Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1802-09-22

be the doerias laid down by Lord Mansfield o.,
that which has irnmortalized Mr.. Fox And
whether the jurNsaeio this ,ustrs.ed over the
press, IN defiance Of IN express snenSatorycia,ee
winch must be construed to annul everl- I5rcv;o,s
P'o'is'on' IL any such there he which comes within
IT'S purView, be an exaIrple addrced TO illustrate
the pos'tion which certainly never shall contest.
that what the eonsttaton does not permit 20 be
uoie oy direct means, Cannot, constitut;oaIly be
'naireeuy eheHed' But 70 reconcile - 90 tb;s
usurpasion, we are informed, that .he princiDIcs
OF the common law are favorable only 20 liberty
tnat they neither have been, nor can be enlisted IN
the Cause Of prosecutions. Ii did not niisunder-
stand the gentleman, he said, thatpo prosecutions
had occurred under thar law. He has therefore
never heard OF the case of Luther Baldwin. 1
sPeak or the New Jersey case. Nor that of VII
lanis Other instances learn from high shfl!o
rity have taken place in Vermont.
MIR. Randolph spoIogized 70, dctainine she
corinittec SO lor on topics irreeyantto the cues
ZION He said ne would otter lone reasons IN 81 :
YOUR OF the eZrediency and constitationality of
the Dill before them. He had not heard any ar
Suinents on this occasion more satisfactory 20
him rnan those urged at the time when q. Law.
was passed in favour of the expediency Of the
measure. He had waited in the expectation, thar
gentlemen would eudeavor to prove that the for
ner JUICES, under different arrangement, w5ul5
courts. belief that every real ob;eaio, 70 the
torner system might have been obvia,ei bv some
nodihcatiou OF this kind, had induced him 10 dis
senr to the passage of the law in the arst insance
that dissent was recorded or the Journals Of the
House and so many members of the committee
stood III the same predicareut, that If sense Of
duty to himself and the house were Insufficient to
deter, that fa9 alone, OF which the gentleman was
himself witness. ought TO have repressed the as
PERSONS which ne had cast upon great portion
OF the committee, whom he represented as the
mere puppets of executive influence a6ting upon
no convictions Of their own, bns played OF by an
Invisible, although not al rnlsnown hand. Yes,
SIR, Objections toths system are treated as if al
together unheard Of until OF lae, although = very
formidable minority hayI uniformly been found
opposed to il. Nevertheless, this is altogether
tie work of the executive, who, by the slightest
expression OF disapprobaton, could yet arrest the
measure and save the, constitution. Mr.. Randolph
said, that he was unhackneyed in the ways Of
nlajorties his experience had been very limited
but was he 20 conclude from these observations that
II was the ccsi1ioH tau, the uniform usage heleto
fore OF tAis government for tins house 10 be the
mere Instrument Tor eHeeing the executive win, a
chamber tor eoTegistering presidential edGs Ii
is SAID that the document on this subject Syas one
which the executive had night to layibefore the
house. Wfen did rlle right Of the President, 20
or the IudlclaTy
cease! Such recommendations had heretofore
formed a prominent feature in two successive ex-
ecutive communications, made at che commence
ment or two Successive -essionz of congress. Did
the right OF the executive 10 recommend, and OF
congress- 10 act, cease AZ the prec Sc period when
tie faultless modelo Of the last session Was per-
tected MIR Randolph said, that the gentlelrsfi
from DelawalY had taken snch range and thrown
out such vast deal of matter, thar, in attempt
IrfC 70 IL. o,,Ck -.
necessarily led into many dcsultory remarks. The
present system vas necessary, it seems from the
inevitable corporal nlhruity of the Judges the
unavoidable efe6t of the tedious probation, indis
pensablc to that venerable station.
Lea Us compare the former pra@}ce with the
present theory. The Judge of one OF the two dis
tritts into which Virginia had been divided. was
contemporary with him at school he is certainly
neither an igtfrm,uor bodyy sage. His associate,
from Maryland, bad been an aStive and gallant
pariksn az Ehe siege Of Pensacola, during our re-
evolutionary war; rot contending, however, under
those banners where you would have expected 20
find man who occupied so digri6e,s. station IN
der the government Of the United States, but
fighting The battles Of his kings brsvely, ret, aias
unSuccessiuliy contending' against that spirit of
Decentralization and jacObinisn, which threatens
20 sweep from the earth every thing valurble 10
man, against which the gentleman from Deia.
ware IS also eager to edtCf .tac lisrs. The selec-
tons which have been made from either house OF
congress-, seem to have had as little reference 70
those qualities OF age and experience wAich arr.
said TO be indispensable TO the judicial character
Upon subject Connected with thcse appointments
we have been told that the executive had 4 tigit
70 presume vacanay in all cases where a Judge
OF an inferior tribunal lad been appointed 20 a
seat on the bench Of superior court; and that
tte aev otnee vests, ne, II the tune when tue
judge y notified o. his promotion, nor az the date
OF his asCcP,snee, but from the date of his com.
mission. Nix Raadol2il said that he eettamly
did not gac8a to cuDteud with thagentlenian from
Delaware On points OF lag, yet ne would mt q
question 70 that gentleman. IL VIII readily be con
coded, thar tie Yacatiag CT the former Office is al.
condition of the acceptance of the later Sun
pose Judge after the da of Hisneg Commission
but prior TO his hotiicaIon or accc planoe tAere5
perform a judicial act Was thar ata, therefore
invalid Could his successor on the recent of mi
commission exercise The functions Of iud;rc t,rio
TO the resignation Of the former incumbent -
( Cocld any ONCE be At the same time in the pos
session Of two persons Did nor this dosiin,
! imply right Oh The part of governments to anti
cpate the rcsigndi on Of any Judge, to compel III,
assens to an aG vecating lis Office The me-
connihon under these circumstances either did
or did not, give ciairu TO its possess,r o., the OF
fee II il did not, the cxecGivehsd the right n
withheld l. II j, did q judge may lie expellcl
from Office without bis c9nsent and provided, A
any time @fterwards he shall ac4ucsce, the ex
+ puision is legal Besides. by what authority doe.
a member OF tnis house hold rs seat under az
election pfeyious 20 he appointment Of disti6