Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-04-22
VIRGINIA LEGISLATURE.
Gregory's Speech ia The Il. Of Delegates on
the Circuit Court Bill.
[coNcLUoED.i


The Circuit Court Bill.
[coNcLUoED.i
Sir, said Mr.. c. the opponents of this measure
have uttered many things, as il were IN the true
sublime of constitutional devotion; and they have
also arragned many of its friends by general re
farcnce TO them the advocates, OF strict consti-
ttlonal interpretation reference TO the Federal
government. When they speak to the constitu =
tonal question, they advise that touch not that
which may he lawful, for fear Of approaching too
near to something which Is clearly forbidden and
they seek TO enforce this caution as the great moral
fneuIcated on great OCCASION with reference the
exercise OF federal power. This, sir is not the
spirit oil the maxim alluded to: Ii is when the right
Is contested By prcponderatng weight ofpopular
ppinion, that the power should be deemed as of
doubtful authority and was under such an aspect
OF political circumstances, that the great moral ad-
voTted TO was installed the decision of virtuous
and venerable statesman. The rule does not APP
Piy here, either in the latitude Of its principles or
the force OF circumstances. What is said to be
forbidden as being the rights of the Judges their
perfect'independence is not involved: and it has
not been pretended that the people have in any de-
gree contested the constitutional power OF their re-
representatives. to enact the law in question; the con-
aict is alone with the astute minds who in this
House oppose the bill; and ii is for them to inpugn
the right of the Legislature, by showing that the
power is expressly forbidden. They have, how
ever, sought for the limitation rather in the posi-
ton that the Legislature of Virginia was not ON
nipptent, like the British Parliament than in any
specific restraint to be found in the Constitution OF
Bill of Rights-Ihey have denied that which ne
yer has been asserted, and the assertion of which
is not analogous TO the views and opinions of the
friends of this bill: whilst they would not mpcach
the good sense and devotion of our great ancestors
so far 20 imagine them as intending TO form the
.r6Wers OF this Legislature after the vicious moIel
Of the English legislative body, yet they refer I'M
der unlimited conceptions of servile imitation
To the judicial organization of that country as the
,fhdoubted object OF their veneration. lie said,
there was nothing to justifythe idea that the fan
crs OF the constitution designed close reference
10 English civil institutions At the period of the
revolution, enlightened men had lost all hope that
England would ever reform her system of govern
ment: What our ancestors were in pursuit of as
the great desideralum OF society, England had al
ready tried, condemned aud deposed She could
u6t then, and she canuot now, and doubt her e.
yer being able 10 enjoy that which we then sought
and now have He said, his allusion was to the
freedom OF democracy, without its anaTchY-and
vet he was willing to go with gentlemen in many
of their impasSioncd views of tlat country not Of
itS Institutions, fostered by power and consecrated
by education, although in violation of natural
fihhts but in admiration Of ihe native energy of
character which exalted her people in the midst of
Organized oppression and injustice, to the moral
elevation OF aspiring treedom and the enlightened
culture OF arts and sciences-but she could ONLY
aspire TO freedom its real enjoyment did not belong
10 her condition. 1t was 10 be observed that most
of the references to chat country and particularly
by the respectable gentleman from Amherst, (Mr
Thompson had been made under the force of
trse moral illusions of feeling which arise out OF
the idea of England viewed as a mother country;
but that gentleman had not vcatured 10 speak in
eulogy of the present circumstances Of that coun
Try: ia this he was, usual very iudicous; for il
vas notorious fact, that the whole Chancery Sys-
TEN of that devoted country had been pronounced
IN the floor Of Parliament curse, and tie Lord
Chancellor nuisance Ii was impossible to deny
Is England of the great characteristics of IL
b9Ty, and at one period Of her history, the spirit of
- A. l.. Il
OF resistance TO oppression Yes, sir, there was a
period of her splendid history when philosophers
and statesmen arose, and assembled TO the great
s5urces of human rights: and here will the adini-
ration Of her American posterity delight to pause
aud dwell: Her island was then a fair spot, and
thone with brightness amidst the prclernatural
night Of other countries, serving but to mark,
whilst it broke the inerminabe expanse Of poll
teal darkness.
TWAS worthy Of remark, said Mr.. c., Cat most
81 the arguments against the expedency of uniting
tie two Jurisdictions Of law and equity i'm the same
Judge, had beer drawn from England--from the
syFem in that country, the notion Of incongruity
IND been adopted and urged upon the attention of
the House. And IL had been said in the course Of
Che debate, that their union had never occurred
except in the rude state Of Jurisprudence; but The
history of this subject does not warrant this idea
IN England the forum Of Equity took its rise in
circumstances, which distinguish the absence o
perfection ia the science of administrative justice
these circumstances are 70 be found in the ~
Tnerous cases Of rights and contracts, Ore violation
OF which were femediless By the judicial cogni
zahce Of the Cour,s Of law: to provide remedy
for these cases, the forum Of Equity came into use
il was 10 its origin arbitrary tribunal dispensing
az law, the variable and often oppressive Opinion
Of fre Chancellor. There is but little probability
that the genius Of society present constituted
would tolerate the progress Of an authority so ar
bitrary. And II is equally certain, upon the rea
s6n Of the subject, that il the ordinary courts ha
not barred the access TO the temple Of Justice IL
SO numerous class Of cases, by the forms 0
pleading and Of evidence, and the various law dif
ffcultes which tire profession originated, ~ th'
Spirit Of mystery, and under the auspices Of ignO
sdnce as 70 the true legal science, that The very OK
is'7@Tscf ~ Fcg':y h-urn NJ a ssrars'n 'rituns'