below. In the opinion they give of the matter assigned as error, one at
least of the Judges argues the questions at large. He argues them
publicly, though in the Chamber of Parliament,--and in such a manner,
that every professor, practitioner, or student of the law, as well as
the parties to the suit, may learn the opinions of all the Judges of all
the courts upon those points in which the Judges in one court might be
mistaken.

Your Committee is of opinion that nothing better could be devised by
human wisdom than argued judgments publicly delivered for preserving
unbroken the great traditionary body of the law, and for marking,
whilst that great body remained unaltered, every variation in the
application and the construction of particular parts, for pointing out
the ground of each variation, and for enabling the learned of the bar
and all intelligent laymen to distinguish those changes made for the
advancement of a more solid, equitable, and substantial justice,
according to the variable nature of human affairs, a progressive
experience, and the improvement of moral philosophy, from those
hazardous changes in any of the ancient opinions and decisions which may
arise from ignorance, from levity, from false refinement, from a spirit
of innovation, or from other motives, of a nature not more justifiable.

Your Committee, finding this course of proceeding to be concordant with
the character and spirit of our judicial proceeding, continued from time
immemorial, supported by arguments of sound theory, and confirmed by
effects highly beneficial, could not see without uneasiness, in this
great trial for Indian offences, a marked innovation. Against their
reiterated requests, remonstrances, and protestations, the opinions of
the Judges were always taken secretly. Not only the constitutional
publicity for which we contend was refused to the request and entreaty