Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1825-09-16

ed from and depends upon the constitution: So what
nave SAID IN the ENaUrRrR remains unimpai,,d.
a few words more.-Ny feliow-citzens may res,
assured that, If the public would be advanced
by my living at either of the places of the courts assign
ed 10 me, Notwithstanding my right live here) and
Mrs Taytor's health tooud aito,o IT, would certainly
do 1t, or resign my commission.
But the public interest does not require il: On the
contrary IT requires that should live here in the "a
cation of the courts. Why?-because am in nearly
cenrm position: and according the last census an,
more convenient TO 33,037 free white inhabitants of the
TWO districts, than should be, If living Richmond.
Thus 1t is shown how the public interest and my tights
unite, IN Justitying my residence at NEEpuAM.
CREED TAYLOR.
NEEDHAar, Goth Aug. 1895.
The following is the Chancellor's communication
which he requests us torepublish from the Enquirer
| do not know Junius. But, it is due to nv fellow
citizens as well TO myself, TO state to them the
ground upon which hold it very clear that have the
right to live at NEEDHAM.
The act of 1901, at the time / was appointed and
commissioned, one of the judges in chancery in 1906
during good behdUiou," agreeably 10 the constitution
contained provision the 5th section thereof in these
words:
Each Judge shall reside at the PLACE ,chs,.e NE
court o. The district for ,cajc he may be eiected shat be
hoiHcn.n
The court of the district for which was elected,
was then holden at Richmo,d aud regarding this pro-
vision OF the act. as part of the condition of ""ood
behaoou'," left .SteditaB. for Rchnond and lived
there until by the act of 1913 the district was divided
INTO t'co districts; and was required 10 hold court
eacn the agreeably to the provisions of the act; and
10 i've IN richmond. Before this. was ONLY REQUIRED
10 reside at the PLACE where the court the district for
winch was elected, should be holden and not at Rich
'nond But the court of the district for which was
elected was then holden there it followed that so long
as continued there, it the PLACE where was TO
reside but, longer for if the court had been carried
20 any other PEACE, was much bound go TO it, as
mad been togo 10 Richmond 1t was at the PLACE of
wherever I mic he nd
that was TO reside But, by the act of 1913 IL was
rendered impossible for me any longer to reside at the
LACE OF the court of the district for which was elect
ed: since, by this act there were hoo Dqcs apponted
to wit Richmond and LgnchJu,,r at which the court
OF the district for which was elected was TO be hol-
den So that, hold myself aJSotocd and forever dis
choe from the 9Th section of the act of l9Ol il in
deed, was ever bound by il.
Such is the law Tor these exnress conditions If the
be impossible al thc time of their creation or alter
wards become impossible by the act of God or The act
OF )e90Jr HIMSELF or ii they be contrary TO law or
repugnan to the nature of the estate are void I'm anv
OF which cases, if they be conditions subsequent that
u.s. to be performed after the estate is vested the estate
shall become absolute in the tenant = Tuck Black
stone l56 rs IN this case, my commission was grant
ed BY the legislature, THE jc0fo,s1 upon the cxpess
condition of ''good beauioul' aud the provision Of the
9TH sect OF the act of 1901, being part of this condition
and rendered BY the legislature (the fo6y&) iposgibte
10 he performed, become UoiG, according 10 .jtdge
Blackstone. But the estate OF EeehoAd in INV ONCE
remains TO me unimpered.
All estates that may last, at least for the liz. OF the
tenant aTejreeoH estates. lib. 1856, Lit IL. Thus
II an ONCE be granted TO long as he shall be-
nave himself well IN it, the grantee hath an estate Of
tfee1oic thei Elm For, since nothing. but his roisb.a
vour can determine his interest no man can prefix
shorter time than his life. Go. Lift II, Roll. ab 1874
SAoW far!' cases 1874 3. BAG. alb Am. Ed. 2O9.
ihu5 vested viii. JreeoM estate, in nay Office unon
an express condition rendered by the legislature npos
she to be performed it competent TO them ithc
ieoHofS 10 superadd another condition. CONCERNING my
residence thereafter, without my cousen2 NO: Wino
because, the act erpoSt {o and not authorised bv
the terms Of the for they had no more right to
canSe the terms OF their contract with me- without NV
consent than they would have to change the terms Of
contract made with any other ndiy dua for the i'm
PToHeinent of the capitol square, or for making the Ca
mi of James Rucr, without Ills consent
But be all this, it may. The 9TH sect of the act
o! 1911 being repealed by The 10Th sect OF the act of
1913 and SO much of the latter act rcatesfo my re-
sdence in Rtcimond, being erDost jc.cto and with
out my consent void leaves me perfectly free of both
acts.
Upon this principle the legislature has uniformly act
en- now Tecoect two acts for the division of the late
i'sh court of chanCcry, in which not word is said
about the ycc,dc;cc of my venerable PREDECESSORS VIM
because he was in Office the time and could not be
sent.
So TO the Judges Of the general court upon the es
adjustment OF superior courts of law for the same rea
SON. but the judges thereafter 10 be appointed were re-
CURED to live In their dstricts see the acts and attend
10 TINS iact that the tco Judges then residing Nm
chester, continued to reside there until the death ot
Judge Holmes.
Many other cases mig be referred to- but these arc
deemed sufficient to prove most clearly the opinion Ct
the Legislature upon this subject. But if they had said
nothing 10 the residence oe the Judges in chan
Gerry, in the act of 1873 than they had said in relation
to Mr. WYTHE, and the Judge Of the General Court in
the acts referred to, would could have com
planned of such cren handed Justice.
About Secen years ago lust i0inter member of the
ofoc IA
house, nnaed his intention, ] understood, 10 mos
an Impeachment ofmc, for not living at Richmond.
/ Immediately addressed letter to Gorcrnor Presfoa
stating the view which had taken of the acts, and OF
my rights in relation TO them, with a request that he
would be pleased to lay it before the assembly, which
ne did; and whatever might have been the views OF the
verify member from Henj'ico they ali frustrated
in these words
''Be II cnacicdb y 0te General Assembly, thai II shall
be tagutfo The judges Of The superior courts 9f chm