Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1826-02-24

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OF the general court should be collected How we're
'hese dihculties to be surmouned, When the election
came MAD not members the constitutional right of a
iautude OF selections! Could they be compelled to re-
elect the fifteen Judges of the general court or couId
Judges be elected by act of Assembly?
! Mr.. Taylor examined the of Kemper and Hav
ki'is w it'll reference 10 the blending OF the two rsdc
ions IN the same individual contending that the ind
ges bad not decided Automatically but had i'm fact er
he question open But what TO be done viii, the
unanimous rcmons'rance of the ten Judges of the
court ot appeals in 1888, against the bcnJrrr of chan
Gerry. common law aud admiralty ursiicton, We
The opinions of the three JUICES the case of Kepper
ana hawkins. to outweigh this unanimous reruon.
STRANGE even if ii was. what it represented 70 be2
| Having stated his constitutional objections Mr. T.
proceeded 10 detail others that he had 10 the bill lie
uh not believe expense would be diminished TO sutors
ne ociie'ed II would be quadrupled. Commissioners
M (hancery must be multiplied and expense muet bc
proper tionably augmented. We were told that tere
would be no difficulty the the Judges rens mo-
10 accept the conditions of this awtat the addition TO
lheir salary, would place this beyond doubt For one
| Mr. T. believed that they would not execute it-be did
not oeieve that single one would consent TO the
'"1,ee we were ihen legsiating upon uncertainty
we were asked 10 pass a law, which was mil #
single Judge refused 10 under it, Could the Judpes
De coerced: Tins was pretended Suppose the bill
10 pass, and the Judges refuse execute IL Tho cop
sequence was that there would be Courts at all
mere would be n. General Court, but no Court, of
Chancery or Circuit Courts. This would be end, rine
the condition of the country equal but in way tina,
he was not willing TO adopt This law not to be IN
|
mise stoned before that tune The consequence would
be, that the Judges could not hold their spring terms
MIR. IN conclusion said we had been too much fas-
cInated by the idea of carr, ing Justice home II, cv.ry
mans door, he believed the law unconstitutional in
various respectable believed that could moi be exc
cned anu that 1t was al act OF vain legislation Inn
| polite.
MIR. Edginsion followed in support of the bill He
believed that sooner later the system must be aont
eunat The present sy stem was radically detective aud
mat The sooner we threw il off for the proposed lie
limit nn- fI,,t,T III
ITS policy however good, must fall TO the ground, MI
r. proceeded TO reply to the objections of this
char &C err which had been urged. After providing that
tie Executive, Legislative and Judicial Departments
oi The Govcrnmon should be distinct, Mr. E. commended
that TIC Whole Judiciary STEM organizations pow
ers distributions of powers and numbers of Judges had
oeen ie ny The constitutions at the entire discretion
the Legislature. He denied that any clause prohibited
the blending of Common Law and Chanccrv Jurisdic
on, and conraseh our Constitution in respect to the
judiciary, with that of the Federal Constitution. In
The lowest and the highest Courts of the State the in
jurisdictions were and always had been bIen,led-nay
there was an union of Chancery Common Law and
Criminal jurisdiction. Examining the case of KEN
per and Hawkins, MIR. T. rc5uEed the conclusions
drawn by Mr.. TAYLOR, with great Ingenuity and con-
tending that if Criminal and Common law Jurisdiction
were ue'deu, AS IL was IN some OF our Courts, there
could be no Office ion TO the union Of Common Law
ana hancery jurisdiction. As TO the Judges not ac-
ceptIng, he Said that a e. auitous assumption
ihere was no reason to believe that they would not
accept. Mr. E. proceeded at lenrtl to state h;s
reasons in favor of the bill.
Mr. Campbell moved TO reconsider the vote re;ectpp
me iyder t.? had voted against it without due reHec-
tom He believed that lis adoption would remove W
many all obIo@tions TO the bill The LEGISLATURE wnuI
be III session at the timeif was onnd necessary ;he
law could be repcalc,.. In the mean ine the subject
would be under the consideration the public and Tho
Legislature at that time would under full know
ledge OF popular feeling. The ryder in the ioowin
words-"That the bill shall go operation from and
after the st Jan. 1897" According to an existing law
the bill if passed without the nv der would po into no
ration on The 1st April
Mr. .n1crde supported the motion TO reconsider the
gSuer WIN inc view OF Offering on amendment it
Inc present bill, he thought abolished the present Cir
cut ourts and Chancery Courts. without any proY-
SION IN the event of the Judges refusing To execute it,
lie offered an amendment 20 the follow ing feet and
oy way OF subsiitute-"Pr0vided the 9th section of
this act and nothing therem contained shall be con
srued TO impair the powers and privileges of members
IN ecctng Judges. other ofliceIs-and that the pre-
sent Courts shall continue until the Judges of the Cen
era Courts and of Chancery shall notify their accep
lance of IFS proyisons.n
MIR. W'ts0n thought the amendment entirely unne-
GeSSary' Tue 9Th section could not operate until the
Judges were coDstitutionaIy elected.
Mr.. .facrae replied, contendine that though the
i't section required the Judges be appointed consti-
tntonaliy yet the 9th section required the present
Judges to be commissioned. We might therefore have
double set of Judges. He was friendly 10 the oh
Jects OF the BILL and he wished it as brand from
the burning, from the destruction to which il was con-
signed by the 9th section.
Mn GjtotSon opposed she amendment offered by Mr.
Macrae.
Mr. B'act6u'7l declared himself opposed to the ry-
der, the substitute, and the bill.
Mr. DNnton moved to postpone the whole subject in
definitely and called for the ayes and noes which was
Fl supported.
Mr. Norris of Wood, moved that the House adj
Journ Negativcd.
lhe question recurring on MIR. Duntors motion Mr.
Ouac'ac proceeded deliberately 10 discuss the substitute
offered by him to the ryder--concndinc that il present
ed the only means of constitutonaly attaining the OBJ
ton.
Mr. Blackburn though opposed 10 the bill oproscc
us PostPonement experimenting this mode of Lcgisla
ton.
Nlr. Waf&as of P. Edward, with view 10 afford
Tune Tor the discussion of bill important moved that
The House now adjourn. Carried, ayes 116.
ON ACKNOWLEDGEMENTS from the Semitic
me Senate have passed the following bills l. Authorising
the Courts of certain Counties to provide mode OPEN
4 ing and repairing roads, and building bridges therein;
- Refundng money William Broadus; 3, Concerning
the heirs of Thomas Carter.
They have rejected the bills; l, Aboshng the Board OF
Public Works; 2, Concerning David Rhodes