The central gazette. [volume] (Charlottesville, Va.) 1820-1827, 1825-02-12

each case may change, but the Office is
The same-,he executive still confines.
This is the doctrine Of the constitution
caus lit is the doctrine Of the republi-
cans Of 1902, with Mr.. Jefferson at
their head. The republican party in
Congress, in 1902, acknowledged that
the supreme court could not be abolish
ed nor the Judges removed from office
by any act ofordinary legislation; be.
| cause the court was established by the
constitution, and the Judges hold their
Offices during good behaviour, and the
court. The party were unanimous in
this opinion. but insisted that inferior
courts which are established by law
may be abo lished by law, whenever they
became necessary. "A
Our constitution like that Of the uaSs..
ton allows the Legislature from time
To time to establish the inferior courts (;
because, experience might prove the
necessity Of changing those courts, SO
as 10 adapt them to the condition Of the
country. But each constitution requires
Tint there shall he one supreme court,
and the language OF each is substan-
tally the same. BY each supreme
court is ordained and established. The
constitution does not require that the III
ferior courts shalt be circuit or omar.
ter session eourts--bat, it does declare
and requires, that there shall be one
court OF appeals. Our rireuit courts
did not exist until established by the
act of 1900 But the court Of appeals
has existed from the date Of the consti-
tuition. The first were created by the
act of the Legislature the other was
established by the paramount act of the
people in the convention. The same an-
thority which creates may destroy {;
therefore, the legislature may abolish
the circuits. hut the people alone. assem-
bled in convention, can abrogate the
court Of appeals.
But this legislature, as If above the
constitution. have arrogated the right
10 abolish the court of appeals, or by
its " reorganization" to remove the
incumbent Judges from office by bare
majority while their (" court continues.
We consider this not only an uncon-
stituiionaI and high handed measure,
but one which II approved, will pros
trate the whole fabric Of our const;iu-
tiona' liberty; WE DO CONSIDER
IT a REVOLUTION. We consider
this unparalleled act an attempt, by the
ma inrity of the Legislature, to cnusoii-
date their power. and perpetuate their
supremacy. over the rights of the minor
ity and the constitution, by destroying
he independence and purity. and impair
tiality Of the judiciary. And if 1t be
coanlenancsd by the people, wr believe
the strong party. or party in power that
we shall be governed by faciions-ihat
" liberty and equality" will be empty
sonmlS-that the ambitious and power
fni will hold IN their hands the dest:-
MES ofour state-that the minority will
indeed, have I" no rights" and will be
prescribed, as we believe it has been
resolved that WE shall he. during the
present administration--that the free
dom Of speech and of conscience, and
the rights of life. liberty and property,
will depend OF the eapriecs Of huctn-
ating majority Of the Legislsture-,bai
our courts will be serviIe and depend
emf, like those of revolutionary France,
under Robespierre. and those of Eng
land. under the Tudors or the Stuarts-
and that the Legislature of Kentucky
will become, practically. as omnipoteni
as the British Parliament.
These are not the drpictions Of vivid
fancy. or The specters of pueriie nlarm
we fear that they may become sober
and solemn realities. IL the people
sanction this act Of the majority, where
is our security? Their appreciation of
such an act, would Indicate q destitu-
lion of that reverence for their consti-
tuition, which is the soul Of every con-
stitution, and without which no people
ever were or ever will be free. Ours is
not the language Of prophecy. all of
whose predictions are yet to he fulfill
ed as passing scenes Will prove. Al.
though we are not initiated into the
&c nrcand imperii," our eyes have seen &
our ears have heard enough to enable
ns TO understand "the signs of the
times - When we see new Judges an
pointed to supersede the old ones. some
of whom are known to have been ac-
tive & clamorous in endeavonrs to pros
tratp the court--when we see at the
head Of these new Judges, the leader Of
the majority, who has been charged
with exertinG his influence in and out
| &c The \ o,,eIofnro IN oauoue 81 a.