Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-04-15

erese of all tne jurisdiction, thrOwn iuto Il, by tue
distinctions of common law and chanccry--0rigi-
nal and appellate jursdction-S could also ref.
10 exercise any jurisdiction, required by legisla-
tive authority not coming up TO the nature of the
jurisdiction forming e. technical resort OF the par
ticular coutt-Could these vested rights pt juIi
dic,ion. operate against the power of the icgisia
ture TO diminish enlarge the powers OF particular
courts Could they operate against the power OF the
legislature aiming to break down the wall Of sepa
ration betwe the legal & equitable tribunals They
had not operated in the organization oil the old
Couri of Appeals, since that court composed of
the Judges ofthe Chancery-Common Law * Adj
miraty courts, SO i'll the act establishing Chan
Gerry Court, in i777, the trial by jury engraft-
Gu upon the general practice OF that court, not 10
be dispensed with except by consent oil PARTIES
this court, and the court OF admiralty, furnish e.
qually e$ly and significant Legislative construc-
lions OF the constitution. Our ancestors did not
then regard this subject in the point of view now
contendcd for; they shew by their immediate ex
position Of the constitution, different intention; il
il had been their policy to regard the courts with
eve TO their arrangement into judicial provin-
c, and each Judge to respect the verge of legal
empire assigned by the constitution s this principle
to govern the legislature, surely they would have
organized the first Court of Appeals very difie-
renty they would not have given Common Law
jurisdiction of the most paipable nature 10 their
first Chancery and their FIRST Admiralty Court
Mr. e.. said, undoubtedly, it of the most
essential parts OF an integral legislative power,
which involved in the passage Of the bill: 1t
was no less than the right of the legislature pre-
scribe to the Courts their sphere Of action. Was
not This right necessary complete the important
ends of governmental institution and to enable the
legislature TO carry into execution such laws as il
might properly pass? The power which these
vested rights of jurisdiction of the courts would
bear, as a restraint, a primary Legislative pow
er il was OF an original nature, and its exer-
else at some former period must have created all
courts in the Comnonw ealth, and impaired to them
their powers of action all judicial power must be
dependent upon the action of Legislative authority
for its powcr of operation. icvas power existing
only in potency, until called into exercise by the
laws of the land; TO say them that the legislative
power, which is 10 the iudicature, the sole author,
the vital spring of its action cannot rghtiully dis
tribute jurisdiction, with view 10 enlarge the
powers and duties of some Judges and lessen those
of others, is to assert solecism in government
1t is, sir, to make the creature give law TO the
creator--it is, in fact, to elevate into superior,
that power which, in its very essence, occupies
grade OF permanent interority, resulting from the
nature OF things, which 10 human ingenuity can
alter. He said, that upon the whole theory OF civil
government, the Judicial power was but an execu-
tive branch and ministering agent TO the legIsla-
tive authority, and from this authority it must
consent to derive the rule of its action. part of
this rule Is the law which prescribes the times and
places of holding courts, and what powers shall
be exercised, as we'll as what duties shall be per-
formed by these courts If the position assumed,
in opposition 10 the bill before the House, could
be deduced legitimately from any part of the con-
stituion, he would not hesitate TO pronounce that
instrument fatally defective and destitute of proper
means of salutary operation. 1t could not be
inferred from the precept which appealed to the
legislative authority, in the language OF general
requirement, calling for the different Judicial pow
ers, necessary TO form whole system Of adninis-
trative justice: because, sir, there is express
straint upon the legislative power; there Is no at
tempt TO describe the mode Of the judicial institu
ton, further than to fix the mode of appointment
by joint ballot.
I.iir. Gregory's Speech to be Continued