Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1805-09-14

was to be tried, should not be dependant
for The tenure of his Office on the viii or
the prosecutor. But tlisis no reason that
ia government founded on the represent
tatiye system, a Judge should not be re-
sponsible, and also removable by. some
constitutional mode, without the tedious
and expensive Formally Of impeachment.
We remove or turn out presidents, CO.
yernors, senator's, s Representatives With
out this Formally. Why then are Judges,
who are generally lawyers, privileged
with duration? II is, suppose, because
lawyers have had the formation of the -iu-
dietary part orthe constitution.
The term, eonfen4it ef COURT" which
has caused some agitation in Pennsylva-
MIA is also copied from England and in
that country it means consep,5it u rfhe kings
authority or fsrcrogafive in court, because
the judges appear there as his represen-
tatiyes, and are stiled in their comms.
sions, when they open aconrt, "his najes-
ty he kings Justices.
This, now, underlined thing, called con-
fensfts ~ cotrf, is derived from the Nor
man conquest of England, as is shewn by
the French form of words used in Eng.
land, With which proclamation for silence
" on pain Of imhrisonmenf," begins, 0yez,
Oyez, Oyez."~ This shews il TO be of
Norman origin. Ii is, however, a species
OF despotsm for contempt OF court is
now any thing courtimperiously please
10 cali SO, and then it inIlicis punishment
as by prerogrative without trial as in Pass.
more's case, winch has good deal agita-
| - ~
quires TO be consti.utionally regulated, but
not by lawyers.
Much yet remains to be done in the inn
prpvement Of constitutions. The Penn
syivania convention, when il meets. will be
possessed of advantages which those that
preccdedit were not. The ensuing con-
ventionf will have two constitutions befor
them; that OF '76, and that of 80, each
of which continued about fourteen years.
know 40 material objection against The
constitution oil 70, exec pit, that in practice,
u might be subject TO precipilancy but
this can be easily and effectually remrdid
as the annexed essay, respecting sconsn
fuftons, goDernnienfs, and charters" vii,
shew. Blu, there have been many and
great objections s complaints against the,
present constitution and he prac,Ice upon
u, arising from the improper and unequal
distribution ii makes of power.
The circumstance that occurred in the
Pennsylvania senate in The year 1900, on
the bill passed by the house of representa-
s.ves, for choosing electors, jusufies Frank
Inns opinion, which he gave BY r. quest Of
the convention of '76, of which he was
president, repectiug the prcpriety or i'm
propriety of two houses ne gativing each
other. IN aftcars 10 me, said he, ike
haffing one horse before a carr and the oth,r.
behind IT, and zvhiflisihg them both. II the
horses arc Of equal Strength, me zuheeh of
fhe cart, IKE me Sphe, 10 Of goperwnle,st, Mil
stand s'iR and II The horses are strone
4 enough, The carr zviA be form 10 tieces."-
J 1t wasonIy The moderation and good sense
OF the country, which did not engage in
the dispute raised by the senate, that pre-
ventar PENNSYLVANIA being then torn to
! piecesb by commo,ion.
Inequality ofrigbss has been the cause
OF all The disturbances, Instructions, and
civil wars, that ever happened in any conn
try, IN any age of mankind. 1t was The
cause Of the American revolution. when
~ LIB -" pa hdibc1t sal tlSeiI up 10 btnd
.7D1e'7ca in al cases sphatSoever, and to re.
duce her to unconditional Submission. II
was the cause Of the French revolution J.
and also of Inc civil wars in England, IN
The time Of Charles and Cromwell. when
The house of commons voted the house az
lords useless.
The fundamental principle in represent
ialive governments is. that fhe suajoritv eo
rerns; and as il will be always happening
that man may be in the minority on one
question, and IN the majority on another.
he obeys by the same principle that he
rules. But when there are two houses Of
unequal numbers, and The smaller number
negativing the greater, It is the minority
that governs, which is contrary to the prir-
c'pe. This was the case in Pennsylyania
I in 1890.
America has the high honor and bapp;.
ness OF being the first nation that gave 10
the world the example OF forming written
constitutions, By conventions elected ex.
pressly for the purpose, and Of improving
lhem by the same procedure, as time and
experience shall shew necessary. Govern.
neDt 10 other nations, yainly calling them
selves civilized, has been estabI;sbed -,