The Life of Gouverneur Morris

There shall be also an appeal from the decisions of the Appeal Court to the Senate, the whole according to the forms and conditions, and under the restrictions which the legislature shall prescribe.

When the subject of discussion in a civil matter involves the examination of accounts, or by the absence of witnesses out of the kingdom, or by other reasons it happens that the Assizes cannot render justice, then the cause may be either commenced in the Court of the Pretor, or be brought there, and appeal shall be had from the Pretor to the Chancellor, and from the Chancellor to the Senate, whether upon the facts or upon the judgments rendered, as well upon the principle as upon the form, the whole in the manner which the legislature shall determine upon.

The Pretor shall be appointed in each department by the Chancellor, and shall be removable. Every dispute in matters of business and of accounts is within his jurisdiction. He shall appoint four Commissioners; the facts shall be established by a Commissioner, and they shall be examined afterwards by the Pretor if he sees fit; and in view of the appeal granted on the facts, the depositions of the witnesses shall be written before the judgment.

There shall be in each department four Inferior Judges appointed by the King, who shall be removable, and their warrants shall be countersigned by the Chancellor. The Inferior Judges or two of them, with one or more Judges of Assize, shall hold the Assizes. A single Judge of a department can decide on the forms and adventitious circumstances to accelerate the proceedings, and obtain an eariler decision upon the principles of the case, but an appeal may be had from his judgment to the Assize Court, and thence a further appeal.

The register shall be named in each department every three years by the Assize Court sitting in the Spring, from among three persons, who shall be presented by the administrative body.

Every transfer or hypothecation of real estate, must be made

before the Register, certified by him, and registered by the Government Attorney in the archives of the department; and every deed must be so registered, and the copy of the registry certified by the Government Atttorney shall be available in justice; the whole to be according to regulations which the legislature shall establish.

Decisions in Assize Courts on facts shall be by juries of twelve respectable persons, and the witnesses shall all be pub licly examined in presence of the jury and of the parties.

To form the juries, the electors shall choose every two years in each in each district forty-eight persons from among the holders of property in the district, and the list of them shall be registered at the administration and at the registry of the department. The Constable shall make for each case a list of forty-eight persons, according as the Court shall direct, and shall cause them to be summoned to appear under penalties, at the time and place designated, for judging the case. Each individual shall have the right of challenging six of the jurors without cause, and others for sufficient cause, and of the remaining number, twelve shall be drawn by lot to sit in the case. It is necessary that the verdict of the twelve composing the jury be unanimous.

The Contsable shall likewise summon, when necessary, twenty-four persons for a grand jury of the department; and no person shall be judged at the Assizes for crime or of fence, until he shall have been previously accused by the grand jury. The grand jury shall decide by a majority, but twelve voices are requisite for an accusation.

A person belonging to the grand jury cannot be summoned for another jury.

The King shall order extraordinary Assizes whenever circumstances require it.

To judge of crimnal cases the Constable shall summon forty-eight persons, and the accused shall have the right of challenging twelve without cause, and others for sufficient cause. The twelve of whom the jury consists must be agreed to acquit or condemn.

Each person before taking his place as member of a jury shall make oath to give impartial attention to the case, and to speak the truth according to the evidence.

In every suit, before submitting it to the jury, the statements of the parties must be reduced to direct affirmations and negations, that the jury may be able to decide by yea and nay. And for this purpose in every complaint and every defence the facts must be precisely stated with the time, place and circumstances, that the opposite party may admit or deny them positively, and prepare their proofs.

There shall be in each department a Constable appointed by the King every year. His warrant shall be countersigned by the Minister of the Interior. He shall appoint in each district a serjeant, and such number of tipstaffs as he may think proper. To the Constable shall be addressed every writ, sentence, order, or letter of execution whatever, to execute the same. To him belongs particularly to keep the peace of the department, to cause the police to be performed, and the laws to be respected. It is his duty to suppress insurrections, and the citizens are required forcibly to assist him, his serjeants and tipstaffs, when called upon in the name of the King.

The Constable is governor of all the prisons of the department, and he shall appoint the deputy governors, jailers, and other necessary officers.

The legislature shall determine upon the rights honorary and pecuniary of the Constable, of the Government Attorney and Register, in such manner that these officers, their substitutes and agents, shall not be chargeable to the treasury. For it is right, that the citizens should pay the expenses resulting from the execution of the laws, when they have recourse to the protection which they afford; and it is right, that he, who will not render to any one his due, should defray the expenses which his bad faith makes necessary; finally, it is right, that the good and peaceable citizens should be protected in the enjoyment of their property, at the expense of the malevolent and unjust.

To avoid as much as possible lawsuits and quarrels, there shall be conciliatory tribunals for the resident inhabitants. The conciliatory tribunal shall be composed of one Justice of Peace and of two respectable citizens of the neighborhood, whom the Justice of Peace shall summon. This tribunal shall hear the statements of the parties but not the witnesses, and shall recommend means of accommodation.

If accommodation cannot be had, the Judge shall give to each of the parties a certificate of having appeared, that he may be able to proceed; and if the parties have agreed on the facts, it shall be declared by the same certificate. The facts upon which they have agreed shall likewise be stated, in order to abridge the process of law when it cannot be avoided.

The Justices of Peace shall have such other authority, as the legislature shall grant to them; and the legislature shall establish from time to time all the tribunals, which shall be deemed convenient, useful, or necessary, and shall regulate all proceedings that shall be necessary for the most perfect distribution of justice, and to protect the property, rights, and privileges of all the citizens.

INDEX OF LETTERS.

Allen, Ethan, to the New York Congress, i. 54.

Alsop, John, from, i. 113.

Atwater, Russel, to, iii. 345.