The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-09-10

tuS o''Elu the HeSattYlng power uiei by
kings OF England, from,whence they copied IT,
they muft have feen the inconfiRency of intro
ducing it into an American contribution. We
are not conquered people we know nocon-
queror and the negatiyiug power uted by
kings in England is for the defence of the per-
ionai and family prerogatye of the fucce1ors of
the conqueror agsinit the parliament and the
people. What is all this to us We know TO
prerogatiyes but what belongs to The foYcreign-
| ty of ourfelves.
! AT the tine this contribution was formed
there vas great departure from the principles
ofthe revolution, among thofe who then az
Tuned the lead, and the country was groisy
| iinpofed upon. This accounts for ton.e incon-
, ihencies that are to be found in the preient
contribution, among which is :he negativing
power inconiiteDtly copied from England
| While the exerciie Of this power over the fate
remained dormant it remained unDoticed but
ibe infant it btesnt to be aSiiye II bsean 20 a.
larm and the exerciie of if aeaihl The rights ..
the people to fettie their private pecunisry df-
fcrences by the peaceable mode Of arbitration,
without the interference otlawyers, and the ex-
pence and te,iiouincts OF courts of law, has
! 81 oughths cxitence to a cris.
| Arbitration is of more Importance to fociety
| than courts of law, and ought to have prece-
| dence OF them in all cafes of pecuniary concerns
between individuals or parties of them. Who
are better quaiined than merchants to ie.tle diff
puteS between merchants, or who better than
farmers to tettle difputes between farmers ,
And the fame for every other defcription of
! men. What do lawyers or courts of law know
about theie matters? They devote themfeives
| TO forms, rather than to principles and the
merits of the cafe become obfcure and Ion in 4
labyrinth ofverbal pcrplexities. We do not
hear of lawyers going to law with each other,
though they could do it cheaper than other peo-
| p'e-which ihews they have no opinion of il for
| themielves.
The principle and rule of arbitration ought
to be conftitutionally etabliihed The honeh
tenie OF country collected in convention will
fRd out how TO do this without the interftr-
ence oflawyers who may be hired TO advocate
any Tide ofany caute for the cafe is, the prac-
tice otthe bar is become fpecies of proffi.uti-
! on that ought to be contributed. II lives by en-
couragng the injnaice it pretends TO redrefa.
Courts IN which law is prattifed are of two
kinds. The one for criminal cafes the other
for civil cafes or cafes between Individuals ref
pecting property of any kind or the value there
OF. know not what may be the numerical
proportion OF theie two clafIes of cafes TO each
Other; but that the civil cafes are far more MI.
meronS than the criminal cafes make no doubt
of. Whether they be ten, twenty, thirty or for
| ty to one, or more, leave to thofe who live in
the fate, or in the ieveral counties thereof, TO
determine.
But he the proportion what it may, the ex
pence 10 the pablo of Importing judiciary
for both will be in fome relative DEGREE arcorI.
! ing 10 the number of cafes the one bears.o the
| other; yet it is only one of them that the pub-
| lie, AS pubic, have any concern with.
The criminal cafes, being breaches of the
peace, are coniequentiy under the cognizance
the government ofthe fate, and the exDence
OF Importing the courts thereof belonging to
the public, oecaute the preieryation of the peace
is public concern.
Bat civil cafes, that is, cafes of private pro-
perry between individuals, belong wholly TO the
individuals thenieIves; and all that govern
tilent mas confidently to do in the matter, is to
eHabiiin the proceis by which the parties con-
cerned nall proceed and bring the mater ~
deciiicn them;elves, by referring il to impartial
aud judicious men of the neighbourbooJ. of
their own chung.-This is by far the mott
convenient, as to time and place, and the cheap
cit method To them for it is bringing jv9;ee
bohie to tier oqUn doorS without the cbicanerv
of law and lawyers. Every caT. ought to he
determined on its own merits, without tbe farce
of what are called precedents. or reDorts Of "a
les becautt, in the iirlt place, it often haonens
that the deciion upon the cafe BROUGHT az =
precedent IS bad and ought to be fhunned in
i'N'' vi iHihdtcd dUO, IN the fecOnd Dlace
became there are no two cafes perfectly alike in
all Their cifcumftanccs, and therefore the one
cannot become rule of decifion for the other
It IS lftice and good judgment that prefide Inv
right, IN = court of arbitration. 1t is form.
quoted precedents, and contrivances for del,v
and eXpence to the parties, that govern the
proceedings OF a court law.
By eltabiiihing ar,itralions in the rom, of
courts of law for the adiuRment of private ca
fes, the public will be called of A great mart of
the exPen,e ofthe prefent judiciary eaabI;(h-
ment: for certainly fuch hon of Judges. alto
ciate judges, prehdents of circuits, clerks and
criers OF courts, as are at prefent fupported at
the public expence will not then be neceGarv.
There arc, perhaps, more of them than there
are criminals TO try in the fpace of a year-Ar-
5itratlon will le1en the fphere of patronage. 2,
1t is not improbable that this was one of the
private reaions for negativing the arbitration al
but public economy, and the convenience 2,
cafe OF the individuals, ought to have OUTWEIGH
cd all iuch considerations. The preG.nt adni-
niitra'ion of the United States has firuck CT
long III of ufelefs Offices and economical the
public expenditures, and il is better To- make
| precedent of this than TO initiate its forms and
| long periods ofeection which require reform
! themfelvgs.
great part of the people Of Pcnnrylvani,
/ all -.