Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-08-07
Feder..list Of i7ao''-thc following are partii-

very foundations. No sigacious enemy of the Union
WI ever a'ow his purpose, unfur the-banners o.
dIsmemberment. " DIssoLuTIoN of the UNION,
DEATH TO the CONSTITUTION, - will not lac o.enl,
inscribed ON the standard he raises: he will march 60
the combat under same other aud more popular
louis he will seize principle dear 20 the Amcr
can heart, and, while pressing 10 tho overthrow o
the government, Will profess Emit his operations u
the defence ofthat principle
The writer OF ~ sernon Sidney would scorn
to answer such insinuations as these. They
are iliberal and untrue. A. Sidney is as warm
a friend of the Union, as even " the Fcdersllist
OF '3S"-but he wishes 20 preserve this Union
upon what he cCnscicntiously believes TO be
ITS constitutional principles.-If he were dis
posed to ret0rt in the same spirit, he might
charge" the Federalisl" with being covert
Enemy to restricted government, and IL
Friend To Consolidation, &c SEA- Sidney
is as warm friend OF the Union, aye of the
Constitution i;self-(as seen in the text, and
| not III the CLOSES of " modern coinmentators')
as any Federalist of 1889, or 1891 or any
hanger-on ofthe Supreme Court.
| FOR THE ENQUIRER.
| The Fedcralist OF 1882" whose numbers
were originally published in the New York
American, combats the position taken by Al
gernon Sidney g that The prosecution of The
| Commonwealth Of Virginia vs. Coiens might
have been carried to Il higher Court in this
state than the one in which it originated" In
support Of the opposite opinion "'rhe Fcde-
ralist'' has cited the case Of Bedinger VS.. The
Commonwealth, from Calls Reports. That
case does not bear him out If" Phe Fede-
ralist" will take the trouble of referring to and
iniuuteIy examining that case he will find,
that it does not establish the principle, that the
judgments 0fnterior courts in criminal prose-
cutions are not subject to revision by supe-
rior tribunal. There is nothing more in that
case than mere disclaimer by the Court Of
| yfppeoLs of jurisdiction over criminal cases.
| Are the judgments ofinferior courts in cr-
mlnal cases subject to revision by a superior
| tribunal' The gentlemen of the bar, from
whom the s. Fedcrllist" derived his informa-
| ton, were correct in stating; that there is no
| instance in Virginia since the case cited from
Calls Reports of an appeal from the iudg-
| lnent of a court rendered in any criminal pro-
| secution whatever. 1t is true there has been
| no Instance ofan 0ppedi.-It is also true that
there has been no instance of a SuperSedcdS.
But, Sir, there is another LEGAL mode whereby
| the judgments of an inferior may be revised
by superior tribunal, and that is by the com
mon law ,crit oferror. The judgments OF the
county and borough courts OF this state in cri-
minal cases, may in that mode legally be re-
vised by the superior courts OF law, and the
judgments of the last mentioned courts be "a
gain revised by the general court. The &c
neral court 1.-THE highest criminal tribunal known
to the laws ofVirginia) has settled the ques-
ton. In the case OF Emanuel Temple VS.. The
Commonwealth Virginia Cases p. 1861 Gie
general court, consisting of iudges Nelson,
White, Stuart and Coalter, decided SO That no
Judgment of an inferior court on present.
ment for misdemeanor can he reviewed or
reversed by asuperior court either upon appeal
or Superseaeas the common law ,0rit of error
bpIlDr fhn pDl,r in trh..b I'D,
can be reviewed and reversed" Here then
we have a solemn adjudication of the highest
criminal tribunal known TO our laws, that the
judgments of Inferior courts in criminal prose-
cutions are subject 10 revision by the superior
courts.
l. The Legislature of Virginia on the 9th Janu-
airy, 1919, passed AN act authorizing; " any
person prosecuted for any crime or INSIDE
| meanor in any court Of ia,o of the common
wealth to prefer bills of exceptions, and com
man1ng the Judge or Justices before whom
such prosecution is pending, to sign and seal
the same."E The Legislature did not then nor
has it since provided any mode whereby such
bills PRESCRIPTIONS may he carried before a re-
visiDg tribunal. The Legislature knew that
the matters and things SCI forth in IL bill of
exceptions, Were not determirable in the court
| out OF which the record issues. They knew
| that the object of bill of exceptions was TO
present matters for the consideration of a Sill
perior tribunal. When Iegislating on the sub
Ject-when according To a party prosecuted
the privilege of bill of exceptOns-why did
they not provide him a mode whereby he
might present his case to superior court
The answer 10 at hand. They deemed use
| less legislation vicious legislation. They were
aware of the decision of the general court ia
Temple VS.. The Commonwealth, and acqli-
| esced III the correctness Of that decision. In
| addition then TO the solemn decision of the
general court, | have the sanction Of the le-
gislaturc, so far at least as the strongest i'm
Psicai1on goes, for repeating what AlSernon
sidney asasserted 'that the case ofThe Com
| wealth vs.. COhens, might have been car
ried 10 higher court in the state than the
one in which it originated" and that if appli-
cation had been made by the Cohcns TO the
superior court of law, Wrtt gferrOr would
have been awarded by that court to- the judS-
| mcnt of the borough court of Norfolk, and
| the Judgment of tire superior court might in
the same manner have been carried before the
general court.
The Of so amended Mt the late Revsai as
70 extend it, provisions to ali tee cc las, instead OF be-
1911" 10 '-' 'H'''' ''""' y 'a' as Oy '"e act d
MUTUAL ASSURANCE SOCIETY.
Yesterday the members assembled at the
CapitOl-Mr Linn Banks Of the county Of
Madison, was called to the Chnir--and Mr..
Riyalain was appointed Secretary.-T make
quorum, il is requisite Tint Il majority
OF the members, or of the Isured property,
be representative ascertain this fact, aud
To examine The proxies, committee Of FIVE
were ppOlntcd.---I'hcrn meeting then adjourned
TILL this morning. 10 O'Clock.
asft as12sZ III ss7fs2
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