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

Now the power OF which we complas constitut-
ed a Intent, at least not very obv ions prin
cipie IN that cole of ''nnwrittcn rcason,n and
either NJ was not apprchended as Il source of in
convenience, was disrcgarded, or pretermit-
ted al the time a matter of minor considcra-
ton, amid kbe commissions which gave us birth.
Now, however, we arc safe and calm, and have
The opportunity Of contemplating our concSrns
in detail.
Let any man seriously ask himself whether it
IS probable that the Legislature of Virginia
won'I have passed m express law for comforting
tins exhorbitaot power upon Judge, surprising
he did not possess it BY virtue of the common
Iiw'-No such a regulation never would have
constituted part OF the iee scripta of Virginia.
Yet they do possess this power; and its cinse-
Guences to us, are the sa;.is Ia all intents and
purposes, as IL orr Legislature had passed
positive statute, In confer it. Our Legislature
would not have enacted such law although the
necessity Of its existence were enforced, by
eloqncncc and ability, labouring to prove i, es-
sential 10 the administration o! justice. They
would have devised ways and means To render
a successful administration of Justice compatible
with smaller power IN the hands oil te Judge
II then these consilet atoms would not have been
strong enough 10 Obtain from you an original
grant of this power what Arguments can be
nrSei III favonr of its continuance?-Does it
coinport with that economy which we profess
f'inctioniriese- May il not be equally well for
the administration of the laws. ii part of this
power is taken away?-Tus is what ycu may
soon be called 10 enquire into.
IL has been said that u, tae three departments
the Judiciary are nothing, next Ia nothing;
out when we sec icn beginning TO assume some
oil the most patpa5le attributes of entity, 1t is
high time to recognize them as agents who nav
do mischief: il is true the judiciary are so in
snlated, tllat no dangerous coalition with, or nm
due ascendancy over, other departments, is 10
he appreheadei from them. But the power for
Witch they contend, land which il seems they
p1Ssess) would enable them, if thus disposed, To
exercise an intolerab.c degree Of tyranny over
individuals. Some one however, who has rrea!
reliance upon them, would ask, why are YOU
afraid TO trust the Judges, they are full of mag
naniinity, gentieness and forbcarance. very true
believe our Judges are very estirnablc body
of men; ''long live they so, and long livc. we 10
think So" but II is the principle for which con-
lend have no I,iea OF giving man the power
to Inprison my body bat,ause he is good man;
hive no security how long s'the milk of human
Kindness" may remain the predominant fluid in
his composition. We are pretty well guarded
against constructive trcaSon;; il is much to be
wished that similar security could be devised
against constructive coaiemptS; particularly
when such frniiabie traity as Judge, Jury
and Plaintiff is embodied In the person Of one
individual.
am very well aware Of the most plausible
arguments iviiici. would be urged against any
innovation on this subject: 1t might DC said that
more mischief than goad might be produced by
| IT; trues Fis very delicate subject; AMI there
rs, cphfess, some danger of ui1tiIatinr d very
beautiful system of artificial reasoning. Ani
would therefore recommend catitits, and cir
cumspeetiaR What will be the course, If any
pursued ,ilion the subject, know nat; but feel
conpincedii is within the compass OF hM;naIi IN
genuity, TO provide so'ne curb tnth,s exisorbi.ani
power, Without seriously GRIPPING the a,iIiiais-
traitor OF Justice. a Lawyer.