Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1909-01-26
LET THE MAJORITY rule.
Badly Needed Reform In The Jury
System.
Able ADDRESS BY JOHN C. SHEPPARD.
Present Plan Allows One Man to DIS
count EIeven-MistriaI Can be Forced
In Almost Any Kind of a Case.

count Eleven-MistriaI Can be Forced
In Almost Any Kind of a Case.
What is generally considered the
best address delivered in this state In
many years was that delivered in Co.
.umbia recently before the South Car
olina Bar association by Hon. John c.
Sheppard, the president of the asso-
citation. He selected his theme from a
clause of the constitution The ad-
minstration of justice and reform in
law"
We regret that limited space and the
great length Of the address, though
not one sentence too long, preclude the
possibility of our reproducing it in full.
Mr. Sheppard said the people have
great confidence in our courts, yet we
snouId not smut our eyes 70 the fact
that there are symptoms Of dissatis-
faction, mutterings Of discomfort among
the people at the administration OF
that there are symptoms of dissatis-
ton having arisen because Of the de
lays in law" and the expense incident
to the administration Of justice" This
delay has caused the people to take
the execution of the law in their own
hands" Mr.. Sheppard stated that the
ccngested docket has been one cause
Of delay, but the legislature has en-
deavored to relieve the situation by in
creasing the number of circuits and
judges. Even with the number of cir
cults increased, it is yet occasionally
necessary to hold an extra session of
court to relieve congested dockets. Mr..
Sheppard said that in his judgment
1.-The fundamental cause, the chief
cause, of the trouble which we have
experienced by our courts is the una
nimity rule as applied to verdicts by
juries."
The speaker said the "unanimity
rule" might have been necessary for
the proper administration of justice in
Edgefield five hundred years ago, but
under changed conditions in this coun-
ty the necessity no longer exists. No
where is the "unanimity rule" TO be
found except in England and the
United States.
In favoring the majority rule" in
stead of the "unanimity rule" Mr..
Sheppard said in part:
Il submit that under the existing
conditions the majority rule should be
IL, ~ n ~ f1ila n
my Judgment there are three funda-
mental reasons why the unanimity rule
should be abolished.
First. Because it is contrary to
the genius of the institutions, polit-
ical and civil, under which We live.
Second. Because it is the most pro-
life source of the delays Of the law,
from which our people have suffered so
seriously, q of which they complain
so universally.
Third. Because it is the direct
cause of large proportion of the eX-
pense that is incident to the admins
tration of justice.
Let us consider these reasons
seriatim.
First. Is it true that the una
nimity rule is contrary to the genius
of our institutions?
THE majority principle is the chief
cornerstone Of our constitutions, Fed
eral and state.
In his inaugural address Mr.. JEFF
ferson said:
"'Absolute acquiescence in the de-
cision Of the majority, the vital prin-
pie of republics, from which there Is
no appeal but to force, the vital prin-
ciple and immediate parent Of des-
potism.'
"Mr. De Tocqueville, in his 'Democ-
racy in America says. The very es-
sence of Democratic government con-
sists in the absolute sovereignty OF
the majority; for there is nothing in
Democratic states which is capable of
resisting it.
IN our traditions, among our
statesmen and publicists, we look in
vain for a dissenting voice in the uni
versal chorus of approval and praise
of this cornerstone Of our government
al fabric, so that it has come to pass
that unquestioning and universal rec
ognition is accorded to the principle
that the majority is all powerful for
every salutary purpose CBurke Coch-
RAM
IN the application of this rule ma
iority of the electoral college elects
the president OF the United States. A
majority of the members Of congress
enact laws for the government of the
people; majority of the members OF
the United States supreme court con-
stlue them A majority of the repre-
sentatives of the people in the legisla-
lures of the several states enact laws,
and a majority of the courts of last re-
sort in the states cOnstrue them.
Thus we have the anomaly, that a
majority of the representatives of the
people in the Legislature may enact
laws, but a majority Of the representa-
tives of the people on the jury can not
enforce them.
Mr.. De Tocqueville in his disqui-
sition on Trial by Juries in the Unit
ed States says:
1.-The jury is pre- emnently po-
litical institution: il must be regard
ed as one form Of the sovereignty OF
the people. When that sovereignty is
repudiated, or it must be rejected it
must be adapted to the laws by which
that sovereignty is established. The
Jury is that portion of the people to
which the execution Of the laws is en-
trusted. When an individual or a
party is wrOnged in the United States
To whom can he apply for redress? If
to public opinion, public opinion con-
stitutes the majority; if to the legiS-
laturc. it represents the majority and
implicitly obeys injunctions; If to the
executive power, it is appointed by the
majority and remains a passive tool
in it's hands: the public truths consist
of the majority under arms; the jury
ic the majority invested with the right
of hearing and determining causes.
ITO deprive the majority on the jury