Excerpt from The International Monthly, Vol. 5: A Magazine of Contemporary Thought, January June, 1902
Perhaps nothing in our system of administering justice has received more encomiums than "the jury." By many it is regarded as the great factor in securing and preserving Anglo-Saxon liberties, and is looked upon with something of the veneration with which the Hindoo bows before his idol. Any talk of destruction, or even of change, seems almost sacrilegious. It is an ancient institution in Anglo-Saxon history. Its origin is lost in obscurity. Blackstone says that it has "been used time out of mind in this nation, and seems to have been coeval with the first civil government thereof." Some traces of the jury were found in nearly all the nations of Northern Europe which adopted the feudal system, and it probably came into its present form only by slow growth. But, however it arose, no one can doubt that it has a strong hold on the affections of all English speaking people. "In Magna Charta it is more than once insisted on as the principal bulkwark of our liberties"; and though some eulogies may seem extravagant, it has been one of the most valuable institutions in our history.
Today it has become the object of attack and criticism. By not a few it is thought to have outlived its usefulness; they believe that it is the part of wisdom to abolish it entirely and to substitute some other mode of trial, - more, as alleged, in harmony with the spirit of the age. I do not agree with these radical views.
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