Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-01-11

certainS Il, that the whole of the time of the
judges that conrt. is requisite 10 the due
discharge OF its duties. These new duties
would. therefore, disable "a Judge of that court
from dischsrs,ng efficiently. his previous and
paramount duties, aud thus operate inJuIi0usly
10 the pnblc interests.
II il evident, also. sir. from inspecting the
act constituting the Literary Fund, that very
many law suits aud controversies may be ex-
pected to arise out of il. As TO these the
precedent OF the court of appeals is ALREADY
party, by being member OF the body cOrpo-
rate which is TO massage its concerns. IT ans
| thsI member be also with,sawn from the
court. aud identified with the interests OF that
4 Institution, by having advised the measures
| which produce the controversies, only three
| Judges will remain, and their unanimous con-
cnrrence will he requisite TO settle tina law, IN
| cases arising under the act aforesaid.
This state OF things would also Increase the
| necessity for special courts of appeals which
| are courts inconveuieut To the other branches
| OF the judiciary, expensive TO the public trea
| snry. and may be liable TO constitutional oh
| jecuoOs. at least when carried to the extent
| which is now supposed.
In short, Sir, 1 conceive that few objects
| are more 10 be desired IN our admins tTaton
| than That the Judges III the last resort should
| be permitted TO devote .her whole time and
| their uudi vided attention. to the impo, taut
controve, sizes, submitted 10 their decisiOn-and
| that they should be lett free 10 decide those
controversies upon the beUcb VI Justice, with.
| out favour, affection, parliaiiiy.
| These aTR the reasons which have weighed
| with NE, on the present occasion....I have
| submitted them 10 thu better judgment oil my
| brother judges, AND II is also their unanimous
opinion that ought TO decline oGeyug your
| summons.
My regret at being obliged To take this
| course, is sincere aud unaffected. ...It is gra-
duated by tiIe high respec entertain tor the
! wishes OF the General Assembly, aud by the
deep Interest \ take with them IA the great
cause of promoting education That regret
is. however. diminished, by knowing that there
| yet an ample board, 10 turther the objects
of the institution
win hill respect, | have the honor TO he,
Sir, your Excclency's most obedieui servant,
SPENCER ROANE.
His Excellency
GOVERNOR RANDOLPH
On motion OF Nj DOdGudgc, the Cover
nors communication. with the accompanying
document. was referred 10 tue Committee OF
| Schools and Colleges
Mr. Seiden iiom the committee to whom
was referred so much Of the Gpvetnor's Conn
munication al the commencrlnt M ot the pre-
Seut session, az relates Ia the citation OF this
Commonwealth to answer d compliant eXhi-
bited asalnsi il, before the supreme Court Of
| tue United states. rre>euted Report which
was laid upon The table
iueSd0y, january . "A communication was
received rom TIC Senate, >taiIHE that they
had passed ibe bill 'ircorporatiu!, Library
| company iu the town OF ChaIlesto~n Ia the
county of kenawha and one changing the
time OF tn annual meeting OF The Dismal
swamp Land Company" Also, with amend.
ments, the bull 'eSiab.i hug ferr> nom
the Land OF Christian BTcnR man III the county
OF Brooke, across The OHIO TiVcr''-aud Que
" establishing several ier,ios"...,ln Ihese a
meudmenis this House now concurred
| various DiilS aud resolutions were received
| rom committees, and laid upon the table.
Ga Nj WOOdiug's notion Saturday the
l3'h inst was designated IA tho day tor bali
ioiins tor two members of the Executive
! Council.
Ia
Se,den, was taken up aud cad as follows
Tie Commiiler of The II use of De
'eSa,es. 10 vhOD WAS referred SO much
OF The Governors message as informs the
General Assembly, that The Common
wealth oi Virginia " is c'trd and admo
nished TO be aud appear at supreme
courl OF the United States, to be holden
az Washington, OF the first MONDAY IN
February next, pursuant 10 a wit OF or
ror filed III the clerks Office Of the quar-
terry session court OF th borough Of Nor
'oik, IN cansr wherein Philip |. Chen
and Meudez J. CoAen ale plaintiffs in
error, and HE said Commonwealth is
defendant, Ia slew cause, ii any there
be, Why HE judgment rendered against
ne SAID Fhrlp |. Cohen and Mehdez
Cohen, AS IN the said Wril of error men
Toned, should not be corrected, and " hy
speedy justice shouts no, be done 10 Tie
parties III that brhai!," res ppeiiully sub
NIT 10 the conSidera lion OF the House OF
Delegates The following Report and Re,
| solutions.
by an act OF Congress, power has been
given TO the corporation of the civ Of
Washington, to anlhorze The drawing of
| lotteries, Tor ctfeciing the improvement ei
that city. Tie corporation Of Tie city of
Washington nave accordingly established
lotteries for that purpose and lottery
tickets have bern Veudsd and distributed
wi'hln The Iufistiiclona iiniis of the
Commonwealth. IN open d.iiance of a
| positive statute Of hes legislature, which
| lorbad it,
| The committee are unwilling to believe.
tLa' tho Congress Of The Uulied States.
representing a. HEY aiwdyS should, the
| justice, The wlsdoai and The in ercsts of
me people, could So taf iorgel Tie sacred
| Obligations uudeT which lheV were con
vened 10 gislaie, a, TO del ga.e 10 ia.
corporation OF ia city of Washington
authority {" yeUd ana distribute lIir>e
tickets through The UuIon, IN open def.
dnce OF Tie ConslIni q authorizes Of ihe
respective states +; because, IL is believed
,hai such delegation II authority is new
ana uhheafd Of; supported by 20 expe-
fienCe JuSiIhej by no analogy ; bout
example ei our ancestors, or root IN the
constitution.
Bui, under present circumstances
when The right OF The federal legislature
10 delegate this duihofit, TO a corpora
! lion IS gr%ely asserted and periinacious-
! ~ maintained when The very authority,
IN question, IS openly claimed to have
been actually and rlghlIulIy bestowed {:
and, when public men, high IN office and
liiustrIous rom their rank and talents,
boldly question The pow er of this Com.
mon"eaiih TO repel from her soil by pc
~ sanctions, Tie disiurbers OF her law