The Delaware gazette. [volume] (Wilmington [Del.]) 1809-1810, 1809-12-13

E3At the circumstance OF such an appeal |
Shews fully the power OF court over ver-
dict, and the danger from tina. power-or,
in other words, how much the security of |
the simple Jury.trial is impaired by admit
ting Judges to direct and influence the Ju.
ry-insomuch that it is no longer Jury.
trial but Court.trial.
Admitting then that arbilrators are sub !,
stitute for a jury, and the award in place of
verdict, it will follow, Ina, no appeal what.
ever ought to be from the award more than
the verdict neither is there any in cases Of
arbitration or reference where both parties
consent to the rule. But the law in Penn.
sylvauia having given the riyhtof reference
10 one party and rendered it compulsory on
The other party, very serious question a.
rises how far it is either constitutional or
sound policy to reader the award now rs
obligatory as where both gave CONSENT
Most Of the state constitutions have de-
elaration in favor Of trial by jury, and at
the same time have provided for erecting
courts of chancery, where no jury is en-
ployed, although the most important bust.
ness is there decided at the request CT suit
Of one party and compulsory with the other,
which is equally prvasion of trial by jury
with reference: from whence it would ap.
pear tba. the true meaning Of the cons.i,o-
ton is, merely in criminal cases to secure
the jury trial. But admitting there is no
constitutional impeachment to the reiereuce
law without appeal, it safe and the bes.
policy TO make the award as binding as the
verdict of jury (Which is the case where
both parties consent to relcr) This qnes.
ton being of doubtful solution, seeing a.
buse may be practiced on either side tina;
is, if the appca! be given. it will be used
for delay and may be managed 81 the pyo.
fession so as to destroy the reference law
while, on The other hand, if there be no
appeal, ariful parties may practice upon The
weakness or corrup,ibli'y of arbi,rators to
do injustice, which the RICH. of appeal will
deter. II seems desirable 10 fall upon some
middle ground which might obvia.e all
these difficulties.
The middle ground might he found,
presume. in allowing an appeal to jury
trial. That is, LEI the sheriff Of said coun.
ty h,',d monthly court specially to hear
sppeals, and have rann-l Of jurors ready
as at the present terms. BY this cours.
the parties would not be d;:cs,ed Of III,
trial by inr,. The influence of the cour
would he obviatet. The secret manages
ment of auornies would be ex.!uded---,h,
temptation to delay would be removed, ant
fair public trial, with little delay or ex
pence, afforded 10 such as were really ag
grievsd.
1t will not be pretended this plan is un
susceptible of o5iccton---hat is imposs
BILE. Ar,ful mel whose interests are deep
ly affected would find fault with HIGHWAY
to heaven. 1t is sufferer; if the L:sin,cr
ested can find in this plan such an admins
tration Of justice as will afford the best Sc
curity for property with least expence an,
delay. and without 'renchiug on the lc,,e
orspirit of the constitution.
Candour and truth will warrant US TO b
assured Of the direct and indirect OPPOSITE
on of the profession, including bench, ba
and every one who receives money from
court business. The people have no RICH
either TO complain of such opposition o
expect otherwise from pref. ssiAn who's
interest conpels thcm to resist an impend
ing iriury. Bat the PEOPLE whose candou
thus admits their ob.ying the dictate OF in
sercs!, ought to have SO much suspicion c
their motives as to turn deaf ear 10 a
they say against il. The people shout
remember, that the business of a lawyer
to make the worse appear the bette
cause" and the e!ore to be guild d by Their
IN es,asshlng system of admnisteiin
justice IL as contrary 10 reason as to les on
party decide the cause on trial. Neilhe
would it be less aindicious to give he dis
satisfied party in the rcsert nee AN appeal ,
"a CORPS 81 enemies - the plan, which, woul
NOT only be to place the appellee at The mel
ey Of a hos.ie party, but subjsc, the sys,e,
itself To destruction.
II cannu, be AT this time a qnrs.io,
whether Ire reference is good s, stem ,
administering justice, or not. Tha, poi,
must be PROFESSIONALLY decided in the ut
versa! appreciation Of admiration among II
ees., the mos, pcacealle and the most pic,
men, where both parties agree. The on