Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-01-10

y we strain at gnat and swallow camel
but SIR, arc our judges such men can do no.
tmng wrong! Are you willing thar your liberty and
property should rest upon the siale security that
the judges wall always act correctlys Those wao
believe that our judges will always continue incor.
rupt, " weave an enchanted web OF fairy tissue. M
beautiful and as transient the film of the Gossa
mer. when pearled with the morning dew, and
siimmefing to the morning SUM- surely we are
not thus to be led as'ray By creature of the ina
gination.
believe that no one will contend for the infalli
oi.y OIL judges, and am eIefore willing to cast n
veil over their But, sir, will contend
that they like other men liable to passjons am,
preJudiees; and yist would be the situation of an
Individual, exposed to the power of a Judge pov
erneo oy his passions, guided by his preiudices
andJudging IN his own cause: il would be wretcbei
IN The extreme. Perhaps he might have 10 noer IN,
miserable existence, in The cells of loathsone aiL
Fe'haps he might hear OF the confscation of his
properly, OF the distresses of a beloved wife and
children, left exposed to the iEclem.ncies nj N.
seasons, without 'ocd, without clothes buffeed bv
the STERN OF adversely, and left exposcd IN The nit,
Ola rude world. He confined in ia;J n,i,b, hon.
their sroans, but could no, br with them to svnra-
hlze win their sorrows, He might know they
~e'e hanc"' ana could no, by his labor clohe
them. lie might hear that his beloved little one.
and the partner of his bosom were yi,hou, ,h. ns
cessaries OF lie, without food and he coui M, a.
to their relief No, he is in Jail, he has offended
mighty Judge, and .nnst suffer all tina, IA. 80,
may think proper TO infiict.
Mr.. Speaker, when reflect that for an, inds
eree' expression may be thrown in Jail, and nv
property coniscaed; when reiec, tina, , ;,da.
through private pque, or i'll will NAV d.rr;,oa 20.
OF every thug dear TO life, for ,lay an hour nf
vT'uous liberty, is worth whole eternity of bon-
oase, am almost ready to leave his nv no,vc
aho' ana ny 10 realms where such oppression is nor
recognized by law. But feel that this l. osI,,m.
VIII NOT suier another year to pass, without pre
venting such enormous power being exercised by
any SCI oil men; and Ieel that the free and enligL
ened people of this state, will not passvsIv .,,,n,;,
TO 1t. '"on''
II the power claimel by the Judges, be exercised
10 any CONSIDERABLE extent; if individuals be mn, in
Jai' and heavily fined without good cause. the MO
PIE WIN rise IN the majesty of their strength and
~, e' eoT ''e judiciary altogether. This state of
things earnestly depreca,e. l wish our ;uJces
should be projected in the exercise of ,b. sf;o,
duties, and that bill sufficiently protects thor,
also wish that the citizens of this commonwealth,
should not be exposed 10 the i'll will and malic. or
Judge. BY the decision of the General Co,r,
guuSe may resent his private quarrels and saw bis
luaiclai conduct was called in question:; he may be
OF reyenGeful disposition NAV dislike bis NEIGH
hour, and send him to JAIL and fine him "a anv
mount he may think proper, for some offence NOT
al all relating to his judicial conduct, for the inse
dNt oil the Judge is all the evidence necessarv in
the case -
MI Speaker, is it not probable that among about
"'ooo Judges and justices OF the peace that some
may DC Oh this description; and if Judge should
aci In Tins manner, what redress has tile
he must go to Jail, must linser out miserable en-
istenc' un the tyrant is saiiaed with revenge; and
ask tins House, appeal TO them as American
legislators, ii one single case OF oppression arisnt,
'o"' 'i''s Unlimited power, would not be a mon-
strous commentary on the law as it nov stands
appear 10 gentlemen OF the profession; address
mem as 'e legislators OF Tree people; INDUCING the
nope that they will furnish on the passage of tli.
bi!i, striking evidence of leir slper,or attacb
'hehe 20 the sarssd ;-.acpes OF our constitution
over The siaVish doctrines and ebscsea fctions OF
the common law. If, however, knew thai our
Judges were all good and honorable men, knowing
.hey possessed this power, would be equally OBJ
JeclIonablet to me. Ii knew that had master
II knew that was slave, whether IN, master
Was an honorable man or not he chains Of slavery
would be equally calling and oppressive
In answer 10 those gentlemen who NAV urge
'nas IL Is time enough 10 pro, ide q remedy hen
the power has been abused, | will say, that Virgil
MA dld not oppose the sed,ion law because case.
OF Individual oppression existed our fathers did
no; oppose the tax oil one penny per pound on tea.
because that tax oppressive; no, both were on
posedupon principle. Our fathers did no, believe.
"Ws had batter teor those III, zee hare,
! Tkan fly to Others that a,s knou mol ofs
( but resisted upon principle, what they considered
was oppression; what they considered was in on
position 10 the natural rights OF man
= Is II come TO this, that we are TO have privi-
legged order Of men among us Are one favored
set OF men 10 have the right of tranpling undo,
foot every thing Sacred 10 us? For, if the power
OF the judges be truly defined by the General Court
they area privileged order of men. We had better
be the vassels OF the auocrat of Russia than free.
born citizens OF Virginia, if judges are to continue
! 10 exercise such power; in being that we should
have but one master in this, about 900; in being,
the former, we might be deprived of our lives, i'm
being the latter, OF our liberty and property Which,
is TO be preferred the loss of life or the loss of liz
berry.
Mr.. Smith, of Greeobrisr, thought the bill would
do no OF good. Rather than pass so mis-
chievoos an act he ould prefer that the power in
| the courts should remain t.now is Under il,
| provisions ii contempt be committed in court.
no matter how aggravated, outrageous, the She
riff is merely put his hands on the offender and
| politely conduct him TO the door, and there the
matter ends. As to the subsequent prosecution for
misdemeanor, it would amount to nothing
| Where was the guarantee for the due and regular
administration of justice? The bill, he thought.
would operate in favor OF class of society which
1t was not the intention of the House to protect
ne meant the fiotous, the disorderly; they would
be entirely certain OF exemption from punishment
Tor the first offence. This would be an inducement
TO them TO repeat the offence at the next term of
the court, or under such circumstances as to make
it first offence under the provisions of the bill
The judges would be thus thrown upon the mercy
OF the disorderly and vicious part OF society The
power in the courts, of self-protscton by punish
ment Tor contempts old as jurisprudence it,
self; 1t had been haaowed Ivy time and sanci6ed by
| Won curfaiI fba nscege.ry ,o,yo, a., s,ol,