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

the judiciary would not acknowledge the exls-
tencc Of the power, than under any real state of
doubtful opinion; and upon this branch of the sub
Ject, due weight had not been gwen 10 Il maxim
of early institution in the practical operations of
the federal constitution, and under the adminis-
tauon % pure salesman, and distinguished fra
mer and expouuder oil that instrument, to wit:
that in reference TO doubtful pare OF the con,-
luton, a legislative construction may come with as
much Propriety as that of any other department"
Would IL be too much 70 say, that in the case under
consideration, the instruction OF the Legislator
would stand under more imposing attributes OF
son and authority than that OF the department
whose organization was TO be effected without re-
gard to the personal wishes of its individual mem
6ers! He did not mean that any thing proceeding
from that source should have more than a res
pecttul consideration He saw SO distinctly the
nature OF the question involved, that he could
scarcely be overpowered by authority, and he
pressed the positive argument arising out of the
spirit OF legislative power, upon those who, whilst
suenuouSsy contendlng against the supposed ex-
emption OF the maximum of authority do, in fact
upon the theory Of their opinions reduce the vigo-
representative faculties OF the legislature TO
clumsy exercise OF the minimum.
But, said Mr.. G.. the gentleman from Mecklcn-
burg has male an ingenious application of the rules
OF pathological criticism 10 the part OF the consttu-
lion which reads thus; "The two Houses of As
sembiy shall, by joint ballot appoint Judges Of the
Supreme Court of Appeals aud General Court,
Judges in Chancery, Judges of Admiralty, Secre-
tary and Attorney General TO be commissioned
by the Governor, and continue in Office du-
ring good behaviour; now, sir, il is proposed TO
supply the ellpsis Of language, by reading this
part OF the constitution with the word :" and'' in
serted between each one of the subjects of the
appointing power: l concedc the grammatical
structure OF the sentence 10 be as the ingenious
debater has stated; but the meaning OF the consti
tuition can undergo no change, by supplying a
word, which Is already understood as a member of
the sentence; being implied in the reading, it be-
comes as much as the symbol of ideas as il ex-
eiessed. Ii is impossible TO vary the state of the
argument by verbal critcism;he proposition which
is comprehended in the idea of Unconstitutional courts
and Judges, enlarged into the notion of tribunals,
clothed with vested rights of jurisdiction, with
powers OF action Independent of the legislative
will, amounts TO defeasance of iite too extensive
Tor the contemplation OF legislative duty or repre-
sentative responsibility Even in the closest medi
tations oil those who hove looked 10 the judiciary
with more than ordinary political reverence this
enormous conception has not had place; il re-
manned for the judiciary" themselves, to coin the
spurious notion in the mint Of their own egotiSm;
they have done so, and in so doing they have fur
nlshedssome reason why should distrust their in
iallblity, when judging in their own cause; il is
but moderate, TO say, they have greatly traduced
the rational design OF the constitution, by dedu-
eng from its letter an authority to depose the le
gisiature, from whom at least the people had ex-
pected various and important duties, high and res
ponsible acts. He said, he must be excused for
rejecting mere verbal criticism; he should require
priori in its force and reason, before
ne could consent to erect barrier against the sa-
lutary power OF the Legislature, formed from mate
rails so uncongenial with the science of govern
inent as the technical distinctions of the legal pro-
iesslon 1t was serious point to be settled, aud as
an important exception TO the general grant of e-
gislative power, the argument must exalt itself
upon basis OF reasoning more interesting and
more profound, than any thing to be drawn from
vic fba ipjfc
as potential power, receiving the essence of its
being from the very exercise of legislative autho-
rity; its life, its action, could alone come into ex-
istence and expand into practical usefulness under
the ViYtying influence Of the legislature, but he
had to learn his lessons of political science over q
gain. or rather il would be necessary TO FORGET
what hac been taught him, in the happier hours
oil his being, when unconnected with the exciting
influence of political causes, il was his pleasing
duty to examine the nature of these subjects
Now, new and Imposing view Of the judicial or
ganizaton of courts, broke in upon his mind thro
the lattice OF pr0feSsi0HE id,D iedIning and sure
~ II those who raised up so triumphanty for our
unwilling admiration, this bold schems of Judi
cial power, were conducted by the good genius of
pure and scientific research, ii would be their fe-
Lefty 10 have pointed the eye of reason 10 the con-
OF a political phenomenon; but, he could
not so construe the constitution; the precept il
gave was general one, 1.-The cases it put were but
out lines, OF system OF administrative Justice: If
up the particular courts called for by the consti
tuition, as tribunals in which the rights of iurs-
diction were TO be found vested, and bidding de-
nance to the power OF the legislature: yes sir and
that beneficial power, which makes this repre-
sentative body to be regarded as the guardians of
the public welfare. He did no, think such was the
desig n OF those who founded the governmental
was nothing less than 10 give existence to Courts
and Judges, with power 10 control both general and
particular acts of the legislature, emanatng from
IN i,f
Of political responsibility could raise their charac-
ter. Upon the theory OF the judicial rights of iu-
the right of the legislature to declare
what Is required by public necessity is taken a.
power which, in the hands of the re-
presentatIves OF the people, was intended TO ope-
rate upon the accruing wants Of the community.
ana to pursue the varying aspects of society," was
10 be met by mere technical ideas of Jurisdiction
Upon such scheme Of professional illusions and
the power OF the legislature to orga-
lze and remodel the courts the country was
10 be questioned and denied. Ifthese important
particulars, which include so many and so various
means OF promoting the welfare of the whole COM
nun'ty, are 70 be excepted out of the constituto.
nal powers Of the legislature, they could not be
property held responsible for any of the serious G.
iils now eXis;ng-if, when a duty is imposed upon
judge, he can rghtlully object to its proper dis
,hTge, because he cannot associate it in a tech
meal point OF view with the court in which he
1resides, a question would ari Sc OF a novel des-
one Of the courts might possess
his technical capacity; it is, say die judges (and
others copying after the Judges vested right
aud its prosumable, sir, That the power of this
Judge would extend to the appropriation of the
iuty Of executing the law to himself, He said
he was aware that those who adopted the no
ion Of vested rights ofjursdciion, supposed the
were only laying down a rule for the government
9f the legislaturc,n distributing the Judicial powers
and duti,s-lt mu be remembered, however, that
vas not thai plain rGie Of common sense by which
LIrt.I III. L..