The Virginian. [volume] (Lynchburg [Va.]) 1822-1829, 1828-03-10

~ :. ~ tfs = M tnsf.are nj the rs ShalC-
spesre himself could have sgsluced li.udly
second fate iasYer Al The County Courr Bar Of
Amherst and Rackinf bahi, sneer accident made
him Gosernes 4 Ymeiu Happening then to
be 3 member ofthe Assemble lwbeo a very OBJ
noAi ous character was hednp firth oaicrl-~
possessing good temper and s,aiablc ,nanncrs,
aud mo- respectable aud powerful connexions
---4te aafgine Of mslajer's stse caused him to
70 he fcned upon 20 keep oai the. only csndi.
date. With that exception the Office was going
a heeena Conducting himself most uucxcep-
iionaiiy and in3iensiyely as Governor. he had
county z. one ofiht finest too IN the State, nam
ed after him and was advanced 20 the Court o {
Appeals Of y bieh he bids fair 60 be President /;
CeHf IN which, ifhe had remained at the Bar,
BE- most probably would never have obtained
brief
My venerable friend MIR Nacon has more
than one pbseFed ia me, that with the exception
OF North Carolina. 40 State mol even Virginia,
lad called county after or done honor 10 the
President Of the FIRST Congress, who, IL he had
liyed and the day had gone against rs would with
another RUglaian. have been sing led out as the
rnReadefs of the BEHfLLIoT, aud made exam
pies OF accordingly, tH te,TOrem ofail future Of
tenders
haYe seen the Lord Chief Justice Of the
Court oil Common Pleas. sir iVm. Draper Best
and SIR John Bayles, (hotl, very iniirin men.
SIT day after day, the one AT Nia Pri,is and the
other on the Crown side, from nine IN the nor
nne until five IN the afternoon, and despatch
more business, ia one day, than any OF our
courts IN Virginia transact IA week. | have
seen Il Jndgeid 6uldhaii sitting in court with
his teapot and bread aud butter before him, IA.
king ms breakfast. while counsel we're plead.
ng. thst business might not be DELAYED.
The Judges IN England There are but thirteen
tor that great Kingdom, where each of three
counties, thai ! could name, contain more white
people, and Ineomparaby more wealth, than
our poor Old Dominion work harder and are
worse paid than any other officers IN that gov
ernmeut.
How Is il with MS in Virginia We find
men anxious enough 10 get the appointment
but are they in the general, as anxious
In discharge The duies--to earn The salary
AS to draw II There are no dauht and 10
my personal knowledge, honorable exccp-
stnns but are there not too many instances,
in ahlch very insufficient causes ARE laid hold
on 10 excuse the Judge from holding hi, court
and for breaking il up md going home, 10
the delay Of Justice and the harassmrut aud
expenses Of counsel, suitors aud witnesses l.
mol this A crying evil And il the tenure BY
which Judges hold III Virginia be changed
will II nat he owing 10 their own negligence
and misconduct In England. where two
counties OF the northern circuit (Yorl and
Bancaster) contain more than two millions
81 inhabitants. au3 vastly more wealth than
the Kingdom ol Prussia, such neglect Of duty
As occurs every DAY in Virginia, would not he
tolerated for one half year "Io dciry Iusiice
70 no or and " 10 be HHWdi44 10 ctargr fhr
inics n Eu4itnd these are tire oath aud d..
eIaration 81 the ancient Kings Barons &of En-
gland We ssHm 10 be guided hv maNims
the very reverse OF these. As 10 the law,
they arc 50 often chopprd aud changed that
W. never have time to find out what the ex.
isling law-is-much less 10 have il settled
in the only way that il can be scltled--hv ad
indicaton. Much Of this evil has proceeded
from the Senate, nj the instance Of the author
oithe Rlchmond Adams manifesto lhayc seen
Sir John Bailey Try some six or eight crimi-
mails in one day, thai here would consume the
time allotted for one. or more ti,an one superb
or court II Is true there LAWYERS are only ad-
United TO cross examine the witnesses, and
are not suffered 10 take mp a day in frothv
defamation 10 mislca1 the Jury. But can
conceive OF no form of trial more fair than
that IN England and the summing up Of Sir
John Bayley, Cwho IS indeed counsel TOR the
accnsed,) Is the most perfect specimen offair
ness aud clenruass ard conrieeness that |
Yer omiis The most minute circumstance that
mafp- for or against the prisoner, and, with
out showing the least bias either way he ne
yer tails 10 tell the Jury that g ii upon the
whole they doubt, the accused is entitled TO
the beueil OF that doubt" cannot 90 so far
As an irish gentleman, whom heard (hu
moroaSly,l say At Norwich AssiEcs. Z" that il
must be a pleasure 10 he hanged 10y Sir J.
B1yley,a but I take pleasure, II pride, too
III here naming the honour that received in
his acquaintance, aud that OF Lord Chjet Jus-
tee Best aud the very kind attentions and
hospitality by which was distinguished By
both of them, the last more especially
The trials that speak of were ordi Ndry cases,
civil aud criminal moi cases Of libel and trea-
son--oi political law. In England as in other
counhes excepting Virginia fear there is al
ways a leaning the side OF the Bench to
Power, in whatever hands it NAV be placed
Note D.--Mr Madison q speak it without the
slightest disrcspect to that eminent MANI is a
still stronger case in point, than Mr. Pitt
Except Mr.. Jefferson and Mr.. Jay as Sccrc-
cretary of state he had not perhaps, his cqaal
in our eountry-his superior no where pro-
found thinker, powerful reasoner" with tongue
OF pen ~ a great civilian, reminding one of his
prototype. John SeIden TO whose MARE
oIArsunn no man was bitter fitted than Mr..
Madison to have opposed AhrE IipERrW
Yet advanced to the helm of affairs how ron UNI
3
II is impossible even at mis- day, 20 read the
ancient evidences ofour liberties without throb
of gratitude To those brave men who CXtorted
their acknowledgements not only from such weak
& worthless princes as John and Henry Sd. but
obtained their confirmation by Edward the First
the Insllnian Of England, warke monarch.
and perhaps the most sagacious and powerful
IF all that wondrous race of kings--the Plsnta
! genets.
" NuIlus liner homo capatur vel imprisorctur
aut desSeisatur de iibero tenemento suo, vel lib
eiiatihus vel iberis consnetudinibus >us, aut ut
agetur. aut cxulet, aut allquo modo deS'ruatur
nec super cum ibimus. nee super enm niItrmu,,
nisi per egale .iudiciam parinm suc'um, vel per
/ lpgem terre Null vendenus null ncgahimuS
nnt diffrremus rrctum vel ins,uian. "-AAGNA
! u L