Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1825-09-27

right to require him 10 reside in Richmond If tb
public interests demand it, of which that departmer
is The most proper jude) il has to mark out certai
territorial limits within which alone, he shall
his Judicial authority The argurnentum ab nconveni
cn is of peculiar force, when there is either no ex
press legal provision, when the law is doubtful -
And what the consequences which would or might
cnsue if the Legislature had power to fix the resi-
dence of judge Court Of Chancery as we OBJ
served on former OCCASION order TO fulfil the design
oil It's creation TO administer prompt aud speedy redress
IN those cases in which Court of Common Law is
without power or authority, must be accessible at all
tunes; and how is this object 10 bc effected unless
INC Legislature prescribe his place of residence
II there be no law in relation - his location obligatory
on him. If the Legislature can pass none To attain this
end, what can prevent the Chancellor from removing
beyond the ridgeor TO any olher part of the State
" nave heard some men answer this nterrogatory by
saying, Public Opinion. But we should extremely re-
gret the existence of any state of things which the
rights, convenience, or great interests of the people
were left without constitutional restrictions TO the ar
oitrary whins, caprices, discretion Of Judge
we had always supposed we lived under government
In winch all offices being created for the public good
anu common benefit subjected to control of a
more definite and specific character tLan the yapue
influence ofpublic opinion 1t would have been equal
y as we'll TO have committed all our rights TO the ;ac
custody of Judges and Legislators without establishing
any securities for good governmcnt--we ought TO have
relied, IN order to be consistent aitcnetber ,no, b
tic opinion We should, therefore, on general princ;
pies contend, that the Legislature had the right TO s
Peradd to the judicial Office at all times and on nil
od9onS "hen he exigencies Of the public and the in-
Oh Tie people required it, any duty obligation or
cohaion' which the constitution does not explicitly or
oy PLAIN and evident implication forbid The ssbeneft
protection and security of the commun,yn beino the
universally acknowledged objects for which all udicaI
tribunals are erected, the Judge who accents com
mission, accepts upon the known condition attached TO
IT, 'hat when the convenience interests of the people
demand IT. he sal submto their will although he NAV
ID Tue language of Judge Roanc sustain some loss or in
convenience The convenience of the Judge is to Weld
to tue public CONFERENCE.-The private and personal in
eFeSs' to the greater interests of the peoples and we
again assert that the idea of the independcnce of the
Judiciary being assaulted by law which insists nnon
Judge residing at particular place is too ridiculous to
require serious relutation. Does the Legislature
drive the Judge from Office: Does it impose on il
to that Office Does reduce his salary or yitalI,
"ect tue tenure by which he holds his Office BY enact
ing law prescribing lis place of residence On the
contrary, not the general convenience and interest
promoted by such ac Does it not make Inc office
answer the end Of its creation the benefit of the
nity. When receives the commission Of = JuIge
lie should discharge the duties of his Office in spcl
way as to advance the great objects for which it was
des'SncG and not cautiously Insist upon has rights as II
were established only to confer ham the privilege OF
dF%'" in9 y stated salary every quartcr-day
" shall furnish few other specrn OF the sspeti
to PrinciPf" or begging of the question: and then
shall conclude our remarks this branch of the arru
ment. CATO observes "that the condition on which
Judicial power is held under the Constitution is an
ample security for faithful exercise of such power as
The people have judged necessary and as comprebeD
siVe for its objects words can make it: what more
could, in be required OF him who is ip;rustcd
with Judicial power, than faithful performance of the
judicial duties incident TO that trust THIS the Con
suton has made the only condition on which the con
tInuance OF that power depends" This passage very
modestly takes oi granted two things, neither OF which
is true Itassumcs that the Legislature can impose on
Judge no duty, not purely of a Judicial character
How then could that department direct the Chancellor
to hold Court III Lynchburg, and sit therein speci
fed timer 1t may he a judicial ol,fy TO hold =
Court, but according to the light shed on the sub
ject, tho Legislature would have no more right TO pre
scribe that it should be held in certain place than
that tue Judge should reside in a certain place: and il
also assumes, the very question in dispute that if e
Legislature enact that Judge shall reside in Rich
mond the lew IS unconstitutional. He also begs III,
question when he remarks that ga law prescribing
place of residence to Judge is unconstitutional ant
void. II IS an exercise Of Potgey the person Of
J,dge not delegated By the Constitutions and suJuersg
gf The principle Of The Independence Of he Judcid,y
Other instances might, if necessary, be produced, bu
We consider il entirely suPerluous.
| Lctu proceed TO illustrate the "argument1r
alb iuvdia ductum" the principal excellence of which
consists, informed by those with school
logic, in impung drecGyor by Dsnuation 10 an adver-
sary impure, interested bad motives or BY exposing