Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1853-12-13
A JUDICIAL PRECEDENT.


,,ero affirm tina, the only substantial achievement
,oi,icsl philosophy in modern times, Is the aaoP"o "
,cine which separates and lodges In distinct auu ~
.s,dsnt departments the Executive, judicial ano
.. owet4 of government. Be this as may II was uu.
.,,,sdy the design of the authors OF the CONSTITUTION
W,,, that go essential principle OF civil ioet'y souo
,hs government of this State: and they sought 10
.,oc, asains, encroachmen by the usual cheeks anu
ou,notces devised for that end
r. would seem from following paragraph that 'uog
If this State, has assumed himself legislative as wen
a,a, fnnc,,ons and in contempt Of the constitution,
h,. actually annucd and aside solemn statute o' Tue
General Assembly:
uIa,o ppdson in charging the jury Of the Greenorer
Va SUPERIOR Court recently said that was OF no use Kill H
,nen IN indict any one for the offence OF passing s
as all were moro less guilty, hmseh ool eHcep1
n. ,h. 10 most ex,rao ordinary disclosure II is oao
,ch for Judee to descend level ~i1a tue euiP''
= ,hs dock by confession oil crimes OUT " u"'
,,,se TO instruct jury Of inquitition hs' s'u'u'e
Legislature is unworthy OF respect and sna 'heI
nat ake copnizauce OF aagrant inractons OIL law VI
h. land is an ou,rage public decency on tue consu
o, and on the dignity OF the Legislature such aS never
cured In California under the supremacy Of moo iu''
The las. Stuart on the English throne lost MS crown oy per
ue in the exercise of the dispensing power 'efeys
n 40 what Judge Hudson does, without authority from
b ova master The against the circulation OF
ANAL notes may more than child pisy " 'uos
u1on but II Is clothed with all the dignity and armed
h I ,he sanctions of the solemn enactment; ano
,c disooson 10 disregard the law but imposes on inc
Judiciary the duty define it with more precision anu "
force with more rleor ltis not for Judge HUDSON ~ "
hat law Ia of no moment is against puoc convenience
is not for him 10 dspens. with It's operation ana 10 oo
solve the community from the penalty OF mlsdsmeano
Iv he ,rue that he was himself liable 10 an Indictment
bu II was no, The less his duty 10 instruct lhe ufa"u
of Greenb,ier 10 arragu all offenders against the a~
sslf not excepted" BY his own confession III op'a
So , ,v of a mIsdemeanor in the capacity OF pfi'n'e
czen and guilty Of breach of trust and OF an ihacno
os the constitution In the capacity OF Judge AI'er 's
ofcs,on would have been instructive spectacle 10 set
,rdee Hudson psss sentence criminal The gravity
h,s manner the eolemni,y Of hs Tone and the Impressive
MORALITY of his DISCOURSE would contrast ndicrousy WIKI
hs own inward consciousness Of guilt and the conemPu
GUS sco,n of the culpri
Bn, this Is all very small NATTER some may exciam
and 80 tis have no regard TO principle ana 10 Tue "
denev Of the thing 1t lie matter OF much consequence
be desirable that the authority OF the Legislature sna'
he e,pec,ed and the supremacy of The laws be maintained
n INDIE Hudson may set aside the law, Judge Anybody
M NAV do the same; and if the grand jury OF Greenore
,,oo,e The statute agaiost small notes. the grand lu'
of Bep1co msy repudiatc the statute against ogamy
Governor Johnson directed the attention OF The Legsa
,r,e 10 The necency of the enactment against ne ccu
,ooo Of small notes-Judge Hudson would persuade u
,h, the evil consists no, 10 defective lesislaon but IN
n,,adminIsa,lon of the law. No risor OF enactment ""
me circulation small If the Judge conniVe
the offence and instruct the grand jury 10 spit upon IN