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

Chancellor Justify him in trampng under foot the ex
press provisions of law which at the time il consult
aud promotes the general convenience, violates M
known principle which the Constitution was intended
'oguard, protect, and secure.
la relation TO the doctrine advanced by the Cbapcel
ior that as he holds his commission upon the express
condition of good behavior" he has life esatea
freehold interest his Office, to which is incompetent
to the Legislature after his appointment to superadd
any condition concerning his location, without his con-
Sent,-wc feel no difficulty in pronouncng it 10 be anti
republican, and with the spirit and genius of our
institutions and beg leave to enter our humble pro-
test against it. Judge Roane, the case of Dance 9Th
vol Munford p $780, Observes in reply to this very ar
Sument, The truth is that some power must he piv
en- TO the Legislature; and the interests of the peone
are entitled to consideration; while the substantial
rights of the officer not TO be lightly invaded He
is to hold his commission during good betacior as con-
tradstinguished from during pleasure but he
Is not to obstruct any sanitary REFORM he not to ride
upon Tue top OF his commission to swaggcr and beard
the Legislature at every corner to seize upon the
merest do'ces gGnd 10 contend that Legislative Act
is unconstitutional.n
And that the Constitution intended that this construc-
ton should be put upon the TERMS "good behavior is
manifest from the Iith clause which orlans that 1.-The
two Houses of Assembly shall by Joint ballot appoint
Judges OF the Supreme Court of Appeals and General
Court, Judges in Chancery Judges of Admiralty. and
Others to be commissioned by the Governor and con-
inue IN Office during good behaviour In case of DEATH
aeapdcy or resignation the Governor with the advice
Oh the Council shall appoint persons to succeed in Of
nee, 10 be approved or displaced by both Houses.n So
That under the Constitution, Judge NAV be removed
from Office, although he may not have been guilty of
mIsoehavior, -although he may not have committed
breach OF the express condition" upon which his com
mission granted, viz good behavior In cases o
"c0P1c'ty the most vague and indefinite term orr Ian
guage affords, the Governor is authorised with the adj
vice OF the Council, to appoint successor.-But we
have not yet done with this objection In the same case
p. 36I, Judge Roane proceeds TO remark that sstbe
doctrines OF the common law of England in relation 10
the appointment and tenure of officers as indeed all the
constitutional law Of that country must be receiy ed in
TINS with many grains of allowance hazard but little
IN saying, that the interests of the people are held more
sacred IN a Republic than in a MONARCHY In that
country al Offices euanate from the king bv virtue of
his Prerogative in this couary that prerogatYc is abo
ished by the Constitution In that country some Offices
are held III fee, others in tall and others by various ten
ures IN our III! of Rights it is declared that
are he trustees and servants of the people, and ali Offices
are prohibited from being hereditary If in at coun
try this boosted tenure of good behavior,m is amena
bic to the oower of Parliament by virtue of lis ALLEGED
competence, is here aenable that OF our limited
Legislature when supported " the principles of the
Constitution In ali The decisions in that country a. 70
the nvioabilly of this tenure there is an execution nj
the power OF Parliament and in decisions to be given
here, there must be correspondent exception in favour
OF the Legislature when acting las have before sta
ted) within the limits Of the Constitution and supported
by the prime les thereof. He has freehold in his Of
nee admit 'u it is only odo. It is subject to
the principle, # Bill of Rights and the Greater,
interests of the people. If he has this tenure not
for has own benefit, but for theirs. Am not correct
then III saying that while the j,s rights of the officer 10
his Office and emoumens are not to be invaded ti,f
@1eafe rights of the people not to be surrendared
liberal construction ought to prevail in this country
therefore, under the influence of these principles al
though IT may produce loss o., iacoareaience 10 fine
oiIcer"-As fixing the residence of Chancerv JUDGE
does uaquestonaby promote the convenience aud sub
here close our remarks leaving this part of the arru
ment 10 rest the solid basis on which JUDGE Roane
has placed it.
TpR THE