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

''iit me 'V'e\PTcSS NY taiIsta-bOD, that
gentlemen have agrees 60 construe she coigsti;u-
ton by the rules Of cogfraoa sense This mode
ls better adaglci T. saa capacity % urproiessonal
men, and ivi uso,nes Size en,ieir..,s from 1Je,a-
ware, from afYogatng 20 himself and half . do.
len other characters - HliS committee, the sole
right OF expoupdipg thu, iastFgrlsnt, rs he hao
uohe IL the case CT the aw which IS proposed 20 be
repeated. 1rdeed, Is one Of tiiose who would be
unwilling to devolve upon that gentlcnianthc hi;h
priesthood of the constitution, and patientig 90
submit to technical exp6stious which ni:sht rot
even comprehend, j am pecul;ariy pleased that
we are invited TO exTcise our UNDERSTANDINGS in
The cons.'-'Hinu Of mis- msunn,ent. a precedent
said TO DC quite anaiogo.is has been adaue5d the
decision Of the Judges of Virginia OH e.sir,i:sr cues
t'on' n pamphlet sGtided 6fiend TO the con.
stitadonr' has been quoted. Public opinion =
forms ms that this is the production OF the pen Of
gentleman who holds 4 pre-eninsnt sSatiou on
the federal bench. Am SO TO consider II IL
this be understood it IS entitled TO high respect
the FACTS at least n.,.Sl be unGuestionable
he courts of Virginia consisted Of one general
co lrs or common law. court Of chaacery, com
posed of three judges. ahda COURT OF sdn.i,-Ity.
me Judges OF all these courts held their Offices
curing good behavior AND did BY law ,cShstitute
court OF appeals. The general courtbecomiug
manifes'ly incQmpeteas &c the extensive duties as
signed 60 II, system ofcircuir cots was adopted
N ITs1, and thejadaes of tine court OF appeals We're
~''-N~Ni ~ Ais Sllc flQTES
pronounced unconsti,stiorat, and greed 7irani.
nicnsty, % remops 81 ageayt II. Afeelarnensiag-
ths necessity CT e cioii bctv'&sr she constitution
and the law, and thar in cse personally interest
ing 70 thenselveS thsy say On thus view OF the
subject the following alternatives presented rhefn
selves eiSherto decide the question or resign
their Offices The latter would have been theT,
choice, Il rhey could nave Considered those utes-
tionS, - Erecting tsa Slivi5nal interests oTiy.~
YES Sir and such was The character Of those men
tha1 none doubted the sincerity % their deelara
tion. they then go on declare, thar the lesis-
arure have no rgh5 even TO encrei.se their duties.
/ by modification of the courts a privilege for
winch no one here has coutendei. II. rcspeG
much more isit believed tic the characters OF those
venerable men, than TO this opinion the legislature
DID net eiliorce the new rsgulations The law
was new modelled, 4 separate court of apeeSls es-
tabishcd, che Judges of wAich were 60 lie elected
by JOINT ballot in conformity with the conseipItcn
New members Were added 10 the general ccur-
anS II was declared 70 lse thor drty 70 tide the
circuits. The judges ct ehanccyy, OF the general
conry, and court of rdrairaity who Et3 1t5t been
eleGed, in pursuance Of Shc con4tituton Iufges OF
spPssts, but on whom sh&s d,sy was imposed by
law, we're relieved frcE. the further discharge Of Il
Al thus arrangement sewrsl of abe iulges we've
Understood 70 nave tec eorsulted and Oh the
ballot the ak sercr Judges were eiesled; 6yr into
the eoEs Of apFeSis and fae sixth in the court of
tflS the Judges
also protestedI as 81 invasion OF the iudicsrY
establishment, dehgins the right of the legislature
70 deprive them of oihce in any ether MODS than Is
PoinSed cut IN the constitution Tiupeachlrentl but
TO make for the present sanitary system, t,ley do
~ thcir mere free viii, tesign their appointments
as edge oftEe court OF appeals. and, as :bey 40
7of tod an seayafe co9s.is:ic or .batog ce which
migh; be Ietasied they % order the, sRn1s to Dc
recorded"
Now Sir, shall moi contend as eeriaiAly
might, and with great reason, thar rhe practice oil
Virginia rnost Be coasieIed AS settling the cohsti
tuticnal doSirine Of that STAKE, the Opinions of IN
dlvldPais, however enlightened and respectable,
notwithstanding; Acknowledgements two chan
eeuofs have been removed fgonc their Office of
Judges IN chancery AZ wen IS Of appeals, ard the
judges or the gener SQUIRT and conr, of admiralty
also tiyested Of shsr'ssa;s or the bench OF the
court OF appeals, although a court OF appeals WIS
supposed necessary, agl S5es reia:nea IN tie rcls
system nor shall Insist ON the disparity between
the stability Of the Judicial branch Of governments
ia the eye or the constitution of Virginia. and
ga: of the United Stzfes respet tively as surely
might For sle contribution Of virginia. has
retrospect ID .Pe-eytiig jneieiai estabiig5me1ti,
which experience iisd tested, which were allowed
to BE beneficial. and which Il & cdntenaei were
sanctioned BY i. That of the United States fcrm-
ed when Tie confederacy had no such esta5igh.
nients' IS altogether Retrospective "a rs operation
~ LOOKS tOrWaru 10 such estdDuSniT as TO b.
created from time % time In other words, 10 De
rnodifed as experience shah point ont rher de-
fees This power being devolyed on a tody cor
/ stituted by express Iga!ferdbie provisions No,
SIR, shaii diiate apon these for-ibie to,ics i
viii coneede fo- arguments sake, that the doc
uine contended Cor By the judges Of Virginia, was
the true eorsutaaonsi ,dosciyle, and VIII apply IL
70 the bill on youf aide, having hest applied il 70
the ct on which It - Intended 70 operate, Preyi-
ous toShe existence oifhat a6l, the duty OF Judge
of the creuit court was performed by the itlyes
OF the supreme courr, who also consutItcd co.rt
ofappeals, and BY ihs judges Of tie tasycs. re
distrltls. These ere JUSTICES Of the cfclhr court
70 every intent aa1 pus pose as ecmyle,cly as the
JUDGES OF Virginia wee judges Of Appeals. By
the Operation OF tie law Of the lssJ session, they
have been Invested OF this Office and oisey p-rsons
have been appointed-So II Mu-h stress is laki.
much iageB9i,y exercised, 70 take rnetaphvsical
distinctions between che court and the Office. /
VIII grant al that gesatue contend Tor, that there
Is wide dstneloi,- docs il aAe6 tiIe case Doer
III alter the faeS Che late circuit crls were not
only sbolished-t-cie letsons hclding he offee of
Jude OF those courts sloneer hoid * they have
iseither been in,sached nof fave trey fesi,raei.
They hayeno, cgsH accepted any tc9 appoint
Inent ineossistent7@Sh ., ard byahoh it became
! vacant. Thcfgn9ion Of judge ofthc ciretjt court
dccs or does not costsrftoss At .5ffie II il does
then the judge o! tle spprers and deJrtt courts
have been deprived Cf ftei~ offc6S; (thcdisclsrge
Of those dates b. L remembered, cons.itures M,
small part OF thc Gci, .tiuu for which tcv re-