Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1883-07-22
n RHPHIS APPEAL
UNDAY, JULY ss, 1883.
JURIEs.

TEN6EssRE JURIEs.
The defects, not Of he jury system, but of our
jury system of to-day, is exciting much at
t~entiou, and the manner of selecting the jury
for the trial Of Polk in Nashville is adding
to the attention the subject ia exciting. Two
thousand persons we're examined in order to
6ud twelve men fitted to act as jurymen.
Fitted by what qualifications? By the quail
6cstion7 Of ignorance. 1t was not twelve in
telligenL keen, penetrating, rational, COM
non-sense men that were wanted, but twelve
men too apsthetIc, too slow-minded, too lit
tie inquiring to know, or try to know, any
thing Of the atrocity Of a public man steal
ing The money of the State and approprist-
ing it to bis own speculations. That
men so wanting In interest in the
welfare Of the State should be 20 in
different as to the character OF the per.
son intrusted TO a certain extent with the
power as we'll as the property Of the State,
And responsibility to the same extent for its
honor add good fame, az Voluntarily or from
imbecliity 10 remain in ignorance when the
principal monetary officer of the State is
charged with theft, is the c~Iearest possible
proof Of their unftness above all others TO
discharge the duties of a iuryman; yet 1t is
the very faults, defects, weakness, mental
bliDdDess and cow-lke stupidity that the
men confess TO in court that entities them to
be selected as just the right sort of persons
70 compose a Tennessee jury. OF course we
know nothing OF the men personally; we
are speaking of them only in the attitude
in which they stood, on their " repre-
sentation OF them selves, before the court.
Ii men Of their qualifications are the
proper kind of citizens to pronounce
= verdict in a Tennessee trial, then
they must be the persons, of all
others, after whose Likeness the citizens of
Tennessee at large should seek 10 model
themselves. II those are the proper sort Of
men to decide upon the liberty or the life OF
their feilov-citize ns under sccusstion, then
they are The very pink and essence Of those
who are q ted 70 cAsl a vote, or to act as
Governor or jaige, or to FIJI any other ad-
minIsfr alive station. Let thereafter imagine
WA INC COuolliO - "Obio bC a.
her active citizens and Slate officials were
made Of the same mental stuff as that OF
which this jury, chosen from among 1000
citizens, is composedi That they were toe
ignorant TO know anything about q notori-
ous crime committed by a State officer, or
too apa,hetio to think about il, or 100 imbe-
cile to have had their attentiN excited
by it, ia how they represent them
selves to the Court, and for thea reasons
they ere, above all o'her stAuabf men,
the right material for a Tennessee tgl NJ
wonder the pres East, West, NorA-ant
South is discussing the claims, accomplish
ments, character and mental standard upor
which The courts Of Tennessee select those tc
whom questions affecting liberty and life arr
to be committed. The fact is, the ground
upon which such a selection is made il al
insult to every common-sense man who ia
citizen Of Tennessee. 1t says to such a citi
sen-if you are informed as to the accuse
ton against the prisoner; if being so yol
have said to yourselves II he be guilty he de
serves P~unishmentj or if it has appeared Il
you from what had come to your knowledg,
through hearsay or newspaper Information
that he was guilty, than you, as citizens o
Tennessee, are judged not TO be homes
enough, or not possessed Of mental abilii,
enough, TO cast aside an opinion forme,
or an inadsquste basis, and, with 81
oath on your lips appealing TO God
and standing in the presence OF your fellow
citizens, TO form q correct and fair opinion
when you have the full testimony Of tn,
facts from the most authentic sources, an,
when you have heard what the accuser say
on one eide, and what the accused replies OF
the other. The custom BY which jurymel
are now selected in this State, makes thi
charge of dishonesty or mental incompetency
against every intelligent, public spirited
competent citizen, and that such is the cas-
is disgrace to the State, a repro ach to ii
courts, and a stigma upon its legislation. 1
ought to be done away with by the very mex
Legislature that assemblies. Speaking upol
this subject the New York Post says: "N,
sane man can De made to believe that tn
mode OF trial adopted In the Stsr-route AMI
Polk cases il anything but a snare and = de
lusion; and the spectscle of the legal officers
of a communi,y like Tennessee going delib
erztely to work to prepare a tribunal for il
own protection against wrong-doers, which
the entire community regard with profounC
contempt, lie a curious illustration of how tn,
theory OF institutions may blind men to theil
actual condition"