David Josiah Brewer

“ Whatever may be true as to legislation which changes any mere details of a jury trial, it is clear that a statute which destroys this substantial and essential feature thereof is one abridging the right. ”

“ The territorial statute was relied upon as authority for this action. Its validity, therefore, must be determined. Whether the seventh amendment to the constitution of the United States, which provides that 'in suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved,' operates ex proprio vigore to invalidate this statute, may be a matter of dispute. In Webster v. Reid, 11 How. 437, an act of the legislature of the territory of Iowa dispensing with a jury in a certain class of common-law actions was held void. ”

“ But if the seventh amendment does not operate, in and of itself, to invalidate this territorial statute, then congress has full control over the territories, irrespective of any express constitutional limitations, and it has legislated in respect to this matter. ”