8 Wisconsin Academy of Sciences, Arts, and Litters. 



then tell them substantially what facts they shall hand back to it, 

 as found by them, it is apparent that we have an institution which 

 has little setting in reason and, as matter of fact, has little respect 

 with those familiar with it in practice. 



In trial by jury to-day we have a marked instance of an insti- 

 tution, sapped of its strength by the growth about it of a multitude 

 of petty restrictive details. Force that does not go to stalk, goes 

 to shoot, till life is smothered by its own abaormities. 



IN CIVIL CASES. 



That trial by jury in civil cases is not an essential element of 

 civilization, and is not necessary to industry and commerce, is appar- 

 ent when the fact is known that jury trial in such cases has never had 

 place on the continent of Europe, was not in fact introduced into 

 Scotland till a period within the memory of men still living. 



Lord Mansfield, toward the close of his illustrious career at the 

 end of the last century, advised against the introduction of the 

 jury in civil cases into Scotland. 



Lord Campbell said that the principles underlying Mansfield*s 

 objections were unfortunately overlooked when jury trial in civil 

 cases, in 1807, was introduced into Scotland. He further adds, 

 " The experiment, I am afraid, has proved a failure, and Lord Mans- 

 field's objections been fatally verified." 



While as much as this would not be allowed by all Scotch law- 

 yers to-day, yet the claim is distinctly made, that all the advan- 

 tages which have arisen in Scotland with the introduction of the 

 jury system are not due to that system at all, but are due to a con- 

 temporaneous rectification of the Scotch system of pleadings. 



Trial by jury in civil cases is distinctively English in origin and 

 limited in practice to England and the colonies — Scotland being 

 allowed for as above stated. 



Great Britain and America do not transact all the business of 

 the world. There has been done and is doing a vast deal of busi- 

 ness on the continent of Europe. If all this business has been 

 transacted without the jury system in legal matters, we may at 

 least conclude that that system is no social necessity. 



If there has been and is no call for the establishment of the 



