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

brought forward and then permit the parties TO strk
slen .cwn 10 seven, and they would have as It wer
g Jury q. their own selection while ct the same time
We voG% a-s it assinlatel oselT to the business 0
arbitration Wh- then not refer this matter to the leg
.slaie to conform its arrangement to the convenience
OF the dsy Why require them to hold on to that ca
bastic number "tve Give" which. English jurist in
US. established because there we're twelve
apostles. But il our authority were 10 come i!cn
such source seven il IN infinitely more sacred number
t!an twelve though r-he: Of the! have anything
40 nth reason anl coa!noa sense. SoT thS cues
ton bsu-e IS whether. proper REl Intelligent inen
bought INFO the jury box, there Is not greater
probability oi having verdict anu what Is scarce
y less important, Of having prompt verdict With a
jurr Of Eve or seven individuals toan With unauioils
"twelzes" would inicitely prefer to direc; our q:
tent:on to iev.ng mode OF geti. men OF sulta
bic character OF judgment, ani intelligence and
Independence, upon the jury box and then give Us nTe
if you please. / would not give q jury OF I'VE thus
constituted, for twelve twenty -four picked up as
Jurors are under our prs.eu. system, unniorned,
impatient, son=tnes half drunk as they often arc.
Many mes they haTs come to town to Guy sometime
and are so impatient to get away that hsy Will agree
to anything for tn. sake OF getting of
In the case put b! my friend from to"aata7,
mir. HopsiSs,) Of the obstinate man, who proved
10 be righ-that f.. e; the verdict OF he o!he
were commemorative did Il inform us how; thai
second trial was conducted whether It was not bette
argued, or VIII TIER new ii !opments of any sort were
brought to light remcmb:r Case somewhat stn'ia
IN which one obstinate man igld out and preTen."@
the jury from squeezing upon " verdict. and when ~;
- &c tr!ed over again, upon prccis " he
same evidence, the jury actually brought III verde; IL
favor Of the opinion u! the obstinate man, and against
the remaining ele"n Tie rssu,: has been that he has
became n conceiteG obstinate fellow Every jury must
bend To his opinion, aud he thinks he is inalllb'c
Now the remedy for th.,c grievances OF hich we h.s
so much complaint. is 10 look the mode of cons,H
ting the jury, and no: +" this caoatistic number oil
twelve. Your nrcs ought 20 be constituted Of lnen
OF intellect, men capable and independent, and having
the leisure, Uv previous arrangement for the adjust.
ment Of their own private business, so as TO enable
them 10 Judge Of matters coolly and deliberately and
TO apply the law explained by the court, and they
will give rs verlics in which re can place CONT
dence. That is the remedy which desire, ard !
do trust this committee will reflect upon tho matter,
and that hsy will b.ad NJ tho jury trials IN The
manner Indicated and that they will, at least, exam
inc the 1hraseology Of this section, and sec whether
he effect will not be 10 break up the whole business oi
chancery jurisdiction, ard all those other tribEna
without ;uries which arc now found by experience .
nc Infinitely safer, and more decisive .aa the "!dnar
operations Of 4 jury OF twelve men.
Mr. BROWN. see some ambiguity and some inroi'
venence in this clause TO which my attention has been
drawn by the gentleman from Jefferson, IMr. HrSrER)
think however it can be amended 50 as - obvIate
the difficulties call the attention nt its friends t.
this amendment. propose 10 insert the ~orcs 'a'
common law" that the section will read, "Ihal IN
all criminal prosecutions, an. ii All controversies re.
specting property, and IL all suits between man 2ut!
man at cyu.oe Jar, where tie subject OF controversy
ssi; c:cred the sum oil twenty dollars, &C. |o" II
was never Intended, Know, By TIE friends ol the
measure 70 Interfere with the proceedings in choncerY,
or the proceedings before the hastings court or e"re
Tie justices Of the peace, wherever the proceedings
Ar, not At common law Their desire 10 prescribe
that in all cases al common law jury Of twelve men
sha be held sacred. think, hJwerer. probably my
friend from Jefferson mas not as much confidence IL
iuries as have. admit that IN Virginia we have not
been a. careful in the selection Of OH: ur!cs we ought
10 have been but with all the impe-icCtions, would
not give il for any Institution known admire it, and
never will part with it !! can help i; nor will /
ever Dart VITA the nutub,r t"elve !! can help It. II
The gen,.cmaa from Jefferson can remove the mpaenre
undsr which they sometimes act, will unite with him.
will act with him in making any improvement, nut
shall differ with him whenever lie attempts .onradc
upon that good Old number Twelve. do not kno"
whether there i. anything in that Number except IL
long standing, but while We have 10 fix upon some
number whv depart from that Tcnerated institution.
and KAT ycueratcd Eu.nbe.f now propose tie amend
meat lave indicated, an hope II will be the good
pleasure of the friends Of The measure to acceP!t
Mr. HOPKINS. l do not believe nave the power
70 accept the amendment Of the gentleman. rise 10
saw that think it would be al improvement of the
original proposition, and that shall, and hope the
friends oil the measure will generally vote for it.
Mr. Bolts. simply want TO make one remark in
reference to the subject hlch has just been REFERRED
the reuteman from Powhatan. (Sir. iorkiH.l that
far NJ my kowed &C extends. the purposes Of the COM
mitlce will bc fully accomplished oy the insertion oil
the proposed wards.
man from Preston (Mr. BEowH,l whether hi amend
ment will, after ali, accomplish his object The term
..at com non law" IS somewhat comprehensive one.
mt it docs not cover al! csc: OF controversy. There
are various cases which, understand il, would not
,ome Under the term ct conmca law" Vow, SIG.
,tIs hp, q would NJ
answer every purpose to leave tic bill Of rights just
! IS il nos sand,!
Mr. BROWN would remark to nv friend from
LOGAN, (Mr. FERcc.oS) tina: although the term "at
Common Law" des embrace all The case, IN wh!ch u.
res ar, used yet if We coaue The nEn.rcr af jurors
common law 70 twelve, take i; .r granted that When
he leg 81 ture authorizes thetras by jurie in all cases
and THIS constitution prescrbes the nmper twelve fol
MI cases at common a", they will hardly discrIla
nate in the cases which have been referred to by
my fl nj over the way, lNs EKsC'oS') ana maze ID.
| numb - 80.
,ition is cumbrous, and Contains unnecessarily mi
auta for which there Is no necessity. II the ohjec
I, be secured be simply trial by Jury, aud that the
number shall be twelve, appears to me that the siu
| ,sst way in which you eau accomplish your object il
est Shall if the amendment Of the gentleman from
| Pres. On b. voted down, move tie amendment hich
,.nd TO the Chair, and if the committee concur in H.
sha, m We to put the constitution, aud will thci
70 for lie H.: the hill OF rights just asst is
I Mr. STROLLER. ! rpcrel, desire to say why
gree very der .dedly W.T. the gentleman from JET.
an in the opinion that tie qacsl!on ought 10 be ci,
.too, y. Inc old constitu;lIa, arr IA! It can dc sa!c
rruste with the people OF the future rs il las beri
,r,Isted Sthths people Of the past; aid why thnl
il ,omewh Ut anomalous that with the hand We snout
re ext.ndinS privileges to The people, and with TIT
,,ncr we sI vld sten upon 'scn certain useless re
s,rictions II 1t IS tie pcasure 0! the committee II
nv tel. acts doubt OF the power and capaci
~ IF The ncople In the future to take Of their
crcd rights, rhink it best for them to adopt the sg
-estion of the c.utenan from Logan. 1t seems to
h.rc are two b, anches TO the arguments of the adro
cates Of the proposition There danger in the fir,
Mace that the number twelve may be nfnnged upo
in the futlre Thai is guarded against by the ssgges
| lion Of the gecIemai1. There seems 10 be anotLc
branch of the argument, and the position is that HI
rights of persons and property are dependent entre
upon the trial by the jury C: twelve: think do no
nisapprshcnd gentlemen in siPpo:siEg they urge tEn
privilege as infinitely important. think the gentle
men holding that view ought ncS to AXE the PROPOSE
tion Of the gentleman from Loan bli ought TO TAX
| 10 at once By the roots AL Ills xsancery jurisdiction
md m ,de, Of decision, Because ii man IS safe in hi
r,c}t. onls when he is treo By ary in common Law
for N Of action he is o-ns these rlsS:i !! nc allows
Jude 10 decide upon the facts and upon The sam
| ah,s only hv different mn, q OF Prosecuting. And