Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1850-11-22
For tie Enquirer.
nrE IIinICIApy 40 ny

rat.d by b,ici reference 10 the history of The Common
Law OF England il is known to every educated a al
Courts ol England held their Offices subject to the contro
and during The pleasure of the eigning king-whee th
interests Of the monarch his iv0ric did conic
with those OF the private czenfor where the Judge ha
no motive for being dishonest his decisions were just ant
. impartial enough But how many judicial murders wcr
committed and how many niquous deeds were done b
dependent and corrupt Chief Justices and Chanceors
when the King desired them The historian has scarcely beer
be To enierate The "boody assize nt Jeitriss aon
iled England with grief and terror and violated all mos
III lights of which England boasts
ri The people of England then. now, i'll possession
ri their boosted Magma Charta and Common Law securing
"a every citizen fair trial by his pee s-yet how few cou
,ain it, when the King desired their Destruction The stu
en who will examine the State lrias' from the time
Charles the First the time of George the Third will in
INT hundreds of innocent were snchced by vena an
dpcnden Judges CRAFTY crowned trrar.s in their lus
IL blood lie will find details Of iudi"al corruption ant
clcty revolving and disgrace.r 10 humanitya done un
dr. the hollow pretended forms oil law and justice ont
nat time and space permitted Us give the details of ever
single case ot the many that recorded in hr huge
y,iues of the English State Trials! In Gancing this
LOG and bloody period 0f judicial dependence cruelty
corruption, find not few instances of those who hac
brn The pnrest and best men in Westminster Hall, wher
pctisng the Courts when appointed Judges, Yielding L
tn temptations offered BY honors and rewards b"cnmns The
mot ahect and unscrupuonS tools Of the Stuart family.
mother circumstance in connection with the period wher
uccs dependent upon the sovereign power for he
rnre Of Office, will prove that The cruelty and the
tc Of judges exclusively from their condition Of de
pe,dence and from their ignorance ri The laws of En-
glad Many of the Judges whose conduct in trials or HID
r aon strikes the reader This late day, with horror
exhibited in The decision Of ordinary civil causes, be
private citizens great learning and eminent abilities
andperlec imparlialiiy
TIER reported opinions and decisions in the class Of
which have just referred This day The admira
or oil the profession, and display degree of familiarity
wit the incest principles Of the common law which woGlt
moi lave been discredabe Thu"w, Mansfield Eldon
Marshall Story. That type of vilLiny and barbiry.
JrGes when not under the control Of the appointing pGrf
Of Ingand, just md upright Judge.
Il Itmay be said that the influence Of judicial dependence
upon the sorreign poctr in This county will prove
Injurious 10 the character of the Judges rs in EGgand in
here with the people, and in England
>, appointment vested with the King Bit the yanncal
erbeang character of the sovereign power Of govern
nt is r everywhere. Whether happens bc vested
id the people, the Legislature the Executive il punise:
m4pari3sy The independence OF the man who dares 10
p+ himself in defence Of law md justice against is
bl prJudiccs and iIdomitable will Tie tyranny Of
le af majority is than h q single despo; and
IF Vat lwlessiess which The people Of Rabc have most
who have read nything in connection with the trial OIL
Il n Brr viii recclect The unaparng abuse heared upon
IS CHE Justice Marshall because in tie discharge of lis duty
n lrwued tho wishes OF The sovereign people Publ,
pJ1, generally formed without reflection cautious in
~ c&saiun Of the nlsriiS Of criminal prosecution dead
gst the giant offender Burr 5en of all ranks anxous
ca erd his conviction Of The crime OF his Of
70 e1ct simply amounted 10 nsdcneanor. The Numbers
hs oession will rseolIect that in The of "The United
at Stats Aaron Burr" 4th Crunch 470507, the celebrated
s. ecIson given which has decided the question in this
n ounfy THAT in indictment for treason special
evyng var must be laid and the particular place ir
g. yhc that act aa committed must also be laid and III,
Of ct laid in the ndctcr cannot trial be provec
vitho first proving the acta: or The legal presence of III,
~ ccusd-by two wlinesses-nor can any merely corobora
W dence be admitted convict the person accased viii
ISL Supposed easonabc acts charged in The Indictment
lsone Of ,r@ason has been proved by wit
70 nsses" This decision un4cee:ionably saved Bur-yo
in Jrris has questioned It's cGr.ectncss-and il
'a opy has this day been acquiesced IN By e,ey
ire hogh il ia2 been pronounced Of MarshaIs bies
M posiions Of constitutional law, By Story Webster Kent
lney and other eInnent men, j rendered Marshall for
ule of the most unpopular men iq the nIon In firm
djscarsng his duty and refusing 10 bend The laws c s
"A suit the wisce o. The people he incurred the tis
w pasGt, Of great political party whose heaped
of abusc upon bis head lH0Se o p6ss:: The poey
he this country hrsied ur The blood Of victim and ~or
=, ignant that the inrxibe nres Of one should have
" atclsd him from them. Failing accomplish the de-
e. suction of Burr had opportunity by Of
yeas and election by the people been afforded they would
have hesa!ed in wreakng their vengeance upon judge
whose greatness Az power every man In the Union and
cry Grist in the civilized Sric feels proud. In this
1rablr have illustration E ;l5 country, of the
le e wishing to do precisely what was done BY ss ;en
ri OF the Stuart family in England-makng Judges Sub
~ rvicnt NOT 10 justice, but 10 their oirn ,riShes
And in The 6 Marshall the Judicial tenure COOL BE-
" alone sareG the eApcuade of the Constitution of the
ied Stares' from the fury and bling rage of The people
Tic celebrated OF the Cherokecs in i:fr dispute
W. III the State Of Georgia. Is Peters l-so ami OF wa.
er rs the State 81. ieorgi" Is Peters, 5l5-59 furnish
instances Of The disposition af he people, when excited
psrsecate crcilesy those who, even ts rnccatior
~ tho aws. dars 20 oppose their WILL Oar readers 20;
s to ,;a ChrrokGes ard the Sta. 81 Georgia. Occurring
nc l. 1884, they iamar; and n1epenic.. of the
No. lted cases, full history Ct them may b. oanI in The
ne I'd volume Of "kcnnedy's Witt. Suffice il say Isa
The lapse Of 20 years, the impartial student rGD
Up Understand how il possible that intelligent pop:
Ion like that of Georgia. could have been by the
VI fixed iE:uence Of PASSION driven 10 commit many
! II dis Of oppression towards The poor Cherokees.
he very lawyers Who In The Supreme Court of the u
~ SEES acted in their behalf, wsrc denounced VIM Writ,
Ja Sergeant, and the Judges of the slrcme Court
ycd denounced and melully msrepresen;ei by the
e. pdr press Of Georgia. What this ask but In.
Of oppression and tyranny perpeated by the
IT. eipeolc mons,rous any dictated TO sevilc
=, Ju, by cruel monarchl What judge a; luch time,
" drn upon The people of Georgia for his occ and bis
bril- would have like Marshall braycd the ragc Of the peo
pin defence Of prosecuted Indian tribe AID the laws OF
~ hounlry7 We fear not The secirg afforded by
~ thsnure Of good behavior s in such times OF popular
exemen impeativey necessary TO the faithful admins
- iron OF justice.
nd:ocntes of radical change in the judicial tenure
of ice aware shat every page OF the history OF the ndcia
" ~ the advan'as2 Of the good behavior tenure
- andlha judicial dependence has almost In every In.
m stae led 10 the corruption Of The Judge ard ,he rossest
administration of justice and abuse OF power have been
ford TO point 10 tie examples of some of The young and
neerenced States wohy objects for the imitation Of
AZ AZ t!eoud old Commonwealth Of Virginia.
pc Iy-driyEg, ostcaing Ohio-rcpudiang iynchaw
!" Miasippi t-vOte- yourself yonr-nr. hbur s.arm
NeYork-and Michigan, hlyc suddenly become more wor
" thy our respect and rrnrran than The precedrnts Of
maiof the older STATES and tie recorded opinions Of the
:" wsa nd hest Of the caiiy days of The Repablic
80 Liknic ancient Egyptians tie radicals have erected a
ny srae of idols for the people Of Virginia worship.
A,litica Snmp-spcech making judge, named Siarkey,
i has come shining subject Of cuogy, and is the "rea!
Sunl Of those who fyor the election Of judges BY the pcn
VI pie Driven from every other position, they make stand
u, and triumphany-Lercs &harify and Foo.s Henry
~ Stuf Faq sia judge of great men, says that lie is
= gre Judge cir what kare you ID say now, sir" Why
u. in The lungs.ge of crnsible Mississippi
a. awy: "Ihe election Of judges in s:!f cert Of
% ote6usnes Sharkry Is Tie prize End you hear rery ~
lie aa The numerous Judicial blanks iric hare drann
Arif this referring great arguments in favor
y L.r
~ ashai i could no, point fifty living Judges aye
hunN in t,a country and in England, who regarded
by tProession vas'" superior to Shlrky and who
held ice under the tenure good behavior besides such
DC yirsa Judges Marshall pendletol Wythe, Roane
n Tuck ard Washington dead by whose side AIS fd-
dpgpeech- making Shakey would unpensanty ridi
culofgure. But all sensible zen must know that ere
refce great proreS nothing way The other,
u and ,rly intended have weight with the unt.n.ing
= Is Jucc imparay administered in Mississippi than
~ in Vnial Is property secure the lives and
1 lbrrI the citizens better proicrtcd bln in Virginia!
" And dhe people OF Mississippi -espect f las Hl
y tiuno tdebi than Ownl What lie
~ friendf the proposed change make these ques.onsl
No, sh. expect they could wish. II they hesitate 10
~ these, will put iw Do the reported de-
" csonand opinions o: the Judges in Mississippi Ohio md
8chn stand higher with nc profession an those Of IT,
ct jGdg.syhu hold their office hy the ri good behavior!
" ID. tn sagj hight Arc they often referred -
IN those oSirgnia South Curulna North Carolina aassa
cuse,and Pennsy lsana, Those Of the Supreme Court
~ Of the nted Siatesl No LAWYER Judge will