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


gard OF Governor Troup.
propose, in another number, to exan,in. His , 49,,
'Tine, unless indeed, some ADLER pen should ers h
tempt superfuous. N,pcr,,
l" compliance with the request of Chancellor Tavor
we 'hS uay publish letter addressed by him to ms
WHICH, taken IN conneXon with his remarks in replv 70
'"nus' constitutes the whole of his defence against tho
charge OF violating the Act of Assembly that reouires
'"e 'udge OF the Richmond and Lynchburr Cbapcerv
N''o'ct 10 reside SIN the city of Rcl:hond ~ The
"ha"ceor admits the fact of non residence but ron,
'enuS' 'nat when he was commissioned a Cbapcerv
uoge the then existing law the Act of 1901 comneIIo
"'n 10 locate himself at the PLACE that is the cv of
richmond, where the Court of the District for which M
was elected was holden that the General Aseemhl, h
the Act OF 1918, divided his district into two districts
ana established new Court al Iyncbburr over vb;oh
ne was directed TO preside; that therefore nc II be
impossible for him to fix in pursuance oftbe ActfIoo,
DIS domic both in Richmond and IN Lynchburg he was
entirely released from all obligation to remain in This.
city; although the Act of 1873 which repealed the sr
OF 1901, expressly provides that he shall do ca H..
strangely insists, that the Act of 1873 which in fact
only re-enacts and continues in force the nr,,v; 8
the former law in relation the 'place of residence y
Anu oes passed subsequently to his appointment to
0ice' an ex post iacto law and consequently null and
void.
Having spread his vindicaton before the world II m
quesuonaoly presents a fair and legitimate subject of
oi'NcSh' ana SO lar as we capable of Judging no
man ever founded opinion on arguments
more weak, frivolous, and inconcIusye. When an off,
cer holding station important and responsible a.
that OF the Chancellor at defiance the will If tho
Legislature, ne should be certain that the grounds o
winch he rests opposition are SO strong as rresshIv
10 force conviction upon every mind When he ssyyag
gers and boards the Legislature at every upou
PreteXts fmsy and trlng unsanctioned alike nv rea
son ana authority those pretexts deserve TO be public
y exposed and publicly censured. The iudement Of
Inc chancellor, on legal subject formed after mature
ana deliberate reflection, should assuredy at all times be
received with due Difference and respect But in this
case we cannot consider If entitled 10 very great
"c'sn' because he has manlestiy proceeded upon q
suPposion merely ideal, and altogether destitute of
'o"nuaon Out which, If true, would be as irrelevant to
inns matter as 1t is 10 any question, in theology morals
OF physics he has been misied by some vague and in
dehnte idea attached by him TO the term er post fcfo
"h'ch although frequently confounded in common con-
Versaon, with retrospective, is in legal phraseooe
as different and distinct in It's Specification as any ono
technical word employed by professional men. is from
another Blackstone says, an er most frcto Io,v :;
''ohe1 action Indifferent in itself is coromitted tho
Legislature then, for the first time declares if 70 have
been crime, and inficts punishment upon the per-
son who committed it."f vol. p. DO In the case of
Calder vs.. Bull 2rd Dallas D. $780, judge Chase defines
an ca past Jacto law, to be law o1hich consists in de-
an Olf
ohen DONE raising the grade of an offence maxine if
g1easer than it acen coDlaitted or cbaDripo tbe
punishment, Gfier the commission of an offence mino
" more severe than 1t was when committed; finally
altering the rules of evidence as TO allow different or
less evidence to convict an offender than required
when the offence was committed" And Chief Justice
MARSHALL III delivering the opinion of the Court in Fet-
cher vs. Peck, 9th vol Cranoh p $780, observes that an
ex post iacto law is which renders an ct punisba
bic IN manner in which it was not punishable when
committed" These authorities, together with others
which might be produced, if necessary ncontestibIy
prove that the term, post faco technical and its
Specification restrained and confined by the most en-
ghened and learned urst exclusively to acts or &C.
tions which after they committed are subjected by
law specially enacted for that purpose to punishment
either for the first time, different from that inflicted
on them before IFS passage. 1t has reference entirely TO
crimes or criminal offences; and applied to sta
tutes creating obligations, imposing duties purely of
civil natures for, as is Justly remarked by one of the
Judges, in Calder Bull sone of the most necessary
and important acts of Legislation are founded Oh the
principle that private rights must yield 10 The public
eXgencies; as high ways frequently through
private grounds; Notifications lighthouses, and public
ed'ces are sometimes necessarily built soil owned
by private individuals" Yet these laws are RETROSPECT
i've; they take away materially affect rights vested
before their passages but no person for a moment
imagined them to be embraced within the meaning of
the clause 10 the Constitution of the United States
which forods the enactment Of tex post facto aws"
The Act of 8l3 then, fit Rad annexed the office
ofChanceor Taylor 'new condition. would have been
at the utmost only retroPoctioe and not post facto
To require him to "resde in the City of Rchmondn or