Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1825-09-16

liese are obvious, that we are justified in con-
Guiding that it was not sought from conviction
that 1t could not be obtained. You say that the
act in question was passed Upon an understanding
among the members Of the House OF Delegates
that your view of the Law was correct, & that you
were to go 20 Nesdha.n, although in express terms
1t required you to remain in Richmond DO ysl
mean 10 say that the majority of the House OF De-
legales who passed this law were that it con-
hicted with your just rights as judge, in other
words, was unconstitutional, and well knew that
you would not obey it? If you do q more serious
charge never has been urged from respectable
source against that body. And, must be allowed
to say, that it Is not supported by the evidence
which you produce. Or, do you mean to say, that
knowing the law to be constitutional and binding
upon you, yet there was tacit understanding that
you should be excused from complying with IL!
When was it ever before gravey urged by learn
ed Judge, that he could look beyond the Statute
BOOK, and having as he supposes ascertained the
fact understanding of some Of the members, a
majority II you please, OF one branch OF the legis-
ia'ure, upon that ground refuse to enforce a plain
ana unequivocal enactment of the whole Legisla-
'ure! Tine reliance which you place on the vote
oil the House OF Delegates, repeal the provision
IN our chancery system, which prescrbes the resi-
aence oil the Judges is equally falscious Iii well
khowh mat many are opposed to that feature OF
tne system on the gsouni of policy. The salary
allowed the Chancellors will nos maintain family
III town, aud II IS contended with grea, force, that
we ought either to allow the Judge TO consult eco
nomy IN the choice of his residence or if he is COM
peNee 10 abandon his domestic concerns and reside
III city, his salary should be increased. The op-
posite policy must have the effect of limiting the
selection OF the Judges of these courts, to men
whose peculiar situation makes it convenient for
Them 10 conform 10 the provision, or TO those who,
from the smaliness OF their professional revenues
are willing 10 accept the pitiance offered them il,
The shape OF salary. What portion of the House
oil Delegates was Influenced by these and other
views, apart from the uncons,iiutionaty of the law
as 1t related to you, we ere unable to determinea
AS the repeating act did not declare that proposed
TO he repealed unconstitutional, but proposed a
change in regard 10 all the Chanceors, we are
BOUND In the absence of other evidence to presume
that 1t proceeded from other motives Aud as al
ready shown, the letters accompanying your de-
fence are entirely too loose and unsatisfactory You
stand, then, entirely unsupported by the opinions
OF able dsinterested men, legislative exposition
lndeedby the latter you are condemned For in
opposition 10 the very view Of the question on
which yon now rely, the law was passed and after
an attempt to repeal it, remains on the Statute
Book. The only consolation which YOU can draw
from tins source, is, that they have not as vet
thought proper to impeach you. You say "wben
There was but one district and the Judge required to
ive al the place OF the court for it, there was some
reason In il' but 10 the new order of things The
reason did not apply and '' cessante ratone cessat
ipsa lex is maxim which applies as well to the
rex scrip'a as to the lex non scripa. Was this
maxim ever be.0!e applied in opposition to plai,
imperative statutory enactment? If it can in any
case De applied TO the lex scrpta, ii is aid in the
construction of that which is doubtful Had the
law OF 1901 remained unchanged, in respect of
your residence by the act of 1873. there ,vopId
nave been some apparent propriety in resorting 70
ms maxim 10 expound it. But do YOU entertain
any doubt oil the construction proper TO be PLACED ON
the act OF 1873? You cannot How then do Won
| apply The maxim which you quote? Why thus
The act OF 1901 had in your opinion some reason
ior II, you therefore obeyed it, The act of 1914
although perfectly plain, YET has no, in your opinion
reason Tor Its support, land therefore YOU DISREGARD it.
Although the Legislature have declared that Rich.
mond shall be fduored with your residence Won
say :" neither of the places (Rchmond or LYNCH
ourg) by the standard of even-handed Justice. has
any right to be more favored than The other.
w therefore,, you disobey the mandate of the 7 eg;s
lature and take the equidistant stand because u
your opinion ii is the just Surely Won did not
uenDerate with that care and profound attention.
winch so grave subject demands when vo,, nress
ed The argument just attended TO- The law ;nn ne.
ton is either constitutional not il is witbn The
pare OF .he constitution, you are bound to execute
II according 10 Its true intent and meaning, whate-
yer your oprion OF its justice or expediencv ma,h.
I acryy
nat The act is nullhy aliho' YOU may be convc,e
oi rashness IN deciding judicia!ly without calling IN
your assistance those aids within your reach o..,
constitutional question, Involving your private n,e-
rests, without a remonstrance to the CO. r,;n.,.
authority whom you charge with an usurna,ion 10
your PreJcaice, You must stand acquitted on the
principal charge, and continue to reside at Nal
ham, or where else you please. Let ma rro.os,
'hen' TO the examination of this question. I have
MOI Inc convenience at the place from which 7
WRITE oil reference to the various acts of Assem-
piy relating TO the subject Indeed have notb;no
10 refer to but my memory and the newsnoner
wh'ch contains ypdr publication. IT, therefore. T.
shouia commit any error in stating the facts of the
case, am sure you will have the csn,lor IN ,,o,
that it is unntentiona The facts then arc 80.
ly the following. Previous to Your apno;n,,nsn,
as Chancellor, the state was divided into Cb,,,.
districts, one OF which was called in com,,o
parlance, If not by the statute, "Tbe RicbrnouIi
District" The law which established the system
directed the court for this District to be bolds =;
.he CITY OF Richmond And further provided tfs,
- each Judge shall reside at the place ,yber. ,L
court Of the District for which he NAV he sis..ns
shall be holden" You were appointed JUDGE of,bs
Richmond District under this law, and held vour
court IN the city OF Richmond and resided ibaxo
ron lhe year 1915, when you were appointed M
I'll 1873 In the last mentioned year f,rtber nar
luton took place. part OF the Richmond lie
u'ct was taken OIL, and new one formed c,lls6
the Lynchb,Tg District, and you were directed to
n no, court Tor the new District at Lynchburp
Inc place Tor holding the court for the Ricb,non,
District remained unchanged, and your res;dana.
was fixed at Richmond. And so stands tbs 49,
on the Statute Book at this day. You. bo,ysv.r
reside neither at Richmond nor Lyncbbure bn, :.
Needbam, place of your own selection II 80
are justified in pursuing this course il can onjv h.
A. already proven, on the ground that the provis;o
oil the act OF 1873, requiring you to reside in Rich
mond, is unconstitutional.
No man holds tba ;n.....,- j,