Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1805-09-07

ssaxaacc ofths government Of the state, and
the expense Of supporting the courts there.
ofbelong 20 the 'psiblic, because the pre-
servation Of the peace Is q public concern.
But Civil cases, that is, cases of private
property between indisidu als, belong " hol.
" to the individuals themselves; and ali
that government has consistently to do in
the matter, is to Establish the process BY
which the parties concerned shall proceed
and bring the matter to decision then-
selves, BY referring it to impartial and ju-
dicious men Of the neighbourhood, OF their
own chusin9. This IS by far the most
convenient, as to time and place, and the
cheapest method to them; for tits bring
ing jusire home 10 their oycf doors without
che 'chicanery OF law and lawyers. Every
case ought TO be determined on its own
sneri,s. without the farce of what are cal
led pyecedents, or reports OF cases; be-
cause, in the first place, it often. happens
chat the decision upon the case brought as
precedent is bad and ought to be shun-
ned Instead OF initiated; and, in the Sc
coni place, because there are no two ca.
ses perfectly alike in all their circumstan-
ces. ana therefore the one cannot become
IuiC vi QCCl1iOU fn Vic OtiCtet Il - JUS
dice and good Judgment that preside by
fight,in court Of aroitr alton. tits forms,
quoted precedents, and contrivances for
delay aud expense to the parties, thar go
rern the proceedings of a court OF law.
BY establishing ar5itrationsie the room
Of courts Of law for the adjustment Of pris
ya,e cases, the, pubic will be eased Of a
great part of the expense Of the present
Judiciary establishment for certainly such
a host of Judges, associate Judges, presi-
dents of circuits clerks and criersof courts,
as are at present supported at the public
expense will not then be necessary. There
are, perhaps, more of them than there are
criminals 80 try in the space of year,
Arbitration win lessen the sphere of pa-
tronage, and il is not improbable that this
was one Of the private reasons for mega
living the arbitration aGt but public eco
nomy, aud the convenience and ease of the
individuals, ought to have outweighed all
such considerations. The prescott admi-
nistration ,ofthe United States has struck
of a long list of useless Offices and econo.
missed the public expenditures, and it is
better TO make precedent OF this than
10 initiate its forms and long periods of
election which require reform themselves.
A great part of the people OF Pennsyi-
vania make principle OF not going to law,
and others avoid it from prudential rea-
sons yet all those people are taxed 10 sup,
port judiciary To which they never resort,
which is as inconsistent AID unjust as il
is in England to make the Quakcrs pay
tyihes 10 support the Episcopal church.
Arbitration will put an end to this imposi-
ton.
Another complaint against the present
constitution Of Pennsylysnia IS the grea,
quantity OF patronage annexed TO The Office
OF governor.
Patronage has natural tendency to en-
crease the public expense by the tempta-
ton it leads to (uniess in the hands Of a
man wise like Franklin) multiply office,
within the gift or appointment of that pa.
tronage. John Adams. in his adminis.rs.
ton, went upon the plan of INCREASING of
fees and officers. RE expected by thu:
INCREASING his patronage, and making nu.
merous appointments, that he should at
tach numerous train OF adhcrents to him
who would support his measures and his
future election. He copied this from the
corrupt system of England; and he clos
ed his midnight labour--by appointing six
teen new unnecessary Judges, at an ex-
pense iothc public of thirty-two thousand
dollars annually. John counted only on
one side OF the case. He forgot that where
there was one man to be benefited by an
appointment, that all the rest had to pay
The cost Gift; and that by attaching fhe
one to him by patronage, he run the risk
of losing the Diany by disgnst, and such
was the consequence and such will C.
yer be the consequence in free country
where men reason for themselves and from
Z themselves, and not from the dictates OF
others.
The less quantity Of patronage man is
iaeHmbered with, the safer he stands. He
cannot please every body by the use Of il
and he willbaye to refuse, ard consequent.
)y to displease, greater number than he
can please. Mr.. Jefferson gained more
friends BY Diminishing a long train Of off,
GERS, than John Adams did by appointing
them. Like wise man, Mr.. Jefferson
dismaniled lfofpstronsge.