Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1851-07-29

BODY Of the people Until Ii. elm, .a a. n m he
laturs At the Fauquier Springs in 1870 tb.-o s
no consupmated attack upon the ur7 Of ts, -se Ten
though the iuoef. nao Dssn up before the lcs.lste
ton We, submitted 20 the consideration ~ Us i""F
ture ami carried, that BY the conseo, - - >''
Jury Of seven might be substituted ins,,aI 80 ;es
Mr.. FERGUSON. The member Is i, ., y, ."r.S'.
ing the history Of this matter p,svou, -
il this matter at tauqrier Springs, ILL pas ~
house of delegates making i, obliea,or, - q:
Jury of seven after tw" trials in ans ce.. F"ss
/ Mr. HOPKINS admitted the subisr, i.,
fore the legislature, but did not Remember n, :se
the character Of the action Of the le SLAIN,
thank the gentleman for stating it. / ,pev sc. 49,
that no act had been passed BY which anr cb.,,s
Number of jurors mad been made Ru, :, .ts "'i"s
Springs the act was consunmated e.. IN. .n.o!!;
wedge TO the destruction and entire ove,,h,c-.
trial by jury was violently driven into hi.
saa sacred institution.
The change made in our legislation a..bo.:,.
parties TO substitute jury of seven instead OF ;=.r:
lie great principles of civil liberty are comnc:lv 49,
! brown Those who opposed 10 them, or w.:,c,.
idsnce in them attack them in rhe irst as;nc,
" direct attempt to overthrow :hesn. Il is br d.
;-ees BY attempting to prepare tn public mind oy>7
mi caution, .arces that esab!..-s principles are :;
,e nyerthrown Whether dess uet or Mt 10 NJ, re
ume to Judge bat fear thi. will be the cou.eq~,,
4 our recent legislation upon TIL: subject We !.,.
raI laid Upon orr table within the last ten dav. in .
vance Of the action If this Convent IN upon b subs.
written statement from the most intelligent law ..
he State OF Eirs inia, and particular arr l.. A7.
:ued friend OF mine, by which Tie learned write, L..
ought 10 change The opinions OF the members 0: -:
Convention By reference 10 the number seven {.
mystic term.
He undertakes 20 show that the only reason wh- =,
lumber twelve had been originally adopted wa, !:
,!sge.ted BY Lord Coke, that the mum: twelve -.
ern condereda mystic term on account Of the tweT-
apostles, the twelve tribes the twelve stones, l..
we!re councillors the twelve judges, Sc. and tn.
writer enumeraes more than twenty different instance.
II Scripture in which the number seven had been sP.
lied To so many remarkable and mysterious
..irly TO give it precedence over twelve.
While in this respect my friend, the writer e1hib;.
much learning and no less ingenuity, yet 10 not think
:ha, many o. the subjects with which he Connects Il.
mystic number Of are very worthy tc be coa,s
rated BY our institution Of jury trials For instance
do rot agree that uries should be composed q
sren men, because othc seren pairs OF clea beasts
eren pairs Of birds put in Noahs Ark - nor oecsQ:s
ere, DAYS interviewed between ''the completion o tie
Ark and the beginning ofhe delusc' nor because o;e
.,,n hnn md screen fu kline in Pharaoh dream n,r Ia
mise of the "lhe seren years Of plenty and :esn 81
cnrciiy :" nor because of the days Of uneare
read ~ nor because priests with serea tr4n..
lets Of rams horns went times around the walls
+ Jericho before it fell or because of the r,-.
wins and sereu locks of his hair with which Samp.
M was yany bound - nor because Of ersg seas "a
he s,rfm Book" And above, and last Of ell, | II,
aost oenlnly protest against having seren juror. ii
and resemblance of"Me 'eten sleeper
prefer an ed-fashioned jury OF twelve discreet STD
intelligent men, and want no sleeEers' among them
Certainly we ought all to prefer the I,eehe .fpo;ss
0 the "Secen Sieepers
| do not consider, however, that al! this array c:
,u,tc numbers has the slightest reference This qrc
ion or ought 10 have the smallest influence uTon lie
E har If "a -, lani, inr,,
/. But submit as question Of cxpediency a.:
olicy, whether the number seven is not too sma..,
whether it does not lay open the Jury rial to co..
ion to bribery, and to fraud; whether jury SO sna
5 seven might not be influenced by corrupt means 10
cuder verdict for against the parry or Z.
her. especially if majority OF four decide. c.
his writer contends they should. How often doe. :.
appen that tho friends Of the party lii CANT and re
enies Of another lurk about the courthouse and lro:
themselves in the way Of the sheriff get upoa t&e
rv: and ifths has happened under system rrquiring
re!rs Jurors and all to agree 10 a verdict, how CO
ION and destructive OF all decency, pr prie;y. al
loral:tv will the practice obtain when but -ha.
Dmpose the Jury and Jour Of them decide III. ca
sur when you raise the number to t,tlrs, do y"u nj
hereby protect the jury trial more Completely FRI
nrse attempts at bribery and corrupt N. and froT
csc practices of the friends and enemlse Of III. parties
han when YOU reduce it to seem When the iur laas
;erc under revision al the Fauer SrT s- in s4a !:
;s commended that the ancient trial b. ur had st bee
onnei to twelve men, but that il cons ted OF yarlrGG
unbers al different times. have had occasion r.
emily to examine the eldest authorities 'pon tbs .Ib-
ct and venture TO affirm, upon all Authorize, ,at
lerr has never been known i'll Erg aIc. since {; 9
rlgin of the common lava period IT, wh,ch "'a
lemory of man runneth not "a petit jury O! J.
nan twelve in the trial Of any ordinary suit between
ian and man. know they had their rand ASST ;.
hch consis cd OF sixteen members, and We have Cur
rand jury they had theirs, which are composed o;
lore than twelve but repeat, there j. no single IN
lance since the common law OF Englanr received is
rign, in which the petit jury trial has ever been s
han twelve IN ordinary suits between man and nan.
! .sas Induced 10 believe that there was sone'h ,,
this declaration made at the Farquc: springs, be
ause it came from gentlemen OF high authority {!
reat learning, and confess that acted at that tin
ndrr the impression that there had been some vara
ion in the number Of the jury in England. But up
efcrrnce TO the English authorities upon tina, subc,
find that there has been no variation IN the n2mler.
III authorities that have examined declare the
er twelve always to have constituted the petit lur:
England and il is said by the highest authority
lat the first Jury held in the world in Greco
nd it was Composed Of twelve men. From the very
ginning IF lhc common law i'll Ell ,srd, it was cot-
oseA certainly o: twelve, and has continued uuchanse
.om that day down 20 the present.
Twelve Jurors nave been the inyariable number IL
lie Commonwealth Of Virginia, and no iuconveae c:
as resulted from it, far as know beIeve ii ttce
any on. thing held more sacred b. the people G! VIZ.
mia in the constitution or bill of rights than another
i. this ancient trial by jury Of tYeve men. Let ui,
zen, now, when know that effort ha, been IL ite
Change this Old number, and that has actually
cen passed. allowing the jury to be composed OF seven
V the choice OF I,.c partes-the entering wedge re-
eat, by whic: the whole system may pe ovsrtIrown-
Ut i, in tie iunda mental law of HE State that that
hrh has been heretofore c"nsvcrsted BY time, uaf
pprored by the people Of Virginia through entire
xst.nr. as STATE .ha remain I'm: hanged in its nue.
~ And when YOU come to consider the number
Yere without any regard to mystic terms, it seems
me to be exactly the rg ht size for jury, just 80
mall as may be easily summoned which may couTca-
n,sy attend in the courtroom, and sufficiently large
pro,ec. the jury trial from bribery and corrupilo"
small jury might be tempered with and fair trial
reverted But when YOU compose your jury OF tae.''
Put it out OF the reach Of any practical effort to
ribe so many. ~
These are my views, very briefly submitted to TIA
onmit,ec. regard the question one Of paranouh.
Importance and one | believe the public sentiment:
irg;nia demands to be settled. There has n. beer
Ell organized in Virginia, par sufficiently strong 70
resent this question il the real aspect 1t !. desue+
ereaIter to wear, unless there is guard asat.!
the constitution. The agitation Of the subject g;o*
OF that strus which man: have Of the cap city Q!
he people properly to perform these civil! and p2rs'
utles
Now, permit me state single case, HIGH has oc'
urred within he last ten months within MY own coCS
o show you the advantages Of Try trial By t*e.'s
nd even the advantages # hung jury. A5ou. eiss'
mont g ago case was tried in which was eMp!cye1'