I will observe that the right of trial given by this section, to wit: “if either of the parties require it,” is a dangerous mode of proceeding, and may tend unwarily to entrap them. The person brought before the court for a misdemeanor, asked if he requires a jury trial, may be ignorant of the evidence, and may not know the benefits of a trial by jury; he must at all events show a want of confidence in the court, or waive a jury trial. If he does the first, he may sour the minds of the court. The party is thus put in a situation which may be worse than if he was deprived altogether of the right of a trial, by the necessity of making a choice which may operate more against him. The bill therefore does not secure the right of a jury trial, as contemplated by the constitution.
Mr. Sloan said a few words in support of the motion, which was lost—yeas 20.
[At this stage of the business we attended the trial of impeachment in the Senate, and cannot with perfect correctness state the further proceedings of the House on the bill. We understand, however, that the new section, sometime since offered by Mr. G. W. Campbell, providing for the election of a Legislature by the people of Louisiana, instead of their being governed according to the bill from the Senate by a council appointed by the President, was disagreed to—yeas 37, nays 43.—Reporter.][9]
Saturday, March 10.
Georgia Claims.
Mr. J. Randolph moved the taking up for consideration the resolution offered by him on the claims under the act of Georgia of 1795.
Mr. Elliot moved the order of the day on the bill for the compromise of those and other claims.
Mr. Gregg moved to postpone the further consideration of the resolutions till the first day of December next. He was, he said, perfectly prepared to act on the bill for the settlement of the claims, and to give it his decided negative; and should have no objections, but for the lateness of the session, and the great mass of important business that demanded attention.
The Speaker said, the motion to consider the resolutions, being first made, must be first put.