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

Irrespective IN ITS operation. Such pretension Would
destroy the usefulness, if the very existence of the
Legislature.
The Chancellor also quotes the authority of Presi-
dent Pendleon, whose language he PAS clearly rnista
ken Judge Pendeton remarked that retrospectye
laws, usually termed sex post facto" Zone class of re-
Prospective laws, that is such as declare prior acts
criminal which not the time they were done.
or another class of retrospective laws) which either
impair or give new and important force to existing
contracts or Obligations, contrary to their situation at
the time they entered into "are against the pripc
pies Oh natural justice" The Judge evidently
speaking in reference the two classes of laws which
Tie States are prohibited from passing by the Federal
.onstitution vz-those which are ex post facto and
those which impair the obligation of contracts The
chancellor too lays peculiar emphasis on this language
oil Judge Pendleton, if were decisive of his case
In what respect has the Legislature impaired or given
new and important force to The obligation or contract
suosIsung between 1t and him? BY calling on him .,to
reside In the city of Richmond? Surely not; for from
'ooo the time OF his appointment to 49, he remained
III 'his CITY, as the Act of of 1901 required. Did the
ACT oil 1913, impair or give new and important force
10 any obligation contract of hisa Unouestionabv
no fort merely continued in force condition of which
The Chancellor when he accepted his commission was
J"y aPrSed, aud which for nearly seven wears he did
not hesitate or OBJ ect comply with The Act ofl81s
uoes not as we have already remarked impose anv ne
condition, ut does not give any s'new and important
orce' TO existing obligations or contracts but spply
calls on the Chancellor discharge an .exis,np obi
CATION or contract" with good faith
we are aware however that il may be sail that the
D'ahceor IS member of coordinate and indepen-
oent branch of the Government and that the Lepsla
lure has no right 10 point out the place at which he shall
reside The ingenuity OF partisans is on all occasions
much more astute than that of the individual whose
cause they espouse. Like our neighbours of the En-
qu'rer' whom intend especially to notice as socn =,
e'f 'odf ddc'Ser completes his series of interesting
anu sniy hhished essays or the Georgia Controver-
'S' 'ney generally discover overpowerinr obac
oN' vi winch Their principal relied, either be-
cause they did not 10 reality exist or were ,houobi
worthy OF beng mentioned This argument il should
DE remembered proves too much II nrovcs t>,,t tho
Legislature las right even TO impose iudc;, drty
on the officers OF this department. after their ar,o;t
''eh't proves, that matter how great and pressing
may De The necessities of the citizens of this Common
wealth. no reefcan be administered; it proves tt
al
Neeahan no matter how much the public interest s,f
e'S-no" much tue public convenience is sacrificed
ey forget the.o rational distinction which If is o
torrance 10 recolec The Legislature by no kind
W laws prospective or retrospective can impose on
'uuge G"'eS incompatible with the duties of the in3i
c'al Dce Ii can not demand ohim decision or opinio
on questions of law not judciay presented IN HE ron
SHERATON But all Offices are created in RenpbIic,
Governments for the benefit of the com,nunitv and ne
inc administration of Justice is one of he GRAND bect
lot which society was originally established every thing
at Is calculated to promote this desirable end is
less IN direct contraveDtion to some express article of
Tue constitution, completely within the pale of the
'hory Entrusted to the ordinary Legislatures and if is
impossible for Chancery Court to fulfil The DESIGN Of
It's creation, unless power be somewhere Iofped 70
compel the Judge of that forum to fix his residence At
some place equally convenient and accessible o all
of tie District.
But it may be asked, that if the Chancellor should
refuse 10 o0ey such law, and the General Assembly
were LOT 'hS violation of duty, to mpeach and remove
nro his Office would not that ta,c be- its operation
eT PostJacto? Assuredly not and reference TO the de-
milton of &c post tcto law will remove the SLIGHTEST
shadow OF doubt that may remain on the mind Amer
posi- J0cfo law, makes act punishable which when il
was committed, innocent or Indifferent in itself
What act of the Chancellor, nnocent or Indifferent,
when committed" is declared to be criminal offence
by law requiring him to reside in the CITY of Rich
mono" The Legislature does not enact that The resi-
dence OF the Chancellor at Needham before the PASSAGE
OF the law, is crime violation of duty, which shall
SUBJECT him to impeachment and removal from Office
IL does not punish act already done 1t only com
Hands that in future a certain act shall be e,forBed il
requires that after the passage of the law the Judge
the Richmond Cbancery District shall locate himself
HERE The act is therefore entirely prospective
and not retrospective in its operation, aud is equal
y az valid law would be which made par.
cuiar class of cases heretofore cornjzable only in
the Common Law Court, the peculiar subject ofEoui
table jurisdictions Should the Chancellor deny the
right of the Legislature to transfer those cases to
Court Equity and decline obeying the law altough
'oas Passed s"bsequcyto his appointments he would be
Lee of,,,o n.