Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-01-19

authority, anu struttng his busy hour" ra,he r
iye, IN Nirginia) con the stage"
MIR. Hunter Of Berkely, did not rise 10 war
against the Judiciary; but he thought, that when
the Judiciary had descended from the bench 10 the
political arena, they had furnished their robes. If
the jury are 10 be judges OF both law and fact rs
they had ever been considered, where, he asked,
Is the danger OF permitting them hear argument;
This right of the jury had been always held dear;
az one Of the safeguards of liberty. Counsel had
consciences; they had taken oath do their du-
" 10 their clients and he insisted that il was i'm
proper to permit the judges TO regulate the per-
lormance OF that duty, by saying when they should
| argue question, and when not. He knew that
preJudices existed to a certain extent against the
bar-out they had duties TO perform as we'll as
others, and should not be opprcssvely or unneces-
| sarily trammelled.
| MIR. Craig said that the merits of the question
| had been yielded by Mr.. May; and the only en-
curry then, was into the expectancy of legislating
on IT. He granted that the Judiciary were pure;
but they may not always be Who could say
that we should never have Jefflies on the bench?
lie commented on the dangers that might a.
rise out OF the principle which the bill was
intended to reverse. Juries had enjoyed the right
ron tune immenorial OF Judging OF the iaw and Of
more propriety should this right be insisted on in
a country like ours: The court, ne granted, had
the right TO Judge of abstract points OF law; and
pecialiy, on demurrer But the law & the facts as
compounded IN any were TO be Judged OF by the
Jury The diversity OF decisions by iuries, in con-
sequence of this principle was a necessary evil
out II was not comparable with the advantages that
resulted from 1t. The Judiciary in Virginia were
me most aristocratical feature III system; and
the trial by jury the most democratic. II was the
nature OF man to grasp AZ power-evcry depart
/ inent OF government had natural tendency TO in
crease ITS power. The feelings of judge would
naturally lead him, and, often unconscously into
constructions that would increase his power TO an
extent that hi own integrity would not permit him
70 3eheve dangerous, but which in another, he
might think So This was human nature; agninst
the iraiIties ofwhich il the business oflegisla
ton 10 guard.
MIR. May had been a practitioner of law for
twenty years, and had never seen an instance in
which the rights Of the people were infrnged by
the courts. On the contrary, he had always seen
| ulem protected He was plain practical man,
like the gentleman from Norfolk, and was prepared
10 let nell alone. He recollected 10 have seen
inns epitaph somewhere: Il was well; I wished
TO be better; sent for the doctor and here l le''
And so he said it would be with this antient COM
inonweasth. He consented 10 most of the prnci-
pies advanced by Mr. Craig; but he could see no
necessity for legisating on the subject
Mr.. Rives of Campbell said, that while one
gentleman nigh repeat an epitaph, another might
be permitted TO manufacture one-''I was sick !:
heard that some medicines were poisonous; |
dust"
Mr.. Epps said Chat the argument of the oppo-
nents OF the bill went to show that the Courts
ought to have the right to stop council, and in
otiOSl IIc jury dCCOTuDg 10 tDelr own Anew OF
the subject. This power he thought was destruc-
tive OF the trial by jury. But it had been remark
ell that IT would be time TO legislate when the
power was cldin1ed by the Courts. That case
involving this power had been adjourned to the
General Court, was prootthat the power had been
= claimed, and that there was necessity for le-
gIsiating on the subject. The only question now
was, should this power be permitted to be exer-
ciscd by the Courts? He argued that it should not;
and that if it were, the liberty of the citizen would
depend too much upon the arbitrary will and plea-
sure OF single judge, rather than upon the good
sense, justice and iInpartiality of jury.
4 he motion to postpone failed, ayes noes 49,
the ayes and noes being called for by Mr. Craig.
Mr. Craig then offered amendment giving
to party the right to be heard by council as 10
matters OF law and fact, both in civil and criminal
cases.
Mr. Gordon suggested the prspriety of recon-
hitting the bill; and after few remarks from Mr.
Nitcher 1t was recommitted
Mr. Kelley OF n called up the engrossed bill
authorisng separate election in the county OF
4 Nicholas, which was read third time and passed
4 Mr.. hlarshai rcss and SAID he wished 10 brinc
TO The consideration OF the House subject of great
interest TO the people OF Virginia He referred to
resolution lately moved in the Kentucky lcgisla-
ture, 10 appoint counsel, 10 proceed to Washington
to defend theorcupyng claimant laws of that state;
and remarked that the question involved an i'm
Inense amount OF property, and unless the leoisla-
tire took some step it would only be argued on one
side. He thought II incumbent on the legislature
TO protect the rights of her suffering citizens He
then proposed an enquiry into the propriety of
| appointing counsel on the part Of this state.
MIR. Everett did rot think it proper for the lePis-
lature to interfere in the litigation of private
individuals n the Supreme Court at Wash
ington The amount of property involved, no said
! was a sufficient guaranty that citizens would
attend TO their own interests-and that the qiles-
| ton would be argued on both sides.
/ Mr.. MaTShaITs resolution was agreed to-
I EagT0sSed bills PGsSe4-To incorporatc The
Richmond Manufacturing Conpany-Concernins
! Thomas *. Hampton--to almond the act authoris-
( ing sam OF money to be raised by lottery for
building toll bridge over Cheat river
The Administration prints are laying the utmost
/ stress upon the measure adopted Inv the late Con
venon of this city,in placing the names Of Ma.
4 olson and Monroe at the head OF their Electoral
] Iicket.--The Baltimore Marylanhcr'' exclairns
! that g the names OF MADISON and MON
! ROE, those con5cript fathers Of the republic
must carry moral force with them, which
cannot fail 10 proiucc conviction in the minds
OF all who have not pre- determined TO suffer their
reasons to be led captive byan unaccOuntabe & per-
nlciou4 devotion Mr.. Binns of the Phila,IeI-
phia Press, places, the first article under
I his Editorial Head, "PoSrsCRIPr. Half past
one o'clock, announcing the arrival Of the
Southern mail, bringing the important tidings of the
Proceedings Of the Administration Convention in
this Ciy-and the formation OF an Electoral Ticket
q" containing a list ofnames a more respectable and
influential ono than which never ssTaecd any ticket
! whatever. JAMES MADISON and J NArFs Moyp.,y
stand at NE HEAD OF And what then2 And
what yirtueis there in a name which j. used with
( out the owners consent What viii these EIi-
tors say when they Madison and Monroe