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

winchester thronrl Duck Creek Gap to rlsrks-
burg Lad On the taDlu On motion OF Ar Sic
Nh frtrr.
| Dir Craig moved 10 execute the order Of the
day, for considering in Committee OF gIie Whole,
TIN bill concerning the gisl by Jury.
Nj. Way mg,ed 20 discharge the Committee
rum the urfhes Consideration Of the bill. H.
dld at consider hat there was any necessity
for lse,siauae on that subject. After referring
% tn 'ircisisa that had gwen rise To the bill
lie stld, thar lie had no deuJl bit THAI the more
deliberate apiaioH OF the Genera! Coui would
hf In conio' my with the provision OF intention
/ Of the OIL.
/ Nj. CHig opposed the motion. he insisted
On tie ptopfety Of legislation. Tue Court
might o. mGhi not reverse the decision they
had made aud IN the present state OF things be
thought II incumbent On the Legislature 10 IA
! tefposc on question 30 important 70 the peuple
as the irial by jury.
TIE COMMITTEE were discharged, and Mr.
Nav then moved The indefinite postponemenl OF
the bill lie SAID that the Gene al ourt, wiiit
but bare quorum, hld decided that counsel
should nOt he pefmiitcdtoargu a quf stionN hcn
the only obj CT nasl 20 make speech. The
Court finding then decision was lauie 10 lntslu-
depreciation, determined to reconsider II al the
next term. H. could not SEE the piOpueiy Of
thu Fastening 20 express the legislative vii
when there vas not the remotcst plobabrit,
that The Judiciary would 81 lama principle that
was object enable.
Nj Thompson. Of Amherst, considered, as
Nj Cralg did, bat this was 4 most Important
question. Whenever the Legislature len lndIf
fereni on the nbjertof the umi py jay, ~ en-
would the decay Of our liberty commence. He
commended that there could he no danger IN pass
ing decirI aory law-and that II was mposs-
b. 10 say what evils mtgbt arse between this
aud the ucxt session, OF Assembly. The Courts
had too often intcrposcd aud stopped counsel
aud SAID th the case was Too plain TO admit OF a.
garment. The exercise OF thIs right, on the part
OF the court, might lead 10 the desuu0tloa ol the
hbeffy OF the citizen, because his case may thus
he prevented from being fully heard He nsis-
ted thai without the passage Of such a bull, the
trial by Jury would be merely an cmpy form
He said thai Nh May seemed to admit that the
decision OF the Grucial Court was erroneous
But, from the report Mr.. / mad seen he under
stood that the determination 10 reconsider the
defislon, was IN consequence ofthc urgent re.
quest "ia disilng ui,hrd member of the bar, who
pressed the Importance offhe decision and vas
anxious that a Iuorc mature consideration
saoaid bcgyen TO II. Onu OF respect 10 This
gentleman, perhaps, the cout agreed TO revise
then opinion.
Nj. /, commented on the importance of the
hial by jury the necessity OF preserving It IN
Ms utmost pnHy, as a man feature IA our de
mocraic form of government. Bun. he ,anteu-
dcd that fine newer contendel for hv the init
cary, was destructive of tins great right. lie
comPliurnted the Jnd cary OF Virginia as inie-
nor IN purity and lnicgtliy 10 the Judiciary at
40 Other county. But the unlimited di.cre-
ton claimed. vas liable to ahnsr A,r ON. of
the greatest SAFEGUARDS TO their pur,tv vas ,h.
publicity oi then proceedings. aud the freedom
ot discussion on all questions before them
Where discussion is nrestrMned, the people
VIII understand the co iectness Of the decisions
Lat may be proHouhC d. his could not BE- the
case, where discussion At the bar was siicnccd
BY epnlons lrau the Bench. Mr. I weni. Win
SOME mnuteness INFO the proceedings Of our
courts the nights "i parties IN court and IT
ther counsel, and into the tendency ai the
principle contendod iur bs the judiciary.
NJ Aimdnd supported the motOn 10 post
p ne. Ne NUN was a gIcattr dum.rer nf She
ai by Jay Inn himself; but he insisted that II
WIS not IA ddnsef lie uud rs I'D thai IN,
general tOult had dec Died that Judee on a
irtdl 4Ot nisdemcanOr, bad "A right 10 stop an
guuIrnt addressed 10 tine I4r, il olposil,an to
tn instr 1Crion oil the Coult ntGr ,uuasrI had
panunmed his duty in the edsr nut Of winch thi,
b. al grown. hc would aave eNc,u.cG Ia the
OF / a oftae Cout The ar-uncat OF Nh
lhompSIu, he sud, went to establish the post
ton. that Courts are no on5ef to be Courts AID
thai CURES are 10 be COuus and lurics 5eth The
tend rCy OF sach doC'rint he coniendeas. WIS
sub'er i've Of thepracuce the country thatha
been SO Ions oh = .cd ; AID under Which We had
enjoyed So ulech security II all our lights. tic
was plain laa'fer tact mai, aud looked ~ tie
beneficial opei aion oltu.ngs, rather thaa 10 he.
ores, however plausible
Mr. Gordo,,. I'D that. ,b. s,,,o,,,,,. ,c ,,,.
case that had occurred IN his county hid been
alladed to when leave vas given to bring IN tn
bill. The case Wis that ona pl,scntment 10
unlawful inning, the Cout gave an opinion, ID
eams' which the counsel N gucd before the iur,
Fonr Iurlcs had decided ae INST the opinion Of
potent thus to argue against that opinion. had a.
flsen. Nj. q went INTO IA more detailed state.
ngnt of tue raSe IA which ne took occagIop IA
,tn,,,p,i ~ ,,,t,..,,,,. ~ ~, It and ,J, i,l,