Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-02-03

hau ever declared tiiem liable. .By 'Ge
fundamental or common law of their
country. they, and so had every free man,
tight 10 deal alId trade Will, their fellow
subjects, wiihnni being criminal or incur-
! ring any penalty, more especially for AZ
act. not even cuipablc al common law
aud they had this ght from common hw
| of siill higher authority. the lap-of our all
wise and bcnevolcnt Creator The notion
CT legal liberty or 4" birthrgtlr lilscuy"'
was early deeply rooted in the English
soil; WHICH WAS more and mere improved
as the people-Tecovered kam the opprss-
siois 0i the feutai system they never
forgot their Saxon ancestors they were
early acepsienscd r., their coH,t ieef uilicl,
sal IN their hundred or neisi,borhood in
Ibis coar Offences or crimes were pre-
s''ted, loquired iatO and punished, by
Inry and justice holding The court, who
lived amongs, them, with tie same inter
| esis, feelings and habits they had also
| thsir court bafon--Or comfy cc,iri, held
before the freehpIders, in which court
they transacted their business, relative 10
| their cOpybold and les-e!,old ienurcs Of
| The land, and recorded tie evi,iencrs of
,lrose lranS aciiops--iR his court also their
suits for irespaSses aud in all civil eases
we're publicly tried by a jury aud court
whose members lived amongst tl,em...
HEY were tenants, cu!iivaiors, laburers
farmers, graders x d'0Gcrs 4; also some irw
| handlCfaitsWen WHO made Tor them the
| coarse instruments &c hssbandry made
la those days. II wilIreadily occur; that
| a wise and jus, policy would foster class
of people on whom the nation depended,
'or meat aud bread. Did board OF
bankrupt commiss toner's suit these peo-
pie We shall all concur in a ncgaiiye
answer-yet these very people did get
such board, rtpugnaml to t!,eir habits.
feelings, principles, interests ;-desiruc
tive 10 their civil rights, without, bring
consulted aud ~ilhuni an act of parla
meni asd afterwards, agains, the pusi
tive authority OF AN act of pariiam cut
How was this done by The British in
dietary Legislation by adjudication j
Judicial supremacy the ancient con-
s'iiniion of a country, changed by iudg-
as legal decisions " conducive 10" tie
general policy ot The bankrupt system i
The judicial power hath always pracii.
caily proves, lis rEdoument OF a strange
compound faculty, Of iiexibiliy and III.
fex bilIiy: this faculty operates success.
fully, upon all men, all situations, all
bings and pnde, all circumstances i,
lnds precedent, argument, and author Ity
10 maintain any principle or any PROPOSE
ton: 1t can exteE'i or cub, as may be
necessary, all The other powers CT d gov
ernmeui Tree or dr$potic bui il seems
destitute OF a faculty of CURLING itself
upon all occasion 81
Had The yeomary, feDaniry, pCasau-
try. landicrattsmen and laboreIs ot The
Engiisb people Of that day, been fairly
and faithfully Informed that Tie c0nse-
qucnces OF an iDsidious introduction #
l Sl Tier ft.4 al
N encouraging commerce and mar7uiac
lures and Tor The benefit of merchants
and traders oniy," would gradually ter
mtiaie, III HE annihila,ion ni Inc great
charter OF their civil rights and hbeiiIes (;
they would have exclaimed, aud il pos
~Ibie, practically mainiarUed, "haf re
are miwiiting 10 change Tie lars and cns..
toms " Eneiand' wom!d not the gre at
mass OF The people have rose as iicy did
rnder the tyrannical and oppressive KING
JOlu, and with sword III hand, demand
ed another confirmation Of The great char.
ter of their civil right, lbertirs and priv
leges the tharier, which IN patriots oi
England so often bOasIcd o! as their mag
ma charfa or constitution.
The reader vii be pleased TO Indulge
the Farmer a little while longer in these
antient inquiries :ihey may be useful
lei us consult English law and authority
d llil!e more. y iginiiiy bankrupt was
egarded as criminal or offender :" ilI,
e" word is derived from Conque, counter
Of a tradesman, and sUptaS. broken, de-
: noting one, whose shop or place OF u AIDE
ia broken up and gone" The tIilr OF the
e ! Stainte of Henry The eighth (Which frs
brought the system INFO England tre-ts
it as an clitnce. beng against su,l
e persons as do make bankrupis" on look
= ing into this statute. or The bTlel quoiaiiGi
! from II the mind is at once satisfied iha
2 The statute vas not drawn BY an EHgHSi
i larger, or a man IN the habit OF drawing
bill or law who understood and respect
j. | ed the civil rights and Liberties OF jii!
e country meU /: II was loosely drawn, ihi
Y terms too general though an homes; jRig
: raised aud wbo lived amongst such Eng
Y lish people as before described, woul,
. have fairly construed and applied The Ia,
y TO a merchant who made " bankrupt -
al because a mcTcl ant Is a character wei
e defined by the iaw merchant a part Of III
" English municipal code, and by interua
~ liona law also still better defined b.
pr cOmpon sense aud common practice
n such Judge would have said " canuo
III change the aniIent constitution of IN
6, people, every merchant is trader, bu
T. every trader Is nof merchant: II ever
20 " trader is embraced, Wc mast includ
Of " the whole family nt mankind except u
Ct " fen who 1--we on the industrious tradiu
o. Of the rest and az the merchant al
er " ways asks for such law, lei il he cot
he -" fined TO him. or lei the legislature e.
"a " tend The lHw, not iudge"-lIenry Il!
IN eighth WAS too VIE krd, and too much 81
ny gagged III marrying, bebeading and putin
as away Elk wives 10 attend To- he drawn
lie at a law. Which was to repeal the niagi
n. ckarid of England; I've was entirely go-