Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-02-21

~ bdSN w source pOluCGl power,
for an enlargement of their authority, if such Gu
largement be found necessary, than 10 weaken OF !
break through the barriers thrown around the /.
rights OF The people, by exercising powers never
intended 20 be conferred. Where doubts exist
the people arc the only competent authority 10 OK
plain them.
Applying this rule them Mr.. Speaker, 70 ,he bin
bstor. the House, J call upon every gentleman
whose mind Is not entirely free from doubt, as 10
the constitu,ionalty Of this measure and who
acknowledges the authority of this rule 10 act in
obedience to it, by recording his vote against the
bill. For myself, SIR, not only doubt our au-
thority 10 pass it, but anu satisfied that we are
directly ana clearly Inhibited by the Constitution,
iIom paSsins, II.
In looking into the Constitution, we find that the
most marked characteristic by which it q disin-
guishcd, Is the principle II citcciS and balances
that pervades the whole instrument. | have ever
admired uis feature oil our Constitution, because
OF The beauty, order, and symmetry il irnparts TO
the Whole structure-but, sir, confess [ have
never learnt duly to appreciate its rGi,te until the
present moment. look To it as the only means
OF saving us from the diteih nischieis with which
l conScicntiously believe tits measure TO be
iiauset. The iusirious men WHO framed the
Constitution taught by history, the danger of ac-
cuinuldting too inucii power in the same lands
and aware OF the Proncness OF man, not onlS to a
buse the authority with which lac is iutristed but
ever TO grasp at inorc-aid the foundation OF the
government they were about to erect upon the
broad republican principle that political power
should be distributed among various agents, who
Should act as checks and restraints upon each
other Thus, sir, find them not only csabii shinp
three great coordinate departments OF government
the Legislative, Executive and Observation-Disclosures
dividing each OF these again into smaller aoinents
OF power. Even the Executive auihority-under
almost every other form OF Government on earth,
cenreing Tor the most part on a single individual
is divided between the Governor and eirrbt
councillors, without whose assent he oanuot ex-
eFcse soiitory power, even the most insiguiii-
cam: ana Tins House, too, sir, although the i'm
mediate representatives OF the peoplc-iiom amonc
whom they are annually chosen, and to " HON
lhey annually return, 10 give an account of their
steWardshlp-is denied full and complete Legisa-
tive powers, and is checked, and cufbed, by a CO.
ordinate branch of the Legislature, without who .
sanction, no Act OF ours is valid
| Can we believe then, that the Jealous and watch
iu vigilance that so carefully guarded the rights
ana liberties OF the people from encroa chInent bv
| an executive OF tho most limited and nigpard
iomtrS' ana oy House oil Delegates enanating
immediately from the people themselves, would
nave been lulled TO sleep ia arranging the author
ny oil the Judiciary-the least responsible to and
the iariheSt remove from, the people, of ali the
departments oil the government: If our fore
idthefS remembered that there were sucb i,e,r
pers and deSp0ts in history, rs Caesar and Cro,n-
well, they did not forget that human nature had
Oeen dissrdced by the production Of such vile mr.
creanis as Scroggs and as JeIerics Sir if this
sautary principle of a subdivision Of poyver conlJ
constitution, surely ii would have been in relation
+ TO the popular branch of the Legislature whose
Term OF Office is shortest and whose accountability
q IS The Sfi7eteSt-and not in relation to the Ju-
o1 . VINO are not even elected by the people,
and whose tenure Of Office is during good bebo.
Vlour-in other words, sir, Jor iife.
NOW, sir, IL you can unite two Of the Courts de-
slgnated By the Constitution, and amonp which
tne constitution intended TO distribute the Judi
ciai Authority 10 be exercised in separate and dis
uhct parcels, You may blend al the Courts of the
commonwealth in ONe. And what then heco,nce
oi thIS inestiinabe principle of checks and balan
/ ceS: II Is Gone-uttcrly annihilated. REASONING
nom analogy therefore, we are brought 10 tI,e ire
eyitabie conclusion, that the fa,ners OF the o..
Sllluion no more intended 10 make the Judicial
ONCE one and t7ldigiSSJie, than 10 concen,e IN
/ EXECUTIVE Authority in the Governor and all I O.
elsiauFo power III The House Of Delegates And
we snail sec hereafter, that this inference is fully
borne out by the plain and obvious meaning of he
Constitution itself. But before proceedin,r to co,
nent ola those parts of the Constitution that bo,.a
an immediate bearing on the question we are dis
cUssihS' peg leave to notice class of arguments
Inuch rehed Oh by the advocates of this bll-tI,ose
| mean, SIT, founded upon the authority Of precc-
dent. - P'0N'
The friends of the measure seem to attach
great Importance to the Act Of '79, which cons,i
tu'eu the Judges OF the High Court of Choncer,,
General Court, and Court OF Admiralty. iuIoee ~
the Court OF Appeals. They urge too ipoH the
a%ehuon OF the House, the law establishing a
NOuI' ioF me District OF West Augusta and that
oppohuhg the special Court OF Appeals They
quote these several Acts in tone OF tri,Iu,Dh a.
aiioFdlng cotemporaneOus exposition of the Con.
"utution altogether in fayer of the cons;ruction
winch thcy themselves put upon that instrument
/ tIaFtnG learnt, Mr.. Speaker, from what I don,
me highest authority in politics, (the immortal
cciist SOM ihat " one example in favor of power
Is OF more potency than an hundred AGAINST II ;,
have long looked with distrust rDon all arcn.
,het's derived from precedent; and / confess, Sir
That my respect for this kind of authority IS inf
! mtely iessened, by finding some of the ,corst
/ measures OF bad administration ATTEMPTED TO he
sustained, by referring TO examples To- he mel
with IN the pure republican days of jefferson and
o. MADISON. IL such names as these can be quot
ca as autHorl'y Tor free and latudnous interpre-
/ Cduoh OF me Constitution of the United States,
Tor what daring and unwarrantable stretch Of
power may not precedent be foundil
. In the conduct of political affairs the acfs and
! opinIon5 oil those who have gone before us are
IN relation to qucsfions Of CrDedieacy entitled ~
me fullest and most respectful consideration
SUcH eases, sir, they are - Philosophy feacii,, -
ezanple;' and, to disregard the lessons fI1eg i,,7
cate would DC to shut our eyes against the lirhts
Oh experience But, ia questions like that we are
now discussing, must De excused for uttcrlD de-
hylng the binding authority Of precedent yhcfl,.r
presented IN the form Of Judicial decision. or Of
an Act Of an anteccdent Legislature. We are
c'l!eu on 10 decide a grave question OF constifu-
tutonal poWer-a question which ,nskas H.
rect appeal 10 the conscience of every ,'c,tor = {
ms House, ana which each must decide for him
sell, according 20 the best lights he can obfain
ana according TO the honest sucrcsiiDus ~ III
Judgment. Ia matter of this sort sir canno,
take the convictions Of any mans conscience as
! me guide oil my own. However I may respect
ana yenerate tue virtue and the wisdom Of thoee
VINO nave preceded US, cannot consent To- ritr,er
der fuy conscience 10 tLcir Leopi,o