The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-01-24
!. he eMqulrfr.
RICHMOND. JANCARY "a 1911
FOk Tar hNQUIRER.

The question, settled by the case of Keni
Iher and hasckpis in hich, the svhoie com
try acgutesced. thi, that he legislator
could not, by iuw impose the exercise Of a
jurisdiction upon judges, VIII" had not been
previously appointed nd commissioned. FIR
tina. puf pose dgreeabfy ~ rhe constitution {;
ton, was declared, unconstitutional
Anothe.' question discussed by the judges,
IN thai case. was whether a Judge Of the gc-
neral COURT. could exercise the powers of
Judge in ch0nccry.
upon 'his question the court was very
much divided Judge Tucker snh Judge
Nelson held, taat he could not But Judge
Henry and Judge yler held, that he cuuid.
1t appointed and commissioned agreeab,y 10
the constitution. Judge R,ane inclined 70
the latter pinipn; aut said, he would
leave me question open, as ii was ut ne
cessary her to decide it. The court then
consisted of Ten Judges; and but FIVE we're
present Il is t. be lame ed, that this
question had not been settled by full court /;
tyr he Two honorable Judyss who held, that
The Judges Of The general court, migai b.
appointed likewise Judges IN chqncery. had,
ON iormcr occasion, uni,ed with a. the
other Judges in memorial to the iegsla-
tute, IN April. 1888. in which, among other
thiags, then soiemniy discussed and dc eide I.
It was stated. that the legislature could
not blend the duties of the Judges ot the ge
neral court, court of chancery and court OF
admiralty, as the constitution seemed to re-
qiire, that they should be separate and dis
iinct; and the leg, lature had So considered
1t, IN she organization of these courts.
must ask leave 10 refer to this memorial.
and island corrected by it. as i, is not be-
mo q Il.
that TINS Question was decided by all the
jud,; 5, md not il n case of Kemtier and
f7a7OkinS, which, d,n.t does not set,le a
ny hiag, but ,he unc2nssituf, onuHty of the
acf, then in Question, upon the gr und be.
tors uen'ion d.
Judge Henry is off-and Judge TYLER,
apprehend. enough he may have changed
MS oPlnion,) would say, il he was liked.
that the judges cannot b. comhehed TO ac-
cept IT additional commissions: And Ibis
IS what all must admit. Surely, then, The
| legislature should not pass an act, which
the, Cannn' enforce
ne real question now before he legisla-
ture is, whether they can unite tzvo consfi-
tnHonaf courts, exercising separate and
oistinct JurisHic' in one which shall
thereafter, exercise both jurisdictions -
| Ana, conten'.. that it Cannu, be done OF
| III
their memorial, in April. 1888; and TO- the
aoditional reasons a>signe'i by Judges Tuck.
er aud Nelson in Kemher and Ha7oktns
| as well as tor these other teas.ns: that the
t"o conrts, as they did eriSt are bv me u.
mon o6oHShed. and goue for ever; winch
places the judiciary dehenden! upon the
VIII or the legislature, against every prin-
clple OF the Constitution: that that part yt
he constitution, which provides ior the Yp
Pointmtpt OF JUDGES IN cHANCERY, u
"ouia De violated as the two houses would
noH, IN joint ballot, be at Liberty to make
Choice OF whom they please. If hey n,ust
MAKE Judge OF the general court, a cGan
jCeiicr; ana chanC, llor. Judge of the ee-
neral couri for, it the legislature must do
1t, 1t can max no difference, how the, dc
II; and then they nigh do it by law
but, for he decision in kemher ana Hazv-
kiHS: 30, hold 1t, 10 be very Clear point
as all the parts of the constitution sbould
be so construed, as 10 answer their respec
I've euds, that any cons.I uCtIon which W onId
deprive The Legislature of tree hoce. in
the appointment of JUDGES IN CHAN
| gerry" is unconstitutional
lhis view OF he subject is so plain that
ne VINO runs may read, and, if gent!emen
nave, as believe, mure regard Tor justice,
than tor the pride OF consistency, they wi
take pleasure IN recoilecting that. an op cor
tunlty Is afforded, by the necessary DELAY Of
the OIL, To abandon scheme so monstrOus,
as the proposition, hat mas TOR it's ohiect,
me ABOLITION Of tie superior courts of chan
Gerry as nov established oy law.
in other word. IL leads 10 tie aboLiion
| ofFhe constitution tor these courts were
established ayr ably thereto, and form a
par OF one OF the three great pillars Of the
government; and if the Legislature can take
down a part of one pillar it can take dow
the whole ; and, Sd, il they Can abolish these
cohTs, ihey may abolish all the courts; and
| by tins means. do that, which am sure. is
| not ln,ended, ON the present occasion. 10
get clear OF their judges, wi hout trial.
! ana against the tenure " thetr oDfre, as seen
red by tue constitute, and expressed in
their commissions, "during eood bekaUi
| or"
There IS no analogy between this case and
the late case OF the Judges OF the u. States
IN ina case, they we're C Gated, unnecessa.
rfy by the legislature his case. the,
are created ~ the constitution-in thu,
case, under the circumstances of their orr
GIN they were dependent upon the lepisla.
tdre--in this Case. they are tndehendenf O.
the legislature in that case, il was admit.
TED ~ all hands, that congress could not ado.
HSh tht supreme court OF the u States r.,
Cause II was expressly establi ed by the con.
stitu ION and SO he legs ature here. h..
more than once decided as for example !,
reducing the court OF appeals, it was very
correctly settled that, it could only be done
by Tine; and, therefore, 1t was provide
ina, me Two first vacancies should not b.
IIiieu tor no one ever thought that 4 r