The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-01-25

Tc you gentlemen, is fra committed the inpor-
tsnt fruit OF giving iueh laws to this hourh;ng dt-
frict,as ioeA wants fha fuggea and the interet Of
the citizens may require. A trut important and ar
eucus brt one ct which patrotiim and tsuts, WILL
inirrs 4 faithful and able dilcharoe I conhdentl,
look 70 you gentlemen, for theie qualifications asd
doubt not but your laboursM be brought to for
tunate cioe. The obftacies however, have TO far
n,enIt cugis not 10 be concealed. To mifc aleu-
= late them ia any way, might prove injurious To
siteen our duties light to require Extraordinary
exersioR, would be to in extreme 70 be DIFF
mayed oy an approximation of their gigantic weight
would be equally unfortunate the ether. To
know that they within the compass of our pow
ers, and not much below them, is the happy mean
which encourages exeftieD and INJURIES iucceis For
my part, am deeply fen!ibe of the deleacy and i'm
portance OF the tituation which my preent Once
places me- enter upon t wit, degree OF diff
dence, produced by exiting circumfances and the
expectations of the diftri-NIy only fources Of con-
hdence are in your widoni and experience and in an
hsneit intention my pare, aiiit your councils il,
every meaiure that may tend promote the public
good.
The territory Of Orleans, in fome points may be
ccnldered territory {; but for the moi part as
one more than matured-Nuch is to be created hut
more regeuerated Too great care, therefore, cam
not be taken TO draw the true line of dnn9ion be-
tween thoie parts OF the iyfem which require only
to be strengthened, and thofe that demand reform
innovation in irnpeuous careleis hand ocn does
injury but when evils exit, the Incidence or t,ni-
dty chat reiues to extirpate them, part,ies in the
criniinslisy OF commiihon. Begin then, gentlemen
the work OF caution but it is your province to pre-
pare your country for the political rank that awaits
her.
The 6rf objs6 Of your attention, | trait, will be
TO provide fyitem Of uriiarudence iuited to the in
teret, and much poiible adapted to the habits
OF the citizens. This fubje9 hold, indeed receive
the eareh attention, for until fome judicial organic
cation is directed by the Legislature the territory will
remain expoiet 70 great convenience.-When the
American comniIion-rs fra arrived here, we found
mot of The former Spain authorities abolihed and
no courts OF Jnf:s~ n exitence.--Daily in expeaa-
zion of fon,e fixed government, and unwilling to ex-
eroe my temporary powers IL matters of fuch per-
nlarent Importance made no fyGenlac attempts to
organize regular tribunals of juhice. To meet how
ever the whcs OF the people, and to promote what
Thought their nter.f, -nahliheCi an inferior court
OF limited lurifdi Sion, for the city of New Orleans
and in ali cafes Of moment the heil exertions
were ued IN the where had the honor to nre =
Tide, TO tpene ju!tice with equal and impartial
hand hse, and-a FINAL urfdi6tion gven 10 COM
nandauts and lutfices of the peace are the only ar
rangeulents OF q judicial natrre which were made,
during the late proviGonal government But they
are not intended or calculated for permanency and
perluade myfef that fuch Legislative previiors will
fpeediy be made, will give tire judicial authority
more convenient and wife direction
On this fubjea the ACT Of Congrefs, under which
your powers are derived, has marked the outlines Of
yorr duty. The number of hyperion judges the ex-
tent Of their Jurid Zion, the mode of trial and num-
eero ieiioiis are preic,ibed. To fnifh the detail
and give motion TO the fvifem 20 determine in what
rlaurer thoe fetfons fhould be dnribu,ed ,h-o,,gb
the terr,ory the form, of practice 10 be obierved
and above all the laws whch are TO be administered
are oh~6ts of high confederation devolviug upon the
AesHlat're-ln regard TO the forms OF practice per-
of me to hope that they may be as imple and mort
as may be confident with equity and public convent
ence The tedious and expenfve routine of forms,
which often enrbarraiies the avenue to iufice and
ionetQ'es render 1t inacceiIble, trut are forever
baniihed from this country.
Afytfem Of criminal inrfprudence is alto matter
tor yorr confederation, think it probable that on ex
animation, you viii fine the exiting code Of crmi-
nal law imperfect, and not adapted to the prefent
contribution o. .he territory. On ti:s f1hiea can
not Tor bear recommending energetic fyifen--but
by the term energetic, do mean fanguinary or
cruel iyiten. Laws the weaker by being mer-
cu II Is not the everty, but the CELEBRITY and GER
tainty OF Punifhmeh, that reprefs crimes. While
there is hope of IMMUNITY, j0"s Of rapine would
osase even the axe the wheel zvbo would tremble
at deseetian, when followed by promp and certain,
tho a light fuhering.
ne efaSilihmen5 of inferior court: Of limited u-
rrdi',fion tnres .l,e territory ard :he ;:sgs:.
ana duties thereof will nsceary engage your atten-
"oh ai'u W tlelr arrangement your Judgment
and knowledge of the country will be your fureft
guides. Before iniih my obfervat;ons in relating
toa judiciary, allow me give opinion, that the
laying out the territory into feveral judicial diltrcf
= hyperion juriGditon might be attended with hap
Py eits9ts The prelence ofth- fupreme iudgesyould
attach confidence and command refpetf their char
:e' TO Jurors, and their legal opinions would die-
inmate information to the principles and advan-
tages 81 the American Governments and above all iu
tiee would be brou yht the doors Of our fellow c
zeHs, and might be obtained freely without price, and
promptly without delay. Allow me ALTO TO embrace
tue rTeieut oco2o1 TO congratulate YOU on the intro
dpeson among Of the ine1in1abe privilege of tri-
al by jury; privilege revered throughout the Uni
ted States as barrier againR 6pprelIion, and the
bu!wark OF freedom. Some inconvenience am a.
ware will attend its rf introduction, but be aiIured
1t Is wen worth temporary enlbarraiTment; this
mode OF trial is invaluable, and ruf will remain the
PRIDE and boat ofevery American.
As another object Of Legislative care, nun re-
quelt your attention to the intere, convenience and
comfort OF this cty.-Having exenlive trade, and
being the redence Of many citizens Of mercantile re-
puts'ion aud enterprise New Orleans already claim,
high rank. Happily ituated on the only effective
CUTLER that connects the weftern aes and territories
with the iea, it mut become the grand depoite for
the iuTPlus productions of the extenfye countries
which itretch from the Allegheny mountains to the
dant and yet unexplored welern frontiers of Loui-
Hdua--cnuntrjes rCh bevond catrtIs,;o, in ra,,raI