The enquirer. [volume] (Richmond, Va.) 1804-1815, 1810-12-06

F.
This conduct is not the most honorable TO
that profession which is so highly valuable
In society, If we take into it's circle the pro-
per Knowledge of government.
third cause of delay and dubie,y arises
from long speeches. and almost as long Opt
MONS in every cause which is argued and
decided. with the unfortunate practice of
quoting lengthy and numerous British cases !;
she time of the court being taken up in re-
conciling absurd and contradictory opinions
OF foreign Judges, which certainly can be no
part of an American Judges duty This evil
might be cured BY the bench aud the bar,
If the latter would cultivate a more claste
elocution, and the former more concise
manner OF delivering their opinions. Far
the proof OF these remarks, / will beg leave
to addnee case also-See Heuing and Nun
ford's Reports. Vol. 4. page 81, Bustar vs.
Wallace in which, cases to the number of
SO, are quoted in the arguments of counsel.
See also, still more enormous budget
of cases cited in Smith and Wife vs.. Chan.
man. H. and M. 247. is a true
Ease Mauia.-Is not this waste of time for
which no apology can be found
Some gentlemen refer to decisions of the
interior Courts OF Engand. and yet am told
- mention case which has been decided in
any pt oar District courts, would be a sub
Ject OF ridlcuie; it would want that genuine
sterling constituent of being a British de
cision Under these circumstances can
America be fairly said to be indehendenf of
England |!
. Ills much to be lamented that in the com
menrement OF our self government, we had
not nave se!ecteda Code founded ON the An
t'ent Common Law maXims and prinCiples.
as far as they applied TO cur government-
This was certainly the object of the Con.
vention which adopted the Comn,on I.Yw ::
III is so EXPRESSED Yet are we e9iD4
on hooking for the law by decided cases
which often differ-whercas we should 10 ,k
Tor the f,rincifies and maainia. to see if
these decisions were correct for if this is
necessary, we certainly should not attempt to
prove the Axiom by the proposition, but the
very reverse I'VE should prove the pro
position py the Axiom--So would old Euclid
nave done. If a law is said to be uncous,i~
tutionai, should we apply for any mans opi
mon, or go TO the letter of the constitution
FORTS solution think The latter would be
the choice-Surely then where p cause 10
20 ne determined on Comm law princi-
PIES, ought we not TO seek out for thlse Drin
otPles by which II is to be governed Why
eannot those ma9ims and principles which
form the common law, be selected for our
purpose and made the rules of decision in
eases where they appiyf As to the zvritten
or $fatufe law, no Judge can be fairly said 10
% independent or free, who goes to a British
Iadse TO see how his LordshIi has been
pleased to decide in a like case-Surely the
Judges do not recollect that those who m ade
the law understood it, and never expected
mat those who were to e2.pound ii possessed
4ess wlsdom.-Ihis course of legal proce
cure IS too serviie and Illuminating for an A
merican citizen
But notion is taken up that Judges AVID
lawyers are wise and profound 10 proportion
TO the length of speeches and number of case.
fhat are made and referred lo----Whereas
without reading one volume through, case
upon case may be heaped 81 as To make a
long and able argument, as il is called. with
very little strength OF mind or acuteness of
reasoning well remember celebrated
cause which was tried in the General Court.
Wheh many cases were quoted from purn.
.ofu ana East, and when gentleman high
IN the profession proclaimed aloud, that the
Court was bound 5 jyi suoii cases thar our
rights, liberty and lives rested upon them
bu' presently An opposing case was addacets
from Fast, IN contradiction tohimseif and his
grim Out that professor replied he was
an uniieaged Reporter. Now wha, be
CONES Of our rights and liberties in such a
a''nation - But Judge thea sitting, very
properly replied, that they stood not upon
the whim and caprice of British Judges. that
we had long since emancipated ourselves
from the shackles they imposed and prefer
red to stand upon our own Bill of Rights,
constitution and Laws; principles too sacred
TO be shlpwrecked on the British Ocean of
uncertainty. as to the supposed difficulty
aud labor frevisng the Common Law. il Is
all bubble--Who could have suppesed
that after free Republican Government
FAD been established, and so many laws that
hung upon the ancient system were done a.
way.to wit: the law of primogeniture, the
law OF descent, surveyorship, &c. &c. with
the complete change of the criminal code.
SO much would be left as to render it impos-
sible tor few wise and willing men 20 &C.
eompllsh the end proposed! After old Coke
and Lttleton shall have been stripped of
their aniiquated dress, what great matter
would De left for US to do Shall we forever
administer our free republican government
On the principles of a rigid and high toned
monarchy? / almost blush for nv country
when think of these things
Let stranger go into our courts. and he
wond almost believe himselfin the Court of
KING bench. Can the judicial department
De iree from their chains but by reyisal of
We common law under legislative authority ?
u may be asked where can a committee of
revisorB be found VIII Sc talents would be
equal to- the task This is mortifvinq
question indeed--but answer. that among
she many wise and experienced Judges and
lawyers some of whom have retired from
me labors OF their profession) two or three
1Ny h. f.,a.f,I ..,l.-