The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1873-05-29

COMMUNICATED.
Tho RInht TO SerVe on .JnrIcs.

| In the discussion in the Senate Il few DAYS
since, on the bill then pending to regulate
juries, we observed that some grave Sena-
tors entered largely into the constitutional
! right to serve on iuries. There never was
a more faluciUus pcrnicious doctrine enun-
ciated by any demagogue, than that every man
has a constitutional right to serve on the
! jury. When stripped of its legal technical
tiles and surroundings, what is the jury
| system but simple meanes of arbitration
and amicably adjusting disputes and con-
| trovcrSieS between litigants. If two per-
| sons were to agree to submit any cOntrO-
versy to arbitration, what would they think
of 4 person, however VIGOROUSLY corrupt
and dishonest he may be, who should come
| forward and insist on his constitutional
right to sit on the board of arbitration, be
cause he was Il duly qualified citizen, and
| that the right to determine the cause was
consistent with his citizenship: We venture
! the assertion that no sane man will fail to
observe the absurdity of such a doctrine
and yet this is what those claim who insist
on the constitutional right of every citizen
to serve on the jury.
Those who were familiar with the history
of the jury system, will remember that
among the AnglO-SaXOns, in the earliest
tines, one of the judicial customs was, that
any man might be cleared of Il criminal
accusation, if certain number of persons
whom he could bring would come forward
and swear to 4 ceye dictUm, that they
believed him innocent of the allegation.
The same custom prevailed on the CONT
nent of Europe, and the only difference
between any of the nations was the number
of the jUT0t0TeS, or sworn persons as to the
innocence of the accused. that were
required. The customary number was
twelve, but among some of the European
nations, in certain cases, the Oaths of as
many as seventy-twO persons were
necessary for an acquittal. Thus it will be
seen that in the very institution and origin
of the jury system, Il man accused of crime
had the right to select all of his own jury
But as time advanced it was found more
eXpedient to assimulate jury trials in crimi-
nal causes more to the system in civil &C
TONS and it was not until then that the
kinG, crown or State as the prosecutor had
an equal voice with the accused in the Sc
lection of the jury. Jury service has never
been, among the ancient nations with whom
it originated, recognized as legal right ;
and all the authors and commentators on
the subject have always treated of it as a
legal burden imposed on the citizen, rather
than as a legal or constitutional right.
We notice that the Illinois Legislature
has recently passed jury law, which pro-
videS that the persons selected must be Sin
habitants of the town, precinct or county.
not under 81 or over 60 years of age, in
possession of the natural faculties and not
infrm or decrcpit, and free from all legal
exceptions, of fair character, of approved
integrity, of sound judgment, we'll informed
and understand the English language" \
juror may be challenged for lack of any of
the above qualifications and also if he has
served as juror on the trial of any cause
within one year, or if he be Il party to Il
pending cause to be tried ut the term for
which he Is summoned.
Now we submit to any candid. impartial
and fair-minded man, thunder n law of this
character, FURY trials would not give more
general satisfaction, and redeem our tenn
pies of justice from the disrepute and shame
that have been brought upon them by the
mOckery and sham show of Justice as
administered under our present Judiciary
system. The evils Of the present system
cry loudly for reform, and the honor of ac-
complishing it will not be among the least
in the chaplet of glory and renown that shall
enCircle the brow of the statesman who in
auguratcs and presses to Il successful ter
minatiOn, this much needed reform.
The sherman Courier of the a8d inst,
says:
a sad accident occurred in our city
yesterday evening, in which Wiifrcd Adj
cock was killed, and another came near
losing his life. They were digging we'll.
had made 4 blast, and AdcOck approached
to look in, when he slipped and fell head
foremost, killing him instantly, as the
well was fifty feet deep. His friend and
partner hurried down TO aid if he found
aid could do any good. When within
about ten feet of the bottom. overcome by
excitement and the effect af sulphur smoke
from the blast, he tainted and fell. He
was alive when we last heard from him"
Brenham is engaged in killing of the
mad dogs.