Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1822-03-22

tive; and some To- the genera, cour. or il
necessary, tu Il tribunal specially constitu ted
for the purpose, rescr,ing only AN appeal to
the legislature under certain peculiar circur,-
stances, and you save M once To the common
wealth rom 80 to 10000 dollars Il ycar-he-
sides having these very cases better decided by
the subordinate tribunals. and the general con
cerns better administered by the more concen-
trated attention If the Legislature
| am not singular in some oc these views.
Many shrewd and experienced politicians
agree with mr.--COIonrl John Taylor in
! his last work Construction ConstI,ied' has
Devoted whole chapter 10 the "dSSumptioa
| 9 Judicadi po'cers and patronage by Leetsia-
lures" The whuic of il is fnrci6le and in
| tcr"s'ius-b;, will conGne myself tn IA few
extracts
United States o. irving individual suits claims ,cr public
property evidently geNrs "a suug resemblance to die lid
property Testimony seN-iar;e. Evidence weir
ey any rules oraory aud iuiueue generally SUPPLY its
pRcc No witnesses examined The trial
tN jury is excluded. Decisions never directed y law
ou, always dictated v policy influence selfish or
hefolcnct, except when they the o
tention 'nc'ualion OF the judges, ignorance the h OF
quer legislative judgments generally rendered In the
same Mode that legislative nttainder> and v,
histories" f'''' " '''e D'"S"
If the Sovereignty of the people however still alive
no trace OF power To try suits rhe Iaw-nakers take no
Judicial oath They have power enforce the attendance
~ nor does single precaui;un exist for oltap-
ing from Legislators upright Judgments because they .r
.o' ehowereu TO Try any suits at al. In fact, the
ieigns OF the people established judicial row er distinct
ro aud independent OF all other political spheres Cor The
81 s'suring property and improved upon The pn-
Sss o ihe English system Of relation H.
hy me Identical MAXIM considered among the only solid
securiy Tor that and all Other civil rights our maXn is
nI i MOI sovereign bot trasee ~ the
sovereignty OF the people, invested on limited rows
charge specified duties. This maxim wthholIs fom bes
departments all the appendages Sovereignty and ony on
'en oil the absolute power and proper 81
pupe, claimed and exercised by every other species OF
So'Vle'shiS ience the creation of judicial
came necessary, which would been useless had isIo
cnn,p m ,h' % soverSign'y over propeny since.
30 a. 10 make them snseryen its This cnrrecis
a' ncple oi the English government, which has prof-
ced the greatest evils that the parliament Is Invested with
" S sovereignty over properly all other right,
The judicial mode patronizng iyIunIs has cor,
assumed by legislatures under garb apparently innnc.ni
M lovely nor have they perceived corruption and nm
M uohaiity which IL covered. IL is right of The
people to petition, and the duty repesenatI,es IN m
uIesS grievances But no Individual has a right to petition
- s,;: 10 perform Judicial functions expect that
constitutional division of powers and duties should he
ieu 'ui ms dement, Legislatures well qualified IT,
c.r,;, prIcPies anu utterly incompetent
certain particular facts. The comprise the field nj e;
power and the second object With means for cfnt-
,;o, ~ .ne courts ol Justice Can tha; be
g'iaie Jurisdiction, which To come az truth aud
VI course 70 DO justice: u this character hich
can only decide in favor plaintiffs which camnn,
subject him 10 costs which cannot give final decision
or duennuai and also subject influence in various WAYS
Wnere h' Judges must solicitors atlornies; is
certainly Judicial this cnrt sho,d assu -
power OF trying suits bew individuals its incacity
h oul pe instantly dcerned even by itself; and vel it is
p calculated Tor rendering Justice suit, be cen th,
IMAM between individuals aud public brnuse il ,voud
not be influenced a notion OF s,,er,rn r", ;
over he money IN dispute, ambition or love nf MN
uariy Judge betwe cen n, could not benefit him,
self ora partisan great extent If this no how
can II be imagined, that constitutions csirued ~ cy
'eeSatures from power suits between ndyi
dua and veto invest with rgh, of ryine ,;,s he
tMeen an individual ami the public. Is to be IMAGINED
ai IN The establishment OF Judicial department Ie seen
my a, me property sl the whole was moi al all re-
Saroed whist hh of the poorest yidua was protected
by a saiut1ry division OF power ?" @
" fccolicc hui two classes ta s.o,,
10 legislatures by individuals CORPORATION. t atni
ons aud The just A. 10 The FIRST il leei.laitres are orl,
" 40 n"i possess sovereign power over proptr-
w they have no right bervoiece NJ the eyuns
VI rs owners. As 10 the second they cousulionay
ana internally disabled from dispensing justice
to individuals Particular for rendering sdiS
justice, Instead OF general laws extending similar cae,
ae suoh.aiy Judgments and deeIccs. Their character
eenbies scheme of Jurisprudence. whici should exclude
,oyi r y, nnei'sncc ana Leave it to legislation
GPie WITH the mode Of renderng Justice aoptcd in Turkey
Anuelualng viii and pleasure decides upon an impcrfrc
enquiry after facts, instead general law TO he crcd
py JUDICIAL investigation Ii Individual grievance m
feniedy to all similar cases r such Inv, yyorII he an
e'h 10 NE community, tue yurro>c Individual qrey,n,
s'lo.d before legislatures eyince, that such claims -. not
S"ary Du s,lnarto ereat extent and itt there o.Id
mgh be rea he'd, ami the unjust exrIuc Tins fycd
would he oomnlued for luciua!inu, irt,,h
might D Il 'cos cred and ,atyc hgii.s ,v;
waste Of time in irving frivolous claims in ~, inreTf.c
ever incurred" ~ vi nov
honSh all these sentiments NAV not he RIG.
oTou7iy correct, yet there is so much truth in
the general principle of transferring si,hordi-
| nate cases to subordinate tribunals, thai pray
you To take il into cOnsideration.-If n,rn of a
| bIlIles in The nHxt legislature would or c,f,ise
system for this purpose, itrrw0nld promote
economy as well as justice. | content myself
| with throwing out these hints-it il for the
| people 10 consider them.