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


trials b Jury as they can DO but when such trials
shall b, ordered the Jury of course will he composed of
twelve men as in the com:non-law courts. The amend
ment proposed by my friend from Scott, (Mr. FrlKEn
SON. is exactly what was adopted in revised code
at the Fauquier SpriuSs in 1919 Whether designed
b my friend not it ia exactly the best way to begin
70 overthrow the trial By jury When once you have
fsmiiarzel the public mind To the idea Of dsregardng
this time honored and apostolic number of twelve, aud
when you have given parties the right to depart from
tina. principle aud select jury of less number than
the public has been accustomed to- vou beginning
the work Of innovation upon the right of trial by jury
md its speedy destruction may be the consequences
This amen lruent proposed by my fren from Scott
MR. FcLKrRsoN exactly the process BY which the
prnc Piles Of civil liberty usually oTerthrown 1t has
lways been accomplished by degrees. The public mind
has been long accustomed maintain confidence In
oarticular principle Those who are opposed to that
oriucpe-and do not mean to involve my friend l.,
this category NJ all-w rever strike blow directly at
it but they make their attack by plausible changes and
sometimes b. professed amendments AMI Improvements
It necessary fanliarize the ibc mini to denar
urc from this principle; and what plan so convenient
md plausible for that, as to give to parties tgant IN
court the right Of selecting smaller jury than twelve
Pope truly said:
Vice is monster OF such hdeous mien,
Tia. be hated. neeis but to b. seen,
But see ! too often familiar with i,s face,
We first endure, then pity, thea embrace
II is altogether plausible and in itself seems to be
.y-tem of laws, and the public mind has become anar
lied to this departure from sacred principle, why the
,ext thing will be- you will have the argument urged
hat these seven men are not "a competent TO Judge oil
the merits Of the fact man learned in the law-onc
who has gone through his twenty years lucubat!ons in
che law and who is consequently better able Judge
md decide the whole In this way, By degrees will
you have the right Of trial BY jury orerthrown and that
nee accomplished. i: will be impossible ever to GET
back to il again Now, warn those who in favor
4, :, IL ike oS oplVr hoh ov,
,arIed it having served US well heretofore against
allowing this change which may become precedent for
final overthrow Let meet it here let settle
this question now, that this system which has beer
operating wisely and we'll may be continued Throughout
al lime May be permitted to call the attention u
the committee to or two extracts from works o
great authority, order to what haa been the ldc:
entertained jury trial by twelve BY distinguished
authors in that country from which We derive on
| common law.
Here Mr. HorKISs read from Bacon's Abrdgmen; t
knw the antiquity Of jury trial in England, and til
here the number twelve bad been coeva with the
the common law, in petit uries and never or" Or less
And then he read from the same author to show that by
Magma CRortd the number twelve was designed tn b.
:osecrated and perrsnated sacred priacpe of Eng
fish liberty
| Now this is the authority of writer of common law
which has its origin, informed at that pero;
xhen the memory Of man runneth not to the contrary
-a[ Mr. H. ten read from Jacobs law dictionary also
20 show that the number of twelve petit urIes ha
existed originally an unchangeably in kngan and tha
die first trial by jury known in the world occurre,
N Greece and was composed Of twelve men:
will not detain the committee by reading fGrthc
| .ytracts merely refer u them for the purpose
,hnwing what may have been considered as true
hat since the introduction of the jury trial in England
petty ues have invariably and at all times consisted
weve SO it has been in the commonwealth OF fr
ua until the year lS49 when provision was inserted
the law precisely like tha of the amendment oferec
" nv friend from Scott. (Mr FrLKeRsoN) and which is
low the law of the State. When We such men a
writer of the paper which has been put upon thu
esk of every member here within the last DAYS fi
he purpose Of influencing your minds upon this subject
when You have seen the newspapers teening with ari
lies upon the subec. for the last four five years il j.
ine that those who in favor Of the pePetraon o
.urv trial sh uld be awakened Of the DANCE
hat threatens it. Let us now, while it is in power
incorporate the principle in the constitution and pre-
serve it sacred f.a. violation by The legislature
iher tribunal. listened with great attention to thu
,usyestion of ny friend from kanawha Orr. SMITH
hat he j. opposed to the insertion of this article here III
he constitution, because it properly pertains 10 the bill
# rights. Now, 1t is perfectly mmaerial with IN,
where the principle udS place, you put it in the
Institution, the bill OF rights. suggest to my FRIEND
however, that because he thinks it should be inserted IL
The bill of rights is sufficient why he shout
ose against its being incorporated in the constitution
because if you put it i'll the constitution it thereby be
,,mes par: OF the fundamental law of the land an i
aced beyond the reach Of innovation and destruction
lr tells you that he considers the bill of rights rs hav
" always preserved he Jury Of twelve yet he sees
nat the Legislature of Virginia in despite OF that pro
ssion III the bill of rights has undertaken to alter it
get Us put it i'll the constitution nen and retain i II
the bill Of shts If you please Let put 1t in thu
constitution and then it will be nfrnged upon
md wheu that is done, this principle consecrated by NJ
line aud approved by all experience the best systeo
devised for the maintenance aud preservation o.
The rights Of men, will be handed down the lntc
,osteriy. shall undertake ~ vote against its be
81,
Ulug uto the bill rights If approved the principle
would vote for it's I'M Incorporated Ill the coist:
lou. II is sufficient reason, repeat, why gcntl
should vote against the amendment here because
5uey prefer to put in the bill of right. IL you ncnr
orAe it u the constitution You may take it out al b
Jill Of rights for what care 1t vii! answer all III
purposes If j. is put here, without lis being mention
the bill Of rlghts. trust the friends of jury trla
viii rAly upon this amendment and carryit by decide
minority. trust they will show that they are In av
,. preserving by lch constitutional guarantee
viii give il power aud f,rcc - withstand eSslatv,
AMI other attacks from Whatever quarter they may pro
| coed.
Mr.. BROWN. | an one OF the humble friends of tle
ury trial. and also OF jury trial b., twelve. One of til
distinguishing features between Ill aud common Law
Wa tue jury trial. and opposed to any step tbs.
may look u change of that mt trial mus: COMES
that was very much dissatisfied with the incurprut
the uew code Of provision allowing the privilege
sutors tn. courts ~ accept less than lively. urors
confess That my suspicious were n lit lie exc :,
when the number fixed at seven-an odd n,:,nbl
because tim are generally progressive md though
saw i'll ne fusure possibility that majority Of In,
sevena jury Of four OUT Of the serenns ht be in ti.n
tol le sufficient number To render legal verdict
,ow opposed to parties settling their own Gauss.
b. etert e. but unwilling they should choose thc
own arbltrators, who should cluthed with all tn,
forms of tue law. When they select their owr
Judges them have their arbtrators the court
| oat rot clothed with the forms VI the common Inv
When they into courts with their Causes lei
em conuvn to the great principles of the law
an IL favor OF inserting the number twelve aud o
tne pc pie that the legislature shall not have it in the
pJwcr TO the number, attack the principle
lulnluty ado tied by the common law, requirin. tina
! ali the Jurors sulll verdict. LOOK uvni
tais .t of jury trial aprdug the greatest safety
~ Liberties, lives and property and it ia poiu
whicn should be most carefully gulrIel am pre- par
To insert the principle IT, co.stittion, ~,
power Of the legislature 10 make ANY invasion
upon it. is inserted in the bill OF shts
te Institution, but desire that the Number of twelve
81 I'll b. preserved. Il parties wish ar6trate then
causes let OF select their own nd es an.
umpires, one l where the principle OF
r. By Jury Of twelve inserted but anu desrou.