Year: 1866

4 Petition 10 the Legislature on Foot.


The following paper has been drawn up in
the form Of a petition TO the Legislature,
and is being numerously signed by the citi-
zens OF Memphis:


To the Honorable Senate and House Of Repre-


sentativcs Of the Legislature of Tennessee:


The undersigned citizens (of the CITY of
Memphis, and county Of Shelby, in said
State respectfully present TO your honor
able body that, in their opinion, the safety
and security of the lives, persons and prop
erty OF this community require that a
thorough reform Of the present jury laws, as
well as other provisions Of the Code Of this
State should be effected at the coming ses-
sion Of this Legislature in November.


In support Of the prayer Of your petition
ers, they deem il sufficient 10 state some of
the abuses incident Of the law as it now
stands


1t is a matter of public notoriety that
crimes Of the highest magnitude are Of such
frequent occurrence in our midst as to excite
the just apprehension and alarm OF all law
abiding citizens; that arson, robbery and
murder, particularly the latter, are Of such
constant occurrence "a scarcely 10 excite sur
prise in the public mind while Of the num-
erous murders committed in this community
since the reorganization Of the State, although
many have been tried by the proper tribunal,
not one has resulted in a conviction. To
such an extent have these abuses been car
ried, that there is no longer any security for
human life Men, of innocent and blame
less character, have been shot down in the
streets in open daylight, as well as at night,
in the presence of numerous witnesses, with
out provocation or excuse, and vet when
brought to the bar Of justice, the murderer
has been invariably acquitted. Human life
is no longer protected by the shield Of the
law, but, on the contrary, that law is made
the sluce-gate through which the worst of
criminals escape punishment


That one great cause of these abuses is the
almost universal custom Of carrying con-
cealed deadly weapons, especially among
the vicious and depraved and those who con-
stitute that class known as criminals.


That the experience of our courts of JUS
tice has demonstrated the impossibility Of
convicting any person charged with murder
of any phase of the crime, il the defendant
has influential friends, wealth, or able coun-
sci 10 defend him.


That the competency Of jurors is at pres
ent determined by their own testimony by
means of which in most important cases the
worst class Of citizens are very frequently
selected.


That the present system Of special pan
els in each felony case tends directly to this
result.


That the extraordinary number Of pre-
cmptory challenges allowed the defendants
in felony cases tends to the same end, en-
abling them to pack the iuries before whom
they are tried with their friends and confed-
crates In crime.


As a remedy for these evils we respectfully
recommend


That the carrying Of concealed and deadly
weapons Of any kind shall be prohibited by
law and conferred to public officers and such
persons as may obtain such privileges from
proper authority, and that a violation Of such
law shall be punished as a felony.


That instead Of the present system Of sum-
moning unknown and irresponsible men as
talesmen TO constitute whole panels and iu-
ries in felony cases, that permanent panel
Of Jurors from the body Of the county may
be selected for service during each term Of
the court, sufficiently numerous 10 meet all
challenges Of either party.


That in criminal cases the number Of pre-
emptory challenges may be reduced 10 such
standard as is recognized by the laws of Con-
gross and Of other States.


That all property qualifications for jurors
may be repealed, SO that the householder
and the freeholder shall alone perform this
duty.