Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1810-12-07
'iva,e a more ctaste elocu,ion, and the


duce case al.o--see 'Heuing and /
Munft rd's Reports, vel. 4,h, page 81,
Bus,ar, We. Wallace, in which cases
to the number of SO, are quoted IN tie
arguments Of Counsel.-See also,
still more enormous budget cf cases
cited in Smith and Wife, vs.. Chapman,
1 II. & NJ. a47.---This Is true case
nnria.---Is not this waste of tine
for which no apology can be found?
~ Scme gentlemen refer to. decisions
CT the.inferior Courts of Eugland, and
yet am told, to mention case which
has been decided in any of our Dis
trict Courts, would be.a subject OF rid
icule, it would want that genuine ster.
ling constituent of being British de.
tisioD. Under these circumstances
Can America be fairly said to be indie
pendent of England!
ItsSis much 70 be lamented that in
the commenccment OF our self govs
eminent, we had not have selected a
code. founded on the ancient common
law rnaxims & principles as far as they
applied to our eove rnrnent.-T This was
Ece,tainly.,he OBJECT of the convention
which adopted theScommon law; for
, il is so expresssd--Yet are we going
Z on, To- king for the law by decidcd ca
SEES which often differ Whereas we
should lock for the principles and mas.
ims, to see if those decisions were
I correct; forif this is necessary, We Ger.
tainiy should not attempt TO prove the
axiom by tie props sitiou, but the We
nv reverse I've should prove the
propcs stitch by the axiomE-So would
OLD Euclid have done.-If law is
said TO be Unconstitutional, should we
apply Tor any mans opinion, or go TO
the letter Of the constitution for its 40
luticn? i think the laltSr would be the
Surely then where cause is
10 be determined ON common law prin-
ciples, ought we not to seek out for
those PRINCIPLES by which it is to be
governed Why cannot those max
ms ard principles which form the
common law, be selected for our pur-
pose AID made the rules of decision
IN cases where they apply? AS to The
zcyiften or statute law, no Judge can
BIZ iairiy said TO be independent or free
who. gees 10 a. British Judge to see
how his Lordship has been pleased to
dsririe in a like case--Sarely the
] dles do not reccllect that those
who made the law understood il, and
.n.ver expected that thoe who were to
expound it possessed less WISDOM
This course Of legal procedure is too
s;rvile ana humiliating for an Ameri-
ran' citizen.
Buta notion is taken up that Judges
and LAWYERS are wise and profound
10 pIol.e r,iou to the length of Speech
e. and ruutber of cases that are made
and referred to--wheress without rea-
Dig one volume through, case upon
case may be heaped SO as TO make
long and able argument, as It is called,
with very little strength Of mind or
acuteness of reasoning. 1 well re-
member accelerated cause which was
tried in the General Court, when ma
ny cases were quoted from Du nford
a d East, and when gentlem n high
in the profession proclaimed aloud
iha, TIE Court was bound by SUCH Ca
s-s; that our rights, liberty add lives
rested on them--but presently an OPP
posing case was addtuced from East IN
contradiction to himself and his hrm
but thar professor replied, he was
an uEfede'd Reporter--Now what be
comes Of our rights and liberties in
sucb a situation ?--Bot q Judge then
sitting, very properly replied, hat they
stood hos epon the vhim and caprice
Of British Judges, that We had long
since emncipatcd ourselves from the |
shackles. they imposed, ana prefer
red 90 stand upon our own Bill oil
Rights, Constitution and Laws pfin-
ciplss too sacred TO be .sbipwrecked |
on me Brifish Ocean of Uncertainiy.
AS TO The supposed difficulty an3
iabocr Of revising The Common law,
II is sll bIbtie--Who cnul have
supposed tha, alter q free r publican
Government had been established. and
so many laws that hung upon the an.
cieni svs,eip were done away, viz
the law Of primogeniture, the law o.
desce cts, survivorship &c, &c. wilhshe