Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-12-11

and digriity, drawn from the fDuntniDs OF lSr
tlsh Jurisprudence. Captivated by the wis
uom, conspicuous IN the various departments;
OF her governmcnt-seduce by the ingenious
dispositions of those political oraclcs who
continually refer 10 her constitution az the
standard of civil liberty, and her urispr udence
as the best model OF legislative and judicial
wisdom,-We have extensively adopted her
laws, without an effort to amend them, incor-
porated provisions variant from the benignant
character of this people, and admitted antigua
ted and obstruse principles directly opposite
TO the simple construction of 0uI political
ediilce Ii Is time that we should review this
work-lt was the advice of the trainers of our
constitution, has been called for by s,ibse-
qucnt Legislature, and is mperioisly demand
ed by the welfare of the people
The motives which have conCuccd to the
introduction, and now influence the con,inu-
ance OF SO complex a system of jurisprudence
within the British enpire,may be traced with
satisfactory precision. But the little light thus
shed on this important subject, would only
serve to exhibit the melancholy contrast be-
tween the people and their rulers, which must
ever subsst in 4 monarchcal government it
Is on the ignorance ofthe former that the adj
ainantlne structure of throne is founded -
Elevated to dazzling height, the monarch
sustans the sceptre with tiriner grasp, while
ne eliclts the admiration of, his subjects, Inv
| exhibiting the splendor of regal power. TO
maintain the mysterious distance which Sc
parate these, becomes legitimate object of
leSisiation and as the space is contracted by
tne diii,ision OF knowledge, the artfuly prrplex-
eu ana ingenously woven veil of subtle laws is
lnterpOsed to obstruct the too familiar gaze
Such is not the genius of our government
me fountain OF authority is the peope-its
object their happiness, and the most certain
and rational means of promoting it, is to fam-
llarIze them with all its principles Can this
De effected while system oflaws is maintain
ed, so difiuse and complex, as to deter from
enquiry or pursuit. 1t will not be regarded as
derogating from the professional merits of the
most distinguished jurists in this state, to say,
they are not acquainted fully with its laws.
10 their Indistlnctness and obscurity, NAV
be attributed, that honest difference of onin;nn
which crowds the dockets with innumcrable
cases, obstructing the course of Justice bv re-
tardinS the proceedings of your courts To
TINS cause too may be traced the varios UNI
successful efforts hitherto made to expedite
Jhsuce. Your Judges and courts may be indie
iinIteiy multiplication may adopt, i'm sue
cession, all the notifications suggested bv
ingenuity and experience hut the remedy
VIII not be successfully applied until this evil is
eradicgted.'
arc hot these remarks particularly applica-
pie TO some OF the other states, and particular
10 virginia, where the nice distinctions and
suDtiitIes ot the law are so numerous. and
may we not add, mysterious, as to be he
yond the capacities of the people produ-
eng among learned Judges diversitics of opin
ION IN cases which, upon the principles of
justice ana common sense, seem not to admit
of the least dispute We forbcar to enume-
rate the hair-splitiing distinctions of this cha
racter which we have heard within the last
year.
In recommending the abolition ofmprison-
ment Tor debt, the Governor remarks
the inability 10 pay debt be crime,
~ sho'iiu oe, as other crimes are, punished by
the state, and the punishment proportional TO
the extent and magnitude of the offence. But
IL 1t be not such an offence as ought To draw
down upon 1t the severity of penal inhibition.
then, to vestin any individual sicha power. jsto
arm MN with little less than despotic author-
y: Inc period which was supposed to Justify
this cruel measure has long since passed, and
the benlgnant spirit of an enlightened age. re-
CARDS with equal adherence, the Injustice of
u, rne mandate that now strips the debtor of his
ilDerty, and which severed his body, and gave
10 each creditor his proportionabIe share
The state is injured, for it loses the efforts of
an useful citizen. The creditor is not benefit
ted; for the imprisonment of his debtor will
not satisfy his claim. The debtor is the dou-
Die victim OF his misfortune and revenge. If
fraud be committed, punish it by severe en-
actments II concealment he perpetrated, ey-
| pose the perpetrators to Infamous privations.
But humanity and justice, the tears of infancy
aud innocence, alike invoke the prohibition of
the dangerous power now conceded TO the
creditor"
In all OF the above states, the subjects of
Inf nnI I,.1r.
ihlerhai improvement and education, appear
10 receive degree of attention corr esponding
WIN tleH lmportance.-The patronage be-
slowed upon their universities and colleges
deserved particular COMMUNICATION.
The Legislature the State ofMaryland met
at a! Annapolis on Monday. On Tuesday, Will
nam IL. Stuart was chosen President OF the
senate, and Thomas Rogers, Clerk In the
House OF Delegates, Tobias T.. Stansbury was
chosen Speaker, and John Brewer, Clerk
Already leave has been granted In bring in
Dill to repeal the present insoIyent laws, and
report a new system to meet the late decisions
of the United States Courts.
| Resolutions have been introduced into
the Legislature of Kentucky, for amending the
federal constitution SO as to authorize tile Sc
nate of the U. S. or some other tribunal to
be constituted by law, TO take congizance of
errors and appeals from the decisions of the
suPr eme court of the u. S. in all controvcr-
sizes " between any of the stats, or between a
cltizen oil one state and citizen of anothe
state, where the rights of state sovereignty
may be in any wise involved"
TRIAL OF SPEED.
| The Baltimore Editors have fallen by the
ears about the comparative speed of their Ex-
presses. The Gazette states, that his Express
brought the Presidents Message in one hour