The enquirer. [volume] (Richmond, Va.) 1804-1815, 1810-01-16

both houses; on which elections ono ballot in the
lower house will have much weight as ono in
the Senate.
| Ifyou pass a law designating Is men, who hap.
pen TO hold general court commissions. shall be
chosen Chancellors even elected and commission
ed ss such in such elections the Senate will have
equal weight with the lower house in palpa-
bic violation Of the constitution such Courts cers
tain'y IN substance If not in form essentially
| Legislative Courts A gross breach Of the con.
s'itution Provided these men would accept such
commissions, they would yiel,, up their own indie.
pendence, and with it the Independence of the
| .';dicia department Or what would be AS bad,
these two departments would combine to tram.
pie under foot sacred principle of the consttu-
ton IL fact you would most surely by the pas.
sage o! such an act make your Judges by law and
not by joint ballot of the General Assembly. The
constitution distinctly operating at this time to
give IN these elections in tie popular branch
weight over the Senate in the ratio of 9 to l.
| After the passing OF such law, balloting would
| be contemplate farce. A sincere lover of the
constitution, if lie were in the lobby at the time of
this scene, would blush FOR the honor of Virginia
and deeply feel for the ann;hiaton ofts consi,u.
ton. A constitution which has borne us safe
through the most trying and tempestvous times.
Break it in one instance, and you may break it
in thousand. But by the passage OF The propo-
sed law, or It's substitute no breach is Intended
|
OF the An section e. reported bill which pro-
yides That in case amy of the judges to be ap.
pointed BY virtue of this act shall refuse to &C.
| +" CePt such appointment, the g ,vernor with adj
vice of Council, SHALL appoinnt Judge of an
adjacent district, to hold the co,rt in place Of
the jrdge ga refusing which judge so appoi.-
ted shall continue ia Office uutlii the Getting Of
{" the legislature and shall receive the salary of
the judge so sres,ising to act as Aforesaid
demand if the Governor and Council can for
any time elec,s judge except by the operation
| OF the ccnstitution---whicho only authorises it
in two cases, III the event of death; or resig-
nation, In no event, to any Judicial office that
| had not been Heretofore consttutionaly made -
Can in any case one judge by the constitution re-
ccive the salaries OF two judges Is it in his
power 20 discharge the duties of two Judges p
One Judge might discharge the duties OF the sd
ljacent district, and claim the recompence-.f
indeed any recompence should be afforded 10
lin, who would suiier himself tn be made the
passive instrument OF utterly destroying that con-
stitution which he had appealed 10 God he would
support. i cannot think such man could be
found among our judges. Such project tends TO
require Of the Executive, the venerable Governor
Tyler and of the state Council to unite, i'm the
rum of the best institution, human wit & vir
tue ever devised. Pass such law and in this
Unsuitable spirit for change suppose that a ma
joritv of the ballots OF the two houscs should not
fall on man in Judicial Office Suppose ii falls
wholly on men holding such Office; some may
be'refractory-they may imagine that being free.
men, they may accept or not as they please
;,..I however willing to oblige the legislature,
believe that they caiinot conscientousiy exercise
both Jurisdictions in either case (the last ex-
tremciy probable, almost certsin) what becomes
Iot your system! In a case recently determined
by the court of Chancery in williamsburg, its
principle affirmed by tie court or Appeal, the
inPoiiSy and hostility in the judges to exercise
-,.- 49,.
even If the constitution allowed it. l far
as any from sdmiring English opinions or ias,i-
tutions---yet it they have any thing to approve,
! it is in their jurisprudence
Except when that gov; nment means to op.
press, how studiously do they keep equitable
and criminal jurisdiction separate / am pot
to be understood as holding tha. government il,
; any an example for our's--t,irtlier than
reason shall approve. Yet 1t must be admitted
that on this subject it has possessed great eXpe-
rience and vast intelligence.
Adopt the system proposed, and the superior
common law Courts, Intermediate between the
county courts, and the court ofappeals. become
| cypher, mere courts of delay. THIS will be the
fate the Chancery courts Better annihi.ate
both, and save the expence. According to this
process, in a few years you will have neither bar
or bench of any Responsibility. Youwilt have nc
nurseries to either the one or the other
except the small one incloscd in the pale OF the
court VI Appeals. Ian you expect one IN TINS
enclosure TO accept your salary? Doctors dit.
fer. The great bulk OF the bar may suppose
that the loaves and fishes are to be divided
The very recent change In the common law SUI
perior courts, and the one sought in the court oil
chancery will throw the great profits Of the pro-
iession ON Shockoe Hill. Witness the recent
. removal oflawyers to that hill. The press OF blu
, siness in the court of appeals would be accunu
muatsd-and there is not on earth a set of men
let their information and application be what
they may, who would be equal to keeping the
business in ststu quo. In spite OF long sitting s,
exertion il would increase
J The situation Of the business in the court Of
Appe ais, is the real sourte of comprehensive
measure proposed is eminentiy calculated 10 rem
der that situation still worse.
In a few years it would be impossible to say
when you might expect a decision in case OF
common difficulty. Surely not for want of in
teliigence or assdaity in the members of the
court. If you would make, you ought, one o
ther superior of Chancery in the Northwes
tern part of the state /; would not all the com
plants except those which grow out of the una
voidsble delay i'll the court OF appeals be Guieted
so it is thought by the writer. The immense
tract of rugged country over which Chancellor
Browne presides renders it just and Indispensable
10 the suItors of his court.
J HONESTUS.
EXTRACT.
WAsHtEGToN. Jan. II, 1910.