Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1831-04-16

neases he is able by use and experience to keep the
evidence from wandering from the issue. In short.
by this method of examination, and this only the
persons who to decide upon the evidence have
on opportunity OF observing the quality, age educa-
ton, understanding behaviour, ana incnst ions OF
tho witnesses: IN which points, all persons must ap-
pear alike. when their depusitons are reduced to
writing and read to the Judge, in the absence of
hose who made .hem aud yet as much may be ire
Quently collected from the manner in which the ev
dencc Is delivered, as from the matter" This argu
ment, MIR Speaker, IN proof of the superiority Of
rira roee, over written evidence, is altogether irrcsis
table.
Bot another argument, is furnished. IN support OF
this feature OF the substitute, from the practicable
application OF "rGt testimony TO oil the that are
cognzabc IN the Cn Cd Sta cs' courts In the Fl, ;,
vol Of the laws Of the United States, page c. 1t Is
provided, that hc ncdc of proof by oruI r. ,,uop,
and examination OF witnesses in open Court shal be
the same IN all the courts of the iIn.ted States as
well in the trial of causes in eg.iy and OF Admiralty
and of maritime jurisdiction is of actions at com,
mon law
FROM this, 1t arPearS, that, in the ytderal courts
he!d IN our stHic oral testimony" is required be
gwen IN open court i'll the trial of causes an eouii
rms then, is what the advocates of The substitute
wish % effect in the State courts, and thereby to
St az the truth OF every question, and prevent tc
frauds, and to he cost and delays, incident to
taking dispositions But the Bill provld, MT only
for the establishment of separate chancery courts
but Tor the appointment aso of separate chancellors
thus extending and perpetuatng, all respects, the
evils OF the system 1t confers upon these the
same extensive jurisdiction over controversies re-
spccting property" which Is now held and exercised
III our present chancery courts. In our courts O
ld0, controversies respecting property" involving
sums above twenty dollars N amount, must be dcci
ded by the verdict Of jury. In our courts Of chan
Gerry, controversies respecting property involving
millions IN amount, may be decided by chancellor
And yet, the Bill of Rights, which declared BY til,
hrs article of the Constitution, be the basis ani
foundation of our Government" cmphat;caly re
IN suits between man and man. the aneicn, trial b,
Jury Is preferable to any oitcr dad a,ghi to b. he'll
sacred"
Why then, IN defiance of this solemn mandate. ,
the chancellor to be- pl,ccd upon the ruins uf tn
Constitution, and empowered TO decide "coutr rover
sizes respecting pr perry, according to ''usaues' an
conscIence, without the intervention of the lur,
trial. That moment Controversy respecting pr,,
perry nndS It's way into any court that may be esta5
!ished, whether 1t be called chauccrv or a common
law court that moment should he Constitution pro
tecl 1t, and make It the subject OF Jury t.Igl
why then, Tins unauthorized feature in the Biil
winch allows the chancellor TO make eHcroarhment.
upon that class of controversies" which are eynrrs,
~ reserved and set apart for the Jury lriaia WI,
seek by an ordinary &c; OF legislation to yioate t.C
CONSTITUTION ana To build up ndic airy system uprI
any other basis and foundation than that pl red
" trslrby Inc late ConvctuI' trust that we bay,
not been 50 long absent from our nastcIs that -,
nave forgotten our du'y 10 theD and are disposed
usurp powers, that ate not delegated The Consti
e"'oh 10 'e power VI attorney. UEuLr WhlIi
and no argument Of eX7edicncy should tempt us I,
transcend lis authority. But the Jury trial is ais
heId sacred by the Bill of Rights in a.! CAPITAL o
: crimn:. prosecutions" The command to preserve
IN "crlDlla! prosecutions Is not more imperative
than the command to preserve It en- CONTROVERSY
respecting property" But - there Il Senator hprs
who would invest Judge with power TO try TRIP
sons, murders, and teloTlcs?' Would not this p.
>, dangerous power to confer upon u single Jnd,rr
Would not his rreludces, personal, religious ar nc
lt!ClI, be likely to influence his derso11y mad ,br
deprive lire citizen 1f fair triap
IL, then, ne canhot be trusted with Criminal i0ris
dic'ian he should not for he ne rrTssns bn r,t
Ell with jurisdiction over CONTROVERSIES resna- j.,
property, without the intervention Of the ,ury
4, thc SUBJECT matter Of the trial il no, calcu,otnd
purify the sndse or TO dlvcst him of the nfiru,es
Ills natur Bui while the bill leavest he crir,l p,e
the Protection of the jury. places the honest uaD
the meEcy and discretion Of the Judge. Sir -, o.,
Is as much entitled 10 the blessings md bcno,;t 9
The jury tEa rs the O1her But property is n snljc.
too dear To the human heart go dsprSoJ of nv b
dIc'um ef Johyr. propHriy, end rho consideration
growing out Of n, constitute the foundations of nj
cvii'2ad socletia These foundations are OVERTURNED
by the revo!uons ot the world, for the acua-,tlo
OF property. The desire TO accumulate prupeity !
the most powerful impetus to human action 'rb
GIpldhy OF man Will induce L;n to encouuts
every danger; 10 pat ~ peril, life, limo an
reputation TOR the obtaInNent Of property. I.e, j
never then be taken from him except by a trial O
hS peers. 1aet vs. say to TUgnIans, lin wbatoyel
to every EogShtnen: that free man shall +,
hurt eter III hs person or pl " ery nisi per Le;.g
J"a'ctHR' Par7nAl S"'ram osI per hSen terre
your chancellor be an honest MAJ. us declscion vii
: Do honest bur far preferable IS tL. solid suhstaa
G0Hs'hu'i'Aa' verdict of''twelyc goad Oen aud true
I Is, SIR. good men. BOai homtnes. Gut If you
chaicriOr be diahonest, the discretlon CONFERRED
upon Inn Ia the bill would enable him ~ Uvac,cc
system u plumber piracy upon those wis 10 ny have
excited has prciudices and who are SO un,ri unat,
Is 10 oc drawn within the vortex Of hts juGcirl e#
or. And where shall we fad preventive, but e
'he jury tIai. Where a remedy for judicial tyranny
we are TO DC deprived Of this first prcrogltive Of hes
men Is 1t to be found ia an appeal or IN an I'M
pe"chhent: me reversal Of decree, uponan appeal,
Is no proof Of guilt and he secret hldl,n cnnr,in,
OF Judiclal corruption, will rarely be exposed to ,.
elects OF successful Impeachment. Whatever conf
uence may have IN our Judges, | cannot consent
10 invest the Judiciary department. Of the government
WHO desPouc powers over the property of the
people, winch are not sanctioned by the consiitu.
uoh-nOr can consent TO make uipo n dos.
pot IN power, lest he may be- dcspot IL prac-
tee But, SOME gentlemen believe that tho limo
! INA pspIl o.. -.