Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-07-18

NtstNa ha$ t&'S NOtfsS " haC tAAot AAt
Legislature meant one thing. when hey have said
.no.hcr anu u diherens hing: they did mean that
al the Judge snould attend upon the General
Court; that all the collected talent ani learning vi
the Circuit Courts Cue that what il nay) should
constitute that high tribunal, 10 which questions oi
:. novelty anu difficulty" are adjourned tor hnai de-
termination, aud which is the las resort, in all cri-
minaI cases whatever. They 80 arrange the mat
ter, however, that a lean majority Is, generally,
the only Court that can be procured.
Its impossible TO compute the evils which
this mai -p~ractice,t this false Interpretation OF the
law, has brought upon the country. This court
WAS instituted 10 ascertain ami settle, by its adjudi-
CATIONS, some ot the most important branches Of the
law OF the land. But il has failed, in a great de-
gtee, TO accomplish tIat object. The conc urrence
of majority Of the whole number OF Judges, is
surely necessary To- give authority 10 their adjudi-
cations. Can any principle he settled by u major
ity OF a mere quorum, which may be but tive,
which is but one-tliird OF the whole number
F" ould the other ten who might think differently,
surrender their opinions! Would the people ac-
Quiesce i'll such decisions! Cases are, indeed, de-
cided upon the present system; but ue laws OF the
land are involved in utter confusion and uncertain
ty. Tn. laws OF property, and liberty, and lite are
unsettled, because the Judges will not attend. Ma
NY oil the most important questions, involving all
these subjcc cts, have occurred III the country, been
brought before the court, aud decided ,y a lean
majority of a-mere quorum; and when the mex;
uine the cases occur, may, and some oil them will,
be decided another way. Ii there had been full
courts, the laws OF the country might have been
made known TO the people.
1t was mol their Incidence, however, it is said,
but their want Of concert, which produced the late
failure to- form a court. Unfortunate dcfence!-
What right have they, 1 demand 10 know, by pri
vate concert, among themselves, to elude the re-
QUESTIONS OF the law! Ii they do make these ar
rangements, by which a part Of them are exempt
ed from attending, they thereby defraud the
public out of one half OF their valuable SER
vices, as regards the General Court. 1 had
supposed that this practice was one OF the So
crets Of the trade, which This generous advo-
cate, in the heat and hurry Of his vindication, has
betrayed and published TO the world. 4 am glad
that the practice has been avowed, in order tina,
1t may be put down by the public opinion. / here
declare it to be my opinion, be il worth little or
much, that the fifteenth Judge, if he knew that
fourteen were already in attendance on the Gen.
Cou,t,would be bound by his oath and by his honor,
TO attend also, at whate yer distance he might re-
side from the city Of Richmond.
l am but a plain man-with no taste for maihe-
mates, and no thermometer in my bosom, by
which l can regulate the heat of my feelings
They may rise, occasionally, no doubt, too high,
even by the nineteenth part OF IA degree. Be it so.
j do not envy the man, who keeps down his feel
ings under a screw-press,s and permits them 10 IL,
only according to the slow revolutions, of a cold s.
calculating judgment. l do not envy the man
who sits down to a mathematics calculation, TO
ascertain the proper degiee OF Indignation and re-
sentiment ne should feel, when he believes tina, hc
has witnessed a public wrong, or has received d
personal affront. Tho such d man may well possess
the negative virtue ofdoing no harm, il t. absolute
ly certain, that he never can be the instrument oil
much good. He, who steps forth, Tor any useful
purpose, TO embody and. express the strong sen
timents OF I'm injured community, must not con-
tent himself with b%andying the delicate set phras-
es OF a drawing room. He must catch the warm
feelings ofthe public, as they rise, S use the strong
language, which Is only 10 he found, in the stern
voc abulary OF truth. Give me the man; who pos
sesses a " holy ENTHUSIASM" which may sometimes
run into intemperance and even heat; but deliver
me from him, as from a curse, who Is subject 10
y" violent his oil moderation"
j should bring disgrace upon the distinguished
name | have adopted, il 1 should shrink from the
full execution of justice, even TO the u;termost let
ter OF the law, altho' its penalties might be brought
down in thunder land with exterminating violence,
even upon the heads of men, whom 1 personally
regard and respect. Because men have been de-
nounccd, IL does not follow, that they have been
wronged. To administer retribuIve justice, Is NJ
ways to intiict pain. He who undertakes II, should
possess that sernness OF nerve, and steadiness, OF
purpose, which would enable him 10 conte te
unmoved, the sufferings OF a convicted offender, Ia
order that a public good might be accomplished.
An enlarged and enlightened benevolence points
out the folly and the mischief of in~discriminatec cha
rity and universal torbearance.
The writer who has favored me with his notice, &
distinguished me, by the appeilaton of enraged
enthusiast" IA strong proof OF his own GOODNESS s.
moderation) deprecates The effects of the = angry
elements" that have been stirred, and does me the
honor to attribute to my humble exertions a good
deal Of the existing excitement against the Judges.
Ii what / have written, and shall write, have nc
foundation in truth, he need take no trouble TO a.
vert its effect; but il well founded, il will have all
effect, that he cannot avert. The people Of Va.
are not made of such intlammable ma terials, as to
be set on lire, by al. idle essay in the newspapers
But when their own sentiments are embodied and
expressed, by any man., through any medium, he
must speak powerfully, indeed, because he speaks
as with the voice oil ten thousand. An individual,
! at most, can but concentrate the scattered rays ol
public feeling, as with a lens, and thus give them
} direction and effect. In this enlightened country
one man can hardly inflaine d multitude. Hr NAV
clear the way, and facilitate their progress, whcI
they are already on the march. But that is all that
he can do-ltis not possible that L should have done
harm; l hope and believe that 1 have done sou.,
good. MANLIUS.
p. S. 1t is due to g Justice" to state, (and il i
done on his ,uthority) that Judge Stuart was ply.
sicaiiy unable 10 attend the last term of the Gene
raj Court. have spoken of the Judges, as a BODY
OF men; but the public opinion has made discriml.
nations, which will and ought, to attach 10 these
essays. MANLIUS.
FOR THE ENQUIRER.
NEGLECT OF DUTY-GENERAL COURT.
.Hajlii1Is, an eloquent writer in the Enquirer OF
a late date, has placed among the names OF Judg es
who were absent from the last session of the Gene
raj Court, that oil the able and accomplished Judge
OF the Bird Circuit, William A. J. Dade. The public
OF Virginia should be correctly informed of the rea-
sons Tor the absence OF those Judges who did not
attend. And, As Judge Dade is not obnoxious to
the least shade of censure for his absence, the un-
! dersigned states, for the information OF the public,
that on the 9th Of June, Judge Dade commenced
d Special Term of the Superior Court Of Eau
quier, and did not adjourn till the 24th of the same