Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1909-01-20
powerful for every salutary purpose
3Rnrke Cochran.

Z "a - ~ slralIs =.
powerful for every salutary purpose
{Burke Cochran.)
I'm the application of this rule a
majority of. the electoral college
elects the president of the United
States. A majority of the members
of congress enact laws for the gov
ernment of the people; a majority
of the members of the United States
supreme court construe them. ANA
jority of the representatives of the
people in the legislatures of the sew
eral States enact laws, and major
itylof the courts of last resort in the
States construe them.
THUS we have the anomaly, that
majority of the representatives of
the people in the legislature may en-
act laws, but.a majority Of the repre-
sentatives of-the ,'tople on the jury
cannot enforce them.
3fr. De Tocquevillein his disqui-
sition on Trial by Juries in, the Uni
ted States,' says:
THE jury is pre-eminently po-
litical institution;.it must be regard
ed as one form of the sovereignty of
the people. When that sovereignty
is repudiated, or itmust be rejected
it must be adapted to the laws by.
which that sovereignty is establish
ed. The jury is that portion of the
people to, which the execution of
the laws is entrusted. When an indi-
.vidnal or a party is wronged in the
United States to whom can he ap-
ply for redress? If to public opin-
ion, public opinion constitutes the
majority.if to the gisleture, it rep
resents the majority and implicitly
obeys injunctions; if to the execu-
tive power, it is appointed by the
majority and remains a passive tool
in its hands; the public truths. con-
tsist of theimaj jority under arms; the
jury. is the majority invested with.
the rightof hearing and determining
causes ..l
TO deprive the maj oiity, on the
jury of the srightito enforce the law
as enacted by a majority in the Leg
islature is, to invest the minority of
the people with the power to nullify
the law, and that very condition has
been experienced in this State.
1t is not alone in the Legislature.
and in the coufts that we hold the.
majority principle supreme, but it
u.s. leep sIlalesdl a siinshee Sections
;pf the people, and they are 50. loyal
:in@its maintenance that they apply
it totalI their affairs, religious, so
cciaI and material. The majority
rule prevails mainly in the conven-
tons of the Baptist church. in the
conferences of the Methodist church,
in the synods of the Presbyterian
church and in the diocesan conven-
ton of the Episcopal church. Like
wise when our people combine their
capital and organize banks or manu-
featuring or commercial institutions,
a majority, of the stock controls the
policy of the corporation. The same
rule prevails in our social organiza-
tions.
s'Thus we see thatit is in the jury
box alone that the majority rule
does not govern.
''It is inexplicable that this condi-
ton has been permitted to stand for
SO long a time; the fact illustrates.
the conservatism of the American
people.
dent in each and every state in the
Union / find a distinct trend of
thought in favor of the modification
of the unanimity rule. Various
notifications have been adopted in
many of the States, and I hazard but
littlein recording the prediction that
the time is not far distant when
change will be,aceomplished that will
be more consonant with reason and
more consistent with time honored
majority principle which prevails in
the most important affairs in which
49,. ,>oor1a ora nonparnp6 81
s'sI trust that the members of the
South Carolina bar will assume and
maintain the leadership in this i'm
portant matter and thus merit the
gratitude of the American people,
even as their fathers have done in SO
many epochs of American history.
Let us now consider the second
and third objections to the unanim
ity rule, to wit; is it true that this
rule is the most prolific source of the
delays Of the laws, and is it true that
it is the cause of large proportion
of the expense that is incident to
the administration of justice in our
State?
These two questions may be con-
sidered together, for it cannot be de-
MED that whatever causes delay is
likewise the cause of unnecessary
expense.
''Ihave taken the pains to inquire