The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1873-05-01
Written for the Democrats staicsma
A scrap OF History.


Written for the Democrats statesman
A Scrap OF History.
DEAN sm-I have noticed in your issue
OF April G, an article headed s'Comnuni-
Gated, the writer Of which signs his
name H Respecting this article, ] viii
take the liberty Of making few remarks,
which hope viii be acceptable, not only
to your headers generally, but more particu-
lariy 70 such as arc DESTROYS of information
CLEANED from out the rubbish Of ancient lit
erature.
Your correspondent I'll" commences by
asking a question, "Can criminal offense
be tried by jury of less than twelve menf'
and next tries to prove, from varied sources
that jury means twelve men, neither more
nor less, without giving any direct author
ity to prove such.
He next begins with the bin Of rights
which mentions a jury. but it says nothing
OF the number which should constitute that
jury. We arc therefore left without any
information on that head and in his at
tempt to prove that twelve men only cen
stitute a jury. He says that reference
must be made 70 the elementary writers,
and the decisions Of courts for long series
of years to determine it, etc.
| should like TO know from the above
passage what information can be CLEANED
touching the number Of men which makes
up jury.
He refers, in the next place, to Bouvier's
Law Dictionary, volume 1, page 20, which
describes jury to be a body Of mon
sworn to declare facts from evidence
given" Where is the information here Of
the number Of men TO make up juryl Not
any whatever.
lie then states that Bouvier-speaking Of
the origin of trial by jury says, 1T is lost
in the obscurity of ages
expect to prove the contrary, before
finish this letter, and must assert that it is
rather want Of information from sources
where such can be found.
He quotes American and English authori-
ties, respecting the number Of persons
which should make mp jury; but these
are no authorities at ali, and they say moth
ing regarding the number that should con-
stitute jury. The best authority that can
be found in England on trial by jury and
It's origin, is Blackstone, IN his Commenta-
ries on the laws Of England, and your cor
respondent. III mentions not word
about this great authority.
The best authority that can be adduced
for having twelve men placed as jurors lin
order to decide cases coming before them,
instead of any other number, IS custom, as
as it IS conceded that what IS commonly
customary in law is considered good.
As an instance, a road or highway pub
lcly or commonly used for a long period,
say twenty years, cannot be legally CLOSED
again against the people.
which they considered q common, had pos
session, nnmolested, Of that farm for over
twenty years, they still hold it, against the.
powerful influence Of titled lady-Osborn.
even in a conrt of law where 1t was tried
Therefore, what is common and Of long
standing is good, and trial by jury so long
standing and duly accepted must be good
in law, and that jury made up Of twelve
men and only twelve.
Touching the origin of trial by jury ]
VIII, in the first place, point out who and
by whom justice was administered in carly
ages:
In patriarchal times each head of a family
or class was styled father or chief and was
generallJ guided by the laws dictated by ma
ture-an Eye for an eye, and blood Tor
blood, etc, etc. But in after ages some
chiefs beceme kings and all nations fol-
lowed silt
Kings administered justice to their peo-
pie; their word was absolute witness
King David, and his son. Solomon, in the
capacity of judges. This custom prevailed
throughout all the NATIONS, down to the
reign of Augustus Caesar and Augustus,
who became too proud to administer jus
tice any longer, and appointed deputies,
gave them regal powers in courts, which
custom continues to this day throughout
the world, in all civilized nations.
Judges were men considered learned in
the laws of their respective countries and
who in some countries framed law codes so
wise and SO good, that they were the admi-
ration Of the learned Of all the nations who
happened to become acquainted with
them.
As an instance. " Tie Brehon laws Of
Erin far exceeded, in wisdom and justice,
any code given to q single nation Of antioui-
ty. Even the Druids framed law codes
which were held IN such estimation. That
they boosted Of having received them from
the gods, and ] do not think Il anliss 10
mention at least one Of tloir 9 Nine Laws .
which is; Do nnio-as you wouid Be
done by; which precept can only Be sur
passed by the prccept given unto as By
Jesus Christ himself i. e. Love your
peighbor IS YOURSELF a law 81 love eman.
ting from the God Of love.
viii now point out the period n which
El gland became best by the introduction
Of trial by jury. introduced BIZ one Of the
heptarehy, or the seven reiguing Saxon
Kings Of England, named Alfred. bY some
called the great. lie reiqHed A. D. 807.
Many imagine that Alfred vas the carly
and original founder Of trial b. jury So
far as the establishing Of II IN England Is
concerned, he deserves credit for establish
ing il there. lie bnt borrowed the custom
from other nations, WHO pfacticed trial by
jury centuries before Alfred's time
Blackstone IN bis commentaries states
that Sweden, Norway. and other nations Of
Europe practiced trial by jury IN their
courts long before Alflxd's reign. some
three Numbered and twcntg-fre wears. and
other nations two hundred and fiftr wears.
But Blackstone himself did rot knox The
period, or the whereabouts 81 It's origin.
The learned O'connor ia his Chson;r'1
Of Err makes mention ~ Prfncc
country. whose same = Olav
very learned man, a. lis name
This man wa second sorcr
luV % 3iiiesius IL dis
Druids rcspcsfing TIE o1f
laws. and proved fhat il
from TIC hearts 81
minded. and nol fo1
Dfuids would have 81.
The number nine
aRcicnia, o. We uof
Der twelve.
|I.t. t.1fIrr al. I