The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1891-11-03

his purpose-to use a figure famil-
lar to military men-by the
astounding proposition n, that
al that makes u trial by Jury
valuable, or worth preserving,
should be taken from it, viz: a
unanimous finding or twelve good
and lawful men of the vicinage, be-
fore any citizen of the State can he
legally deprived Of either, life, lib
erty, reputation OF property! And
of course the change would also
carry with ii the converse, viz: a
majority Of any particular jury en-
panelled to try the most notorious
ly abandoned criminal, might pro-
nounce him legally innocent and
turn him loose again to prey upon
society, over the protest and in
spite of the opposition of the more
intelligent and conscientious mi
nority!
Anything less than the unani-
nous verdict Of twelve men known
TO u law as a Jury, who, upon be-
ing severally called will answer
they have agreed to the finding as
presented to the Court, is a radical
change in q system hoary with age.
Is the country ready for it?
We might without being guilty
of any disrespect to n whom we
regard as an able eXpounder of the
law, very justly criticise his viola
ton Of oneof the old maxiims which
appears at the head of this article,
viz: at is the duty of q Judge to
declare thelaw and not to makeit.n
Neither making in his decisions or
Judgment where statutes and pre-
cedents must cont. oil, nor by any
other methods.
A convention Of judges bringing
to notice of the legislative depart
mentof government, any defects In
the law which they have been
called upon to administer and sug-
gestivc OF amendments to old laws
or tho enactment of new ones to
meet the requirements of justice in
their Jurisdiction, is cminentIy
proper and commendable. But an
address to the public of each county
at the opening of Court, while os-
tcnsibly charging the Grand Jury,
condemnatofy of the law or laws
which it is their solemn duty 10
administer impartially, or suggest
ing changes which strike at the
very foundation upon which the
temple OF justice is erected, as to
the ascertainment of fact, is of
doubtful propriety, and to some
minis would seem out of place.
But let that pass, with the simple
further remark, that IL judge on the
bench covered with the robe Of his
office and invested with the power
incident thereto, Is u different per-
son in legal contemplation, from
the mere man he is, as an indiyid-
ual member Of society. That there
are some things which he may with
great propriety do, as q mere citi-
zen, and considered as a mere citi-
zen acting and speaking as a citi-
zen by those who may see or hear
him, which he may not properly
do or say, while sitting as a minis.
ter of the law, in a place set apart
as sacred to the administration of
justice.
~ judge should be q man SO learned;
So full of equity, so noble, o notable;
In the process of his life so innocent;
In the manage of his Office so incorrupt;
In the passages OF State so wise; in
Affection ofhis country SO religious;
In all his services to the King SO
Fortunate and exploring, as envy
Itself cannot accuse, or malice vitiato."
In our next we propose to glance
at the history of trial by jury as it
has come down to us through the
ages, and cndeavor to show that a
change is not only not needed to
promote the ends of justice, but
would be a step backward towards
an age of tyranny and oppression.
LEN,