The Montgomery advertiser., 1901-07-09

XEMA4CkI1MA. 8XE4AkARs xAke W GAASs <hat hfs time had expired. On motion, bx unanimous consent his time was &xtended.
 1fr. White-I am very much obliged Co my friend (Mr. Cunningham) but have about concluded my remarks.
 Mr. Weatherly--In the short time al- 1otted by the Convention, will do aomething that do not often do. re- quest the members not to interrupt me. mean by asking questions:
 Mr. President. when 1t was charged by the ex-Governor of the State. then the Governor. and I use the word dis tfnguished in good faith and mean what say, that there was danger of the Constitutional Convention tamper- Ing with the Bill of Rights and dis turbing the right oi trial by jury, as an argument against the calling of a Constitutional Convention, treated the suggestion with ridicule. But here we gre deliberating soberly upon a ques- ton of whether or not the right of trial by jury shall be so impaired that one of it's most essential constituents shall be taken away. l have great deal more regard for the judgment and foresight of the distinguished Governor
 MT. White-May interrupt the gen. tleman?
 MT. weatherly-I decline to be inter- rupted.
 The argument for a change in this right of trial by jury is utterly falla- cious. The minority ask, why should unanimous verdict on a question of fact be required and enforced from a jury. "A majority of one vote in this Convention either puts proposition in the organic law or rejects it." deny it. It may put it tentatively in this Constitution. but 1t must go to the peo- pie to be affirmed or rejected. "A ma Jority of one vote in each house of the General Assembly creates, repeals or modifies a positive law, regardless of the magnitude of the interests involv- ed" I deny it. It must be passed on bv the other house and passed on again by the Chief Executive of the State. "A majority of the Senate of the Uni- ted States ratifies or refuses to consent to a treaty with a foreign power" In one sense that is true. But now do they act upon it? They act up- on 1t as 6 check upon what has been done by the Executives, and it takes. two-thirds, as has been suggest ed. "A majority of single vote in a half million in a pivotal State. may elect a President of the United States, change the policy of the Coy ernment and bring prosperity or ruin to seventy millions of people," On its face that looks like it is true, but it is not. Under our peculiar form of cleo liens whereby elections are had by States. minority of the people of the United States may elect a President, and have done 1t. The system was de- vised for the express puprpose of put ting check upon ,najorities. and. MT. President, there is not a single insti- tuition in our republican government that is so coqstructed that it is eft without check. without some other power to check its operation. Our .ys- ten of checks and balance in the op- eration of cur Republican form of goy- ernment is one of the chief sources of the admiration which other nations accord to us
 So in the Supreme Court of the United States. five of the Justices against four held the income tax un- constitutional" They held it upon an appeal from another court. And I am not sure but what the very gentlemen who raised this question will agree that 1t Is always safe to leave the de- cislon Of those questions to a bare ma .crity, even of the Supreme Court. I nave heard more dissent and dissatis- faction expressed on the score of those decisions. Besides there is a natural check to the action of the court. If is composed or trained lawyers who have yuontns Tn which to deliberate upon question, but in the case of fur iala they are required to be speedv and oI, The facts are taken before the hurv Ihey act on the spur of the moment Iney act sometimes under excitement Iney act under the stress of ponuIar P preJuoice; and to authorize them to Dring Tn verdict by bare majority 70 give speed to nasty and ill-cor. sidered verdicts in opposition to truth and right, and justice What ara tba real reasons on the other hand for re- quirii& a unanimous verdict? I nuote rom Pronatt on jury trials, using it fin prelerence to any language of my own devising: '""
 Eaeh member of the jury is sworn 70 oeciare the truth according to his oonscence. A single member. if con- ecientiously impressed with A view oF statement of facts. different iron, the others, is as much entitled to have that view considered as the view of tbe maprity; that when unanimity is re- quired, the facts in the case are more thoroughly and fully investigated with the view Of bringing this unanimitv Apout-lor 1T mere majority are agreed at the first consultation there would pc no necessity to deliberate ai,, reason together with the view of mak- Ing a unanimous verdict When A unan- lmous verdict is required, each membor however insignificant. has a right to explain his views and to comneI the majority to listen to him; for 1t has been well said, truth Is established hv investigation and delay, but falsehood prospers by precipitancy. That tba verdict or twelve men if rationallv ob- tained. is more likely to be oorrect than that of nine out of twelve. If is caicuiated on the doctrine of urooabilI- ties mat the probability of error in A Verdict where a majority of nine out or twelve is sufficient for a decision. ia aDout one to twenty-two, while unan- imity is exacted it it one to eight thou sand, and that a decision of twelve men, when unanimous will command more respect and weight than nine out Of twelve, or than the decision of q mere majority"
 The time of the gentleman here ex- pired, and on motion of MT. Sanford was extented ten minutes.
 Now, in addition to that, I want to present this fact to this view of this Convention. My own idea about the real essential value of a tuhy, tYfal which requires unanimity is this. if protects those who are unpopular in the community and who would other wise be oppressed under the laws of God; but there is always one man at least can be found who will stand m