Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1830-10-15

foundation before And here permi, me to MID =
~ REMARKS IN reply tc what you signify were the
1929 PERSONAL structures of your correspondent,
" what may be the csnsures and preiudices dealt
Owl oy Others against upright court for as diem
was propounded : go % o'e'
nnsi .ne Judges of that conrt, as you have done
nem tne justice to say, and yourselves the bgb npl
honorable credit to proclaim IRE mot only ,Irousd
~ in'es'Sy and every other moral worth but. in
that single act, they have mmortalized themselves
~ VERY isn attribute that belongs to their exalted
ana distinguished stations With the deeisons Of
dofe courts that had passed upon these cases efre
theln,' according to your correspondent tbav Ind
nothing to draw upon but their own superior ,esonr
ces o. inleiect, TO give them new light to meet and
equal rays to penetrate the imposing glare Of v;gb
y precedents, and discern and point on, Ie;r snscE
q crror-to meet the popular prejudice against the
new course they were about to take--and above all
to encounter the awful official responsibv and per
sonal fate hey might have 20 meet!
Aye! Let II be remembered. that q now Constlli-
ton was then formed, which. if adopted as was al
most certain, swept them in body from their judicial
seats aud lett them dependen, for Reinstatement
on, perhaps, many of the very last Legislature
against whose boasted decision on these very claims
they were then running directly counter.
Ii ever men excelled in disintcrestedness of &C
TONS independence of motives, and unparalleled
1eariessneSs OF consequences, doing an uct of
strict aud rigid justice, filled with the highest and
most sublime patriotic considerations, it were these
Judges and the able one of Henrico Superior Court
before alluded to- who hen stood conspicuously pro-
mr,ent tor promotion. by similar assemblies on the
flrst high vacancy For such exalted virtues and
integrity OF character and conduct, they all deserve
the hlghesi appreciation. the utmost condolences the
lasting support, and the oudest applauscs of their
country and an who look up to q pure and upright
Judiciary for the preservation of their rights their
persons, and every species of Their properties!
In paying such JUS tribute. however, to the noble
Roman-ike virtues of those Judges who decided in
favor of such merItorious CLAIMS do not mean to
leave to be inferred. thai intend to cast the least
sing of censure or dsapprobatio either tactly or
by implication, upon one who decided against hose
claims Far be ii otherwise. That excellent Judge
well know, nctuated by the same pure and
spotles. motives hat he o,hers though perhaps
OF an exactly opposite yet not of less meritorous
character
Judge Brook, the honorable President ofthe Court
OF Appeals, who dlssentcd from his brethren was
himself officer of the Revolution, of much merit
though then youth and blu, of subaltern rank M
own feelings and full experience inform me, that
there newer was formed among men, such fraternal
affections, by mutual suferings mutual hazards and
the mutual necessity of cilnglng and Cooperating
gether for common saiety-but above ali, hey were
drawn still closer to one another by the CORDS OF
TYRANNY which they well knew they were fighting
Nth, around their necks.
Is 1t not possible then, that this excellent Judge
and afectionae old brother-sodier and sufferer to
guard hia feelings against Par'iaity, might have
stretched his better jadgnqcnt the ether side
of the case, rather farther than real necassty and
his O Kn pare and auiabls delicacy required? Prom
intimate personal knowledge and friendship have
the honor of Boosting, of With him, onounce there
does not exist more honorable and upright man;
moro pure, impartial, and independent Judge that
sits any Bench with more than ordinary talents
and requirements for his guide, than Judge Brook.
And lastly, thai may not be improperly under
stood as 10 governmental specualions and shavinus
and other Legislative proceedings on those unfortu.
nate claims; shall not hesitate say that there
were struggled into every former Assembly, some
nlggardly and unworthy members whose only mer-
its are, guard well the Treasury DOORS to sustain
their own gotten popularity, OF least against every
dram from it, except for their HESS servi-
ces These have pot the understandings TO discern
the memories to admonish Them, nor the souls to APP
precldte the Revolutionary fiom whence e.
ven their slim Legislative honors flow: while on the
other hand 1t gives me real qualification to know and
to state, that there always in the same Assem-
blies many enlightened and highminded men, who
bave memories To remind them minds to appreciate
and hear and souls 10 do justice their former ben
efactors and Revolutionary sufferers. These, how
ever, have been able TO do than, like the
officers and soldiers themselves, to "1cguesce' the
best compromises they could make for them, with
these minded political shavers and specula-
tors and no-Souied Legislative misers! And there
always some of third Glass; equally honorable
and intelligent with the last mentioned, who have
been opposed to those claims throughout, but upon
very different principles fon tie first.
The reduction Of the House of Delegates by The
new Constitution, it is hoped, will future leave
many of that first unworthy class at home, to take
care of their finances, and add many to the two
last and filter classes, capable at least of better mo-
tves, and establishing and maintaining for an ho-
nest and independent Judiciary, the surest guarantee
of oil our rights
In contradistinction to those former proceedings
the Virginia Legislature, Congress, cannot omit &c
remark, have failed, fearessy and independents
y (!ike the Judges alluded to not only to do strict
justice these subjects, but even more. They have
been sufficiently and gratefully mindful of those
who by their blood and suferDgs actually placed hem
there. They have dealt to them justice with liberal
and unsparlng hand. Immediately on the cose of he
revolution, they agreed TO give them FIVE years full
pay instead of half pay for life. they had promised
them. This they paid in certifcotes--al which VIr-
gipia failed to do under exactly the same promises.
These certificates deprecated almost to nothing from
the immediately accruing and long protracted inability
to redeem them.
In 1928, without resortug to the ptifu qubbling
plea of ''ncquescenCs in entire discharge Of these
Claims" they make up the deficiency by giving the
surviving claimants FULL.PAY from 1926 for life thus
defeating oil shavers and spectators that much.
a.tl chs