Page:United States Reports, Volume 2.djvu/169

 Surname Couar or Pemjplvaniai rd; the contending parties are all citizens, or fubjeéts of the fame country, feems to be as reafonable, as in difputes about proper- ty, acquired on land. I eonfefs, Ido not_fee how the law of nations is counteraéted, or infringed by it. — In England, if- piracy was committed by a fub_;28‘, it was held a fpeeies of treafqn, being contrary to his allegiance by the _ancient common law ; if by an alien, it was heldto be fe ony. . Formerly it- was cognizable by the Admirallx Courts, which pro- ceed by the rules o the civil law; but the atute 28 Henry 8. c. r 5. eltabliihed a new jurifdi&ion for this purpofe, which pro- ceeds according to the courfe of the Common Law, Here is a pre- _ cedent of an a€t of Parliament changing the common mode of trial in Europe, and introducing the trial by ]`ury, which remains. in force and practice to this day. If this can be done, where - life is the {take, a jinriari, it may be done in matters of meum el tuum._, ` _. It, then, appearing to me, that the Cangrtjr and Legillature of Penn/jlvania had power and authority to make the alteration, in the mode of trial of faétslitigated, between citizens, it re-· mains to be cnquired, whether the verdi€t in the prefent cafe was capable of re-examination bythe Qourt of Appeals, without auatberiury. The genius and fpirit of the Common Law of Englan, which is law in Bmnfylvania, will not fuffer a fen- tence or judgment of the lowelt Court, founded on a general wrdici, to be controuled or reverfed by the higheit j urifdiétion ; unlefs for error in matter of law, apparent upon _the face of the record. 3 B/asl/I. ggo. 379.- 1 Wil;. -5 5,_ This is en- forced by the aét of. Affembly of the gth of September, 1778, in clear and exprefswords, in the very cafe under conlideration ;` which acl: was pailed in compliance with the afi: of Cangrefr of the 25tIl Nowmber, 1775, and allows an appeal in all cafes, unlefs from the verdiél; of a jury ; havinga reference to the fubjeft matter, and meaning that the facts {hould not be re-ex- amincd, or appealed from; but that an appeal might be made notwith(tanding,with refpeft to any error in matter of law. The advantage of nina ·vm· evidence over written, in the invelliga- tion of truth, will hardly be controverted at this day inthe Unit- - rd Smlur; and the Court of Appeals had not the opportunity nf feeingthe witnelles on the trial, or of fo well knowing the credit due to them, refpeétively, as the jury. For thefc reafons, and others, whichl {hall omit for the fake of brevity, I am forty to be obliged to fay, that, in my judg- ment, the decree of the Committee of Appeals was contrary to the provilions of the aft of Cdllgflfl`, and of the General Al`- fembly, extra-judicial, erroneous and void. Iam ltrcngthened in this opinion by the true conllruftion of the refolve of Can- gwit, of the 15tln_7annnry, 178o, to wit, that the trials in the X2 new

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