Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1870-02-03
Trial by Jury.

,,;tnt;on of the United States and the
ss'nstir,tions of many, if not all, of the
:Vnvd;r;dual states, it is secured to all persons
i'haroed with crime, and to a very large
oVs. of civil causes. But the origin and
s INA Of the institution, with its prac|
.;,ol workings as an instrument in the
oJ,;nistration of justice, are not gener>
ouy known or thought of among the in>
Invent and respectable class of citizens
'vbo are oftenest called upon to sit in tho
canacity of jurors. The feeling that it
= ane of the most effective safeguards
arainst agrressions of centralized power,
,.setber with rich experience of its
soIntary influence in times of local or
notonal political excitement, has brought
hath Bfiton and American to cling to it
with uncommon tenacity, The English.
man and American have thus learned to
regard it as thing too sacred to be tam>
ncred with, and hence, to view every
s,ccestion for its modification with the
keenest Jealousy
If we regard the trial by jury merely
40 a politicaJ institution, it undoubtedly
deserves the encomium Of DeTocquevile.
who, speaking of it in that character,
saws: He who Furnishes infractions of
tbe law is the real master of society
Now the institution Of a jury raises the
paople itself, or at least u class of citi>
4en:, to the bench of judicial authority.
The institution Of the jury consequently
invests the people, or at least that class
of citizens, with the direction of society.
The system Of the jury as it IS
understood in America appears TO me to
he as direct and extreme a consequence
Of the sovereignty of the people as uni-
yersal suffrage These institutions are
two instruments of equal power, which
contribute to the supremacy of the ma
jority.0
We repeat that this high praise of
trial by jury as political safeguard is
lust, for there never has been invented
another such protection of the life and
property OF the citizen against the SER
\ vile Judge ef a tyranhical government
1t disposes Of the cause of the patriot
4 by the sympathetic judgment of twelve
\ Of his peers, They know the wants, the
\ desires, and the hopes Of the masses;
4 they partake of them, and guard it as
YOU will, in the end they will reflect the
\ popular feeling. Their verdict will be
the verdict of the populace.
! But however favorably it may operate
Cor the commonwealth in cases of great
and general public interest and in this
category we may include all prosecutions
for crime,) it needs no argument to show
that neghborhood preiudices and sympa-
theS will net always, nor oftener than
not, qualify jurors to make up satisfac-
tory verdict in matters of priuate differ.
ence Indeed, the same susceptibility
which renders the jury the palladium of
our liberties may, in a majority Of civil
causes, eatirely disqualfy them from
-end, ticg carefully-considered and
thor6Ggh Iy.impartial verdict.
This brings US to our main purpose,
namely to point out some Of the defects
Of triad by jury as judicial institution.
tpoa this ground the distinguished au>
thor whom we have already quoted, adj
ms that its utility might fairly be con-
tested Nevertheless, he is an advocate
Of trial by jury in both civil and crimi>
nal causes. I" For my own part, says he,
had rather submit the decision of a
case to ignorant jurors directed by
skIliul judge, than to judges, majority
Of whom are imperlectly acquainted with
Jurisprudence and with the laws" lie
would have better expressed the prefer,
Snce OF very large number of American
a"yers had he written: +" | would rather
tnJmit to the judgment Of single skis
lI Judge, IN cirU cause, than to the
trdct Of twelve ignorant jurors, who
eng unacquainted with the application
the rules Of evidence and without ex-
FIence IN Analysing, arranging and
VhJlnlng masses of intricate and per-
n APPS conflicting testimony, are made the
IctIms of their sympathy and impulse,
md moulded by the skilful advocate, as
MY IN the hands of the potter
IN the trial of civil causes, the obiec,
0a % single judge is not felt to be so
relOle as in criminal trials. 1t very
'!'y happens that the controversies Of
"a'e individuals are such as to tempt
integrity of the judge, who is usually
uscernlng man, practiced in sitting the
H. from the false, and accustomed to
unS the rights of parties by the cold,
l'1Iole standards Of the law. If such
ulse may direct" or control the ver-
y Of a jury, there is no good reason
]! ne may not himself decide the cause
ouce IN those cases where the public
eFeS' is at stake. Nay, there are ap-
rent many reasons why it were better
for example, jurors, if not always
,o'aot, are at least generally unaccus-
Iiyu TO performing judicial functions,
~e as unframed for and unskilled
MAY Slnd of labor as the Judge who
asc's them is in building steam en-.
w., " Now, there is no appropriateness
TAlng men from every walk of life to
o'u'' without previous training, one