Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1811-01-18
FOR THE ARGUS.
UPON THE JUDICIAL SYSTEM.
No. III

UPON THE JUDICIAL SYSTEM.
No. III.
From the hints which have thrown
out upon this subject, it seems, but
little defects discerned, in the sy stem
OF the superior courts Of equity nav.
so tar as 1t appears to me, there would
be but very few objections, to any part
OF our judicial system, if it were pro-
perlY executed.
kV& still one of the proposit;one
sul5nietsd to the Legislature, goes to
thefFntire humiliation of the system
OF those courts. The avowed o. !; =,
OF which is,to carry equity as we'll as
ld1o, in the same hands, 10 every ,coun
t'. But, the real object is, I fear. bv
some' 70 sut,pAant the county courts
l. understand, from the proposition.
that the law jud ses are to be raised to
the grade OF Chancellors, and thew are
to be reduced TO the level of the law
Judges: so they are all to be of the
same grade.
Establish this system, and the next
effort will be, to take from the county
courts their jurisdiction both at Ian
ana IN equity :--and, then follows.
perhaps, the constitution but. beside 3
these, there are other cogent objections
to the plan, which arise, as well from
the constitution, as from the policy of
the measure, which | shalt now proceed
TO examine.
FIRST, then. as to the constitutional
objections. They were ably taken and
supported by Judges Tucker and Mel.
SON. IN the case OF Kemper and Haw.
klns,' + the general court, to which |
beg leave to refer, for the same.
BY fhe decision, in that case, this
Pr'ncfPie was established by the 1uhole
court, that the legislature could NOT.
by la1o, impose the exercise of iuris.
diction upon judges, who had not been
previously appointed and commissions
cd Ter that purpose, agyeeably to the
constructor and In which the zyhoLe
country acquiesced
The honorable judges, whom lave
named, went farther and with tbeir
usual ability, which c4nnot fail to car.
ny with it conviction, to all those who
Will fairly and honestly examine the
subject, solemnly decided, that the tzuo
JHriad,ctionS could nat be united in tie
same lsdges, Under The constitution.
Nss thse, these j dyes formed the
minority OF the court, upon this point
but their opinions, are not to be the
less respected, on that account; but
Judge Nelson is still a member of the
same court and no one, who knows
him, viii for moment suppose. that
he would yield his construction of the
constitution to thelegislature, against
WIN sc entertainments, if necessary. il
would be his duty TO stand firm and
II | mistake not, there are some o,hers
OF the bench, who entertain the same
opinion, and like him, cannot be ;nflu.
enced by even additional salaries and
would stand as firm.+
The present arrangement of seborate
and distinct judges of law and eouitv
hasfhfen k pit up ever since he frsf
orSq,aSa40n 81 tie courts, under the
present Constitution, which shews that
"ioS anu Flrtuous patriots who
made IT, gave the construction 70 II
that they intended it should bear and
this idea, derives additional aid from
this circumstance, that the eeoesaI
court, before the revolution. exercised
both Jurisdictions but since then thar
court has been confined 10 matters 81
law onlF; aud upon this early under.
standing of fhe constitu, ion. the fys,
ed. "PpO'"''
l consider, then, thatthis uniform
construction OF the constitution, should
be regarded as forming a part of n
aod held as sacred as the instrument
itself.
IL, in this 1 am correct, it follows
mat t5kPinority of the court, in the
case rhFed to, were likewise cor.
rect andtbat any law contrary there
TO would be but dead letter.
bpt again: the judiciary is one Of
the separate aud distinct branches of
reach 'S WYNN" my /
1 ChancaiInr