The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1875-08-05
WHIT TEx1N GERMANS SAY OF
THE NEW CONSTITUTION.

here was barely endurable, and now it has
become utterly corrupt, and must be
thoroughly reformed. AS it exists, this
supposed hulwark of republican right and
liberty is absolutely odious. The evils of
which we complain are not due exclusively
to the accession of the negro to the jury
box; but when negroes constitute juries
decent white men, if possible, evade
this service, even as the surging black
mob about voting place disgusts deceney
and repels intelligence, giving absolute su-
premacy, in many places, To ignorance and
barbarism. But the exclusion of the negro
from the jury box is not enough. We have
suffered republicanism in America to go
mad, and even to destroy itself, and while
it is quite impossible, since we have laws
for the collection of debt, to destroy the
jury system utterly, its publication is quite
as indispensable as that of the ballot-box
Our German contemporary says that:
From Democratic point of view we may
desire to regulate, as a sovereign State, our
own legal procedures, and We are much in
clined to claim it as a right. Still, with
all our desire for reform, We can not place
ourselves in such position. The Consti-
tuition of the United States Enthusiastically
declares, that in all criminal cases the ac-
cused is entitled to jury; also, in all civil
cases, where the subject of dispute exceeds
the sum of twenty dollars. This stipula-
tiOn makes it useless TO investigate the
value Of any proposition, which tends to
curtall the powers of juries. Reforms in
side of prescribed limits cannot extinguish
entirely the jury system, but only correct
it's faults. We may prescribe qualifications
for jurymen, without regard to color or
descent, and il our conception of the mat
ter be correct, may lay down rules guiding
them in their functions, and which may
correct the greatest errors that from all
our experience the system at present Is bur
dened with.
The present Constitution, Radical in
origin, demands Of jurymen no other quail
tication, save citizenship of the county, and
right to vote. The fact of their being paid
for services rendered, also the authority
granted to sheriffs and their deputies to
pick them up according to their momentary
whim, If convenient, even from the gutter,
are causes tending to create q desire for
change. Nm opposition to the doctrines of
the Republican party we contend that the
iuryman be subjected to greater scrutiny
|
To strengthen our argument, we refer to
a matter of fact, that wherever the jury
system exists either in America with the
exception of the Southern States), or be-
yond the ocean, qualifications for jurymen
are required.
In England, where our present jury sys-
TEN originated, according to an act of Par
lament it is necessary that the juryman
should be landowner with yearly income
of ten pounds sterling. In France he must
be thirty years of age and bring evidence
that he is capable of reading and writing.
In Germany he is only qualified who pays
at least twenty thalers land tax or twenty
four thalers business license. And, not
withstanding all these restrictions, expe-
renee has taught that formal qualifications.
mentioned as examples here, are not suf1i
cient guarantees against abuses, for they are
not sufficient to exclude from the jury box
men of deficient education and doubtful
character. In Europe, the making out a
list of jurors, means the selection of
citizens who meet all the requirement so
law. 1t is intrusted to responsible Off
cials having the additional power to exact
such evidences of moral and intellectual
worth as they deem necessary. According
to our opinion, founded upon facts which
experience has furnished, he alone should
be accepted as a juror who can read and
write, resides in the county, and is acknowl
edged by the county court to be man NOR
ally and intellectually qualified. The so
called packed juries brought the system
into disrepute; professional jury loaf
ers, who besiege the court house, and
who, fit for nothing else, are placed
upon the jury bench by careless sheriffs
These should be restrained in thei
nefarious practices and compelled to MAKE
up jury lists constituted of men of un
doubted capacity and integrity. Industri
Gus and honorable men would care nothing
for the compensation of a few dollars
whereas, the professional jury loafer Graves
it, and claims it as a just reward for idle
ness, and for a stupid verdict, conflicting
with common sense. To be called to the dut.
of juror, in itself, ought to be evidenc
of "a mans worth, and this p1blic asser
ton of his excellence should be compensa
e tion for pecuniary sacrifices. To redeem
9 the reputation of The now little thought-o
\ Juror he must understand that it is al
= honor to be called to such duty, which th
& State has a right to demand of him; for
! if we grant TO the State the privilege o
3 calling on us (as it may do according to al
'e act of the Fourteenth Legislature to follow
: IN the tracks of murderer at the peril o
Il our life and without compensation. we sure
n ly may ask the juror, who risks nothing
!. to serve without pay.
s s Another abuse in the jury system is tn
: almost ever-ready disposition Of our judge
: to excuse Jurors. Should sheriffs ever sue
r ceed in selecting body of respectable citi
zens there win be produced before "hi
honor the most triAing causes for release
! and il none other is available the last re
sort remains, "the gentleman, who shun
this duty, has already formed and expresses
an opinion y and thus it happens that whe
: the pu3lic interest is deeply concerned tn
box is filed either with stupidity, incapabl
of an unbiased and just decision. or wit
elements too indifferent or too lazy to eH
ert themselves in behalf of justice and right
f, The Ssaats- Bulletin concludes that ther
should be prescribed qualifications for j.
rOrs of property and intelligence; second
that Jurors should serve without moneye
; reeompense and deem this employment
n Office of honor; third, that exemption
from jury service be rigidly construed, an
N that the expression OF an opinion is ev
dence of fitness for jury service IN crimin'
= cases; and, fourth, that a verdict may
N. rendered by two-thirds OF the jury in erin
inal and other cases.