Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1804-09-15
III LIZ GIFTS sikoLE.J

( spirit oil concession; In cases, in which
their feelings are but little interested,
they wIliieel constant impulse to sacri.
nee their, own. opinions in order 10 get rid
OF an irksome; duty. Facls abundantlv
shew the extreme difficulty of obtaining
the concurrence of twelve. men, or that
under the restraints imposed upon them,
they too frequently compromise, or sub.
lnit TO lot, their varying opinions. Hence
the truth rs that this boosted rampant has
already lost much of It's original character,
ana Is experienced IN many instances to be
an EVIL rather than a benefit. 49,. .,..
;, lhat II IS promotive Of delay is most
obvious from a single consideration. In
proportion to the difficulty Of obtaining
The concurrence OF twelve men will be the
difficulty OF diawipg an aGlion to a close
ana the history OF counts proves that Jury
ai'er Jury Is frequently dismissed from
their inability TO agree. :,.
go In proportion 10 ,he delay will be the
expense, IN addition to other sources Of
expense y | IS self eviden. that the time
consumed IN jury trial by twelve Jurors,
three or four Judges and ATTENDING oilers
OF the court, will occasion much great.
er'e%penSe than the expense attending a
body OF three arbitrators. -,
GO obvions are these considerations, that
II IS snpeilluous further to illustrate them.
he good sense of every Intelligent. mind,
untettered by deep-roo,ed prejudice or in
'erest, must perceive that the unwieldy
machinery of jury trial is necessarily
Promotlve OF great waste of time and
money, compared with the simple prinCi.
pies OF arbitration.
he result OF these remarks is, that pro-
Psrtyis hot at present adequately secured.
hat 10 give 1t tits security, and 10 era
aicaie the greater portion of frauds exist
ing among men, it is necessary to esta-
bhsh plain and concise code, in which
the unmeaning and obscure jargon of the
Law shall be reje6led.
Ard that the principle of arbitration
should, in civil Cases be substituted in the
room of Jury trial.
Our political code has undergone decf.
sive reform. Our statesmen have, with
fearless hand, established our govern.
ments upon new prime pies; and every
step they have taken, has advanced the
public good. Under The sacred name of
liberty they resolutely determined to throw
aside all temporising. Perceivlng III in
dlssolubie connection between covern-
meht add the protection Of individual
rights, they concluded those systems un-
worthy OF adoption or imitation under
which these rights were the spor, of w.
rants. Events have shewn that thew
thought correctly, and by their reforms
liberty has been placed on an adamant,
whose strenglhlIm only serves 10 increase.
On one subject alone hey seem to have
been irresolute. They hesilsled 10 esta.
olish new system IN relation TO the rights
oil property--So vast is this obiecl, and 80
ultimately interviewer with the happiness
OF every member of society, that We shall
but lmperfectly reap the fruits of on, re-
yoiuuon, unless the principles upun which
II was conducted shall be applied To il. On
them viii depend the secure enjoyment
by every man Of the fruits Of his labor, &
the prevalence Of morals. Tor so radi-
caliy vicious is the present system, tina, il
is no less fertile in the production of
fraud, than feeble in accomplishing the
object Tor which il was dew ed.
30 seDslbiy too, are the rights of pro-
perry telI BY every man, that we shall in
VAN expect a complete satisfaction with
our political institutions, however prsser.
ValiVe Of freedom, unless these rights are
adequately secured; aud tho there NAV
be no real connection between the one s.
The other, events will Shew tina; eenetal
splrit OF discomfort W tn respect to the laws
that regulate property will soon extend IL
sell TO the systems Of Cove nmcnt under
which they are allowed. The mind Of
the citizen will MOI discriminate between
them. Ascrbing the evils he feels to the
government, discomfort will run into ba-
tired and will readily lend his arm 10 sub.
vert it.
there are some evils Of a local and tenn.
porary nature that admit Of partial cure
but there are others which deny all pai,ia.
tiVes, and which time or uuackine only
serve to aggravate. Such is the evil Of
which we now so Justly complain. Ciyi.
Used man owes so much Of his happiness
to the acquisitions of his labour. whose
secure enjoyment he views as the solsce
OF his declining years, that, however he
may prize freedom, he will be apt to view
II as doubtful blessing unless il protects