The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-08-20
Choate and the Jury System.

pearing a magnificently strong voice,
representing the best elements of peace
and law, gives candid expression to
the sense of justice and fairness which
governs every human heart in this re-
public.
There is no more eminent, learned
or acute representative not only OF the
legal profession, as measured by the
true standard of American jurispru-
dence, but of the actual sense of JUS
tice dominating between man and
man, under the constitution of the
United States and the laws framed
hereunder, than Joseph H. Choate, of
New York.
Mr.. Choate delivered an address be-
fore the American Bar association at
its annual assembly at Saratoga
Springs, N. Y. This address was a
mere incident of the gathering of the
representatives of the bar of that state;
but historically the address of Mr..
Choate must assume, through the
analysis which it is destined to re-
ceive, an important place in the law
literature of this country.
L.
intellectual, scholastic, collegiate and
learned Americans who, cleaving only
to the line of professional and ma
tional duty, has done as much in his
day to elevate the standard Of respect
which the world at large must pay to
the laws of this republic as any man
living or dead. 1t may seem invidious
to appear to discard learned gentle
men like James C. Carter, Frederic
r. Coudert, George H. Hoadley, Fran
els Lynde Stetson and other men of
that quality now living, or Samuel j.
Tilden, jeremiah S. Black and others
who are dead, but who were inspired
by the same exalted spirit which has
controlled Mr. Choate in his splendid
advocacy of the jury system of the
United States. But Mr.. Choate is only
the type of those above mentioned who
are either now living or have gone be-
fore.
1t is not only an unfortunate cir
cumstance, but it is one clothed with
a mfschievous cloak, that the public,
and oftentimes the newspaper press,
have looked upon the jury system pre-
vailing under our own constitution
with a sense of waning confidence.
The nation is issuing from the
shadows of a war begun and prosecut-
ed in the interests Of human liberty.
1t is peculiarly fitting that at the close
of this struggle, when an entire world
is locking upon this country as q great
mentor, the voice Of one of the great
est, but at the same time one of the
most modest jurists of the land should
be elevated to proclaim and emphasize
the sanctity Of trial by jury and to as
Sert the purpose rather than to invite
the ACCESSIBILITY of this republic in the
direction of maintaining this elemental
principle Of justice between men.
Mr.. Choate has never held any po-
litical office. He has never sought any
such preferment. He has been a quiet,
professional citizen Of New York
throughout the period Of his useful
manhood. He has in no way been a
self-seeker. He has carried with him
through life what may be styled the
burden of distinguished name, but he
has done honor to that name, and like
wise contributed much to the general
welfare Of his country. Mr.. Choate is
comparatively obscure man, and
there is really something pathetic in
his remarks. in which he takes oc-
casion to say, II cherish as the result
Of a life's work, nearing it's end, the
belief and confidence that the old-fash-
toned trial by jury Of twelve honest
ard intelligent citizens remains
the best and safest practical method
for the determination of facts as the
basis Of judgment Of courts, and pro-
claim that all attempts to tinker Or
tamper with it should be discouraged
as disastrous to the public welfare"
Here are the candid expressions Of
opinion offered by one of the most dis
tinguished lawyers Of this country, and
of the century, in support Of that pre-
eminent theory of our forefathers, that
this must be a land where every man
should, under the law, be possessed Of
his Individual rights. Mr.. Choate
recognizes the possibility of weakness
on the bench and in the jury box; but
the responsibility for all this he filings
back upon the shoulders and into the
hearts of those who create judges and
who appear on juries. In other words
Mr.. Choate simply demonstrates the
fact that in the control Of government
as well as in the administration Of the
law, the verdict must be just what
the sense Of the people through their
representatives will that it should be.
There can be no more striking exempli-
fication Of the necessity Of obedience to
the law of a republic than that which
is afforded by the language Of this
great jurist.
The power Of the law ought always
to be recognized. 1t is, indeed, the only
symbol before which the citizens Of
a republic will consent to bend their
knees or bow their heads It's au-
thority must come from the people;
and if according to Mr.. Choate's views,
the people are honest who are chosen
on juries, their verdicts must, of neces-
sity, be honest. A judge is created by
those who elect him. He represents in
his authority the honesty of his crea-
ter. The Jurors are men of his own
community. They are selected through
court processes. Presumably they are
honest men. The entire theory of Mr..
Choate's argument is that for all time
the American citizen can be relied upon
as juror or as judge to distribute
exact justice among his fellow men.
One cannot avoid admiring a patriotic
and manly position like this, or the
intellectual personality Of the man who
occupies 1t. If Americans are going
to deride and sheer at the sources from
which they hope to compel justice to