it is found, in practice, not only to succeed, but to be the safest, the wisest and the best that human ingenuity has ever devised. When closely investigated, the cause will be found in the necessity, under which the jury is placed, to agree unanimously, in order to find a verdict. This necessity acts as the predisposing cause of concurrence in some common opinion; and with such efficacy, that a jury rarely fails to find a verdict.
Under its potent influence, the jurors take their seats with the disposition to give a fair and impartial hearing to the arguments on both sides — meet together in the jury-room — not as disputants, but calmly to hear the opinions of each other, and to compare and weigh the arguments on which they are founded — and, finally, to adopt that which, on the whole, is thought to be true. Under the influence of this disposition to harmonize, one after another falls into the same opinion, until unanimity is obtained. Hence its practicability — and hence, also, its peculiar excellence. Nothing, indeed, can be more favorable to the success of truth and justice, than this predisposing influence caused by the necessity of being unanimous. It is so much so, as to compensate for the defect of legal knowledge, and a high degree of intelligence on the part of those who usually compose juries. If the necessity of unanimity were dispensed with, and the finding of a jury made to depend on a bare majority, jury trial, instead of being one of the greatest improvements in the judicial department of government, would be one of the greatest evils that could be inflicted
