The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-01-24
He was assured, Ivy the gentleman, vino. has


He was assured, hy the gentleman, vino. has
since succeeded n,n md Who wa then 4,
member OF the Senate, that he as not 10 de-
either He then replied that, there was no
cons,i, utional objection, to The law--aud the
co ference broke up, under this impression,
that MIR Wythc. would not have yielded
his CON ssan, nor have quail ied under it
Ngan. had it been required because it
would have recognised power i'm The iegis
| tire, to cont oil the tenure of his office, in
mode diferent from that prescribed by
the constitution.
But, II me legislature. has this power,
why no exercise It in relation to the judges
OF the nera CO TT alo and cave the
present courts OF chanccry to stand, until
the Judges are otherwise prorided for /; and
IN the me IN time, 1t will give the people their
election to proceed, 10 the superior court of
their county; N in the superior courts, FOR
the districts, as now established and morco-
vcr, 1t will afford, a fair experiment of the
4 measure
To unite two courts of different grades of
itse'f, seems to contlc with tho principles
OF the constitution. which made them sepa-
ia ana distinc, but it it can be done,
tie general Court judges, may be sent to- the
coun " courts, t" Gle r out their dockets the
judges OF the cour' IF appeals. may be made
chanceis RS; .,ad the chancelors Judges of
the court of appeals nay, all may ne blended
,cg the and made To pass, from the mos,
inter court, through al the other, TO the
supre court, performing like duties !;
which never could have been intended b.
the constitution. that provides that "the
f7po houses of'asScmbiy shall. By Joint bal
let, ohhcins judges Of TIE supreme court OF
ahheats and general cours, judges in
"chancery. judges Of admira ty { a }, secre
fary co., and ne attorney general 70 be
| -, commissioned by the governor, and con-
tnue an office during good bchapio,-'
The question is not now, wha might the
legislature do. it it were for he first lime
organizing the courts but what can they
do with he Courts, as established 10 which
the answer has bee. already given, bv
themselves, in the act reducing the number
ofJudges in the couri Of appeals; and when
| applied 70 III superior courts of chancery.
viii present the naked question, shall these
courts Con inue beyond the present. chancel.
lors or no.
! Neither can the legislature adopt a course
that, shall have a tendency, TO drive a Judge
commissioned during good behavior, from
Office for, even if they should take the bu
siness OF his Court from him. they must paw
him his full salary.
| AS to the remarks, which have been made
and levelled at the Judge, in threatening
law / have to observe, that if the author
himself shall not have cause to regret the
intole rani spirit W ich he manie sted, me
honest, the Independent, and the patyio &c
Judge. Who stands like A msrtyr bv tie con-
sti'u'ion, will not: for he will find a sane
'uar' the good sense and patriotism of
his fellow ctizens, which will shield him
gains the spacious views of ambitious men ;
aud The cuntes must term,na e n favour of
the constitution & he people whose advocate
! | am
j These observations are most respectfully
submitted and appeal to tat o.e,riin
providence, when governs he universe by
he uner'ing principle of justice 10 wi ness
the sincerity of this decia alton that, if the
constitution is t. Dc impaired or abolished.
am, and will be innocent.
WYTHE.
(a) GiUen Mh under tie federal consti-
fufion.
| m i /Te 10 ,,,ro L.