The Montgomery advertiser., 1901-07-09

once you wili place opon to6f661< o&0
 necessfty of eivfne youf reA4ono CT fE
 and. take my word for it, y6o w1Il 10&
 mora men differing with xou shan e4o4
 on your slde. sfsytx x
 New 1t has been said upon tsie asop
 that these gentlemen are sfandin. "
 thess ancient iAws and these Anel61o
 practices simply because they wot1 ls&
 dulged In by our fathafpvS m m4nv
 eases that is true. But, guntiem6n Lf
 contend here today that it wou1o k6
 better for the people of this conoG1r1,.
 and t would be better for the oeao4 6k
 Alabama, If many cageA if We WoG54
 walk in the foot-prints of oHfsfatn6vG.
 God speed the day. and I think flcAeoA
 the first rays of It's dawning, when fn6
 people of Alabama can return e tn4 ancient practices and customs of thooo
 good men who have sone before ue, At.
 least in some respecta.
 Now. what is it you propoes 0 do9 stead Of twelve. to render . verdict.
 Win this encourage litigation Will It stimulate iitisation? Gentlemen. I
 insist that 1t win stimulate litieation.
 insist that its tendency win not be Co
 quiet litigation. Whyf Here is .
 man has case in court. Twelve men
 render a verdict against him. xh9to ls not Q man, woman or child in all
 this land who knows anything abUut
 courts, but what knows that it requffee
 the concurrence of twelve tnin6n c
 render . verdict in . civil or cr1minAl case. I say when . man hes . cAoo
 In court and twelve men render | yNe- dict against him. he bsgtns tDv thiu&s and he says rThsre are twelve mel1A- twelve intelligent oitinsns, and s0oy say there e oxmsrit h my casee%4 there 10 no strcneth In ny p0sltiOn; and, therefore, must be mistaken n
 my contention" But let that man bo- lieve that there are three inteiiieotlt men standing up to him, three tbon who saw the fActs e he saw them. and just nine men Againbt him, he will n4ys There were three men for me, ana ! will renew my light and VIII stssngth- sn up my line and 1 will prsseut s4o case. and these three perhaps will - 
 reversing the cAsef
 The President-The gentleman VIII please address the chair when he oe- sires to interrupt . speaker.
 Mr. Bocne--vsry well, sir. VIII e
 Mir. Martini say M will simply - when twelve Tnsn rise up and say thete is no virtue m your case will puk auistus upon 1t; but when oniy n1no mon rise up aud say thsss is no vtfsup in your oAss bscauss thrse uaeA eta1a up and contend fur it, it ts noe ceSeulae- cd so quiet litigation. Ahs but thev ~ juror may be bribed anA tt is veesle1o to bribe three jurors and it is p0eglblo, perhaps, to bribe the Judge. All thepe things may occur: but sey that fs no reason for altering this rule ef iung standing, which is we'll founded in the jury system of this couhtry.p
 1 would say to the gentlemen of thig Convention. In the language cf selno eloquent man upon this fleor. Ne ha1 better pursue the course of eur f&th1xD and travel and use the oar with wninh they steered.
 matter which should be decided run the standpoint of reason, tha motives of men on the other side should not be assaiied: but 1t has been saia here that it is being urged by men who want to hold up' corporations. Forty-three of them voted here who, am as suro were as patriotic as the gentleman who voted on the other side. might just as we'll and with just as much force say, if were inclined to do if. tifoG8h I am not. that the only opposition comes from the corporations, who are afraid of the jury. say 1t would be as equally fair for me to say tsnt as have said. New remember this is not an extreme thing. Nine men cut of twelve must concur In verdict. Sure- ly three quarters of any body united upon one thing carrfe9 with it coass.v- Atism. IL can not he said that Is ex- treme when -fourths of . body agree to it and must agree to tt before . result can be reaoned: but they tell us 1t is ancient. admit that it has around it's neck and over iss form q cob-web of centuries. It had its birth In the land of our fathers at . time when true men and fair women were carried to the stake and burned for It is just as old es that. Yes. 1t Is ancienb. 1t dates back to Q time when tender women and light aeareed men were carried to the scaf- fold and died because they imagined he death of tho king. Imagined the ieath of the king. Yes. it Ia ancient. It dates back to . time when fien and women were burned at the stahs be- cause they would not admit end com less that the bread and wine was the body and blood of che Savior. Yes, it laS htt OL ku8ts Dut uOc5 tu0b AnAAs " right? It dates back to that time when t was declared that the King c~ul9 not do any wrong, yet. our ancestors more than 100 years ago said that Sings could do wrong; and could do ,uch grave wrongs that 1t justified q colony in rebellion. Now they, cay tt s ancient. ooncede 1t; but these oth. IT things have mentioned are ancient llcng with 1t. Is that your sIguirsntt Do you meet the proposition on meth. ng but that? My friend says it has lot been considered by the people. Neither was the proposition which you Ldopted on Friday and refused t9 TO. consider this morning ever discussed before the people. 1. e.. that 6 Judge ,ould discharge a jury, or a legislature ,ouId authorize him to do 1t. upon whatever cause the legislature might ay they founded 1t. We have there broken down q provision that stands n every Constitution almost in the American Union and has stood in every Alabama has ever had. Ny friend suggests why 1t took so long liter the decision in the Dartmouth College case to reach the proposition hat the legislature had the right to mend or repeal a private charter. All hese things are hedged about with hese ancient things. But want to tut the question to you upon it's mer- ts: Why have twelve men all the vir- ue and 1t don't abide in one? If there , virtue in the twelve. 1t must be con- eded in the greatest number of things hat there is eleven times as much vir- ue In the eleven as there 10 In on@