The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1875-11-04
Reform In the Jury system.

the Albany Law Journal, OF October
%, contains long contributed article on the
subject of reformation in the matter
of trial by jury. This is one of
those subjects which, like the small
pox, breaks out periodically every year or
so in an animated discussion, but, unlike
that mslsdy, it leaves not the slightest i'm
preston on the body polite so far as any
Grange in the nature of reform Is concerned.
The editor of this admirable periodical dis
sents entirely from the contribution in the
reform recommended, which is TO substitute
judge for jury, and he takes the grounds
that: 1t would give one man too much
power; it imposes too much responsibility
on one man; renders bribery too easy; it
would greatly increase the number of
twelve heads are bstter than one; the Jury
system is check upon oppression and me-
nopoly; the jury is an educator.
The opluions Of some of the political Mes
tors are worthy of the source from which
they come
Lord John Russell says: ait is TO trial by Jury
more than even by represe ntation. as 1t at pres
the share they have in the government of the
country; IL is to trial by Jury that the govern
10 the laws; a consideration which ought TO
make our legislators very cautious how they
take away this mode of trial by new, trifilng
says: sit would be very narrow view
to look upon the jury as a mere ju-
fuence may lie upon the decisions of The courts.
IL is still greater on the deStin of society az
large The jury Is above all, apolitical institu-
ton, and IL mrst be r garded in this light in
order to be duly appreciated. In whatever
manner the jury be applied. it can not fail TO
exercise powerful influence upon the national
character; but this influence is rrodgiously iu-
creased when IL is introduced into civil causes.
The jury, and more especially the civil jury,
serves 20 communicate the split OF the judges
to the minos of all the citizens; and this spirit,
NTH The habits which attnd it. is the soGndest
thing judged and with the notion Of
every man learns to Judge his neigh6or as he
would himself be judged. The jury teaches
every man not to recoil before the responsibility
of his own actions, and impresSes him with that
manly confidence without which no political
virtue can exist. 1t invests each citizen with
Kind OF magistracy; 1t makes them all feel the
duties which they are bound TO discharge to-
ward society, and the part which they take in
its government By obiging men to turn their
attention to other affairs than their own, il rubs
off that private selfishness which is the rust of
society. The jury contributes power
to increase the natural Intelligence of ina a
people; and this, in my opinion, is It's great
tors public school, always open, in which every
juror learns his rights, en- ters into daily commu-
nication with the most learned and enlightened
practically acquainted with the laws which are
brought within the reach OF his capacity Dy the
efforts Of the bar, the advice OF the judge, and
even by the passions of the parties. think
that the practical in ell gence and political good
sense of the Americans are manly attributable
to the long use which they have maze of the
jury In civil causes"
And Jefferson SAYS:
ave think, in America, that 1t is necessary to
introduce the people into every department OF
government t,as far as they capable o. exercis-
lug 1t, ana that this is the only way insure a
long continued and honest administration o its
powers. They are not qualified 10 judge
questions OF law but they are capable OF judg-
ing questions of fact. In the form of juries,
tn ref0re, they dets rhine all matters OF fact,
leaving TO the permanent judges to decide the
law resu ting from these facts But we all know
that permanent judges acquire esprit de
corps; that beng known they are liable to be
tempted by bribery that they mis-
led by favor. by relationship, by spirit Of party,
by devotion to the executive or legislative
mower; that IL is better to leave a cause to the
decision OF cross and pile than to judge biased
one side; aud that the opinion OF twelve honest
jurymen gives still better hope OF right than
on TO decide whether the people had best be
omitted in the legislative or judiciary depart
ment, would say ii is better 10 leave them out
of the legislative. The execution of the laws IL
more important than the making of Them
Iaftpr to AT. Liable Arr Oud.