The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1873-03-16

Sunday aSThiKssHsfch 1s. 1878.


Sunday A6IniKa Hsfch 10. 1878.
(gThs tsnrs.lsiof, ,pt Sa3I,l.
We took occasion. feW weeks since,
to notice the impeachment Of the tzial by
jury by Tammany Hall. New York. In .
resolution 70 the effect that the public
welfare imperatively demanded reform
:la The system. to which tho attention Of
the Legislature aud Constitutional Con
iyention was earnestly invoked. The
4aestion thus formally raised 10 not a
new one. It has been discussed time
and again In England, adH to. a less ex.
tent in this country, wReraFthis mode OF
trial is entrenohed in the Constitution Of
the United States, and in those of the
several States. Its defects are nov con.
spicuously apparent in the city OF New
York. The trials Of Stokes. Tweed,
Foster. Soannell, and many others, hare
convinced the community that verdict
is anecied by many other considerations
than those Of the Law and evidence. The
osnker Of corruption is eating into this.
as well as into every other valuable in
stitution Of The country and safeguard Of
its freedom. Each stage. from The pre-.
paration of the lists to the rendering of
the verdict, is now to be actively can.
vassed. and in each will be found some
flaw which. like q detective link in a
chain. If strongly tried. will, by lis weak.
ness, impair the; strength Of the whole.
Tie requirement Of 'unanimity is one
Of the essential points, the wisdom and
necessity for which have long been
doubted, Butitis not now maintained
that its abandonment will cure the evils
: who'll 'exist;inr the practical working Of
the system. It is'irregular and illcgical.
certainly. but It early struck its roots
deep into our civil and social Life, III We
were now framing. = Jury Law, DO ,noso. we
would hardly incorporate il; and yet, az
thihgs are. We are 10th TO- strike it out.
~ tbs. work Of forming yardicts, = seys
Bentham, ''had Been Tie. work Of cgim
rafaotion, working by the light Of e1pe-
sriepoa5in 4 comparatively mature and
.sslishtsaed age, some number, certain
slott afordfng majority on one side, viz:
an odd number, would on this. as on
other occasions, have been provided;
end to the decision Of ttot preponderat-
ing number would Of course have been
!. given thu effect Of the conjanct decision
ofthe whole" In a note to his Middle
ages, Mr.. Hallam, while exalting the
grand principle OF the Saxon polity, the
trial of facts by the country, speaks of
this requirement as q 'preposterous relic
Of barbarism." SO it may be, and it has
its serious evils; yet an organic change
from unanlmity to majority 7of the jury
would fail to remove the sora (which
such just complaint is now made.
The radical reform required in this
country, it has been well said, is in the
selection of jurors. and the determination
OF their qualifications. The best men,
Taxpayers. should be placed On the list.
and the preparation Of the jury list aud
the summoning OF jurors should be en-
trusted to capable and honest officers.
Intelligence. impartiality, honesty and
character should, by every consideration
OF jqstfce and right, be secured in those
who. when placed in the jury box, may
be said TO mold the lives, Liberties. pro-
perty and rights Of their fellow-citizers
in their hands. Men of character, in
tegrity and property are much to blame
.all over this country for declining and
evading jury duty. That is the main
reason that 80 much dissatisfaction ex-
its; that the public tone is lowered: that
30 many sooundrels escape just punish.
ment. and that so many stupendous
wrongs are inflicted on the undeserving.
HORACE GREELEY. New York
World, in alluding to the Inauguration,