Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-04-12

upon hlcb 1, he's been so cfen ssd al Ia. Lawyers
govern The STATE Aud II that assertion DO true, land
very many org We of the cpioiop,) there IL no
hope OF making the necessary reform in system Of
Juri prujenee. But, Tor my own part, must be per-
mt,ed TO doubt lille. l know that almost every
Lawyer In the Legislature will oppose any violen,
change In our system-perhaps from the most bones,
convictions Tbey will array theirs elves in sliid
eoumn-They will pour forth copious torrents Of their
riches, e'oqienc They will invoke the shades OF
o1t departed sagss-Thsy W n appeal 10 the long lis
of gh'easd patriots who have sanctioned and APP
plauded the sl st~m-They will foretel confusion and
cheo' nay, even the overthrow OF our rights--our
liberties! Aud all his Will be no new thing under
the sun-for, " u wa' there ever a system OF Gov.
eminent o. Of laws aDrogaied, without similar efforts
T. on its interested friends!
But, IL our happy 10; to live in wcnde, flu ese Of
Invention and Improvement Within lew years, the
isvemeDts OF Intellect have been in the
greater th for several preceding centuries put 10.
gther The acts aud sc ences seem TO have made eli
nature subservisnt 10 the purposes Of man They
hare called new powers into observation-disclosures ami.
hlaied d.'alce ard by means OF machinery, have
relieved aLiml creation from ,hs Of lie won't
ed labor. The moral world seems also to be inspired
with tie same genius OF imi rovsm-nt The new IA.
clii'ies OF ispaIing Knowledge 10 the human mind
corie'pobd, Ia just ratio, with the enlagen ent Of
the Boundaries OF that extended and stli extending
knowledge. Mankind, in the old world so long be-
soed by ignorance and supsrslit on, seem to b., at
last waking up 20 proper sense OF their inheren,
rshs-and are bursting, with gieat s,repg h, he fs-
iefs which have bound them for ages, the car o!
Legitimacy and desposm The good wprk is spreading
lar and vide. The temporary pausss that may ike
place In Its progress, are but ntrvas Of refreshing in
vsoraon. The genius OF ,his proud age is abroad.
II anima,es- impels every thing and every holy
And, in the end, nothing will be able 10 Withstand its
improving, reforming march. Within the NJ nory
Of the living, what new aud bright aspects have bens
gwen TO all Na'ure, and especially to the hopes and
ASPIRATIONS OF Man, the modest oil all srea ed ihngs
Alta period like this aud under such eli cum. anc es
is possible that the complicated iorms tho eudes
icoos, the papabe absurdes and frauds Of the Com
mon Law can alone stand the ordeal which tests abo
shes alters reforms every thing else In vain may the
interested friends Of tha, mahe CODE rely upon
tie pretr citing Influence OF the Bar and of the Bench
That influence, great as is and sustained by 80 much
character and learning, must, in the end fail to up
hold il. Let the SUBJECT be but fully and clearly do.
veloped to the minds Of the people, and they will not
hesitate TO pronounce the fla; Of Reform.
have not the time the talents 10 enter into that
develop ment. But, Ii had, should Indignantly
sPurn the conlempuous tauns, ers, and denun-
ciaion OF the profession and other blind admirers OF
the system Ii Is thought, that nothing but s.nsi-
tive fear Of such harmless Missiles has pr vented en-
lightened Statesmen in the Blush Parliament from
striking one sweeping blow a. The W. hole system. Such
consid eraons may have, until now, operated in the
same way upon our Virginia Statesmen. Il is graft
lying to see, that Committee OF the Senate We had
the nerve TO commence the good work. As stated
before, it had been commenced by Messrs. Gordon
anu wilson, some years ago, in the House OF Dele.
gates, by proposing 10 blend the Common Law and
Chdneery Jurisdictions The Lawyers, at first boot
ed the proposition GU, OF the House. But they caused
their bill 10 be printed and circulated among the peo-
pie the question was discussed aud cousidered-and
the sovereign voice wed that the change shcud be
made II the efforts OF the friends OF Reform in the
Senate, fail at In Session, will tie taken TO
bring the whole subject fully the consd GRAFTON Of
the people; and ,her verdict will be more decisive
and unanimous than il was in relation 10 the mere
union OF The Jurisdictions.
Since writing the above, have understood that the
project OF the Committee OF the Senate alluded 10, has
been nega.ived in that body, by equal vote tie.
The bill under consideration, iaGs il is said
but two features advocated by The friends OF Teiorm
so that, should be adopted, the advocates of the
ceni stale OF things will have carried their point; and
that too under the shelter OF protection OF their hood
winked opponents. Rather than adopt such a plan as
this, would il not be better that nothing should be
done at he presen, session. If the twoJudge system
be adopted, will it not oppose almost bar
ers 10 that change, which the voice the Beop,e will
demand hereafter! Will il not be then said that il
you sponge the common law from our system-ii
you discard all mystery AMI technically from your
proceedings in Court, you will have supernumerary
number OF Judges. and under The Constitution, you
caDnot easily get rid OF them! VIII not ther influence
be also arrsyed against any change: Will not new
difficulties present them:eives in the erection IF any
new supersruciure, when the foundation is go deeply
and solidy laid in eroi
The pernacity with which men are disposed 10
cli to old things, and that too in defiance of all light
and knowledge, exemp l6ed am informed, in the
Senate in relation to an anne ndment, defining with
certainty cOntempfs OF Court. Under the common law
Judges possessed an unde fined and almost unlimited
power 10 opprds', 10 hne and imprsoD the people, for
any supposed infringement upon their dignity. 10
Ensisnu me JuuEos out ueputles-shad0Hs OF his
Maey and 10 insult or sneer a, OF them, is high
offence against OF Gods anointed Vlcegerents-
This strange doctrine, (uot absurd than nine
tenhs Of the common law,) h part Of the machinery
despotsm-and like formal, mystical, techucai les
was established 10 give pomp aud consequences TO fdiI
man, dressed up in the buckam Ct lit trei au he
rity-yet with all the other false pretences and n
guiariies o. the English common law, this doctrine of
c0ntenpts has been imported into country, and is
advoca;ed az admirably adapted 10 The genius OF our
Republic an Institutions! But il has been long repudi-
a,ed by free people. whose litit OF independence
and wa'chtul vigilance against The secret APP
proaehes OF tyranny, have deferred he Judges from
putting II into u operation among But instances
not wanting, 10 which il has been boldly sustained
by the Bench and the Bar. But Il aBk God these In.
stances have been The OF Judge Peck,
who exercised the power with a bish h,nd, opened
he eyes OF Congress; and without the least diff Guilty
hey rescindd this Beneh-eDseed law, and registered
in their CODE dcI pIic provision the subject.
In Virginia, the public sentiment has been always
opposed this undo fined aud uude foable law of con-
femPfs. The writer remembers more ihan one instance
which efforts have been made in The Legislature 10
enact 0 republican law the subject But they al
failed. The lawyers were an ire Sst be phalanx, no
so easily 10 be beaten No,wi hstaudiDg the recent
example OF Congress, the ndment lately tHred in
The Seoaie, ty Gen CabeIl copying nearly the Con.
gress law OF he subject, violently opposed;
aud even sDeeIsd st have doubt bui that some
stared widely-'snd rolled in strange Amusement the
garing whites Of heir eyes at This proposition
And when ;he proposition goes TO the House OF Dele
gates, tue asionisbment will be still greater But all
this Is TO be expected from men who are welded TO
the rest Of the kook OF Chinese puzzles, called
mon law. When great man-rsised in The forests OF
our young cOunuy-6rst undertook TO question the
justice, he equality, the honesty OF English Laws and
line,