Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1824-03-19

'nii i'g - 1Htaienry departments OF the govern
meat cannot - des;ri Whenever the legislature
to pass new r law. this rule TO be imprin,eL OF
their e"'ts-a III when tx judiciary in the exercise of
si>creiian ii, bx tue law are about 10 impose
ine,"r "f't' runi>hneu the rule ought to guide
"n An1t, ti'r, To- Himnister Justice in mercv Du
dodsus i"t ia % npgra,iun OF this rule the Legislative
i'ei.IS1'n lie controlled by The Judiciary. In the deli
rate 'H'kf pf"s ii"r punt ,hmen. for offences , esis
'"ure m''e ici Tree 10 act independent judicial CON
'i' fer ii" common good OF the comniunity To whom
alone i-v are responsible abuse Of their trust Til,
constitution IN, vested this pswer exclusively in the
anre a" whether they exercise the power well or ILL., the
Judiciary haze only into effect II is only when
they Transcend their Pore's that the judiciary have ever
c"eh The rer TO amnu thelr If courts and iures
were undertake to 'so,ic whether this tina, punish
ment prescribed by law, "eue aud ununai" the un.
certainty and confusion which would be created by such
exercise of juri'dicton would be greater evil than
Which, IL is intended 10 remedy.
These remarks may be considered as applicable IN nj,
cases in which is attempted invaldate law n, H..
gr""nd That ii inhicts cruel and unusual punishment
o"t WIN respect To the particular under constl-
must e"ier my protest against the attempt TO APP
ply the abstract principles OF the p of Rights TO the
T." tue subject of slaves, free negroes mulatoes
confess anu not boil enough do SO, because cannot
give any decision which could have tendency To
Tue commonwealth, aud in saying this supported by
The hgheilical authority of which this state can boas,
mean That ofthe late Judge Pendle,on.
The motion in arrest Of Judgment is over ruled
Aidridge was then sentenced to be sold and
transported according TO law, and TO receive
80 stripes on his bare back. The Judgment
VIII not he carried into fleet until after the Goth
June-so that there may be an opportunity of
bringing The case before the General Court.
humanity shoulders at this legislative enact
ment.-lt should be expunged from the
| statute book)
.4rchibatd c. Hoskins and james Net
two convcts in the Penitentiary, who>were
reported by The keeper to have been end.
tiine convicted. They were brought info
court to be- identified. Each acknowledged
me iact-and each was sentenced to i'm prison
menl in The Peniteniary for 10 years.
There were 3cases against .urtfheac H. Rice,
late S;oIe-Keeper for the Penitentiary
charged with emheZZlemrnt of the funds com
m''t"d tn his care. Neither of them was
tired during the present term. The Grand
Jury returned an Indictment in one of the
cases, but the trial of il was postponed iii ,b.
next term. They also made two present
mems agant him for embezzling CHI, cks placed
under his care and management. One of the
charges for which lie was sent On nv the
examining court WAS for embrZzling sum
OF money equal 10 the amount of these two
checks united but II was thought inmourr
10y the Attorney General 10 proceed in the
case IN that form. II will be necessary there
fore for the examining court to act upon th.s.
Two cases in which tho presentmen,s are made
before any further proceedings can be had on
them IN The Superior court.
There were also ten other cages, including
cases reported against convicts in the Peni1
ieht'ary, which were coniinued.-Six prison
ers were also acquitted upon trial or dis
charged.
The Court adjourned till the e8th June, the
day for the commencement of the next
term for the trial of criminal causes.-The
court for the trial of the ciud docket opens on
Monday next.-So far we may say the expp
rmrnt of separating our criminal and civil
dnckets into two distinct terms, is productive
OF much public convenience. There is some
sort OF certainty that the civil suits will now
be tired. They are not showed aside by the
criminal prosecutions. Witnesses NAV now
attend with some assurance that the cases will
be taken up.-lt is worthy of consideration.
whether the same system will not answer for
some other parts Of the Commonwealth.