The enquirer. [volume] (Richmond, Va.) 1804-1815, 1810-01-02
To THE EDITOR OF THE ENQUIRER.
SIR,

SIR,
A resolution being now before he Irgis!.
turT, "t'rd>' TO exclude the commonv ealtl's t.
torleVs OF the Superior Courts, and The common
we'li's Attorneys tor the county courts, permit
me I" max" u 'ew observations ON the grouAd of
tier ba,ng ineligible by the cons,i,ution.
Ire g. section OF the constitution declares
" that the Legislative, Executive and Judio iarv
DsPsrintnts shall be separate aud distinct, So
V!at neither exercise tive powers properly BELONG
ng % the other" nor III nry ;j.rsor .xcrcise
= 20" ers Of more imam OF them ~ the same
tine, except dat the Justices of tie county
courts shall be eligible to either House of the
Assembly,"
Bythis clause il is laid down as q Fundamental
principle, ti'at no brSon Tyhatcvcr shall exercise
powers belonging to two or more departments
with one exception only, and tli-t IN the case Of
the justices Of The peace. 1t is unnecessary here
tn advert 10 lac prncpie Upon Which these pro
visions 70 nied, or the reason OF tie excep.
ton If su,i,rs. that il is United as political
axiom III tue constitution hfVIrg1ia, s. indeed ia
tie constitutions OF ih= other states as well as the
general government. Let me then enqi - what
are the 5t'"trais Of :. c m monNeaiis attorney
! wiust be executive from the very nature of
tie oi,ce, AID it has always been considered
part q the executive power: tie manner of the
appointment cannot change tie nature. p. The OF.
ice, silyr ia iiI,c ioHs The comnloH we aith's
attorney assists IN advising and carrying into exc
cation the rvs Of the country, and therefore at
me same tirnie cannot be Diember of the Legis-
lature To day he Executes tiIe law, tomorrow
,egisatcs.
But more important objections are still to be
found in the l4th section of the constitution,
which says, " the two nouses of Assembly shall,
By JOINT ballot, appoint judges &c &c. an tog .
Their with all others holding lucrative offices and
all minister's Of the gospel Of every denomination
be incapable, &c ("
That the Office Of commonwealth attorney
Of county cour,, il q lucrative office, nole will
deny But it IS urged t'iat reference must be
mad to the preceding part of the section last CT
ted, AMI Tat the Office must not only be lucra-
tive, but derived from the joint ballot of the two
houses. This construction wodld abandon the
substance for the shadow, and sacrifice prnci.
pie t. mere form the office is derived Indirect.
iy from the Legislature, and the Legislature
may increase or dlmnsh the salary, and the Of.
hcer is not the less under its infIance be cause
hc does rot derive his appointment from the
Joint blot of the two houses. II is also said
that the words " ali persons holding lucrative
Offices" must mean offices Of the same nature, of
those enumerated III the section. Suppose tins
admitted, the otii:e Of common AltI's attorney
o. cDunjy court, is certaiiIy branch Of the
Attorney Generals office. but If this confined
o"n.'ruction Of lie sec ton was generally admit
ted, how many lucrati.e Offices, of the
kind enumerated, might be created in the pro-
gress of Legislation, and The officers admitted
nlo either house OF aSseGa''y, TO the destruction
OF the principle winch the trainers OF the con-
stltutou have endeavorcd To- preserve, through
out the whole instrument: viz that person
who had more than a common interest, should
be permitted 10 e,sisitte least he should prefer
bis pIlticuiSr int, rest to general good. a late
liirration has taken place in the Judiciary Of
tbs staie which h.s increased the business OF the
superior codrts, g diminished that OF the county
courts Suppose a wish IN The legislature To-
return tn the old district c0urt sJS Elm. Would
nJtthe commonwealth attorney, fpr the county.
feel particular interest to return to- a state OF
things which gave him greater emolument, m
cons. queuce Of s. eater service rendered
Mach more rngnt be urged as to the dstiact
interest iel by the Attorney for the coTmon-
wealth, and the Proprieiy of keeping the mo
t,ycs by winch the Legislator IS actua;ed IS pure
As possible
Some distraction IL taken between attorney
for TIE Cou,El1n ~caid, ~ tn superior CJurt !.
All the county attorney for the Conm,nwe 'it,.
LUt US compare their cJsss--3ot are apPOinte
~ their respective courts according to ais acC o..
tie L"gsltturc, liner have CoThlnIs.ipns, botn
derive q part iru'u fceg, and ote (the C"ums
cooit attorney iol m levy i'OI', reeve none,
tom trs Treasury of the Stde--lhe County