Whig and tribune. [volume] (Jackson, Tenn.) 1870-1877, 1873-02-22
our Jury system.

W uE4e our LEGISLATURE Is --IelOfLA-
ing" the members had just as well
take our jury system by the horns
and reform that. If there is any
relic of antiquated law that de-
! serves less veneratiOn than another,
il IS this matter of q jury of twelve.
| In its day it, doubtless, served a
good purpose. In England in the
| close contests between the Crown,
and the People, when the power of
/ the monarch and the aristocracV
was often exercised illegally and op-
| pressiVely, it answered a good pur-
pose, but with the establishment of
free government and the Suprema--
I ey Of Constitutions and Laws, the
reason fails and the necessity passes
away. Instead of being now pro-
lection of the citizen, il acts to his
detriment. 1t operates directly to
embarress the provision of our or
ganic law which says that every cit
iZen shall have justice, without
sale, denial or delay" 1t clogs up
Hour courts, it lengthens their terms,
land, after all, does not give the peO-
llple their rights half as surely as
they would have them, under an
other and better system.
We know that it is thought popu-
lar to laud the jury system, and to
affect TO believe that the verdict of
twelve men, chosen indiscriminate-
kly, is entitled to very great respect,
but, we have arrived at a point in
our life, when we are disposed 10
call things by their right names. Be
sides, we are no candidate for Office.
We, therefore, do not hesitate to
speak of the American jury system
as farce and humbug. We have
not particle of reverence for it. 1t
is solemn old piece of nonsense,
and the sooner it is laid away
among the old curiosities of past
age, the better for us all.
We must apply the same common
sense rules to guide us in discussing
this question as we would in ordin-
ary worldly affairs. If we want a
doctor, or lawyer, or q, blacksmith;
preacher or 3 printer, we are in
the habit of applying to one who
by education and practice, has quail
flied himself for the work 10 be
done. 1t is not alone q question of
honesty, but of capacity. He may
be as honest as Socrates, but totally
wanting in capacity and experience,
and if so lacking, we do not want
his services. Now our jury system
presupposes that the twelve men
who make the panel, are both hon
est and qualified, and this in the
face of the fact that the most alb
struse questions of law often arise,
involving thousands and millions of
dollars; questions that puzzle the
minds of lawyers who have deVot-
4 ell lives of study and thought to
them. Now common sense SAYS
that this jury is not qualified to de-
termine those matters, and yet our
practice is to commit to them the
determination of the gravest and
most difficult questions, knowing
in advance their incapacity. Was
there ever a greater farce! 1t is no
reflection upon them to say that
thcysare not qualified, for their pur-
suits have not been to that end.
Let every man follow his trade.
The successful administration of
our Courts of Equity affords strik-
ing example of the efficiency of a
single mind. The entire Chancery
business of the State is transacted
by Chancellors more speedily, more
satisfactorily and with fewer ap-
peals to the Supreme Court. Ger
tainly we may assume that our Cir
cult Judges will be as honest and
capable, and will settle five or ten
times as many suits as jury could
in the same time. Certainly, too,
they would decide them more cor
rectly, with fewer appeals, and the
litigants would be better satisfied
for the reason that they would feel
that they had been decided by q
Judge who knew what he was do
ing. And the latter cannot be said.
of the judgment of the 'Jury of
twelve" Nine times out of ten, in
appeal cases, the appealer takes his
case up, from a convection of the in
competency of the jury and an in
stinctive confidence in the intelli-
gencc and capability of the Judges
of the Superior tribunal.
Now a few words as 10 the i'm
mense and useless cost of our much
vaunted jury system. Judge Baxter,
in an address says:
"Juries cost Davidson county
$50, 600 annually, which would be
an average of 50, $50 to each county.
There being ninety-One counties in
the State, the aggregate cost to all
the counties, is S505, 500, besides
252, ,757 days lost from the produc-
tive industry of the State and worth
as many dollars, which, added to
the amount paid for juries, would
be the enormous sum of $75S, ,562, as
the cost of juries for the people for
only one year"
The above saved would employ
1 1,S39 common school teachers at $40
to teach so pupils five months in the
year, giving ,170 of our poor chill
dren a start at an education.
If our legislature viii now have
the manliness to put the knife to
the throat of this old humbug, they
will make long stride in civiliza-
tion.
AS matter of course we are not
urging the entire abolition of ju-
rics. Our remarks only apply TO
the trial of civil cases. In crimes,
above low grade of misdemeanor
we would retain the right of jury
and in cases when one or both of
the parties litigant demanded it at
their own expense GGlldtfB EE-