Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-01-10
RICHN6OND, JAN 10
VIRGINIA LEGIsLATURE.
rRocNsplNes on TIVE HOUSE or pnLEeArEs

| Saturday, Jan. IA communication was re-
| ceived from the Senate that they had passed the
bl--to provide effec,ually Tor the establish
ment oi public hbrary-that they had passed with
| amendments, the bill ,atborsing separate cleo
ton the side of Shenandoah river in Frede-
rick--And that they had rejected the bills provid-
ing tor the solemnzation OF marriages. in Grayson
and authorizing VIM. Nash and Johnson Howard TO
continue dams erected 10y them across Ciinch rve
The bill with the Senate's amendments wee laid on
The table, on motion Of Mr.. Watkins, of Prince
! Edward
Mr.. Rim6rough, Fl ON the Committee to examine
the Auditors Office, made report-and MIR. Loy-
all, from the Committee of Schools and Colleges
presented bill concerning the President and Di-
rectors OF the Literary Fund. They were laid up
on the table.
On Mr.. Whites motion, the Report of the Com
missioner of he Ksnawha Road and Navgaio
was referred 10 he Committee Of Roads and Inter-
nal Navigation.
| Mr.. Wilson, of Cumberland, presented a petition
from that county in opposition to the call OF con-
venon.
| The order Of the day, for the appointment of
brigadier General IN the place OF General Foreman
was taken up.
Mr.. Thompson, of Norfolk county nominated
| Col. John Hodges OF that county. Mr., LovaH
nominated Col James r. Nimmo OF Norfolk Be-
rough The nomination of the former was supported
| by .NeSSrS. @iurdough, of n. and Moore of
farsx, and oil the latter, by Mr.. Rires. The bal
lots stood: Hodges l2S, Nimmo o. Whereupon
Col Hodges was declared duly elected
On motion OF Mr.. .NorrisS, of q the bill con-
corning contempts of court was taken M.
Mr. Jackson offered rider to the bill The bill
only provided for conempls occurring in court
and lett those, which offered ont of court TO
the common law remedy. His object was 10 lace
both classes OF cases the same footing The
rider was read the hrst and second tme, and en-
crossed.
Mr.. .Norriss, of Gloucester, said, promised
when Obtained leave 10 bring in that BILL on its
passage, 10 offer such reasons. as sure would
convince the house OF the proprety of passing il.
now rise TO redeem that pledge; should de ain
you longer than could be desired, it will be owing
TO the importance of the subject and not to any wish
OF nine TO trespass on your patience.
The subject of contempts of courts is of the
greatest importance 10 the liberty and happiness of
the citizens of this commonw ealih; il is a subject
that claims our most serious attention. and APP
proach it with fear and trembling. | fear on the
one hand TO weaken the Judiciary. and on the other
cannot consent that the free people of this State
shall be the vassals OF the judges. On this side
Scyla stares me in the face that Charybdis and
we must endeavour like Ulisses of old. to steer
our vessel between the whirlpool and The rocks 10
arrive al safe harbour. We must endeavour bv
properly restraining the power of the Judges TO
keep them in due bounds, and yet to leave suiii-
cheney 10 restrain the iactious and turbulent.
That Bill has been ihtr oduced in consequence III
the decision OF the General Cour, On the case G, !;
MIR. cambridge, referred by The Superior Court of
Jatles City to the General Court, on which case
Judges w hlte ans Dade have published their views
and they contend that it is contempt of court TO
speak or write any thing disrespectful of a Judge
acting IN his judicial capacity, whether il be done
In court or out oil court, among our families or in
; public places and that the judge has the right to
punish the offender by fine and imprisonment at his
own discretion You all see at once the danger of
such decision But this decision is the law by
which all governed; it is the law of the land;
it is founded on the common law of England which
govSns us IN this case, for yet, there has been
no act OF assembly taking il out of the common
law, therefore we are governed by it; no matter
how oppressive, no matter how it may differ from
our feelings our customs and the spirit of our 60
vernment. Ii judges White and Dade had read
more atteniivey our constitution, had reflected
more upon the spirit of our Institutions upon the
feelings OF our citizens they never could have urged
! such arbitrary and bigh-handeI opinions as thew
have done IN this case. But unfortunately for US
our judges are too fond of common law in oppos-
ton 10 our republican doctrines refer much olener
, to English precedenis and adjudicaons than to our
constitution, and are in consequence, often found
IN the pursuit OF power too unlimited, for peopIe
who place their chief happiness in the enjoyment
OF lite, liberty, and property, as ain independent
right. 1t cannot be denied, that common law rea-
soning Often carries the uind beyond the limited
charter OF freedom, and not unfrequenty builds IN
system upon fiction, which is tyranny when re-
duced to practice; or complete folly and nonsense
when found harmless. This idea borrows ilIustra-
ton from ridiculous fiction, applying 10 mprson-
ment for debi; for by the common law il is con-
tempt oil the king to disobey writ, not because
person refuses 10 pay what he justly owes not be-
cause That Is the only means by which creditor
can obtain justice, but because he refuses TO obey
the orders OF the king which are conveyed by the
writ and is thereby guilty of contempt and pun
ished for contempt.
by the common law courts ere the emblerns of
majesty, they represent the king, and to be guilty
Of contempt OF court is a contempt of the king
This doctrine was urged by gentleman on this
floor at the last session. He said (and distinctly
remember his words) that courts reflect the males
ty OF the laws; Blackstone would have said that
courts reflect the majesty OF the king; but sir, God
be praised, we are not subject to the power of a
KING and OF courts to reflect his majesty. Our
glorious revolution has done away with such doc
Irnes; we contend that judges as well as other
oihcers oil government, the agents OF the people
not their masters
/ Why are judges 10 have more power than other
officers OF government? Why are Judges 20 have
the power OF depriyiDgus OF our liberty and proper
Ity! Why should not our president! our governor
our members oil Congress? our members Of the le
gsiatGfe, be protected as well Judge? They all
have duties TO perform, and why should they not
have the right to fine and imprson as well a. a
Judge 1t an individual to call in question their
official conduct They all stand upon the same
footing and should be alike protected.
| AND are you willing that your president! your
governor? your members Of CongIess' and other
officers should have the right to exercise spcb
power! II you be- you differ from The Virginia poll