Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-02-09

more especially as the Legislature had made a.
men'is, 80 lar as the improvement OF the bar and
bench were concerned ior the loss of the old Sys-
tenn, by the establishment of Chancery Districts
These two Courts he y ishcd TO remain unaltered
in their main features. The reasons OF conve-
nencc 10 the people, that operated in favor Of the
adoption Of the Circuit Court System did not apply
IN any respect 20 Chanccry Courts; there " As no
necessity IN them for the attendance Of witnesses
Or Suiiors, and there were no Jurors or Grand Ju-
roIS IN attendance. The suit. when nlatuled for
the Courts, required only the attention Of the
Counsel.
Mr. I. begged gentlemen 10 consider. the dete-
roraiins influence the proposed change would ex-
ert, over the bar and the bench and il was
question IN which the people were deeply inter
eSted. An enlightened bar, with talented and
independent Judiciary, were the surcst safeguards
OF the public liberty. II was in his opinion OF vital
Importance 20 encourage the growth of Judicial
htnesS and excellence. The Inevitable conse-
quence Of the new System would be, to degrade
and PROSTATE both.
If the Judges should not separate, but sit tore
ther, even the new Courts would afford no thea
tire Tor talents, and occasion 10 caiL forth that ri
Vaiiy ana holy emulation hat could alone conduct
TO eminence. IT, however, they should separate
inasinuch as lawyers, no more than other Ioen,
Wefr Possessed OF ubiquity, TIE effect would be- to
coniine them TO the practice Of a single county
1 his circumstance would beget the necessity of
douOie, triple, quadruple quintupe supply of
the profession, and to that part of the House who
regarded the lawyers as evils, this would be re-
garded as no tritiing objection. But the main an
prehenson Of Mr.. T. was, that it would ex,inguith
the lustre OF the bench and bar and Of he might
De allowed the cSpression) produce an intellectual
| Agrarian among the members of both. Mr.. L.
SAID moreover, that he had ever been opposed to
1hiunerant Judiciary, except in those cases, where
the paramount consideration of public convenience
absolutely required i. Such he considered the
case OF the Superior Courts. before referred 20 !;
put mat consideration he did not believe could be
brought to bear upon the bill in your hand
MIR. t. said the Judicial department of the pov-
eminent was OF all others the most interesting to
tne people. In IFS operations, ii came home TO the
business and bosoms of men-In its sphere it en-
conpaSsed all the dearest and most int resting CON
Germs oil social life. It's power and influence are
feit by all ranks and conditions of men With 4
gooi Judiciary, no people can be oppressed; with
bad one, none can be blessed Can we ever lose
sight Of that grand feature in the Judicial charac-
ter, (tS Independence J that can alone create and
preserve an upright Judiciary; The independence
OF the Judiciary, as being the basis of its purity
Is no exploded theory. He had before attempted
10 prove Its necessity and Importance by ex
diiPieS dTaWn from the more remote history of
EnSIand-(and he hoped he should be pardoned
ior again adverpg to the subject and ain press
ing At upon the House)-Her modern history is
tuil oil instruction on this subject The effects of
dependent judiciary she has recently seen, felt
ana acknowlebged-l allude TO the House of Lords
SulnS IN Judicial character, ana / allud,- 10 the
trai OF the impeachment of Lord Melville and the
queens trial, before that tribunal ca both of
these occasions, that part of the BODY, who were
dependent upon the influence of the Crown for
their reelection, q mean the sixteen Scotch
feefS,) manifested their subserviency to power
by voting, TO a man, with the wishes of the Crown
whilst the English and the Irish Peers voted A.
gainst the Crown, disregarding all considerations
o9l tne honest convictions OF their own Judgment
MI L. considered this as an instructive cominenta-
~ ON the evils OF dependent Judiciary. On the
other hand, what glorious examples, resulting
rom Judicial Independence, has our own country
Afforded! Our whole history furnishes one ercat
and one continued example
Mr.. 4. said, that without Intending o he ;n,iS,,s
lie would single two instances 10 present IN tbs
attention of the House. The first was the trial of
the British soldiers in Boston, on the eve of the
HeVoiulon-ln that case the charge was wilfu
murder. The facts were, that a detachment of
SoiaieFs stationed at that place, being assailed by
an angry mob, (it revolutionary t;nes) bv il,e
Order OF their commanding officer, fired upon and
killed several OF the assaants The accused ,cere
IilIdighel' aiHidst cries for vcHgeance-the crowd
shouted "cIuciiy them The personal safety Of the
court and Counsel, was considered as stakcd. even
on the event Of their conde Tho co,,,.,,,-
nifty was IN arms. Rebellion as il was called had
reared ITS crest Personal and political resentment
consPfcd to RAISE torrent OF ind gnatcn. ThatJu-
dclai independence alone could stem-it did stern II
The stream Of justice pursued the even tenor of its
way, unruiiied by political expediency or popular
fury. The accused were acquitted; and that ac-
quittal Is now celebrated by Historians of fhis and
other countries, as an immortal triumph of moral
courage and justice, in the Judge, over passion and
popular prejudice, an mperishable monument of
the benefits resulting from judicial Independence
MT. j. SAID, the other 10 which he alluded
was the trial of Aaron Burr He did not refer 10
II lor the purpose of expressing any opinion ui,on
Ile merits OF the accusation, the moral Guilt of
the accused. lie was now fallen, and Mr. T. tool,
no dclight III adding 10 that cup Of misery already
fui 10 overiiovgingnor did Mr. refer 10 if for the
purpose OF animadveFting upon the parties OF thar
day His purpose simply was TO cali the attention
oil the House toit, as was, in his judgment case
winch exhibited IN high relief the incstflIabe adj
vantage OF me independent tenure of the judiciary
MI admitted, that at the time, tho Young he
partook OF the general Indignation towards the ac-
cu5ed lis conviction was loudly demanded by the
popular feeling; but now that the aspertv of party
mad subided, and wo are capable Of viewing The
subject thro' the calm lights Of moral philosophy
we all rejoice at the acquitta Of the accused be-
cause, approving as now do of the LEGAL opin
ions OF the judge, conviction would have fv
Ell stigma on the administration and tarDish
ed the ermine of justice-Whilst acOuiftaI has
honored and exalted the humanity and the wis
dom OF the law. When we reflect upon tbe
state Of feeling then existing, may we not without
disparaging the moral or intellectual attributes nj
the great and good man who presided over thaf tri-
al, pronounce that lac was somewhat though no,
altogether, indebted to the independent tenure oc
ONCE Tor the power courage and capacity 10 resist
the tide Of popular feeling, and 70 achieve SO plo
rlous q triumph over dcep-rooted prejudice, under
circumstances 50 well calculated 10 bins and M,
lead the Judgment
Mr.. ]. then comment ed OF the details Of fIis
bill which he said were defecGve-referIinr to the
sections containing those defects. He said Jnoreo
YER That the additional expense that would be in
Cured by the passage Of the bill was worthy Of
notice, especially in these trying and di7icuIt
uI a. @tfrrrgfr ura.f.a