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


time to time establish" l, moreover provides, that !
the jurisdiction of these COURTS and OF the Judges
thereof, shall be regulated by Iac." But this authori
ty to rcnlats their jurisdiction by iic" coniers no
right upon the Legislature 20 violate the first ar
uclc Of The Constitution, which says that tho Bill c
Rights tho basis L. foundation OF the government
nor does 1t confer upon the Legislature the right,
To regulate their Jurisdictions Us 10 conflict with
tnat provision OF the Bill OF Rights which guarantees
the jury trial "in all controversies rsspcc,np pro-
perty" The Bill of hgh.s is rs applicable to
ohahcery Courts, ard to "Chanccry controversies
respecting properly ms to law Courts, and to law
controversies respecting properly" lfths be not
i'S ieS"'mate Construction, then may the Legisla-
ut" AT any time get clear of the jury trial altogether
~ extending the jurisdiction OF the Chanccry Courts
over all controversies that cognz Fable in the
Law Courts The British laws and the British pre-
ccdcnts, which We may have adopted must all yield
10 The paramount authority of our own written con-
sii' ution. But II the constitution sen, upon
the subject. considerations at policy should forbid
To nder tn mode of trial. |, conQonal Ia
the nature Of our government to the freedom otour
Republican Institutions than any other Tribunal. Ii
is always public. Ii brings the Judge. the jury. tho
Witnesses. and the parties htgun:. face TO face; it
thereby invt full. frr, open unrcs ranud discus
sion and compals an honest decision
Juries the best Judges of right anu wrong.
They can arrive at he truth of question with un-
errng Certainty, and controversies respecting pro-
Perty and suits between man and man are tried
upon the plain legal and equitable principles of bi-
]
the administration Of public JUSTICE; and they are
tired by themselves, by their neigh ors in manner
which ensures justice, and prevents the possibility OF
judicial oppression
Ii gentlemen like not this nc;hcd of trial let them
reflect upon the manner in which our inrcS are I'M
! punnellcd, and treated in this state. Under proper
laws and regulations, the jury trial would deserve Ill
the culcelun's, that can be bestowed
/ trust then, that shall never yield 10 the sur-
gcst"d eXpcdIcncy. OF bateng this precious nheri-
tancc, tbs brhrlsht at ifa'ueU for tao ideal alvam-
tageS OF more learned 'rib nal.
/ Blu, hear sir. what Judge Blackstone SAYS in al
vocation of the jury trial: "Whcn the jury lave
gwen III their verdict aud i recorded IN Court
they then dschar gad. And so ends The trial by
jury: trial, whch besides the other vast advantage
we have occasionally observed III prcgrrss is disc
Is expeditions and cheap, couve.icnt. eGuta
bic, and cCtraIn for Il commission out Of Chanrrrv
or the civil law courts, for examining witnesses n
hns cause, will frequently last as lonr and of course
be ul As expensive as the trial of hUadrcd lssucs
nis pms; and yet the fact cannot b. ctrnncd hy
such commissioners at all; not till the Deposition:
are published and read at the hearing Of the cause
IN Cosrt. Upon these accounts the trial by jury
ever has been, and trust ever will be Inc glary O.
the English law. And fit has so great IN ady2r,.o
over others III regulating civil property, now r,uc
must that advantage be Heightened WhCn is apple
TO criminal cases! But this ;r.ust refer - m,
ensuing book OF these Commeui. lrss only obscrvn,
Tor the present. that 1t Is tho mos, tr,nsccnden
privilege which any subject can enjoy or wish f.,
mat he cannot DC ait"ct'L either in has property hi
Liberty or his pefson, MI by the unanimous cons,u
VI '"c,' eotais ~ -'.oours ana equals CrnslItu
Ltoh 'hol m' Venture TO afirm-has. under provl
aehce' secured me Just lJertes ofthjS nation for
ohg succession ages. And tIarcfnrc a celebrated
f'hC' writer who concludes, that because Rome
\ SP'rta, aud Carthage lost their liberties therefore
thnse IN England III l!me must perish; should nav,
FccoIIected THAT Nome, Sparta, and Carthage at tin
time when their liberties were lost were strange r
IN the rial by lury."-"Fhc impartial administrator
ct justice which SECURES both our persons md on
properties, is Tie great cud CT civil srciety. BIZ
II That be entirely entrusted to the Magistrates
st!ert body Of men, and those gpaoral!y selcctc
oy the Prnce, or such as enjoy the highest office
in tha State, their decisions in spite of their own naiu
ral integrity, will have frequently an involun,ar
bias towards those of tiroir own rank and DIGNITY
: It Is not to hn expected from human nature that Ii
Jeio should uways be attentive TO tho interests AIT
goed Of Tie maAy."----' But IN settling md ad
Jus'ing question of fact, when entrusted to sin
gle magistrate lnrtiality and njuscc havo an ample
held 10 fanso IN; either by boldly asserting that /,
te proved which is not so, or by more artfuIll
suPposins soIne circumstances, stretching aod warp
Ds others and Distinguishing away the remainder
I -"ThIs therefore preSumes in the hands Of the peo
pie that siiara which they ought to have IN the adj
mInIstralon OF public Justice and prevents the ell
croacbInent OF the more powerful and wealthy cit
/ Hpns Every tribunal erected for the dQci,ion
OF facts, without the intervention of lury iwhch
or composed OF JuSiIca5 Of the peace commissioner,
OF the revenue, Judges Of a court of conscience o
any other standing maglstratcs) a step towards cs
a5I5hlns aristocracy, the most oppressive ufaLIou,,
governments. 1T Ia therefore upon the whole ;
duty which every to his c0unry lis tjsnds
his po'terty and himself TO maintain ~ lie uirnos
OF Ills power, this valuable con5r tuition in all II,
rights; to restore 1t TO It's ancient dignity If Al NJ
impaired by the different value Of p.cperiy, or otb-
erwIse devia'od from III its r>t nsii.tti2n; TO amend
At WHENEVER 1t Is defective, and above all {, ,,unr,
"ItlI the most Jealous circumspccon against the IN
tr9Huction OF "t'0 and G'Jirary methods of trial
winch under variety Of plausible yyo,Dgcc5 may II
me hnpGrceptbIy undermine, Tbs best prcscryaliye
OF English liberty" EhS, Mr. Speaker. * i hull
, ana well metltcd cl!Ogum upon the trial by juTy
whether III Court Of Conscience" or in any 9th.
or Court. But Mr. JeErson, vas also Of opin,ou
mat INC Jury tridI ought ~ have been introduced
into tue Chanccry Courts. Alter speaking Of Ger
tain laws, proposed by hIm to Dc repealed, and Of
others 10 be adopted, ~ destroy as he rcmarked
every fb'e Of ancient, or Of future urstocracy
he says Il these too might be added as II further
security, the Introduction Of the trial bv Jury into Tie
Chancery Cour'c, which have already Imgilphed and
continue to InguiVh 90 great proportion OF urls
d!ctOn over our property"
lie did not howcy9r accomplish this desirable OBJ