The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1875-09-02
MoDHPIcATIoN OF THE JURY sYs-
TEM.


On this subject there s sn admirable ar
| ticle in the September number of ScrsJner's
Monthly, and the Washington Chronicle
tells us that Hon. Benjamin F. Hall, ap-
pointed By President Fillmore to collect
and arrange opinions of Federal attorney
generals, will submit to the Legislature OF
New York bill providing thar in case of
the sickness or death of one or more jurors,
not exceeding three, in any trial or action
at law or indictment, the proceedings shall
not be suspended, il the remainder of the
jury are in attendance and in proper condi-
tion to hear the testimony; also, that YER
ict-shaII b. valid, If seven Of the jurors, in
civil action, and nine, upon an indict-
ment, shall agree upon it, in the same man.
ner as is required of the twelve by the ex-
isting law.
An essay has been published by this gen
tleman, OF an elaborate character, in sup
port Of his proposed changes in the jury
system. He was led to reflect seriously
upon the subject during the recent Beecher
trial. He cites instances in some of the
German states, where the principle he advo-
Gates prevails, and brings forward the opin-
ions of several distinguished English jurists,
who deplore the existence of the feature of
complete unanimity in a jury. He sums up
by insisting that the present mode is not in
harmony with the theory of our govern
ment, as follows:
"All our political institutions are predI-
Gated upon the will Of the majority. I'm
der our present State Constitution a plu-
rality Of electors are competent to elect
even the highest judges to Office. In all
official or corporate bodies composed of
persons, with very few exceptions, ma
jority uf voices control the proceedings.
The exceptions exist in respect to the en-
actment Of certain laws and the apprecla-
ton of public money by our Legislature,
and is respect to certain transactions by mu-
nicipal and other corporations. There
they are interposed for prudential pur-
poses. But the perfect unanimity required
of trial juries is not required of any public
deliberative body in the Stare. ALI that the
law requires of grand juries, whether they
are composed of sixteen or twenty-three, is
that twelve "a minority of the thwenty-
three) shall agree in order to indict. And
the rule is not in harmony with the rule
which prevails on the benches of our plural
courts. 1t stands to reason that if perfect
unanimity is TO be required of any branch
or department of judicial courts composed
Of several persons, 1t should be required of
the judges. COgent arguments for such a
rule on the benches of appellate courts
might be urged. But the majority rule was
adopted by all of them, state and national,
ut the dates of their organizations, respect
lively. and it has prevailed on the benches
of plural courts ever since without challenge
or complaint. Now, it must be obvious to
men Of reflection that if the majority rule
is the proper one to prevail with the judges
of our courts, who are presumed to be men
of higher culture than jurors, it ought to be
| suffered to prevail with jurors also. To
permit it to prevail with the former and not
with the latter is to sanction an incongruity
which greatly mars the beauty of our judi
ciaI system, besides incumbering, embar-
RAISING and obstructing the administration
of the laws"
While the reforms indicated would sub
serve purposes of justice and right and
promote economy in time and money, the
great end aimed at is still forgotten, and
the whole country is taxed enormously to
pay for the follies or frauds or niishaps of a
few individuals. If jury be desirable in
. civil suit, they should pay for it who en-
| joy the luxury, and the community does
enough when it supplies the Judge and
clerk and court room. Juries are rarely
needed, IN point of fact in civil suits, and
without them the duration Of terms o
courts would be lessened one-half, and thu
| the number Of courts would be diminished
and the cost of the judiciary system be
comes trifine. 1t is to-day the most terri
hble burden that oppresses society anC
wrongs and robs the honest laborious in
....,...u t., ..r,r;ch and crratifu In