Page:United States Reports, Volume 1.djvu/247

 

OYER and TERMINER &c.

at Philadelphia :

February Seffions, 1788.

FTER fome converfation with the Grand Inqueft, the Attorney General informed the court, that a lift of eleven perfons had been prefented to him by Foreman, with a requeft, that they might be qualified and fent to the jury, as witneffess upon a bill then depending before them. He ftated that the lift had been made out by the defendant's bail : that the perfons named were intended to  teftimony in favor of the party charged, upon facts with which the Inqueft, of their own knowledge, were acquainted ; and he concluded with requefting, that the opinion of the court might be given upon this application. accordingly, addreffed the Grand Jury to the following effect:

M‘KEAN, Chieƒ Juʃtice.– Were the propofed examination of witneffes, on the part of the Defendant, to be allowed, the long eftablifhed rules of law and juftice would be at an end. It is a matter well known, and well underftood, that by the laws of our country, every queftion which affects a man's life, reputation, or property, muft be tried by twelve of his peers: and that  unanimous verdict  alone, competent to determine the fact in iffue. If then, you undertake to enquire, not only  what foundation the charge if  but, likewife, upon what foundation it is denied, you will, in effect, uturn the jurifdicition of the  Jury, you will fupercede the legal authority of the court, in  of the competency the queftion, that queftion may be determined by a bare majority, or by a much greater number of your body, than the twelve peers prefcribed by the law of the land. This point has, I believed, excited fome doubts upon former occafions ; but thofe doubts have never arifen