Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1817-03-28

/ hewriter would beunwiliing eyen TO hazard
this change The object of two branches
OF TIC Legislature is, 20 produce more de-
liberation than would probably be en-
| ployed by one, il left unchecked III the
exercise of IFS own powers. The impor-
lance of delbcratiOn upon all legislative
| objects is deemed almost a seii-cvident
| proposition. lt-is, therefore, thought
| unnecessary to enter much iuto argu-
| ment to demonstrate lis utility, it not
necessity. IT cannot escape observeii-
on, however, tiiai the chief error oi~tile
General Assembly,, Gor error seems 10 he
| the lot OF the most perfect ofh,--sau esia-
| blishm ents,) consists of too much iesisia-
| ton with too little deliberation. This err
ror is evidenced not only by The mNliiD'i
city OF laws, but bv the numbers repeal
Ell. Much time of every session is Occu-
pied i'll repeating laws of some preceding
session. The time of the meeting Of tic
! last q eneral Assembly was wisely aut'cl-
| paied, Tor the purpose Of repeating law
most unadvisedly passed at the preceding
| session. ThIserr0r IS, perhaps, also attri-
butable in great degree 10 the iniscllIe-
vous tendencies uf TIE novel political the
| cries now abUniiantly aAoat throughout
| the Commonwealth. Gentlemen (partl-
cularly Young Iawy ers) of ardent, intelli
| gent minds, without much experience,
| become enamoured of some visionary no.
| ton for promoting the good of their tel-
low citizens aud when they become
| members of tire General Assembly, can
not content themselves without getting
| the pleasing theory proclainediin the form
and efteCtof a law. Upon its being
| brought 10 the toucli-stoneo OF experiment,
| IT generally turns out that there was some
delusion or misconceptions about the visI-
on; and II then becomes nee Ssary 10 strip
II of its legal sanctions. Still, however
the Senate is founia an extremely useful
check upon this unbounded rage for le-
gisiation, by putting its veto upon some
/ ot-fhe worst propositions for passing laws
o. tins description. This principle OF de
liberation, in all great matters of state, is
of long standing, as would appear by the
established customs reported OF some Of
the antlent German states, particularly
those bordering upon the IIieldelbugton,
To decide all great matters of state tWics-
'hilosoDhizing upon human nature, and
Justly concluding, that the different con
ditons Of the human BODY, and the diife-
rent state of feelings consequent thereon,
had great influence upon the reasoning
faculties, and that it would not be so be-
neiiclal for the same question 10 be deci-
ded fmtce bv the same person in the same
state OF feeling-these wise, generous and
hospItable Germans sagely determined,
that every such question (aIihough TO be
declded tGice nv the same pelson) should
be decided at different times. und diiIe-
rent states Of feeling that the grave and
learned legislator should decide once
drunk, and once sOber-drunE, that his
decision might not want energv-sohcr,
that IL might otwant discretion. Tie
free use OF legislative checks has rendered
1t quite unnecessary for our Legislators IL
put themselves to the Inconvenience. OF
becoming qualified for wise and energct-
&c decisions. But it is deemed unneces-
sary to waste time and argument, in de
m onstratng the utility and necessity Of
The Senate, although the want0n hand Of
innovation would even tear down this
venerable tribunal. The Senate has re-
cent proclaimed is own euIogium, in
the wise and beneficial act of putting IFS
veto upon the bill for calling Convent
on; by which, the People are providenti-
ally permitted little longer at least, TO
bask III the sun shine Of happiness and
tranquility: and ior which Indulgence,
their generous bosoms, onglt to beat high
with gratitudeard affection, towards their
senate-lo make further observations TO
save this establishment from pollution,
would be work of supereroeaiion-Let
then ITS own salvation, rest upon lis own
works.
The Judiciary establishment forms the
| next most important department in the
| NlrgInlan Constitution and it is here
| highly worthy Of remark, that tlc wise
| iraWers oi that instrument, differing
| irely from the Reformcrs of tile present
dav, SO far from discarlingali lessons of
| experience, and from relying solely upon
| 'De results of their own reasoning facu
| ties, preferred recognition OF tie rrc-ex-
| lstng Judiciary establishment. the me
hcial effects ofwllich had been sanction
| eel by long experience, TO haZardinga new
experiment OF their own. Accordingly,
| the Constitution merely recognizes the
| pre-exstmg judicial system, consisting of
| The Court of Appeals, the General Court.
| the Chancery and Admiralty Courts aud
the County Courts, prescrlbes rules for
| the appointment of the officers of those
! Courts respectively, aud provides Tor con
tlnuing them IN the exercise Of their re-
| speeiive functions and jurisdictions The
universal tenure of the Judicial Office. is,
u" good 6ehaciorv," supported g by fixed &
adequate salaries, TO all the Judges ex-
| cept the County Court Justices, WnO are
left to perform their Judicial duties grafu-
iiousiy for the People. All judicial OIL
Gers, receiving fixed salaries, are excluded
from seats III ihe General Assembly whist
the County Court Justices. who receive
none, ere not excluded. Ii is Impossible