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

is made 20 the ancient trial By jury. 1t means The tra
BIZ twelve men. | concur with HIN 10 'nA "i'', ~
The legislature however, has thought otrrr"iS 1h'
gentleman shakcs his head, but 1t Is So 49, u
leysln lre declare BY the Ia ~ which 1t ia, s'en
usl That you shall mix UP judicial trial Win lo'Fa
ton tia. is if the parties will enter upon tnt
that they will be content to have their c!h
to ssreu Or auy other number it shall De - ~ o"
vs. luy frieul from Price George, M fl'k'I T e's
Justly remarked whT not have uniformity nnu oluer
Have you observed the manner in which TINS tate PEo'
sion in the code has been administered In .e T','s
What IS the state Of thlngsf Why, shefn - eeu
On to collect jury He knows that one Pai! WIZ 1AAe
the number seven, and he will put himself ot u
inconvenence to get than seven men, o INCL 70
ports that but seven be got. Now one OF Tue par
ties Tor the purpose OF bracing and sustaining ~
d cause in wnicn he has but little confidence say oh
an perfectly willing TO submit any cause 'tiai
these We. Is to trial % twelve -. p e
opposite party vino desires the anciens uiA o.
rv nre,ryei in all casss in an unpleasant condition
de Is either to submit to trial by sefe u s $40"
his want Of confluence in tue seTen--a! OF WHO'LL "Iua
be Upon the Jury of twelve-s state oil things tnat 40
not mire
Why should we not have jury OF twelve Inc world
has declared by its experience TINT tnhI 70 t iosl
convenient number, aud q. the time II guards
against upton and improper inudences "'ou Jay
nave no pa. ticuiar d-sr. nine. ee'en Twelve
Or thirteen upon Jury, but desire to see Tue III (
ii,eI. and would u little rather twelve than any
clared that it il the safest number There Is no ente-
mau | presune in hi, Committee, who "oulc DC VIII
ling to criminal jury Reduced belr" tWe'e. 40
eVrt has be made tie Legislation OF tue country
Or elsewhere to break in upon the number o. 'weNe'
or to encro1ch upon it i'll any manner whatsoever
whel criminal conduct is the bect OF lnTestgation
Sow let us see the guards that THROWN afoiu The
lii. aud property OF i man IN THIS c''uti1: ~" ~
before com uniting justice, then the examining court
and then Grand JURY mean III all more hSnet "leli'
where grand Juries are ircessa Ir =. ,'
bill OF indictment Now, if the number OF t">lVe u
o. reduced in any case whatever take II lnr granted
that 1t would be safer to reduce II u criminal cases
because if have the concurtiy Vi tue commit
ting Justice the examining court aud Tie efanu jury anu
the vett Jury uf seven together with tie concurrence OF
rho cnrr, nese are safepuards which ,hould deem
Div sufficient protect every body against improper
conviction.
But what are tho guards thrown around property !
Nothing but this trial BY jury, the integrity Oh thai jury
and the integrity Of your Judge In t'lh.na ese you
can RELY III first instance, upon the integrity {" your
committing Justice, next the integrity AMI wisdom OF
vour cumming court, and then The integrity vi
your grand Jury admit that III most Instances II Is an
CIR parte trial before grand jury We Ill hho" tnal
when grand juries arc summoned It il ta general thing
an expression Of the public opinion III reference to The
criminal case tina; i: to come before then! say, there.
,or. that if any change is be mad IN this trial ty
Jury at ALTO which should obect-lt would nc I:t-
ter to 10 So in re5rd 20 criminal CASE f"r what are
property suppose you bring your suit, You have no
nop. EXCEPT in the integrity vi Your orts and III the
integrity of your jury Aud why shoild we now alter
M do not believe rs my friend from Prince George,
Mr. KvLsJ very properly sad that there Is any thing
magical i'll this number OF twelve but 90 oeneVe th"
we should uever depart from practice that has received
III. sanction of the world. Has any MN complained oil
liz II not wherefore change it; For the saxc of the
convenience Of your Offices? They uc pnId Tor every
Juror that they ~ unions. Let the number OF twelve
remain and the past history oi our Juacnl Pi"eeaing
prove that 1T almost convenient TO get twelve rs
TO get seven iu can no rea,on Tor departing
from tnis RUE. have heard OF none.
Why should you mix filtration and judicial triss to-
,e.hert Why should we have part arbitration aud par
"a iicul inv e,gation If gentlemen think proper L"
rsr their 10 less number than twelve sven let
hem entr upon the records of the courts that tley refer
causes to three one to any other number which il
IS perfectly com peten for them to dc" But do MT let
mix up arbitration and judicial trial and proceedings
Do not give nh opportunity to one suto TO Gluf OIL an
other insist upon 1t that the rule should be iryied
ns i:nmut be-make il twelve, eleven, or seu,t-bui
ve it positive aud imperative. The number tht pre-
fer IS tne.re.
do not admire this mode of getting verdcts i,'ourtx
by the Loastugs Of the counsel. have too o:h
| L tn.e We all know the weakness Of human iature
suppose that r,esses TO be willing To submit
ais Jury Of seven while the other ID not wiling 20
20 So T..e latter, b. his unwngnes- is CONSTRUED iu,o
xprcs=ing suspicion OF the seven nleu. and thu he Is
sn this committee 10 retaiu this number of twev But
ouid they thuk proper change the number Of twelve
ake the number positive aud imperative and MT give
opportunity to one sutton to bluff of his advessIy
give opportunity to the sheriff 10 manage mat;Is
the purpose Of giving one sutor the advantage an
taer prefer the number twelve n all trials by urv.
vcause think it is the most convenient number nd
the same time the safest guard against corruption a.d al
sinister influences brought &c bear upon uries is
natter OF no consequence 10 my opinion whether it b.
hill Ib,j
tote for here and theu be placei the wrong part
If the constitution then the committee to whic thlr
whole subject 10 I've referred put it under it, pro-
,er head But do it will be the pleasure If the
committee to adopt the report Of the committee the
Mr.. FGLhERSON. With the leave OF the Cqnven-
.iJn Will ask to modify my amendment so as
! Is ioilcws:
.r ,vded that 10 all criminal prosecutions the tai
~ Jury Of twelve men shall be held sacred aud in
'loaic. Aud in all civil suits ut law the number shal,
,e twelve unloss the parties lt aut shall elect 10 have
heir causes decided By jury less IN number thau
| ;welve.
cannot why it is that gentlemen obisct 10 this
hing 1t cannot be Tor the sake OF uniformity, tae.
ny because if they require that why nut require their
rbitrators to consist OF twelve .neni Why permit par
les to draw their O! cour; entirely and have
lem decided in closet hy auy aumber IF men the '
nay think proper to select, and vet refuse them tho
privilege OF going into the court and selecting es;nu-
|
be eve Of the court That's uniformity that ID not
understand. As is remarked by friend near me- il
so ,nakes the will OF the arbrators the Judgment OF
the court and fixing the number Of twelve cannot pre-
vent the parties from agreeing that they will abide BY
decision of the majority. do not think Won have y
right to DO that. The parties may agree that major.
hall decide, and ia put upon the record noninally
he verdict o; the twelve, while in fact it may be
hing bit veriic: of seven. canno. see why gentle
men should object to this amendment at all / cur
very we'll see why you should not reduce the number
nclow twelve in crninal prosecutions because as every
,ody knows, the greater the number of the Jury it
;cuuires unanimous vote the less chance YOU have
having man convicted In uv opinion, the cases are
lsSimiar
Mr.. BYRD, of Frederick. have only to say that
concur entirely in the views presented BY the gentleman
from l'owhatau, (Mr HoPSlSs) and with some mcdifca
ton, i. would aaor ME great pleasure to support hi
original proposition, hut cannot 60 for it in it, present
hap", for two reasons In the first place, think tho
general ard sweeping terms in which it is coucleI have
one tendency TO break down the line of dernarkatior
etween cases in chancery and cases Mt common law
he Latter l9ing that far rs the facts are
:erned, are submitted to ares. obiect to upon
thsr groud wch Is Per'sp s more important and Prac
.ca It IS that il vii! nr.ycnt tho Mt an,