are some of the rela-
ions of jury trial to prisoners which call
oudly in their behalf for the expurgation
f all provisions from the constitution and
lws that support it, and for the total ex-
notion of the jury box.
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