The Virginian. [volume] (Lynchburg [Va.]) 1822-1829, 1828-01-24

mad been always held dear as one OF the sale
guards ol iu,efly Counsel aad Conscience
tiIes bad taken an oath 20 do .lteii duty 10 tb'r
clients, aud he INSISTED hat il wis improper 10
peGma the judges 10 regulate the performance
ofthelr duty, BY saying when ihey shon arg
a quesiiDn, aud nhen not. Tie kne" ihai rftls-
diees existed TO certain cxtrnl against the OH
? aud should mol be oppsessh.ly or anhece'-
sarliy trammeIied
III CraIg aid hat the merits Of the question
had been yicldedt 10 Mr. May and lie only en-
qufy then was into the eApedi' ncy Of legisia-
tine On it, lie granted ihal the Judiciary wee
pure bat they ny not always be 50. Who
could say thai we should never have Jriiies
un the beucb lie commented ON the dangers
tat might arse nj OF the principle which the
btl Was Intended 10 reverse. LURES had enjoy
ed the rgni from fme inmemorai OF Judging
oil the law add 81 the fact, even ~ hngianh'
With no" mnch more ptopriety should TINS tlgi"
be insisted on N a country iikeourS The court,
he granted, had the right 10 Judge OF abstract
points OF law aud, especially, on demurrer
But the law aud Tho fac as compounded ~ any
Gaze were 20 be judged ofby the jury. Inc dit
VetsIty OF decisions w Junes, Ia consequence OF
tins principle wdsa nec ssary "Vil-bu' II vas
mol comparable with the advantages that result
mo,t a,istocratical feeture in our system; aud
the trial b Jury the most democratic. II WINS
the nature Of man To grasp Al power every
department had natural tendency 10 Increase
its power The feeling OF a Judge would natu-
rally lead him, and. often unconscIously, INTO
constructions thai would INCREASE his power 10
an extent that his own integrity "oui not PEI
NIL hun to believe dangerous, bat which IN AT
other, he might think 50. Tins was human "a
uIre again THE trailues of which twas tie bu-
sness 81 legislation TO guard.
NJ May had been a practitioner OF Ia" for
twenty years and had never seen an instance ~
winch the rights ofthr people were lnlrmged by
the conr's. On the contrary. he had always
seen them protected. He was 4 PLAN practical
man, like the gentleman from Norfolk, aud was
prepared to let WeH alone He reCollected 10
nave seen tins epaph somewhere :" was
well wished 10 be better; sent for the dectoa
and here lie And so he sud il would be
with the a" Gent commonwealth. He consent
ed II mostuf the principles advanced by VI
Craig but h. could see no necessity for agIs
latlnR on tire subject
NJ Rves 81 Campbrll said that while on
gentleman mlshl repeat an ephaph, another
might be united 70 manufacture one" WIS
sick heard that some medicine, were poison
Gus, ref sed 10 take any, ana here lie moul-
dcine IN dust
MIR EppS said Tint the argument of the eppo-
nents OF the bill went TO show fhat the Cou5
OUGHT 10 have the rigl 10 stop council an IN
Si.uci the Jury according 10 their own view oi
the subject. lhs power he thought was de
strnctlve Of the trial by jury. But it mad been
remarked that II would be time Ia lcgi>arr Wien
the power was claimed by the Courts. Ihat a
case involving this power had been adjourned To
the General Court, was proofthat the poAer had
been claimed, aud th there vas a necessity for
legislatng on the subject The only question
now was, should tins power be permued to be
exercised by the Courts tie argued that il
should not; AMI that it wsre, the liberty OF
the citizen would depend too much upon the az.
hitlars wa and pleasure Of single judge ra-
Tier taan upon the good sense, justice aud m
partially Of Il jurV
The s'ptiou 10 postpone failed ayes uops 1874
tie ayes aud noes being called for by Mr.
Craig.
Mr. Craig then offered an amendment. civ.
ing Il party the right to be heard 10y council.
rs 10 matters Of law aud fact, both in civil aud
criminal cases.
Mr.. Gordon suggested the propiicty of recom-
mtlng the bill aud alter a few remarks from
! hir Ntchcr II was recounled
/ Mr.. Marshall rose and I'D ne shed 10 brino
TO the consideration Of the House subject Of
great interest To The people Of Virginia. He re-
e red resolution lnraiy moved in lie -
t1ej,y legislature. 10 appoint counsel. to proceed
/ 90 Washington To drtc.d the occupy ING clam.
ant IrYN Of that STATE; aud remarked that T..
! "a Stlon involved an immense amrunt E pIo-
! pefsy, ard n6ie s the ,cj,la'ure to, sume .tcp
/ II Wou'd uuiy be argued on on side = hot
! il incumbent on the legislature 10 nrYtsct .hr
| rights al hcr suffering citizens. II th.n propo-
sed al enquiry into the psop'iety Of appomtlus