Clarksville weekly chronicle. (Clarksville, Tenn.) 1873-1890, 1875-03-06
TIIEJURY Law.

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of the burdensome tax imposed here
tofore, by the cost of juries in civil
cases. We do not agree with the
Nashville correspondent the Courier
Journal, that the act is an infringe
ment upon the right of trial by jury.
1t denies that right to no litigant, but
simply requires that he who goes to law,
shall pay for the luxury, on the equit-
able principle that he who dances shall
pay the fiddler. If this law be a vio-
lation of the sacred right of trial by
jury, why has it never occurred
to the sticklers for this right
that iuries are prohibited in our
Chancery Courts, as well as in the
Court of Appeals? We do not ques-
ton the wisdom of this discrimination,
but are at loss to understand why 1t
is that law taxing the litigants with
the costs Of jnries before the Circuit
Courts, is any more violation of the
right of trial by jury than the prohibit
ton of that right in the Chancery
Courts. We would have preferred
that the phraseolgy of the bill had
been little different-requiring that
the party demanding the jury, should
pay the cost whether he be the winner,
or loser of the suit. In this case,
there would be no jury, except at the
option Of one of the parties in the
other, jury seems to be an impera-
tive condition of the trial, and the cost
is arbitrarily imposed upon the loser
without any reference to the justice of
his cause. And where both parties
demand jury, the cost should be di-
vided between them without regard to
the decision of the suit, pro or con.
We make these comments in no
fault-fnding spirit. We are content
with the law as it is-it is step in
the right direction, and like every
other experiment, if even partially
successful-will suggest amendments
which may be eDgrafted upon it by flu
ture legislators. However beneficial
it may prove, in the matter of dollars
and cents, we anticipate higher bene-
fits, in the diminution of litigation and
of all the evils which spring from it.
1t will teach the people to seek AMIGA
BILE adjustments, outside of the Courts,
thus preventing the bitter feuds that
are often made lifelong by the public
ity given to them, by administrations of
volunteer advisers and the reckless
ness of the means by which success is
often sought to be won. They will
learn too, that an impartial judge is
better qualified to decide. in accord
ance.with law and the facts that juries
generally are, besides saving cost to
themselves, and loss and annoyance to
the jurors who ought to be at home at
tending to their farms, and away from
the temptation to spend unnecessarily,
enough money to pay their taxes. We
are very far from advocating any seri-
Gus violation of the right of trial by
jury, but are just as far from admit
ting that any of the, socalled, mali
enable rights of man are so absolute
that they may not be modified in their
exercise, when the good of societyand
the public welfare demand such modi-
fcation. Self-protection-the Oldest
natural LAWS so modified as to
restrict its exercise within reasona-
bic limits liberty, by statute law, is
made dependent upon the department
Of the individual and the pursuit Of
happiness even, is no longer legitimate
when it trespasses upon the rights and
interests of others. Trial by jury is
no more sacred than the right to life,
liberty and pursuit of happiness, " yet
there is no cutlery against the legislative
enactments deemed indispensable to
the Limitation of the exercise Of those
rights within bounds demanded by the
equal rights of all others. Tosay to A., if
you want jury to settle your troubles
with your neighbOr, you must pay the
cost, is no more denial Of his right to
a jury than the conditions which de-
fine legitimate scif-defense, are denial
of the right of self-protection. I'm
der governments organized to promote
the general welfare and to mete out
equal and exact justice to all, there can
be no rig hts that can not, or should
not, be so modified as to promote the
greatest good of the greatest number,
and it is sheer demagoguery to declaim
against such notifications, so long as
the policy is sound and there is no ia
tai denial or disregard of the right it.
self Principles are indestructible,
but political rights are mere privileges
which, We have all learned, are at the
mercy of the majority, whether of
numbers or of power acquired by fraud !
and usurpation.
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