New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-03-21
depends upon intelligence and Judgment,
but from which intelligence and judgment
are nearly altogether eliminated.

but from which intelligence and judgment
are nearly altogether eliminated.
In fact, we believe that public opinion,
in relation to trial by jury, is verging
more and more to a point that will even
tuate in a great modification of the sys-
tenn, if not it, utter abolition.
Men have discovered that whatever
might have been the merits of the jury
system some generations ago, when there
was still lingering tincture of feudalism
when there WAS such marked distinction
of classes, yet for the present day and
for the present state of society, it has
become little less than unmitigated mis-
chief
1t is not necessary for the purpose of
our argument to make deep researches
into the origin of trial by jury. 1t GER
tainly took its rise in Il time when it
seemed to be the privilege of one class to
Cypress and the fate of others to bear OPP
preston as they might. in the necessity
of the weaker orders of society to resist
the encroachment Of oppression and the
rapacity of power The noble who had a
suit with the citizen, could not be allowed
to have his cause tried by his own high
class, for that would have been tant-
amount to certain condemnation. Each
man must be tried by his peers. The in
stitution was of no sudden formation,
but like other institutions grew up little
by little as the prosperity and wealth OF
the citizens of free towns enabled them
to make greater Roadway against the
feudal lords
la Great Britain. where the law still
recognizes the legal distinctions existing
between different classes, it may well be
doubted whether the trial by Jury is any
longer a necessity, for the growth of dem
ocratic spirit has been such that there is
little fear of the poorest being overborne
by the richest or the mightiest i'll court
of law But in the United States. where
other man, nothing more of the benefits
Of the system remain, but the manner IN
which justice is palsied is such that the
law is no longer a terror to evil doors,
and criminals are encouraged in crime by
the we'll known facilities of escape, the
chances being out Of all proportion in
favor of the violator of law-the thief, the
burglar, and the murderer
In order to show how iuries are esti-
mated by the legal profession. let any
man of mature years, who has had sutfi-
cient experience of jury trials in civil
suits. recall the circumstances of these
trials to recollection and he will find that
the party who calls for jury trial mas in
invariably the weakest case And why is
this so, except that counsel hope to hood
wink a raw jury in a way they could not
do with a Judge experienced i'll law:
For the interests of society in the Ger
tain punishment of crime, trial by Jury
should be done away with, and differ
ent system of criminal trial adopted
We have heard it objected to that il
would be mOnstrouS to put the power.
if not OF life at least of liberty, in the
hands of one single man. This objection
amounts to nothing, for it can be OBJ
waited by a bench of judges, not too
many to divide the responsibility. but
enough to give confidence in the rslia-
bility of the tribunal to promote
the ends of Justice. These judges.
placed by their position above all
influence, having no temptation
to do aught but full justice to accused
persons, as we'll as to the community to
whom they are responsible, learned
in law and accustomed to weigh the
nceties of evidence-with such tribu-
nal, far beyond the sophistry Of counsel,
would not the innocent be more safe and
the certainty of punishment to the guilty
be more fully assured