The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1876-05-25
The New Jury RiII.


Pending the discussion of the PROPOSE
| ton to strike FROM section of the jury
bill the clause which disqualides anyone
! from serving on a jury except those who
are able to read and write, Senator Terrell
SAID
Mr.. President = regard this section MS
the most important in the bill. Every juror
should be able to read the instructions of
the court, and to write his verdict. The
great emo of government is the protection
of the citizen in his rights; this we seek to
accomplish by the administration OF justice
which, with us, can be well done only
through an fficient jury system. Viewed
in this light, no man can over-estimate the
importance of guarding with wel-de ined
checks and restrictions the organization of
our juries to the end that virtue and intelli
gence may he secured In this branch of the
public service, and ignorance and vice eX-
cluded. Since 1869, trial by jury in Texas,
has been mOckery and snare. Our sys-
tenn t law has contained no check upon the
efforts of corrupt sheriff, to carry out the
wishes of bold, INSCRIPTIONS litigant to
pack jury; this every man knows eau
now be done IN the interests of fraud
and corruption. By some men the
employment of lawyer is often regard
ed as u matter of form, while the real
ed from a friendly sheriff or his deputy.
The bill under consideration takes all dis
erection in the selection of juries away from
the sheriff. and vests it in sworn jury COM
missioners selected In different portions of
the county by the district Judge. Their
position will he one of honor; selected for
their uprightness and probity, they serve
without pay, and feeling that the eyes of the
people are on them, they will select none
hnf ONan 9th aha he ,,,t l,.A
bill with which Senators are familiar,
may safely affirm that il this bill becomes
a law, corruption in the jury box will be
next 20 impossible. IL is insisted that this
Is sufficient, and that no rule of intelli-
gence OF scholastic attainments should be
required. To this view cannot subscribe.
Too much discretion must not be left even
to the jury commissioners. They must be
furnished by law with the standard of in
telligence or attainments forthe Juror. The
requirement that he must be abe to read
and write makes no unreasonable exaction
it puts the law in harmony with itself,
for with less than this the juror cannot ac-
quit himself of his oath. His oath requires
nm to return a verdict according to the
law aud the evidence. The evidence he
can hear, but the law is in the written in
stIuctions OF the judge, sometimes so
lengthy that no mans memory can retain 1t.
| NOW IL nc eau nelJneT Teau THIS law, nor
, write his verdict, is he not required to
swear to the impossible Z Let us make the
law consistent with Itself and suffer no
5 man to be sworn as u juror, when he can
. avoid it, unless he comes up to the stand
ard contemplated by the bill.
know, Mr.. President, that there are To-
; calitIes in the State-perhaps ON the Rio
| Grandeur which jury service, If restrict
ed TO those who can read and write, will
be severe burden on u few, and this on
( account of the large lumber of illiterate
persons who would be exempt but an
amendment will be offered by the Senator
from Cameron at the proper time
/ providing for such counties, and this
, [ will cheerfully support hecessitate rel.
THIS amendment will permit jury COM
missioHers to disregard Ghe qualification We
are considering, when jurors qualified un-
der this act cannot be found without i'm
posing an oppressive burden on few cit-
$ zens.
The opponents Of this bill are strangely
inconsistent; but yes day VIC were told
5 that no one should be exempt from jury
| service because il was burden thar all
Should share; to-day we are told il Is u
Pricttege that all must enjoy. While IagTee
5 that ~ good man it is burden, dissent
in the high interests OF society from the
, conclusion that ali men must share il. /
E know that the section under discussion
will exclude good men of my own race from
| the jury box, but they will understand its
: object and approve its policy. 1t Will ~
lieve them from burden and not exclude
them from a privilege. But even il this
] should be deemed q hardship, 1t may be
answered that there is no general law winch
can be made 10 suit exceptional cases, and
the lawmaker who forgets that statutes are
/ passed to bring the greatest good to the
greatest number, and frames his law for
special cases, has poor conception Of his
> duty.
But, sir, should there be one man Of my
own race unable to read and write, who re-
CARDS it privilege and not burden to
SIT in the Jury box, who feels himself
aggIieved Ivy this section, for Ihat man this
section is designed, and the man who thus
' feels should be excluded, however high
might be the standard Of his Attachments.
D Just such men now make the professional
jurors who curse the courts all over this
broad land the miserable hangers-on of
the courts who progl around the jury box
! for their two dollars day, and are unfit to
pass on the rights of our people.
j., / am told that this requirement to read
4 and write will be regarded as an unfriend-
ly discrimination against the colored ele-
i ment.
a Mr. President, the law is general In its
i terms, ana ID terms applies 10 every race
: without regard 70 ''color or previous con-
3 dition-" And / say 70 Senators here, that
will go as far as he who goes fartbest 70
aid by healthy educational provisions in
: liitIng that race from the ignorance which
{ Is now its misfortune; but until this ID SC
; complished, shall the standard OF quAliica-
: tion for administering justice 60 down 70
: the level Of its ignorancef
{ We have had three days' discipline of this
, bill-eycry provision has been carefully ex-
: amined in committee Of the whole, and
e adopted, and had now rather see IL
burned than that this clause should be
stricken from il. want No man. who can
neither read the instructions nor wnte the
s verdict, 70 sit in judgment on my life or
e property, and no vote Of mine shall ever
e Impose such juror on another. Firmly
: convinced that this section, as II stands. Is
/ demanded by the highest interest OF socie-
! ty--nay, Of civilization itself-I will vote
for il, though should stand SOLITARY and
8 alone. II censure comes, ! will have the
n approval OF my conscience, and the conse-
qnences to me must take care OF themselves.
e The mass Of ignorance enjoying the cleo
tive franchise Through no choice Of .ours)
n now makes with is terrible strain the ex.
pertinent Of free government TO tremble in
n lis eyerJ hber-let us, while we can. relieve
& the jury box from this fearful pressure ere
D IL be too late.
The amendment 70 strike out the re-
= quirement 10 read and write was voted
a.. -. a.