Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-04-02

ne has wholly mlsunderstood its provislons Sir N
'enus 'ne uia oy jury 10 ell possible cases where Il
can % used IL extends according 10 the spirit and
Intention OF the Bill Of Rights. He would saw but
little on the subject OF the trial by iuryIt w AZ reeouc
%ended 70 by the wises men and the best patriots
me world ever saw; and be held nothing true in tho.
ry which could no, bs carried out in practice N Ia
said In the Bill Of gh, that In controversies
ing property, and In suite between man al man. that
ns preferable to all ob r. snt ut 70 be held
re wished TO see wbeta.r this was tine or t.l.,--
whether IN Sc prec'p # he Bill CT Ri hts were
ue,e anst ac""ns unworthy Of the confederation OF the
The advantage Of this mo.e Of TRIAL with rira roce
esu'nofyb greatly superior TO ne trial b. fore any enc
'" wa owsy.r 'pi.ndid hi, talents pu'e his
sfe' me witness brought before he try-rs Of the
law and the ac-Hs IN anner-bi. voice IN. pes ur.s
RE We eyes, and whole COM s nance Indicate the
e'sa" OF ms imony But in the co ct The Chan.
cenor, WIN the deposition Of he witness fbi, il all lost
u then depends upon the " IN of lie mo rson az ho
drew the deposi ion, than tho knowlrdy. OF the wiz.
nes'Ior ne draf,-msn uses his own language to con
lao n,sss. "S ~ tne wines. and makes il jus. what
"e Peases zee. sir, much depends up,n the cIassi.
cal ell g'nce OF the scr be- Tie depo.i:ion yives Won
no clue TO the credi, the wi ness and too i.eoueny
NO. T, ony aIes no. convey bis ru" meaning. but ks
n.m say what he Fever knew-whst he never though
OF. aud what he Lever deposed TO. Every pentIsu.,
VINO was ever engaged in taking deposi,ion. will bea
, ,sss"mooy, now mcuitit is 10 take down in writing
me exact meaning OF the witness and how INN, s,ih
10 10 give lair construction to written evidence
whhoni the witno- 10 explain lie ambp al les Bu,
another advantage ofury trial and ,esimo.
me'ses-they are men Of the same avoeat ons in life
my move 10 the same ci.ces Of socieiy--and they
are csPao'e oil estma ing the credit OF each; while
the Judge, nom bis vocation Is generally
WIN tie witnesses, and unable 10 Judge of their cred
oiy. ~ In The hal OF Gu e, he shall fird the de.
posi- ION Oh avorte and acquaintance, il will unfor-
.uoae'y weigh down the detositions OF twenty
FARMERS oil he country. But this never will ii rev.r
can happen, before a jury of twelve hon s, men!
am convinced, said he, that Chancery Court.
~nou, me trial by jury and oral testimony, CURSE
n ,is l. !,
o'heNng wrong In these Courts They have eupposs ed
hese courts were too lar from have s
oI"g the m home-,hey wish to zee and examine for
themselves Bot, sir, IL we send them to cvery county
without oral testimony and the trial by iurv ya d,
only multiply the CURSE
But. Mr.. Speaker, let us examine III. effect this
substitute viii have on the bu. iuess Of the Court Of
hPpeas. The great complaint against he present Ju
ociry Is the delay In this II you carry the
courts to each county, you will increase this
Kind oil litigation, and uliipiy appesIs You will
o,oek up The Court OF Appeals. that he tho in The
o'oom Of !outh and vigouI O. manhood shall lie driven
10 tn court Tor justice, should he live see his case
ehmed VIII md himself on the very veg. OF tie grave
The caue OF all the delay in The Court of Appe i,
SAID TO exist in heiengh of he chaneery which
ar.generay from so 10 1000 pages and he difficulty OF
aseeia'ning III, fact, proved have been Told s,id
No, mat The Judges are often engaged from two week.
IL three months 10 ascertsining the facts of s,nI
case; anc even then, they are unable to understsud
msin as wen az they were unders God in IN. court,
below. Blu, what, Sir, does this s lbs,itute r,no..,
instead tt reto:d OF from so to 1000 pas srecia
Vernci oil MOI more than three, which i'll enable IN,
cour to u dss,anh h. facts la twenty ,ninu,es n 10
most cases in one hour they will he all TO
tn law This mode OF practice will enable M. cour
u decide all the cases which shall csme before IL win
out delay. " WIN"
Permit me, Sir TO cay worJ about IN. Co,,,,
Courts, the best courts ever known TO This q 4 n >
nInior. III all the courts but one were To be su en
rom this land, would say, save-say. ths Cont
Soa. 70 these courts arrive a, sstiee through tbe
,echnicalities OF the common law uls adinSs, NJ c.
IT'S oy disregardng thep-lhey look az Justice IA H.
poatsar, an mcve directly for ward Bal thea
rom 'ner very orsahi@dton, are unfit try chancery
causes by paper testimony: they cannot read and
amne Tie depot ion'; they compelled TO ascertain
the Iacts ny hearing them read from The bar Bu, s :
We mem me power 10 Try The facts by jury end
.hey WIN De as useful in trying chancery eau as
ney now are, IN Hying those of Ia " Sir Tho
substitute does hot propose radical change a.
gentlemen seem 10 think. II lily pr DO es IN let
case rest on lite own facts. Is that the law at u
sen Do not the merits Of .vcrv cas. 70, ~ r. e..
own particular fac S? Such must be The Iayv ,b,r,
al time lhe only change pr, posed, is 10 dsnenss
with useless names, and widen The forms NJ nlssd;
so as 10 give parties the benefit OF all the laws of ihe
We have been old that tie peo,l. are not n,er,roa
me changes contained in the Sub tute What. no,
P'Preu 10 nave Their causes tried their own
prepared Tor the trial by jury in every coutro.
Vereu csse!-no pr pa ed 'or the Examination of Oit
nes'es before jury! Was aay people, ever so we'll
PrePreo' Can any people ever be- better prepared,
Its said that This IL not The proper mo- Bt when
VIII thai time aiiv Will it be when three. ,onrtbs
OF Ibis Senate shall have forgotten ,bat tbey 49,
elected by the people? Try this reform wb, on
VIII apd you VIII still hear the cry ssthis /. n The
proper 'ime. when was any reform c, er attempted
wa me Of iha reform did not cry cut, ths is
hoi the tim \! Wait until The proper time sbs n arrvs
aad We will 20 with you Sir, there is no time like
me pesen'. Now Is the day, ibis j. the hour Of saIva
on LEI this time pass, and the reform cont. dated
aaa kons ,ever
DiEDNear Columbia Tennessee on the 9th instant, in Tho