Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1844-02-23
VIRGINIA LEtiSLATURE.
REMARKS OF MIR. MCPHERSON,
On TIE lrRY Bill.


ma lie was constrained to resist ali innovations which
migal be attempted in the present jerry Law-unless
he was well assured t'at the advocates OF change
presented scheme calculated TO ensure beneficial re-
suits aud promote ustice between man and man. 10
grea'-f degree OF perfection than The e@iihg Ia" =
Bot he could not bel eve that the scheme TO presented
by tie gentleman from Richmond CITY (slr Dan'e) us
good as our present system. lie would cal! The atteh
ton Of the House, and ask them to compare this neg
u5y scheu: with The existing law that SUBJECT: and
he he'd i'ic doubt but luat large majority oil the
mel oers would agree with him, IN voting against hii
whch - say the of H. calculated to DO more harm
ther ro'd nad entertaining This opnon, sense OF On"
10 tie cnunt'y called upoa han 10 resist the PASSAGE
Of this bill
Mr.. McP. also opposed to the amendment OF
iered b. the gentleman from A!bcmarle (Slr Souiha)
which had for lis object reference OF the bull TO the
people at the Spring elections for their adoption or re-
lection. The gentleman has informed the House, that
he entrtan5 doubts 10 the proprety OF PASSING TINS
bill; but IL is wiling go Tor il, il his amendment Is
adopted Mr. McF Intended that the representatives.
Of the people gent here propose laws, but
TO make laws, which may seem proper and necessary
for the public good But the gentleman from Aloe
MARIE with all his legal requirements as lawyer, and
practical experience legislator willing 10 submit
bill OF snch Importance II the people, although he
entetans doubts as 10 the propreIy OF ITS passage
This ls ceitanly popular move, 10 get nd OF The &c
sponsbi!ity representative, by referring II 10 the
people To The chance OF lis adoption or rejection.
II this bill OF such rer lsxiiy and difficulty, mat
Of Virginia entertain doubtsr IL battles the skill oi
our best lawyer, md experienced represe natireslt
this body wants sufficient wisdom md Eiuess TO pass
such bill without such an amendment, then, indeed,
requires prophet to PREDICT that the signal OF lis de-
feet is near al hand Should this bill be referred TO
The people, must he lett 10 some few popular poii-
Clans lawyers al hcme, to explain officially IN
which tins House lave doubts, and leave such eSp!a-
nations TO these who not bound by that delicate
and sensitive Ink VIII ch controls the representative 10
the will Of the great constituent body II the relrescn-
tntves of the people tins floor fear the responsibility
oil passing tins bl.ii they want faith to It's ut'iiiy
or popularity, should be al once abandoned II "e
refer this bill 10 the people, shall be called upon 10
refer the school b the bail bill the 500 warrant BIZ,
the decd oil trust bl, and oil bills winch any gentle
man may have doubts abou,-and finally, "c shall
come here not 10 make laws, which, III the Wis
dom of the Legislature, may be deemed Just ana
proper for the general goodbut the House .! Dele
gates shall hereafter assemble merely 10 propose laws
10 The people, for their adoption o: !eJecon, anu the
representative character will b. thereby slrPi OF It's
all important ingredient OF responsibility. II the
amendment proposed by the gentleman from Alternate
Should prevail question VIII DC submitted 10 Inc Feo
pie for their cacnsson, which - uncallsd Tor by them
Il will be remembered That some few days since, tn
House refused submit, for the consideration OF the
people, aqueson Of the first Importance, which thou
sands al the people had demanded, as matter OF right
He alluded 20 number OF petitions from vaIions conh-
ties praving for the passage OF act, 10 take the
sense Of the people OF Virginia On the subject oil calling
4 Convention 10 nd the Constitution oi the State
and although thousands OF the freemen ct Virginia
have been years pressing the consideration OF tins
question: yet the House rejected their petitions with
out the usual courtesy oi reference OF the sueSt 10
a Committee Of Enquiry
Mr.. Mcr. had heard, with pleasure the beautiful
cncomum which the learned gentleman from the City
NJ Richmond had passed upon The ancient rsl by Jury.
and like that Etn man, he devoted 10 this mode
OF i,isl nhoye all Others winch the skill OF man Ind
introduced into the wo.!d-and although this system
nay ha iupefec;ions which might be amended,
vet he was fearful 10 touch noble work III the
manner proposed hy this bill, when such proposed
change mus mare instead OF improving The PRESENT
syslem-lial he believes the present mode Of trial by
Jury and .hc mode Of selecting the lures pr6ctsed
IN Virginia the very best he had SEEM (and he
had Witnessed the practical operation of the jures III
New York ard Maryland and his experience Ind
ynced him. tha isn times out Of twelve, the nr'es OF
the country right in their decisions. The Judges
Of our Superior Courts not o!,eacr right, and, a7
to the Virginia tnry srsem 1t IS as near me standard
Of perfection, human wisdom can attain, nhsss
men shond btcome aaGels on earth The English
people may we'll beast Of ths ancient trial Ivy jury
they call il sacred, and sacred things should he APP
preached with soemniiy and alteration. Let Us hen
b.wa,c how we touch this sacred tnl by jnry--tie
sure guard OF our liberty and strong shield against
tyranny.
Mr. Nee said lie would enumerate same of the most
prominent changes proposed by the b, under consl-
deration TO the present jury law and eneavor to prove
that all The objections urged against the eS'sng jury
law hy The gentleman from Richmond city, applies
with equal if moi greater force 10 this new plan which
the gentleman advocates, with this additional ot)sc-
cnahle feature that the plan, if carried out will
cost the peopla N each county from 500 10 900
yenr-neary bali the amount Of the Stase taxes IN
many cornies-and this TO be raised by ccun-
) ,y tax, al the option Of The County Courts
Tbi, neu bill proposes, first, that The Commission
ers Of tic ReYenne in each county shall ako list OF
all the qualified pros, and return the same 10 the
Clerk : otiicc Thai Inc sheriiis shall Summon in rota-
ton saw ahont otg, 10 each III the Quarterly and Su-
no-or t'ourts snd Of this number the necessary
ur,es re to be made up by drawing twelve on, OF the
f,rlv: and juries thus made up 10 remain during
tho Term Of such Courts; second tha, each Juror shall
have property qualification Of $500; and thirdly that
Inc lures be pa for their attendance on such
Courts by a couGy levy al the option o! HE County
+ Courts.
The gentleman from Richmond City has Informed
the House that Is the law now stands the sheriff
hicks up u.. snch jurors as he c"n lind NEST con9e
mic MI 10 himself and that they composed Of hang
erson about the Court Houses many Of Them d'sqaa!
fled coriupt and "en intoxicated; ana he nsGs that,
h. assinr this hill You viii rTc:en; all the evils here
cou.luaed Of Nj. NcP. contenGed that the cause
of the evils assigned by The gentleman, did not exist
from The present las, bu. ii tiue existed IN the in
,arCsc, execution Of The law by those vic had the
co,er Of enforcing T. and the changes proposed
uould he found in practice liable 10 every objection
urred by the gentleman from The City of Richmond.
Mr. McP commended, that The mode OF sa'nmonng
inrors, as now prac,scd Virginia, by picking then,
m suddenly from the assembled multitude on court
dave had thus Tar proven itself 10 be The most admra
bile system nor has nc wisdom OF other States I'm his
humble opinion yet produced us equal BY Tins sud
donly selecting the Jury, 10 party concerned IN our
caurls can have any previous know ledge who IS 10 be
Of The jury there Is no for corrupnon by promises
Of reward OF tbfeas Of observation-disclosures the jury,
the moment they summcned al once take their seat
on the uy bench, under The eye oil the court and all
parties couc.rned lhus al communication c! convers.
ing with such nry entirely cut oil whereas, by hs
res? plan there wide field fof corruption, Of lures
are capable OF being couped because The sherls, al
lorncys aad suors all have opportunity OF KNOWING
beforehand who 10 compose the Jury al the next
court; least, they know the forty that are 10 be
summoned and they have opportunity OF 'ainperns
" III portion if al! of them and present taer case
10 as many is they can before hand, and take The
chances of O: such beng cas-! upon Their cause
and when the selected forty shc arrive al the CoaT
House. every suof may explain his case To every jc
ror who will listen. Hare IS field :cr corruption OF
urors, months hafore The Court sis, (.iou'd coFfup
lion be possrble) .Ir. McP had hoped he had sails
fed the gentleman from Richmond City himself, that
corruption IS more likely Jake place under hs new
PLAN than under The present jury las" and, as 10 The
l cf in:ors lust probable, that