Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1822-02-02

! tIou from pursuit uilitr me roof Oh an auec-
iionlte son--a son who had been supported
by his tenderness and nurtuied By his care.
He appears at the gate, aud asks for admit
lance. Shall the son refuse BIN ? If he re-
ceive, he is ruined. The ine that hangs over
him begSars his children. If he denies him,
he agonlzes his own heart, and stains his repu
tati0n with black ingralitude. And shall /;
law be passed making fiiial piety crimc--a
law which cannot be o5eyea without mourning
dishOnOr 1t was a cruel and ubiquitous sys-
tenn. But by these remarks he would not be
understood to duplicate, in the rcmotest de-
gree, the gentleman ('lr. Sergeant by whom
| the bill was reported. Ii was taken from the
British law, and re-lnodelled after the act of
1900. Not clause of it was from the pen of
the gentleman from Pennsylvania. A difficult
ty lay in the system, il being the English sys-
tenn, which it was not in the power Of human
capacity to render beneficial TO society. 1t
was system calculated only 10 fli the pocket
of the merchant creditor; and, by referring TO
the details of the bill, il would be seen that
many of the enormous forfeitures and penal
ties which it prescribed, went to the use of the
creditors, SD that they might even grow rich
upon the violations of the law. Every thing
was drought within the creditors grasp. Not
even HE habeas corpus was sparcd-t!iat con-
stturional safeguard of our rights was liable,
by the DOH section, To be- suspended, and the
security it yields destroyed. The course OF
the administration of justice WAS To be chang
ed; the courts fthe United States are to take
the place of the state tribunals, and new and
productive source of litigation 10 he opened.
Ii would indeed be speedy SD far as it regard
ed thr man, for he would be speedily destroy
cd; but not SO the cause. The old law was in
operation but IL months, and yet 10 years
did not terminate all the eases that arose Lin-
der 1t. It had been said by the gentleman
from Pennsylvania, Mr.. Sergeant, )that that
act was party measure. He (Mr. Smyth)
would agree that II was so in its enact;on, bgt
not 80 IN its repeal and he ad erted to the
ayes and noes on the question, to prove that
it was repealed by a large majority of both
parties.
Bat there was another constitutional obec-
ton that to his mind, was insuperable. The
constitution provides. shat the Judicial power
OF the u. States shall be vested in the Su-
preme Court and such courts as Congress
shall. from time to time, ordain and establish;
and that the Judges shall be independent in
the tenure of their office, and shall receive a
fixed compensation. Under this bill large
number probably not less than SOO0) of Judg-
es are 10 be appointed, by the name of Com
missioners. These persons will be in fact
Judges. Judicial powers are confded to them,
~ and they have been recognized IN England
! as courts OF Justice, exercising equitable pow
ers. Their courts are not indeed courts of
record IN that country, but they would be so
here, for Cppies of their proceedings are made
EVIDENCE. BY the express terms of the bill they
are recognized as exercising judicial power
Ileyare SAID to adJudgc," and their acts are
spoken ofas Judgements" A Judge ishe who
applies the law 10 the facts of u particular
| case, and declares the result. Can there be-
doubt That that declaration which dvests
man of property and liberty in pursuance ola
law, is Judgment? Then, if these Com
inlsslOners exercise Judicial power, they can
not be- appointed by the President alone the
concurrence OF The Senate is also necessary.
Theirtenure ofutlce should also be during good
behavior, and, instead ofreceiving hireing wa.
ges, at five dollars per day, as the bill provides,
they should have compensation pursuant To
the Constitution, which should be neither in
creased nor diminished during their continu,
ancc in Office.
In addition 10 all these objections, there
was another, which to his mind was of stifl
greater Importance Ii was an objection that
| lay AT the foundation of our free aud e9tal in
stiluti0ns. This proposed to incorporate the
mercantile community with system of laws
peculiar 10 themselycs--to embody them to-
gethrr and TO separate ihcm from the rest OF
! the community. 1t was calculated to subject
| the mlddliDg class Of traders TO the power of
| the wealthy merchants, and To give tn the lat
| ter distinctive aud corporate powers. They
would be- rs completely corporation as fhe
Bauk ofthe United States. And what would be
| the effect ? The merchants have already, as
| one of them formerly told It's on this floor, 10
20ths OF the moycabic property in the coun-
| try, and all the Banks The result would be
that the banks would govern the city merch-
ants, the city merchants would control the
| merchants Ut the country, and the latter, in
their turn, would give law to the rest of the
community. OF all aris.Ocracics, moniCG
| arIstOcracy most to hc ayOided--aBd
never could it be- wise in this government ID
amaI6amaf the force 0ftlIis powerful order.
and give TO it an interest aud sympathy diverse
| from the rest Of the people. IL, unfortunate
! ly, such body should be so organized. II was
not difficult to discern that they would, ere
lO1g, fix the government ofthe United States,
/ and control It's destiuies.
| Tie laws should be framed 10 promote tine
/ happiness of the people and to suit the great
/ body of the people. If the power OF govern
mrnt was the object of our L. i.ll'iun il might
BE- policy to sacrifice every other c0nsdcra-
ton To that of wealth, which constitutes the
sincws of power But the happiness 81 the
people IS the first 0i,iec; OF republican govern
; mcnt. and wealth. and power are only to DO
reg irded as they promote and secure that hap
+ pines.
4 Mr.. Smyth concluded by expressing hope
\ that the motion to strike out the first sec
ton would prevail, aud the biA be thereby
destroyed. .
MONDAY, JAHuhEY &c.
/ ~ SENATE.
/ Mr.. IIoLaEs, from the Committee on Ri
nance, reported, with sundry amendments,
the bin 10 establish the compensation OF OF