Semi-weekly Louisianian. [volume] (New Orleans, La.) 1871-1872, 1871-06-11
JURIES.

The Grand jury system is receive
ing throughout the country adverse
criticism. We trust that this gen.
eral attention, given to q very inn
portant iubject, viii ultimate in nd
ding Us of q secret tribunal ~ unre:
publican as it sarbitrary and irres-
ponsible. And in this connection
it may be well to say a word about
other juriea
Is it not likely that trained minds
and professional men would more
easily, and therefore more probably,
reach just conclusions. and render
more righteous verdicts, than would
twelve men, half of whom have to
lie to get on the jury, as they do
when they say they have formed
no opinion, while the other half have
to lie themselves, off as they must,
when one man can coerce eleven
into o verdict because they are
hungry or sleepy, or kept from bust
ness!
A Judicial writer in one Of the
California papers puts the case in
such clear light that we make no
apology for quoting o portion of
his argument, which in elucidating
an import subject from a legal
standpoint sets forth also the com
mon sense view Of the subject:
"That the t,ansgressor is account
able to the law rather than the
person injured, is the principle re-
cognized among civilized nations,
and in obedience to this principle,
thousands suffer wrong every day
without resorting to violence, who,
} in q barbarous community would be
despised as infamous towards for
doing so. But granting that if ap-
Piled to certain cases not to be
reached by law, the right of revenge
} may be a wholesome remedy for
evil, is the jury room o proper city
of refuge for the avenger? Are
Jurors to be called on to violate
their oaths in these special cases
and dispense with the laws9 The
true course is obvious As there il
lodged somewhere in every society
. a power of pardoning those whom
, the law must pronounce criminal
to it the appeal lies, and not to ju'
rors, who are not above the law, mol
makers of the law, but minister's o.
the law whcthether they approve il
or not. It is certain, however, tina
Z they will enforce it only when il
meets their appreciation, and thai
they judge each case with reference
to its special circumstances and witt
no reference to any constant rule, ant
with view to ascertain the degret
of moral and not Of legal guilt
Playing fast and loose with thu
5 criminal law in this manner deprive.
it of half its terrors to bad mon IN,
half its protection to good men.
An old custom which has survives
its usefulness and turned to be NJ
inconvenience, ike that Of givin:
ladies the wal a century after tn
invention of side walks, will Away
be parted with reluctantly. Tn
jury system brings us back to tn
times wien law was not reduced t,
q system, and it did not matte
whether or not juries could system
atically administer justice, for it die
l. not matter whether or not, the heat
of the law, the Chancellor Of Eng
lind, was himself q lawyer. !
u brings MS back to the times whel
: judges were approached by sutton
u with hat in one hand and q brib
= in the other. To earlier times whel
e society was divided into ecclesiasticf
b warriors and laborers Now, wha
. was the original purpose of thi
u primitive continuance, and does
still answer that purpose? It wa
meant as check on corrupt judge
and on irresponsible power. 1t ha'
" q Protestant meaning. It existe'
n as an opposition to something elst
d But do those abuses to which it or
II posed itself now exist in America
/ society? L. the one, in whom W
1 viii suppose the whole judicis
If power lodged, likely to be more IN
q Justly BIASED and less consistent i
v his decisions than the manyf W