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

o H. soUnttse i. one of considerable mportanc.
and one upon which lny mind has reached CONCLUSION
with treat difficulty am not surprised mat sshue
men d.srs time to consider this subject. Gentieme
will perceive that amen ment II adopted Will chans
the nature Of the report Of the legislative comntte
very materially II will change the policy OF the star
with regard TO the subject in many respects. thin
we ought 10 e!7e gentleman full time deliberate ugo
the course OF policy which it is proper 10 pursue 70
one shall therefore cheer!uly acquiesce 10 the .ass
committee should rise and report progress ana nav
this amendment printed. And would hers 'uggss
that other gentlemen have indicated mat the! wiz
TO offer ro.s in connection with this SUBJECT, tnal
i. proper they should present them now SO that :"
NAV act UPON them all at the same time, and unoer
s,andingly If the house think proper 10 pursue I'M
course il will be proper take now the report ni IN
committee on the bill Of rights or the right OF suffrage
! 50 that our time NAV oe occupied just as well.
| Mr. FERGUSON. So far as ain concerned ha!
no objection to passing over this subject now | vii
only lake this occasion to say, that cannot concur
the amendment of the gent eman from WOOD (Mr. ' A.
WisK1e,) nor do entirely approve Of the report o
The legislative committee. | think, however, that
stion in form in which would vote for it. would
AXE special exception not in regard to banking cor
r,tons but in reg ard to internal improvement corpo
atior.. Il the rep'rt Of the Legislative committee
we're modified 50 to make internal improvement cor
,oraobs an exception and banking corporations to b
The section was then passed BY
FUTURE CONVENTIONS.
Mr.. CAMDEN. There is another provision reported
,y that committee which presume, 1t VIII De Prcpe
6r the committee nov consider and to which pre-
sumo there will be no op,o-tl N.
The provision was read as follows:
$40 Convention of III. people Of the State shall be
,alled by aw, unless Tie purpose thereof De Set iort
the az: ana apr Yed bv the persons quailedto volt
n ISem
ion.
will state that this provision was reported at the in
.tance OF the ge teman from Albomarle, (Mr Ran.
oot PHI but as he a-e and "a II did not meet the
views Of the honorable chairman Of the committee lhr
GoopE :, it was reported by If there be any oppo
.ition 10 it shall move that lhs also be passed by.
suppose Il . e will be opposition TO 1t.
Sir. STROTHER. | desire to ask Of the gentleman
Who reported that section CIR CAADES whether This Is
intended separate proposition. or whether II IS in
tended to be included in the proposition before The com
nittee.
Mr. CAMDEN. suppose the purpose is mainly to.
provide that when conventions called for the pur
pose of considering federal relations, or for other
purposes the people of the State may understand the
object Of such convention
Mr., STROTIIER. think the idea is no; expressed
clearly.
The subjec, wa. then passed b..
THE TRIAL BY JURY.
Mr.. Bolts suppose the report of the legislative
committee j. still before In this connection Will /;
mention that the committee on the bill OF rights have
.truced to propose 10 insert in the constitution the
clause:
That in all criminal prosecutions and IN all contro
Tcres respecting propcrj, and in all suits between
aan and man, where the subject Of controversy shall
.xceed the sum Of twenty dollars, tile trial BY jury "i
twelve men shall be held sacred and invioiabe.
For m, self shall be- disposed TO let the lawyers de
die whether the ury shall I've restricted 10 twelve OF
-b,l, h. ted nv he lpris
smaller number That is the proposition-he cHly qes-
icn i. upon that point. Tic committed upon the nj!
II rights, instructed me 10 move !! as az sn!sf- !
nent h the rcport of the legislative Committee. II H."
chairman Of this committee does not prefer to move 1
4, the proper time, will offer it the report Of lh
judiciary committee II j. not part Of the bill OF
ri .h,s n is 1t an amendment to the bill of rights,
ult il is proposed part Of the constitution, aud as
an amendment To- the constitution.
do not know precisely what disposition was made oil
he clause prescribing the mode in which the legisa
;re sha!l call Convention. II wa. my purpose &c
fave called the subject up ior the consideration Of the
committee this time. ii circumstances would have
Justified ii. But il is iEtmsted ~ the gentleman from
Harrison that probably the gentleman from Alternate Il
would desire to be present when il was acted upon. Il
II il would silt the convenience OF members, would
submit !; motion that 1t DC aiken Up nov. suppose,
~. YER that it i. the understanding ii the Committee
ia, ii &C passed by.
Inc CHAIk ! understand that upon tho 81 question
W.. cause the business Il The member from Al
&C marie has c.led him HON III IL ! . should return
Iii. CUUUt. That sall,A.en lie, aud it would s'n
ny convenience just As well. /:
Sir BOTT::. | move M amendment as separate
md ui.tincr -cclion, in the c"se OF the re-
.ort nf The legislative committee. beg leave 70 state
hat the gentleman no has taken great interest In TINS
uDicct, and VII, intends to present his views upon H.
.a gone the library but have no doubt he Will be
n III q moment.
The SECRETARY then read tie amendment as follows
81 hat ia .IL criminal prosecutions, and in all COLI
.oye.sIes respecting proper and IN all suits between
.a,l aid man, Were The Subject in controversy shall ex-
ICED the sam OF twenty dviiar-, the trial by jury OF
we've men shall be held sacred and invio!ao.e.
Mr. SMlfH OF Kauawh:. | 10 uot See The necessity
r ia. amendment. | find by looking at tie bi OF
hts, there Is ;:ls provision! ~ lat III all capital Or
r.mnal prosecutions hah RICH: 10 demand the
.usc and the nature CT his acc;,atin to be e"liro"-
ii with the and witucs es to cal! for evidence
II his favor and Ia SPEEDY trial b. impartial jury
;. his rIcnaye, without whose unanimous consent ne
A.u be io;Ind g::ty The eleventh section Of the bill
mt. provides. That in all sic. respecting
,ros.r, a:.t III suits between man and man. the an
lent lr.a Is 1 preieraor to any other and ought
@ DC held s-Ired
|, ha, been decided, by til court Of appeals, that
he bill ii ri h;s Is part and p2rce OF the constitution
md just as obligatory as TIT Contribution ltsel!, and
an see no necessity Of nr0datlng hat clause into the
.ustitu,;on a. separate and pendent ec:iun whc
he sane i, engraed IN the constitution BY lie ti vi
..hts Tine ,n!y difference D>t:.cn this svc;lo ana
Ia, in the bill cl rights IS II is now Indicated, is this
ha, j, specifies .., Lc!hcr OF the ury shall uc
we've Now in my opinion. rope: construction given
. the biz. Of rights, VOID make the jury composed
we've.
i.; FERGUSON. l renliud the gentleman III It tn"
azure Z; not take that view Of the case mud OH
va or three occasions they Lave passed bill in the
,oue OF delegates making jury Of less number than
~ i've
M SMITH, OF kanswha It seems 10 me that whcr
y. in this country refer II ..v,a Jury OF twelve
md no u;h,r number ia II wish authorize
he Legislature 10 adopts sln er number than twelve.
1e must provide Tor in The Institution, and unless il
provued for wherever ;ry referred to- it means
weve and such is its technical meaning in the lew.
bis being the case, though the legislature may have
adopted less NUMBER seems to ME it Is strictly
u.ti:utuual. therefore, Instead ointroduciug tba.
,ec;ipu if it is thou hit proper that change Shall be
made in the humber jury the change ought
TO be made in the bill Of rights After The woru 'urv
m the eleventh section let t re be -crted of twelve
nell more or le-r II is not necessary introduce nh
ll.ye udent seeticu here. b.t when come to the
bill Of rights ii is thought beat, correct il
there.
Mr. BOTTS. The gentleman from Kanawha does
not seen, aorrehend the ot ect OF this amendment
he srer- regard that jury-the word beng con
,ilerea technical ter-nust necessarily colsis. .!
,wuiva men Now the proposition n | uu,.er.,oo