Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1805-09-14

-yAox T'HE dURoRA.
THOMAS PAINE,
TO The
CITIZENS or PENNSYLVANIA,

TO rHE
CITIZENS or PENNSYLVANIA,
ION THE
pRoposAL>FoR cALLISc A coNyENr1oN.
(Concinded.J
Another subject Of complaint in Penn
sylvauia is the Judiciary, and this appears
torequire thorough refosn. Arbitration
will of selfreform q great part, but much
'willremainto require amendment.
The courts of law still continue to go
.en, as to practice, in the same manner as
when the stale was British colony. They
have not yet arrived at The dignity OF In
dependence. They hobbie along by the
suits aud crutches of English and antiqua-
ted presidents. Their pleadings arc made
40 of cases and reports from English law
books; many Of which are tyranmcal, and
all u them are now foreign TO US. Our
courts require to be demonstrated, for as
they are at present conducted, they are
G,shonorio the Dational sovereignty. Eve
" case 10 America ought 10 be determln-
ed oh us own merits, according TO Ame-
rican laws. and all reference to foreign adj
publications prohibited. The introduction
at them into AMERICAN courts serves only
to waste time. cmbarrass causes, and per-
plss ,uries. This reform alone will reduce
cases 10 q narrow compass easily under
stood. 49,
The terms used in courts oflaw, in she
riiFs sales, and on several other occasions
M writs, and other legal proceedings, re
qg're reform. Many ofihose terms a,e "a.
tIn, and others French. The Latin terms
were brough; into Britain by the Romans,
who spoke Latin, and who continued in
Britain between fosr and five hundred
years, tom the FIRST INVASION OF it by Ju.
Jus Caesar, Hhy two years before the chris
tien era. The French terms were brough,
by the Norruans when they conquered
ingland in 1906, as 1 have before shcwn,
and whose language was French.
These terms being still used in English
law cauf;ssshew the origin ofthose courts,
and are evidence of the country having
hereunder foreign jurisdiction. But they
serve 10 1'ysfify, by not being generally
understood, and therefore they serve the
purpose OF what is called law whose bust
hess lsto perplex; add the courts in Eng
land pat up with the disgrace of recording,
fn.ssgn jurisdiction s. foreign conquest, for
The sake OF using terms which the clients
end the public do moi understand and
nom thence 10 create The false belief that
law IS a learned science, and lawyers are
reared men. The English plraders, in
order to keep. up the farce OF The profes
sion, always compliment each other, tho
in conlraa etion, with The title OF nu learn.
ca brother Two farmers CIR two mer.
chants will settle cases by arbitration,
when laayers canpot settle il by law.
Where then is The learning of the law, or
what is il good for!
II IS here ncccssary 10 distinguish be.
tween taspyrr's lar, and iegislafpe Ian
Legislative law is the law of the land en-
acted by our own legislatures chosen b,
the peoplc for that purpose. LAWYER.
law is mass OF opinions and decisions
many of them contradictory TO each O
fher, which courts and lawyers have in
stituied themselves, and is chiefly made
up Of law reports of cases taken from En-
giisb law beoks.--The case Of every mar
ought to be tried by the laws of hi.
own country which he knows, and NOT b,
opinions and authorities from other coun
tries, of which he may know nothing. A
lawyer in pleading, will talk several hour.
about law, but it is lawyers law, and no,
kcgistafiUe azv, thai he means.
The whole OF the Judiciary needs re.
form. Il IS very loosely appointed in mos,
of the states and also in The general 90.
vernment. The case, l suppose. has been,
that ihe Judiciary departmental a conslitu.
iion has been left 10 the lawyers, who
might be in convention, to form, and
they have saken care 10 leave il loose. To
say that Judge shall hold his effice dur.
ing good behavior. is saying nothing; for
the term, go1d 6ehavior, has neither o
legal nor moral definition. Inihe com.
mon accep'ation Of The term IL refers ra.
Their to a siile OF manners, than 10 princ;.
pies, and may be applied 10 signify differ
an, and contradictory things. A child 81
good behavior, Judge of good behavior
a soldier of good behavior in The field. and
dancing master Of good behavior in his
school. cannot be the same gooJ be hsvi.
or. What then is the good behavior OF a
judge3
Many circumstances IN the condu6 and
cha'aelsr Of man may reader him unfit
10 hold toe Office ola Judge ye, not amount
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