Year: 1865

! IL


fore final action is taken upon this bill, it is
. probably due to the Senate that should ex-
press my reasons for its passage, and the mo-
tives that induced me to introduce the subject


contained in the bill for further consideration
in this Senate. And ] regret exceedingly,
sir, that am forced to the alternative of con-


sidering its merits in the light of local legis-


lation, when the. principle upon which it is


based is so manifestly just and equitable IN all
its provisions and intentions, and so apphca-


BILE in all its judicial relations to every section
of this Commonwealth.


/ believe, sir, that the action of the Senate
upon the public bill that called up for con-
sideration few days ago, of which this is al
most literal copy, will be much regretted
hereafter, for the hasty uncerimonious treat
ment it received at that time ; and feel as
| sured, sir, that when the venerable Senator
from Lancaster, and the very able Senator of
Berks, coupled with that of my special friend
from Erie, come to reflect upon the course
| theypursued in its debate, they willyery much
regret that they were instrumental in defeat
| ing a measure, so well calculated to reform
| and purify that, which above all others, should
remain free and untrammelled from political
| intrigue, party preiudices, or corrupt infiuen-


ces, come from whatever quarter they may
mean the Jury b0r.


/ Did not there seem TO be an almost absolute
necessity for changing the law relating TO the
| drawing Of jurors and did not, sir, the signs
of the times indicate the lamentable fact, that
| il many of the counties of this Common
! wealth we are fast drifting into that vortex of
disunion aud bitterness Of feeling, even in


cur courts of justice, ike in the political con-
test, would be 10th, sir, to attempt anything
of the kind.


No man is more opposed to interfering with
tho rroH ratr,ilafo2 tFss of tn land that am


and no one viii go further to maintain them
in all dignity and supremacy than / but


when it is manifest to every careful observer


that great evil, like a secret and insidious
serpent, is coiling its deadly folds, not only
around our body polite, but silently and Sc


cretly entering our courts of justice, insinua


ting itself into its uery Jury Dor, infusing its
deadly poison among Its sworn inmates, in
whose hands the lives, the property, the char


acter, yea all that is sacred to man depend,
it is high time to awake from our lethargy,
and arise and throttle the enemy at the start.


1t may be, sir, that this necessity has not
yet lien in every county of this Common


wealth, and rejoice 70 learn that the polit-
cal atmosphere Of the counties represented by
the Senators from Erie, Lancaster and Berks,
has thus long retained its virgin purity, as 70
require no legislation upon matter Of SO
much Importance to many other section of,
the State


i must confess, sir, that do not breathe so
pure an atmosphere that however fresh and
invigorating our mountain breezes may ap-
pear to be, our political current has become
more or less contaminated; and although
there may be counties in this Commonwealth
that have never yet had occasion for q change
in the law referred to, the time may come
when crime may originate through political
iefluence, and when the officers intrusted with
the selection of persons TO serve as jurors,


may all belong to tie same political party,


elected, of course, By their political friends,
and who may at the exclusion of those who,


perchance, think differently in politics, fill the
wheel only from the ranks of their friends.
Now, ask, sir, may not that contingency
arise in any county within very short period


of time ? Is there any county in this Com
monwealth so politically pure and holy, In
which the dominant party having the power
within themselves, viii not elect men who,


when in Office, do not feel under obligations
TO their friends How easy then is it not


under the present system for the officers in
trusted with this important duty, to throS tsa1o


weight Of their political preponderance into


the jury box?


How can jury selected from such panel


be called an impartial jury under such cir


cumstances Can the political culprit, ar.


raigned for trial before jury of his country


men, feel within himself the assurance of


having speedy and impartial trial, unless his
political views are in accordance with those
of the majority


| All, sir, hope it may not be the case, but
| very much fear that the day is coming, and
| now is even at the door, when those Senators


who take issue with me On this subject will
find that political prejudice and party prefer
ences, in the counties which they have the


honor to represent, are to be dreaded and
| feared in the jury room, as much so as else
where.


| Mr.. Speaker, If understand the sense of
this Senate-and gather it, sir, from its un-
mistakable policy as adopted during this and
| former sessions of this body-that even those
gentlemen who opposed the passage Of the
general bill admit that there does exist a great


necessity for a change in the law relating to


the selection of jurors in several of the coun-
ties of this Commonwealth.


The Legislature surely has had abundant
evidence of that fact from the almost con-
slant applications for change of venue from
the county of one to the jurisdiction of an
other of the courts of this State, and all, or
nearly all sir, upon the allegation of political
bias entering into the jury box, because the
offence is alleged to have been committed
controls the jury through its majority.
| Already have we changed the venue in two


cases this session, and bill has been read in


place for the third: and all, sir, upon the
| grounds of alleged political influence within
| the jury panel, and thus far, in the judgment
of this Senate, for obvious reasons. This
state of things should not be- Ii detracts
very much from the fundamental ground work
upon which our whole system of jurispru.
dence is based, to encourage anything of the
kind. And whilst shall always feel willing
| to change the venue from the jurisdiction of
any court or jury when il Is evident that the
accused cannot have fair and impartial trial
| / assert, sir, that the whole principle is
wrong--that the necessity should never arise


in a county for such change, and il the law


receive the necessary modification, its neces-
| sity, In nineteen cases out of twenty, never
| will arise. Bur long. sir, q defect ex-
lists in our statute law whereby the officers IN
| trusted with the whole matter of selecting
| and drawing Of jurors are likely to belong all


10 the same political party, which is now the


case in a majority Of the counties of this


Commonwealth, so long mil that necessity


arise.


II IS to correct This evil sir, that propose


d remedy, and in doing so ! would lay the axe


at the roet Of this gigantic political tree, and
| if possible. sever from it those surreptitious
! ont erowths that are fast prevailing the whole
body polite, and are likely to pervert il from
its true and legitimate channel.


Mfr. Speaker, in these remarks would not
i have you to understand that am opposed to
politics. 0p the contrary | believe, SIR, that