Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1857-11-06


than bv the court. He did not believe n
that this would increase litigation and the y
costs of suits, bat quite the reverse. He o
was surprised to find twenty-four out OF b
tenty-eight lawyers voting against this c
bill. The Chair interrupted this Perso-
nal reference. and Mr.. Aidrich waived |
the point. il
Mr.. Stewart Of Middlebury question ,
ed the gentleman from Hartford, with a
view Of showing that the statistics were
but approximate estimates, which Mr..
Needham admitted.
Nr. Stewart of MidJlbury deemed
any appeal or reference to particular
men or particular classes in this House
an insult to the House itself, as contain
ing a doubt Of its ability to pass upon
the merits Of the question. Mr.. 5. said
the only question, in bis Judgment, Is /
whether the House will or viii not in
/ fringe upon the right Of the peoPle-the
constitutional right Of every Individual
/ The set ofI856 upon its very face shows
that it is an assault upon this right; 1t
| does not absolutely deny the right, but
\ thro;.les it. Gentlemen who sustain
/ this case 10 not take the same ground on
the fugitive slave law. No-the trial by
/ Jury is sacred, when the fugitive slave
} law assails it. 1t Is nothing when it
/ comes in collision with this act for the
supposed benefit Of Windsor County
In his county the law is not wanted, and
not used. and he would not consent that
any sutton in court there should be deni-
ed lis right to have a trial by jury
{ The last Council Of Censors recommended
s an amendment to the Constitution, to
give power to ;he Legislature TO pass a
reference act, bat that power was not Civ
en-. This fact shows that the Constitu-
lion is in the way Of the act Of last veal
. that the Council 50 regard it. He would
= repeal the act for this reason, and in the
= exercise Of the power and the duty 0
this House to revise the action Of las
: year.
+ Mr. Hubtacl Of Stockbridge said i: /
admitted that book account actions cal
o be referred, because these actions existr-
by statute before the constitution wa
D. adopted, IF SO. many other cases ma
to be referred FOR the same reason. 1t
Z objected that " the within of one man
= may cut of trial By jury. Bat the eOul
! consists Of three men. does it take tire
At men to make enc Judge, On the rule tia
at It takes nine to make q tailor lie L.
al this to the layers, Bu; is trial by jur
al cut of? No; when the case is mad
S up before the referees it can be tried /
nt - .I-~.----:----c --.L--r--.----D d
= the referees constitute a sort OF jury
P they are appointed by the court to do tt
d. duty of jurors, that Is to find the fact
as and will be quite as likely as any jury
al ind correctly. Moreover, this is all dor
III under the direction and discretion of Il
d! courts, The courts viii not violate Il
&c constitution. As 70 expense: it W
IL certainly be cheaper TO try causes vine
ca there are many Witnesses, in the Wei.
'o' t. Of these witnesses, than It would be
ST. take them al to the county seat. The
Is are other cases, which ought from th
1'' nature TO be referred, but in which t
'17 party in the wrong viii not consent,
re- cause he wishes to stave of a trial G
ave weary out Lis adversary. The law
10 abies the court TO refer these cases.
D'' is said litigation VIII be increased if
.eE- it viii be in spite Of the act Of 1856. Z
nat not because Gift. There is q moral Vi
en- to this case ; in compelling men to s
- tie their suits, OF to refer them, instead
mai proracting litigation.
but 3Ir. Marsh Of Brandon had 10 refere
and TO the opinions Of legal men here or e.
where, in his action in the House,
bed simply to the merits Of the cases subj
we'd ted tor his action under his oath.
but had some doubts last year on the con
Coi- tutional question; be had some dou
7ula now and he would not disregard
1t OF constitution, because it was fashiona
Dir. TO Do 50 in the south. But to crafty
feet or three large counties in the State,
lave consented to the bill last year. It
a piled to various cases in which jury t
by Is no; given, and which should have
II to privilege, if gentlemen would carry
he their views consistently. But the Co
to and the people are now divided as to
Vio- act Of last year, and he was ready tn
t at peal it, and stand on the old law, wi
1out reference Of cases whenever both PAL
Istie5 agree. If sui,ors in large counties
spec now troubled by reason Of delays
one) large dockets, they can help themse
law, BY voluntary references.
I