Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-06-18

hope aud trust the Union will never be dissolved,
vet sound political wisdom requires us, strength
Ell our state government "betore the dark aud evil
,iay shall To remier ii, without delay, ca pa
BILE of cncoun;ering any storm that may arise, ru-
thcr than leave il for tho present in state Of dcb
ly and, hereafter amidst the convulsons of gem
eral revolution and dissolution, attempt to amend it..
The present time of peace and UaiOa appears me
the most propious season, call Il convention, ani
provide for all our political exigencics.
s. The juiiciat system of this commonwealth, is,
conceive, unnecessarily complicated II is tccias-
ed in the constitution, that +" the two houses shall,
" by joint ballot, appoint judges Of the supreme
court fappcas and general court Judges IN ca,-
cery" &c.--Im conIormity with this provision, it
has been decided by the court, that the ordinary
legislature cannot abolish the chancery COURTS or
transfer any portion Of their powers other trbu-
nails however preferable the mode of proceeding in
such other tribunals, may be 10 that which pre-
walls in the courts Ofequity.
1t appears TO me, that system of judicial pro-
cccdin.s, in which the common law mode oil tfiai by
jV pronounced in bill of rights To be prcfe-
raJie 10 any ether" and worthy "to be held So
credo is but seldom resortc;l to- in which, the fair,
ceptioniblc method of obtaining testimony by
rira examinations of witnesses in open court,
is generally rejected, an;i the highly objectionable
evidence oil rriHc,, depositions, (taken they Of
ten in the absence of the party against whom,
they use., and liable TO be ,yortcd iaaccuraieiy
Of the couutenance and support OF free and en-
lshtened people. The SYSTEM in question:, was o.
riginally invented under the deSpatic sway of the
Roman Emperors, and subsequently, admitted
,cih great retnconee into Engiand. Yet, IL: Yirsi-
,ia the trainers Of the Bill Of Rights have with re
inarkable Inconsistency, (occasioned doubt, by
uarOtdoofe haste and inadvertcncc) made it a part
ofHe constitution ofNe state, and thereby eacctu,l-
ly prevented oar getting rid OF it. except by calling
n convention!
Two ronilies for tIii, evil, my be- suggested {:
either of which might be adopted by a convention
The first Is, to retain th present caicsry courts,
co nomi'ae, with all the powers they now ensy but
TO require them to Introduce The trial bv Jury I'm
stead of the 'caamcellors deciding upon tile evil
dencc IN the ordinary itlo court) and also
the examination OF witncsscs,rira uorc, whenever
their Attendance can conveniently be obtained
The other, (Which ought, perhaps, TO be preferred
because i, would simplify Jurisprudence an 90
lieve us from an unnecessary nraier Of couris,)
would be to enable the courts of common law 10
give. in all cases, such relief is now obtained in
courts of equity.-'rhc only measures requisite Ia
accomplish this, appear TO be such changes in the
forms OF proceeding, the wisdom of the Judges
might easily devise. by authorisug eguifabie
claims to be exhibited the part ofplaintifs; egui-
tGJie grounds Of defence be relied upon in
pleadings commissioners 10 DC appointed to set
tie contro:cftc accounts, &c. orders to stay pro-
ccedngs OIL Judgments for good cause shcwn and
new trials to be granted, after the terms at which
judgments rendered and doubtless, by other
provisions which might be adopted the mode of
coming at justice, would be rendered less circuii-
o"s ana lsdtou;, ana OF course less expensive than
at present.
But, howcvc. this may be. since Mr.. Leigh adj
ms, thar the great and opulen: states of pcnnsy!-
vania and Massachusetts, and some others, Tin
which juStcc,I believers generality administered
in such manner as TO gaze satisfaction TO Mc people
II not to The ia,cyers. hare nerer been b.trtiel,s
toM chamcery courts aud have contrived to do tole-
rably we'll without them, mauifestly dc sra bic
that this subject should be seriously considered
aud the proper remedy applied By an amen,lmen,
to tine constitution.
8. Another defect i'll the constitution, which mich,
be supplied by convention, is the want of a Drovi.
sion tor removal from Office, of judges disabled by
age, a''curddte disease, or menlM iiirn,iiy.-Ths
general rule, that the judges should be .depenient
that is, should he placed, by the amount OF their 81
aries, above all temptation To corruption; thar no
power i'll the state, should be able to influence or ian
properly control them; aud that their tenure of of
fee should be during good behapio., ought certain.
" TO be maintained inrioate. 1t might also be un
wise to remove judge from Office, peremptorily, a
any particular age. Butt appychend, that no goo-
reason can be given for iniulsing or accommodate
ing indiriasals (Ioweyer respectable 10 the detri
lnent of the public; that timnution of the pur
ty, impartia!ity, and efficiency of the judiciary
could be occasioned by authorship tho General As
semby, Crowded. thirds, or three -fourths OF thu
Senate and House Of Delegates should concur0 t,
| remove any judge who may be superannuutse bed
ridden, on non conIos mcntis.--ESpcrienca has &c
tually shcwn in Virginia, the necessity of such Il,
amendment to our nst!tuiion.-(iua rdsd, as III
power proposed to be given 10 the General Assem-
bly,, would be, by requiring the concurrence of s,
large majority of both Houses, there could be lit
tie danger of its bain5 cxertel unjustly or opores
sively to the Judge so removed, or in any manner
prcJudicially to the interest of the commonwealth
1T is aly possible, that the vote of exclusio;
would, i'll any case, fall on such men as yyYTuE
PENDLEToS, RoANE o. MANSFIELD, or on an,
judge whose faculties remained unimpaired
have not the vanity or presumption to ilnanin
that all the views Ihavc taken in these re marks arr
corrcct.-Thc convention when assembled will We
ry probably IL particulars lisuppoi.t both it
friends-anl enemies. 1t may approve and adop
some o. the lnen'I.nents have suggested, and re-
Jcct others again, ii may discern the propricty
many valuable Improvements, which have not ell
tered into my mind.
But tue conclusion to be dcluccd from the invcs
legations have made appears to be, that some a
least OF the objections, urged with so much ngenui
y in the proposed substitute, against the call of
convention, cannot stand the test of sound argu
ment; that the Constitution of Virginia, is mater
ally defective, and ought to be amended that th
important work may, with moral certainty s. safe
ty, be accomplished by convention; especially
when il is considered, that the people, either IN pri
wary assemblies, or by subsequent convention
viii act upon any amendments which may be pro.
posed, md either accept or reject them.-But if q
minority of the PEOPLE, in whom the right TO dc.
eide upon the expedicncy of this measure is vested
shall be of different opinions; if they choose to be
content with their present form of government how.
ever defective; is the duty of all good citizens tc
bow with respectful submission to their will and
hp ~ hr ror,,s.
than by
a REPUEIfcAX nE ,nR