Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1825-01-04
co,fM1rNIcArEn.

TO The Legislature Of J6t,%3ata.
His possibletbat the report of the Committee Of
Coiirts Of Justice tipGn the subject OF contefnpts
of courts" &c. may suggest Tie necessity of eff
fectng some very important modification of the
cominpu law powers of our J judicial department.
That there should be such modification, is nv
opinion, made W after very long continued re-
fcction upon the case Of The Com nonwealth Us
cambridge argued and decided al the last June
term of the General Court.
1t is not worth EhIie, 10 institute any enquiry
al this time, whether the court decided correct
" in the before us or not; suffice il To say
they hare decided, aud their decision IS the law
Df.the land; and the only question for cousnera-
ton now is, whether the paramount power of
the Legislature should not remedy what many,
very many, good aud j1dicious men, conceive
to be very serious defect in orr laws
Let Us examine tie subject; and LET our COM
plants be thought gronndess ar not according
TO the result of tue examination. The common
law of England, has By solemn Act Of As
senbly, been adopted by tho people Of Virginia
as the 'srule of their civil conduct;p aud-is al
ths time in force in all its parts, except where il
has beea modified, repealed, or SD Jefcedcd by
e2pFess legislative endGtnients' When, there
fore, any questioa arises, and tie SUBJECT IS res
srltegra as it regards lis Application among -, if
or statute book is silent upon it, Of course &c
terence is to be had to the common law. This
the court did in the case before US; and unOn
dong 50 they found Ibis part of TIE law at least
whole and in all lis integrity as it exists in
England, in fall force in Virginia. Whether
tie court DECIDED correctly upon Che particular
state OF facts before tIicm, is adiGerent question.
Ifthey did, tie same doctrine holds n England,
AID any argument upon this subjectin England,
how severe soevcr Tue case, IS, by virtue Of our
adoption of the COunou lazy, strictly applicable
to a similar state Of facts here, without the
slightest abatement Of its rigour. And without
ascribing to tic court alii oi,Ier motive, tan a
desire ID coDscic1Cion7Iy discharge their duty
Yeti point Of t;tA tIey did in DUPLICATING upon
Isis cas-, gcC ,ghiAe with Gnco;npromisiug tena-
city. iu the ycty heart of a republican luntry
tie lagiiinaC. Of p-inci Pies which corrual-
y c,l. u!alcj Tor the meridian of mouatcbical
empire.
Upob the adoption or me common law, as orr
law, many altecalioas and amendments were
suggested and adopted forthwith, in those parts
Of;hat system liich were obviously uncongenial
@ith, and ina 1pliclhlc -, the situation Of pco
pls who desjguc to &c Republican. This work
Of rendering if p,ssihje. rnniifarions AMI
cJup'sx system Of law compatible wiz, tto sim
fliCiy Of republican nsti'n'cns, has b@cn car
fynng on from ihG earliest resi,l Of on, history;
anI M doubt necessity fDF 50 doing, - iil attend
Us through every cliraacteric Of our political
s<'st,nc@. II beh0ves therefore rs wc move
1iDue 50 alter AID amend" 50 long as by the
,ccfatip't Of any practical Inconvenience, we
So q sdat tla, reformation IS necessary.