Page:The Green Bag (1889–1914), Volume 14.pdf/281

 246

There is an increasing tendency to disre gard the ideas bequeathed to us by our an cestors, and there is a tendency practically as strong to resist any encroachment upon the settled maxims and customs of our fathers. This is the case with the develop ment of the jury, and it is the stern opposi tion of these forces which has maintained

the jury in practically its early form and duties. The institution as a whole we may say has been of great service, and even the unanimity requirement has not been with out its value; but it is time the system should be purified, its true nature known, and its form adapted to the benefit which it is calculated to produce.

LONDON LEGAL LETTER. Aprii., 1902. THE war in South Africa has raised a great many questions, but none of more interest than those connected with the claim of citizens of friendly Foreign Powers against the English government for damage for wrongful arrest and deportation by the British military authorities. Most of these claims grew out of the wholesale arrest in Johannesburg of those who were suspected of being concerned in what is popularly known as the " Race Course Conspiracy " to murder Lord Roberts and other English officers after the British forces had occupied Johannesburg and Pretoria. There were a number of other demands, and among them those of employes of the Netherland Rail way, but the greatest interest centred about those relating to the " Conspiracy." Several of the persons arrested for complicity in the affair claimed to be American citizens, mainly, however, of foreign birth. After their deportation and return to the United States, memorials were presented on their behalf to the Secretary of State who in structed the American Ambassador to seek redress from the English Foreign Office through the usual diplomatic channels. It was found however that the claims, including those of other powers, were so numerous that it would be inconvenient for the For-

eign Office to deal with them, and a Com mission was therefore appointed for that purpose. This commission, which consisted of a King's counsel, two army generals, an ex-Indian judge, and an ex-Boer legislator, sat for sixty-five days, during which time no less than 1581 claims were examined. Of these only fourteen were preferred by Ameri cans. The Commission heard some of the claimants in person, but in the great majority of cases they were presented by the various governments, either through counsel or some official connected with the respective em bassies. The procedure was very simple and was mainly characterized by an absence of all technicalities. The petitions, or memorials, were in some cases not even upon oath. They were, nevertheless, received, and hav ing been read, they were answered, so far as possible, by the representative of the For eign Office, who stated the particular grounds upon which the claimant had been arrested and deported. After this the further hearing of the case was adjourned to give the claim ant an opportunity to procure evidence to rebut the charge against him. In each in stance, there was upon the facts very little controversy. Most of the arrests had, as before stated, been made in connection with