Debates And Proceedings in the Convention of the Commonwealth of Massachusetts Held in the Year 1788 And Which Finally Ratified the Constitution of the United States
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The word court does not, either by a popular or technical construction, exclude the use of a jury to try facts. When people in common language talk of a trial at the court of common pleas, or the supreme judicial court, do they not include all the branches and members of such court, the jurors, as well as the judges ? They certainly do, whether they mention the jurors expressly or not. Our State legislature have construed the word court in the same way ; for they have given appeals from a justi...ce of peace to the court of common pleas, and from thence to the supreme court, without saying any thing of tlie jury. But in cases which, almost time out of mind, have been tried without jury, there the jurisdiction is given expressly to the justices of a particular court, as may be instanced by suits upon the absconding act, so called.
Gentlemen have compared the article under consideration to that power wliich the British claimed, and which we resisted at the Revolution, namely, the power of trying the Americans without a jury.
What to read after Debates And Proceedings in the Convention of the Commonwealth of Massachusetts Held in the Year 1788 And Which Finally Ratified the Constitution of the United States?
You can find similar books in the "Read Also" column, or choose other free books by Hale, Charles, 1831-1882 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
The word court does not, either by a popular or technical construction, exclude the use of a jury to try facts. When people in common language talk of a trial at the court of common pleas, or the supreme judicial court, do they not include all the branches and members of such court, the jurors, as well as the judges ? They certainly do, whether they mention the jurors expressly or not. Our State legislature have construed the word court in the same way ; for they have given appeals from a justi...ce of peace to the court of common pleas, and from thence to the supreme court, without saying any thing of tlie jury. But in cases which, almost time out of mind, have been tried without jury, there the jurisdiction is given expressly to the justices of a particular court, as may be instanced by suits upon the absconding act, so called.
Gentlemen have compared the article under consideration to that power wliich the British claimed, and which we resisted at the Revolution, namely, the power of trying the Americans without a jury.
What to read after Debates And Proceedings in the Convention of the Commonwealth of Massachusetts Held in the Year 1788 And Which Finally Ratified the Constitution of the United States?
You can find similar books in the "Read Also" column, or choose other free books by Hale, Charles, 1831-1882 to read onlineMoreLess
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