The Southern Literary Messenger, Vol. I., No. 8, April, 1835Various
General
The Southern Literary Messenger, Vol. I., No. 8, April, 1835
Various
American literature -- 19th century -- Periodicals
Equally worthy to be copied, is the Massachusetts mode of constituting
_juries_. Lists of all persons qualified to serve, are kept by the
town-clerks; from which, just before a court, the town quota of jurors
is drawn by lot: and no one is compellable to serve oftener than once
in three years. _They are paid for their service._ Against juries thus
formed, I heard no complaints, of partiality, corruption, or undue
ignorance. They receive a compensation, which at least defrays their
reasonable expenses; and if there be still some burthen, it is borne
equally by all, and recurs at such long intervals, as to be absolutely
unfelt. How different is our plan, of sending out the sheriff just
before a trial, to gather in the sweepings of the court-yard! Suitors
and witnesses, attending perhaps for the tenth time, in hopes of
having their causes determined--strangers from other counties, nay,
travellers from other states--tipplers from the tavern porch--the
nearest merchants, mechanics, and farmers, torn suddenly and
capriciously from their employments--such is the medley, produced by a
system as oppressive to most of the jurors themselves, as it is
subversive of the important ends for which they are empanneled. One is
really tempted to believe, that in adhering so pertinaciously to a
system so obviously defective and so easily remedied, our statesmen
have been governed by a fixed design to bring jury-trial itself into
disrepute.
Wiser in another respect also than we, these "Bay folk" have no courts
(except for cases of twenty dollars or less) held by _men who have not
themselves studied the science they are to expound_: no parallel to
our county courts--those _crack_ tribunals of some great men, whose
admiration arises either from the want of intimate knowledge--they
having ranged generally in a higher sphere--or from their enjoying
over that bench an _influence_, flattering to their vanity, and
blinding to their judgments. How long will the public attention
sleep--how long will the hand of reform be palsied--when will an
attempt be made to cure the unfitness of these courts for the weighty,
multifarious, and difficult functions entrusted to them?--the
ludicrous, if it were a less mischievous, uncertainty of their
decisions, owing to their ignorance of any fixed rules by which to
decide?--the delays, so fatal to justice, that attend their unsteady
ministration?--the ruinous accumulation of costs, besides harassment
and loss of time in dancing attendance upon them through years of
litigation?
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