The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-02-06

$50 Faoht'nSv OF particular ca sc, lef us
see what there is in this Ha,Yicui0r cdse which
should excite the admiration Of the commit
tee. For the talents and private worth Of the
judge whopresided in that case, ! entertain
the highest respect. If however Won scruti-
Mise his official conduct in the case alluded
to, suspect much will be found to dsapprove
and little to admire. We should find indeed
court holden by the chief justice of the u.
Estates converted into a scene Of ribaldry and
bililngSgate against the best administration
that ever dispensed happiness to any country.
we should ind the Judge proposing to trans
Ter to the prisoner on the one hand and the
public accuser on the other, that descretion
which the court alone could exercise as to the
quantum of bail 70 be required ofthe prison.
En- And we shssld End the court usurping
the constitutions right of the jury in trial
Ter high treason by pronouncing that no act
or treason had been committed, thus intimat-
| ing that Ii averd,ct were rendered against
the prisoner itwould only put the court to the
trouble OF awarding new tral--
! Whether these, with many similar procce-
dings OF the court in the case of A. Barr were
~arrantaole ornot is not, my province to de-
termine as private citizen can only in
duige an unprecedented opinion But it does
seem to me that if the public sentiment hath
condemned even the Chief Justice of fragrant
INSTRUMENTATION in Office, although he be
not charged with an indictable offence, vet
tnere ought to be some tribunal Competent
| 70 investigate his conduct, and this for his
own honor as we'll as for the public welfare.
he gentleman from Frederic asks whether
it De consistent with republicanism for the
Judges to be independent of the people, He
acknowledges with Henry, it is not and as
serts that the people are not learned enough
10 decide upon the removal of their Judges
NV
doctrine Judges independent of the people !?
ne people not learned enough to decide for
themselves! | have for the first time learnt
mat these were the sentiments of Patrick
ienry. ihad thought it a part of the creed
OF that great man; that the people were the
fountain of legitimate power; that the attri-
outeS OF sovereignty, according to the law of
nature, pertained unto them, and that their
civil officers were their servants and not thier
superiors. The removal however, of Judge
would not, it is presumed, be considered a
more important act than the election of a
president. The people are very competent
20 Go the latter The same worthy mem
Der has observed that the Judges ifdependent
on congress would not fail to give a squirting
TO their viii, but he would not so much fear
the influence of congress, ifcomposed of Vir
glnlans. If you extend the accountability of
me Judges to the representative branch of
tue government, it would rather secure their
independence and their freedom from intrigue
and corruption than otherwise; since the
chances for an impartial trial would be much
greater In 176 persons than in thirty four, and
since intrigue would be more practicable with
the lesser number. AS to the ecntleman's
prediction for Nirginian congressman, it is We
| ny natural tcrus 10 be governed in some mea-
sure by ioc"l circumstances but am charita-
| bic enough to believe that there are talents
| integrity and honesty in the other states as
wen as IN Virginia have no apprehension
from what he calls an Essex unto,
he gentleman from p. William. seems tn
place peculiar reliance i'll the judicial, whilst
| he very much distrusts the REPRESENTATIVE
| department he tells US all the danger is to be
| feared from the latter Is the history of A.
dams administration, the expressions and
enormites which were then perpetrated by
federal courts, and the decisions which those
courts have recently made, in cases of trea-
son, calculated to inspire orr confidence in
the Judiciary / wish to put that depart
ment upon such basis that too NAV place
romance IN It, But why distrust the repre-
sentative branch How is it that danger is
| alone to be expected from that BODY? 1t
seems ONE, that the same distrust, and the
same tear OF danger would equally apply to
the people. The representatives are elected
at short periods by, and they are always
under the controul of the people
hey are.every way connected with them.
speak their sentiments, and represent their
various interests. So long therefore as the
people shall remain virtuous, SO long will the
representative department remain pure and
inCorruptible.
We have heard much Sir, of the over
whe.ming tendency of legislative and execu-
tive influence. 1t has been demanded of us,
whether the judiciary shall be controlled &
swallowed up by that influence 1t is not
proposed that the President shall have any
controul over judge, and it seems unrea-
sonable to imagine that so numerous a body
as the congress of the u. S. would ever COM
blne to persecute any one officer by an act
which would disgrace themselves; by sem
tence Oh condemnation against innocence
On the contrary believe they would al
ways wish the law to be executed as it is
hey would say with the gentleman who last
addressed you that judge ought to decide
right, and consis emily with his honest iudg-
ment without reference to consequences; and
concur with that gentleman in saving that
II Burr was innocent-Ift the claim OF Green
vllle's heirs was just, or if the Yazoo specula-
tors were eEtitled to recover Judgment
should have been pronounced accordingly.
RAJ JnSHcia, rHaf cRinnf /; is a maxim which
shall ever venerate. But sir, an upright
Judge will always act with hrmness and in
dependence. One Of a different character
ought tobc subject to restraint
Mr.. Chairman, have thus expressed nv