Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-04-25
ro ,rno, FOR THE ENQUIRER.

aggers,ed aud presume they are 50 in many others"
hPni i'h' a. w.
TO JUDGE JAMES S SET Ipf kE"QO1SER,
"ce,,aiu star. Shoe, mudly from their .phere,n
49,. ~. 40 our Tree isnd, the right as well as the du.y
OF every Tree ciizrn {, watch with a .cru,inizinp y A.,
conduct OF every public officer, whether Ieyi'isS ( u
ecuivr, or judicial; and when he goes beyond the line Of
his official duty, 10 tell him so plainly, csuIiJIv ami NIL
pendently. Atihs last term OF the Superior Cour, bsi5 IL
The county oil Mathews, you, as the Judge presiding in
his Court gave a charge to the Grand Jury, which ven.
lure 10 ai0rm.is unparalleled in the annals OF the yirsini.
Judiciary. Having entered the Court House willis, yo,r
charge was being delivered. TO my utter astonisbwe,,
you preached The subject of The Public Deposites and told
NE Jury, that The removal Of the Deposi,es from the Bank
OF the United States. was violation OF con,rac, be,ween
The Government and the Bank, and had consequently
brought distress and ruin on the country, sc.
Sir. what could have been your object in l,yo;,o int,
your charge a subject with which The jury had 10 more
concern, t,''nPIy as a Grand jury than they had wihil,e
Affairs OF the grand Sultan! Was il not done for tho mar.
pose o. affecting the election which was in a few d,ys 70
be held! The design was most plain and obvious. clear
n.he UNDERSTANDING oil the most ignorant, and l assure
you, met with very general censure and Condemnation.
when a Judge, clothed with all the dignity and conse.
qnence OF the Judicial ermine, iescends into the sIouyb of
party politics, he lessons the dignity of his hiyb offcce Al.
minishes that confidence which ought 10 he renose5 i'm ,i,
Judicial character, and divests the bench of that ex,l,ei
Importantly ana independence, ~ hich has always been the
pride and boast OF our Judiciary. This il a lime of L;oL
party excitement, when The whole country il arrsveJ in
par y ranks, each contending for opposite p,inci,l.. cal.
eula'eu 10 nave considerable influence on the future poll.
ucs anu administration OF our Government; and at sucb
time, just, 100, on the eve of an important election. Ior
a Judge invested with all the parsphernsIa of Ls Of
nee, 10 take a stand in favour Of oe party. and n A.
tempt TO Influence and direct the decisions of the Pc.
pie' by prohouncing his opinion on the subject, in the so.
iemni'y Of q charge to the Grand Jury, you must yourself
perceive, Is h'shly improper. and ought not 10 he tolerated.
Yielding to you the right of a political pariizan. and
granting that you could claim the privilege of snIioh,en.
ing me People by a display OF your tronscendanf oJiii.
fies' do you not see The unfairness and Injustice of your
opinion, formally and cole mnly pronounced in your cb,rge
% the Grand Jury! Is not audi oherom parton a stand.
ing maxim OF the law, and does 10, the same n,;nci,I. -,
rearing ooins IueS apply equally 10 poiiu,s, Hoyy ~
People, who, in matters Of a political character. are ,hs
J"'ges' decide unders'andingly, when only one side Of. the
question Is presented TO them, and that in a sippie dccI..
ration oil opinion, unaccoiDpaDiei by evidence or Jason,
Had you, IN your zeal for the side you have espoused in
linz, is in in ,he b r"n 'r nisr struggle, forgotten that you were sit.
Imagined that you were Iecturing a class on poriticai Ia,r
4 should have expected you would have laid m. .vb;rci
tairly and lucidly before your audience. have aivan '"'yrs'
position OF the uestion-embracing all the POSITIONS which
nave been occupied by each party, and drawn rea-
sonab'e deductions thereirom. But, sir. such wss M,
yonr course you told the jury the removal Of ,,e ne.
posi'es was a breach OF contract, without stating what
me contract was, and where the breach. Do you moi, sir,
perceive the unfairness OF such a course Covered by tic
pahop'y OF your office, any and every other individual nj
Tue community. entertaining a different opinion from vour.
se,i' w deoarred the privilege of refu'ng the derision
"nich you gave with SO much coinplacence and satist,c.
tion TO Your own views. Had il been a poIiricaI ,r.na
where ai nen were upon equal fooiog, and all enjoying
eqnai rights and privileges, then, sir, your opinion couIj
and would have been combatted and easily RENTED yo,
dd not explain 10 the Jury the nature of The Bank charter
anu az relations which existed between the Governmen,
'NN Nth 'bChp 'tc DAM Dau nal1 n
The U. States a bonus Of a million and 4 half. in coushIcr,.
lion OF the privilege granted the stockholders to become
a eorpoI'se o%ny, WIN The permission to carry on banking
operations. You did not tell them, that it was usual for
all Banks TO pay a bonus for similar privileges. You
dd not tell them, that Congress, in the charter, had ex-
piessly said, the Deposites shall he made in the II St..s
Bank, unless the Secretary of ihe Treasury shall al, ,,y
Time direct them 10 be made in some other ,iepos,orv
You did not tell them. il would be absurd and unius, in
congress TO receive a million aud a half dollars from The
Bank as a consideration for The Deposites, and in the char,e,
10 Estate expressly, and without reservation, that the Score.
tsry may order them out OF The vaults o: hi, Bank and place
then rbere ho may ibink proper. YDu did no, tell Tihsn
the Bank had violated its charter in MANY jusIance.. IN ,bs,
1t had entered Qike YOURSELF the political arena; thai il
h'd expended thousands of the peoples money in el-c.
tioneering movements; that it had endeavore1 10 re,srd
the liquidation OF the National Deb: thai il had .fT.c,naI
" exe'"uec The Directors appointed by the Government,
IRON participating IN the management OF is concerns: that
it had concentrated the whole direction and influence If
the institution in the hands Of one man: that il had ev,r
.Ieu vs. power 10 Cypress Tie community; tina, il had held
ny us gigantic influence, The rod Of terror over the State
Banks, aud prevented them from giving relief, and TIA, il,
had positively refused to participate wih the State Banks
IN relieving the pressure. Sir, you told the Jury none NJ
these things; you left them 10 he discovered from soms
other direction; hut you were careful enough 10 stale ,ba,
the Government had dealt injustice 10 the Bank. and. az =
necessary consequence, the Bank should be sustained.
IL must be apparent 10 you, that il this exanpl. v,u
nave sci, OF comu'Ingling subjects Of politics will, the i'm.
partial administration OF the laws be followed out, the Ju.
dietary WIZ 30 longer be that independent and excited Fri.
bnnai which u has heretofore been, and which tie fra.
msss OF our constitution designed it To be. The Influence
which the opinion Of a JUICE must necessarily exrrcise on
T"fE Nhf1& II IN NDIIGH III hID
Ing and Judging Tor themselves are hunted. wouId lender
MN a poweiiul ally in a political struggle, and every eff.
lori would be made. PER JaS out nefos, 10 bring bin owe,
Wa particular party. You must he conscious, ,ir, that all
men are idllible that even a Judge cannot dieest himself
OF W 'reJudice that II will creep upon him, although he
may himself be entirely unconscious Of its presence. To
"nSt extent party feelings and party prejudices would be
Calculated 10 operate in the decisions Of a Judge, 4 sill no,
undertake to determine.
Aho" me TO tell you, sir, that The People Of ibis county.
= 'r a ! heard an expression OF opinion, considered yo1r
chHTSe an unwarrdntable interference IN heir political
concerns, ami al insult 10 heir Understandings. They are
no' w"hng'io commit their political affairs 10 the decision
OF q lawyer or a judge, but cIoim that privilege Tor them.
saves You arc, no doubt. aware, = writer of eminent
ability, told a certain Lord Chief JUsiicr,. that "To iuv.su.
gaze = question Of law demands same !sbonr and at,ention
tbough very Itle genius or sagsciiy. As practical pro.
ies.ion, The study Of The law requires but 4 moderate nor.
,'oO OF abilities. The learning Of a pleadtr is usnally nm.
on . Icvel with hs integrity. The indiscfimiuate defiance
OF right and wrong contracts the understanding. " lille il
coIuPis The heart. Subtlety is soon mistaken Ter ,yisdou.
and immunity Tor virtue. II diefs be any instances upon
record, ~ sople there are undoubtedly, Of genius and mo.
rali'y united IN a lawyer, they are ii, tingnished by their
sng"Iarl'y, and operate az exceptions" lf you had re-.
neeted on ihts opinion OF a writer, whose fame is nnrival.
'oh, you would never have embodied = political subject in
your charge TO the Grand Jury OF Mathews. You would
never have undertaken this crusade against The Admins
trston, but would have strictly confined yourself TO the
Inc OF duty, which bad been prescribed 10 you by the laws
o. your country. A CITIZEN OF MATHEWS.
Aeeffn0 or ne Dxo.y...