Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-04-19


tuition is the power Of attorney, under which we act
and no argument of expedency should tempt us to
transcend It's authority. But the jury trial Is also
held sacred by the Bill of Rights Gin all capital or
criminal prosecutions" The command to preserve it
IN "crimnal prosecutions is not more imperative
than the command to preserve it Gin controversies
respecting property" But is there Senator here
who would invest Judge with power To try strea-
sons, murders, and telonies," Would not this be
dangerous power TO confer upon single Judge?
would not ms preJudices, personal, religious, po
lltIca, be likely to influence his decisions and thus
deprive the citizen of fair trial?
IT, then, he cannot be trusted with criminal uris-
dicon he should not for the same reasons be trust
ed with jurisdiction .controversies respecting
property, without the Intervention of the Jury trial
The subject matter of the trial is not calculated to
purify the Judge to dvest him of the infrines of
his nature But while the bill leaves the criminal under
the protection of the jury. places the honest at
the mercy and discretion of the Judge. Sir the one
is as much entitled to the blessings and benefits of
the jury trial the other But property is a subject
too dear to the human heart to be disposed of by the
dictum of Judge. Property, and the considerations
growing out of 1t, constitute the foundations of all
civilized societies These foundations are overturned
by the revolutions of the world for the acquisition
OF property. The desire to accumulate property is
the most powerful impetus to human action. The
cupidy of ill induce him to encounter
every danger; to put in peril, life, limb, and
reputation TOR the obtainment of property. Let ii
never then be taken from him except by trial of
his peers. Let US say to Virginians, lin whatever
! system we may adopt what magnd charta says
| to every Englishman: "tEat no free shall be
hurt either in his person property, niS per iegaie
iudicium parium vst per iegem tcrrr !" If
your chancellor be an honest man, his decscon will
be honesti but far preferable is the solid substantial
constitutional! verdict of "twelve good men and true"
Yes, sir, good men. Boni homines. But if your
chancellor be dishonest, the discretion conferred
upon him IN the bill would enable him to practice
system OF plumber & piracy, upon those who may have
excited his preJudces, and who are so unfortunate
as to be drawn within the vortex of his judicial pow
err And where shall we find preventive, but in
the jury trial. Where remedy for judicial tyranny if
we are to be deprived of this first preogatve of free
men! Is 1t to be found in all appeal. or in an i'm
peachment! The reversal of decree, uponan APPEAL
10 no proof OF guilt, and The secret hidden cunning
OF judicial corruption, will rarely be exposed to the
effects OF successful impeachment. Whatever conf
dence may have in our judges, cannot consent
to inYest the judiciary department of the government
with despotlc powers the property of the
people, which sEe- not sSnctSne9 by the censttu-
tion--nor can consent to make Judge des-
pot IN power, lest he may be despot in prac-
siee. But, some gentlemen believe that the nno-
vssi0ns proposed by the substitute are too sudden:
that the people are not prepared for theu and that
this Is not the proper time for such radical changes
Innovations upon this subject, have always been
dreaded Weare told Of the pious horror which was
excited in England at the innovation, which required
the Pleadlngs to be written in English, instead Of
Latin. This people, sir, are expecting innovations
upon tns chancery system; to effect which, was one
of the objects of calling q convention. /, will be
remembered that the old Constitution required that
1"uses N CnanceTy should be appointed. Hence it
was believed by many, that the jurisdiction there
tered upon Chancery Courts to try causes without
Jury, was legitimate notwithstanding that clause of
= the bill OF rights which commanded the Jury trial
IN controversies respecting property" But the new
Constitution makes no alluslOn whatever 10 Chance
ry Courts or to chancery jurisdiction, but REQUIRES
'such Superior Courts the Legislature NAV from
time to time establish" 1t moreover provides, that
THE Jurisdiction ofthese courts, and Of the Judges
thereof shall be regulated by ilo" But this authori
ty to regulate their jurisdiction "by Luc" confers n,
right upon the Legislature to violate the first ar
tlce OF the Constitution, which says that the Bill of
Rghtsls the basis q foundation Of the government"
nor does 1t confer upon the Legislature the RIGHT
to regulate their jurisdictions as to conflict with
that provision OF the Bill of Rights which guarantees
the jury trial Gin all controversies respecting pro-
perry" The Bill of Rights is us applicable to
Chancery Courts, and to 'ChaBcery controversies
respecting property to law Courts and to law
| controversies respecting property" Ifths be not
It's legitimate construction, then may the Legisa-
ture at any time get clear of the Jury trial altogether
by extending the jurisdiction of the Chancery Courts
over all controversies that cognizabc in the
Law Courts TIE British laws and the British pre-
cedents, which may have adopted must all yield
to the paramount authority of our own written con-
stluton. But if the constitution silent upon
the subject, considerations of policy should forbid us
to surrender this mode Of trial 1t more congenia to
the nature Of our government g. to the freedom ofour
Republican Institutions than any other Tribunal It
is always public. 1t brings the Judge, the iury the
witnesses and the parties litigan: face to face: it
thereby invites full, free, open, unresraned discus
sion, and compels an honest decision
| Juries are the best judges of right and wrong.
They can arrive at the truth of question with un-
eETDg certainty, and controversies respecting pro-
perty and suits between man and man" are tried
upon the plain legal and equitable principles ofarbi-
tration The people thus retain their proper share in
the administration Of public justice; and they are
tried by themselves, by their neighbours in manner
which ensures justice, and prevents the possibility of
judicial oppression.
If gentlemen like not this method of trial let them
reflect upon the in which our iuries are i'm
panneled, and treated in this state. Under proper
laws and regulations, the jury trial would deserve all
the eulogums, that can be bestowed upon it.
trust then, that shall never yield to the sup-
gestcd expediency Of barterng this precious nherl-
lance, this bIrhrght Of freemen for the ideal advan-
tages Of a more learned tribunal.
But hear sir, what Judge Blackstone says in ad
vocation Of the jury trial: when the jury have
given in their verdict and it is recorded in Court
they then discharged And SO ends the trial by
jury: trial. which besides the other vast advantage
we have occasionally observed in its progress is also
as expeditions and cheap, is convesient eouita
Bile, and certain: for a commission out OF Chancery
or the civil law courts, for examining witnesses IN
one cause will frequently last as lonp and Of course