Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-02-14
VIRGINIA LGGIsLATURE.
HOUSE OF ELEGaTES
CIRCUIT COURT BILL.
Speech Of Mr. Ns,r,o,,

Mr.. Newton said, there was no member of
tlat House, who entertained a higher respect
for the principles OF the Constitution than he
did. There were none, who on proper occa-
siops, would defend them with more zeal There
we're none who protested sincerer yeneration for
the dignity of the bench, or who would 90 further
TO sustain its Independence. And if he could
perceive IN the passage of the Gill.any of the APP
paillng consequences apprehcndcd by its onno-
nents-if he could perceive that the prin ciples of
he Constitution were to be volated-tIle indie
pendence OF the Judges 10 be destroyed-the in
tclectual light of the bar and OF the benc h dmmed
ifnot cxtnguithed, he should be the last member
OF that House, togiye TO this obnoxious measure his
support But, a. he could not perceive any of
these unprecedented dangers he hoped to be allow
cd TO differ in opinion with those gentlemen and
10 be pardoned for expressing TO the House the
views he entertained on this important subject
was astorished, sir, (said Mr.. N y in listeninp
to the argument Of the gentleman from Amherst,
lMr. Thompson,) to find, that in constituting the
Constitution of Virginia, lie referred to the rules
OF construction adopted for the Interpretation of
the Constitution OF the United States. Is there
any analogy, sir, between these two instruments;
Has not the discriminating mind of that gentle
man, perceived their distinguishing characters
ticks! hat the one, sir, Is federal compact, be-
tween independent States, abridging in essential
particulars the sovereignty of those States and de-
irving all its powers from specific gTdntS-1'he
other, social compact, not containing Il grant OF
specific pOIcerS, but intended to settle merely the
form OF the State Government, and 10 secure to
the people certain nalcnable rights by limitations
upon the Legislative will? That in a word sir
the Federal constitution is grant, the State Con-
stiiution limitation Of power.
Ii follows from the different nature of these in
sruments, that different rules should be applied
III their Interpretation. In the Federal constitu-
ton all powers not specifically granted are denied
In the State constitution all powers not denied may
be legitimatcy exercised.
Let US, sir, apply this principle. And il we can
q. IL, al ga.
which either in direct terms. by fair inplica-
ton, prohibits the passage of this BILL il is fair TO
cOnc!Itle that the Legislature is free 10 exercise
It's dissection upon the subject is there, then sir
ia this instrument any thing which, according to
proper construction prohibits the exercise Of this
20" CT?
The opponents Of this bill rely upon the 18th
Section Of the Constitution ~ denying this power
That section provides that The two houses
OF Assembly shall, by Joint ballot, appoint Judges
Court Judgesin Chancery, Judges of Admiralty,
Secretary and the Attorney General, to be conn
itissioned by the Governor, and continue in Office
during good behaviour. In Of death, incapa.
city, or resignation the Governor with tile advice
OF the Privy Council, shall appoint persons to sue
coed il Office" &C.
Itmust be admitted by every gentleman who ha,
reads th clause Of the Constitution, that lis phra-
seology is extremely indefinite, and that we need,
IN its construction all the aid bat can be derived
from contemporaneous history, from the context
and from the reason and spirit Of tire instrument.
With the aid Of the lights thus afforded, Mr.
" prOceeced to interpret this clause ofAhc Con
stitUtion. lie asserted, that this section was not
intended TO organise separate and distinct judicial
departments, is contendcd by the opponents Of
this bill, but was intended to designate the two
Houses of Assembly, Gn exclusion Of the tx.
erutiye) as the appointing body, and Joint ballot
as the mode ia which the Judges are TO be C.
lected.
MIR. y said, he should maintain the correctness
of this coDstructon-lst, from the language Of The
clause itself-2d, from contemporaneOus history
and Sd, from the reason and spirit OF the instru-
m~nt. Let. Sir, from he language oftbe clause IL
sef, e" Fhc fco Houses Of assemJiV, shall BY
j0int ballot, appoint Judges, &C" Now, Sir, IL
tbc trainers OF the Constitution had intended them
se'oss to organi1e separate judicial departments,
they would have done 50, not ia the clause pfov-
ding for the appointment Of the Judges, but in
separate section II they had intended TO require Of
the Legigioture Tie performance Of this duty, the
piirascOogy Of the clause would not have been
The Nc0 Houses Of assembly shall, by Joint bal
lot appoint Judges, &c" But, il would have
been, TIE LegisldtuTe-not by joint 6G1of-but
bv dst If dssembly shall not appoint Judges
but orgdnisca Court Of Appeals General Court,
ant Chanccfy Court. But even admitting for
the sake Of argument, that thc words shall b.