In Springville v. Thomas22 it was claimed that the territorial legislature of Utah was empowered by the organic act [of Congress] September 9, 1850, to provide that unanimity of action on the part of the jurors in civil cases was not necessary to a valid verdict. The Supreme Court, however, said: " In our opinion the Seventh Amendment secured unanimity in finding a verdict as an essential feature of trial by jury in common-law cases, and the act of Congress could not impart the power to change the constitutional rule, and could not be treated as attempting to do so." The reasoning thus applied to the Seventh Amendment would of course equally apply to the Sixth Amendment. It is clear, however, that this dictum has been overruled by the Insular Cases so far at least as regards the power of Congress over unincorporated territories.

19 United States v. Dawson, 15 How. 467; 14 L. ed. 775; Jones v. United States, 137 V. S. 202; 11 Sup. Ct. Rep. 80; 34 L. ed. 691.

20 127 U. S. 540; 8 Sup. Ct. Rep. 1301; 32 L. ed. 223.

21 By the later Insular Cases four of the justices held that this is true only as to " incorporated " territories, while Justice Brown held that it applies only when Congress has expressly or impliedly extended the Constitution to the territory in question.

22 166 U. S. 707; 17 Sup. Ct. Rep. 717; 41 L. ed. 1172.