Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1805-09-07
El2 II Gems sSingle.l


wise man would not choose 10 be embarras
sed with il. and a man fond Of using i
will b. overthrown by it. Its not difficult
TO see that when Mr.. MsKesn nega,ived
the arbitration ACT he was Induced 10 i, as
a darvyer for the benef, of the professions,
! and not as nsagisf5afe for the benefit of
the people for his the Office of "a chief ma
glstra,e 10 compose differences. and IRE,
venf law suits. If the people choose to
have arbitration instead of law suits, Why
should they not have them II is matter
that concerns them as individuals and nor
! as a state or community, and il is not a
proper case for a governor TO interfere in,
ioritis no, ssa,e or government, concern.
nor does il concern the peace thereof, o.
therwise than to make i, more pcaceab.e
by making il less Contentious.
This negativing power in ,hc hands OF
an individual ought TO be consiitutiouaIly
abolished. !, 1t isa dangerous Bower.
! There is no prescribing rules Tor The use
OF II. II Is Discretionary and arbitrary
and The will and temper Of the person at
any time possessing il, is its only rule.
here nlusS have been great wan. Of re-
hection in the convention thet admitted II
INTO the constitution. Would that con-
vention have put the constitution il had
termed (whctier good or bad) in the pew,
er OF any individual TO negative Itwoufd
not. II would have treated such a propo-
sai With disd~in. Why then did il put The.
legislatures thereafter to be chosen, and All
The laws IN that predicainent Had that
convention, or the law members thereof.
known the origin Of the negali,ing power
used by kings of England, from whence
they copied it, they must have seen The
inconsistency OF introducing il intoan A
merican constitution. We are no, a con-
quered people; we know no conqneror -
and the nesatiying power USED by
kings IN England is Tor the defence Of the
personal and ismily prerogatiee ofihe sue
oessots o. the conqueror against the par
hament and the people. What is all this
to US! We know no prerogalives bur
what belong 10 the sovereignty of our.
selves.
AT the time this constitution was form
ed, there was great departure from the
principies OF the revolution, among those
who then assumed The lead, ani the coun-
Try WAS grossly imposed upon. This ac-
counts Tor some Inconsistencies that are 10
% round IN The present constitution, a.
motig which is the ncgaliving power in
consistently copied from England. Whgle
tue exercise of this power over the.state
remained dormant il rcna ned unnot;ccd
but the instant il began 10 be aStire il be-
gan 10 alarm; and the exercise Of it a.
against the rights OF the people to settle
Their private pecuniary differences by the
peaceabie mode of arbitration, withou. the
lnteriersnce OF lawyers, and the expense
and tediousness o. courts OF LAW, has bro't
IT'S existence 10 a crisis.
Arbitration is OF more Importance 10
society than courts of law, and 6aght To
haze ptecedence of them in all cases uf
Pecunlary concerns between individuals or
parties of them. Who are better auali-
ed than merchants ia settle Disputes be-
tween merchants, or who better tllan far
iners to settle disputes between farmers
And the same FOR every other description
OF men. What do lawyers or eourts of
law know about these matters They de.
vote themselves to forms, rather than 10
principle (; and the merits of the case be-
come obscure and lost in labyrinth Of
yeesai perplrxities. We do not hear Of
lawyers going 10 Law with each Other, tho
they could do Y cheaper than other psotle
which shews they have no opinion of Il
Tor themselves.
/ The principle ard rule CT arbitration
onght TO be constitu,ionsllk established.
! The honest sense &C country collected in
convention will fad out how 10 do this
Without the interference If lawyers Who
may be hired to advocate any sisiesofseny
cause FOR The case is, the practice ufiLc
bar IS become species Of prcstilntioH8lat
ought to be confronted. Ii lives by encou-
raging the injustice j, pretends to redacso.
! Courts m which law is praelised are of
two kinds. The one ZOE criminal cases:
The other for civil cases. or cases between
individuals respecting properly Of any Kind
er The value thereof. know not ehae
may be the numerical proportion of these
t~o classes Of cases 10 each other but
that thu civil cases are tar more rGner,ns
than ths criW'h4i cases make 90 doubt
OF. WHISTLER they be ten. twenty, thirty
or forty 10 cue, or more, leave 70 those
: VINO i've ia The state. Of IN the several
4 =.