Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1825-09-27

paced under the control OF another they are then il
respect 10 each other separate, distinct and inepen
deht one upon the other,-equal in rank and dignity
creatures of the power and subject only to III,
a'oS their creation and such further restraints as NAV
be imposed by the power 1.-THE people) that gave them
existence" Never have we witnessed more splendid
ana exquisite specimen of close and convincing ratioci-
nation The Departments of the government are sepa-
rate and distinct consequently they are independents
subject only to The la,cs of their creation-apd conse
quenty the law of 1915 requiring the Chancellor TO
reside in Richmond is unconstitutional, null and void
Can there be of ordinary capacity whose ,udo
ment is either unbiased unciouded by interest or
prejudice who does not clearly perceive that CARO-
the very question which he should have proved
no uoes not clearly perceive too, that consequences
ruhous 10 the public interest, may fairly and legitimate
y oe drawn from the doctrine expounded and I'M
uefS'ood oy him. Ii tue Judiciary be really ndepen-
ueht IN his sense of the term that is subject oaiy 10 the
doS q us creation; placed under the control of the
legislatures what right has the Legislature TO annex n
'hc ONCE OF Judge, judicial duties? If one
Po'oer or department is Independent of another if un
questiona5ly means, if it mean any thing that that de-
pa'"ent is free from all oontrol-at liberty to follow
the dictates of its will without anv the SLIGHTEST
restran and TO contend that the judiciary is ipdenen
dent IN tins accepaton of the term would be to twart
aud defeat the very object for which it was established
TO snoyert the end of its nrea,ion The Judiciary is
intended only TO erpov,d the but if it be indie
pendent, subject only TO the laws of its creation. and
placed under control, what power has right to en-
act In'cS which it is bound respect and obey? to pre-
scribe rules for IFS guidance direction and
Can one Independent Department control or restrain
another Independent Department. Such a proposition
Is not only ridiculous it absurd and il would he IN idle
waste OF time to attempt TO refue that which SETS at def
ance the common sense of all men, But has not tho T n
gisature invariably enacted laws and prescribed rules
ana regulations for the direction and government of the
Judiciary from the foundation ofthe Republic? Has
not divided the Districts assigned TO Judges established
new Courts and ordered old 10 be holden At nar,
GUAR places Has 1t not constantly added new duties
10 inc JUDICIAL Oce; and has any of the learned Judges
either OF the General Court of the Court of Appeol
ever refused to execute them, unless in direct collision
with the plain provisions of the Constitution or bv ma
nIiest and evident implication war with its prncipoo
The Judiciary then, is not free from conro-it is M,
AT liberty 10 follow the dictates of lis own will il is mt
independents it is bound to carry into effect, all copsti
tutonal laws. CARO- then, should have commenced az
actly where he ended and instead ola minute ANALYSIS of
the frame of our government, he should have asked the
simple question, is law fixing the residence ola judge
unconstitutional?
ihe term independent is nowhere used in the Con
stitut'on-nor could the people, as we have alread
shown with any degree of propricty have employed il
is creature of Carols fine and fertile fancy WIZ,
then, may be enqulred, meaning of the clat
that the Departments of the Ctover,5,ont -.
Legislative and Judicial, shall be separate ana distinct,
1t means that Legislature shall exercise the oye,
functions, duties of the Executive and Judicial De
partmeuts-ttat the Executive shall not exercise tbc
powers, functions and duties OF the Judiciary and Lee
gisature-nor tie Judiciary the powers functions and
duties of the Executive and Legislature. 1t intended
that the Legislature should lawsthat the Judc
airy should decide on the rights they conferred-the
duties they nPosedtle obligations they createi-and
that the Executive should enforce the Judgment of o
Judicial Department upon those laws as 10 the yaun
ted independence of the Judicial Department ifs bep
subject only the laws of IFS crcatonno such idea
cCuntenanced in any part OF the constitution Caro-
has wonderful command OF words, and mortal aver
sion ''vcrbal criticsm;n and his aversion is by no
means iilounded. for he knows very little of the force
OF the terms lie When individual speaks of the
independence of the Judiciary he does not ntead that
this Department is subject to CONTROL free from res
rain but that the tenure by which the judicial Office is
held is during good behaviour" cUntradistnguishe
from tenure at the arbitrary will and pleasure of the
Executive or Legislature that when Judge IS once an
pointed, he shall hold his Office during s unless he be
guilty of some act for which he forfeIs it. But il would
be gross solecIsm to say, that Department is lae
Peadent which was created expressly Tor the purpose
of administering those laws, which not being contrary
10 the fundamental principles of the government. arc
enacted exclusively for the promotion of the genera
good the general interests and the general convent
cnce. The object for which the Judicial Office wa,
established, for the benefit of the community. fo
the protection and security of The rights of the people
and any law passed by the Legislature obligatory
those who Gil the Judicial Department, provided it does
not violate great principles because the people their
representatives, by enactiDg it, declare that they ooDsi