Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-04-18
VIRGINIA LEGISLATURES.
IT. Grcgorg's Speech an the II. Of Delegates q
the Circuit Court Bill.
tcoNTIGCED.I

IcoNTINUED.I
This authority to establish judiciary is, as il
regards the Legislative power, a special endo,r-
5aent of the Constitution and distinguishes the
spirit of that instrument, in its confidence and re-
pose under the salutary operation of the Legislative
power, spEinging from the bed of public opinion
we are now required by those who in respect 10
The constitution, profess to doubt our power. al
though exercised in reference TO a subject spe-
cinfy taken from the Executive department.
where, upon general theory, il pro2crl; belongs
and particularly bestowed upon the Legislatures
without any express restriction; we are called
rpcn TO infer restraint upon principles of mere
technical form; and, under the Constitution these
forms are to be made to legIslate upon the various
subjects OF judc;a, duty, SO as, in fact to circum
scribe the future action of the Legislature, and
!eaye II destitute OF the attributes necessary TO fix
and secure the confidence aLd respect of the COM
rnunity. II is, indeed, u case of mere technical
form, which from the Of Courts sets I'D 10 he
part oil the fundamental law, and which, il per-
United to coalesce with its theory, would inevita-
bly, render impure the free spirit in which it wa.
conceived, and sensibly impair the utility of its
whole design. He said, his mind reyolted from
the idea; he had ever regarded the Virginia Con
sisuuon, IN ITS early and noble bearing upon the
liberties OF the people, flowing from the agency
OF mind; he looked to the period and circumstau-
ccs OF its institution for lis spirit and he viewed its
founders in the light OF illustrious patriots whose
functions had been in operation unclogged by civil
appointments, and that they had designed TO sur
round themselves aud their posterty with the ben
ctlciai monuments of their own surprising genius
lie regarded the language OF the Constitution as
conlerrng upon the Legislature the whole power
Of organizing the Courts, ad libtllm the exercise
Of this power at tho sound discretion of the
Legislature; and the Legislature in applying this
discretion would be regulated by circuInstapc COS
connected with the wants and interests of society
can It be said that what would cornDorf with
the public welfare at one time, could be as
sumed as its proper basis ~ another con-
sntution can only provide and ordain the great
principles, and these principles should form the
gronndwork OF all future legislative power exer-
eIaed under the constitution-the nature of this
legislative power partakes OF the very nature of So
cirty And what is society? and where are we to
look for its existence? Is not society formed of
those new aspects which spring from the attributes
OF human genius! Are rot these attributes, moved
by the passions? From the necessary agency his
faculties man assumes new and various aspects OF
social grade and character, and bestovs the very
society which he enjoys. Ii is thus that new
views accommodated to his advances in the pro.
E:esslye career OF improvement, and new interests
assuming all the forms Of experimental power, en-
terprizc and moral worth, are ever presentinr
themselves as subjects oflegisaiiye authority: and
1t IS upon this Interchangeable law Of his nature as
sumed as part OF his social and political destiny
that the theory Of natural rights IS raised Iv true
philosophy; and thus it is that he demands 10 be
protected in the possession Of these rights which
are the distinguished acquisitions Of his moral ad-
yancement Now sir, il is clear that the. povcr To
authority acquired by the improving state of socie-
", and the Constitution would be very defective
had It's provisions fettered this power so necessary
10 sustain and 20 keep ia operation the whole sy;-
fem OF government When The words of thi4 in.
stTument arc taken separate from technical ideas
the plain meaning must be an obligation upcn the
legislature 10 provide Court, Of a particular de-
cFipion; these Courts 10 be created by the Legis-
iaure, and The Judges 10 be appointed in tie man.
ner prescribed. Who can say that there xisfs anv
spccihc restriction upon the Legislature as 10 the
manner IN which IL may properly perform this
duty Upon what system oil reasoning can IL be
proved that the Constitution has desirned That
the Supreme Court of Appeals should not propers
iy obey the law when il shall, in addition TO any
appellate Jurisdiction impose duties recurring the
exercise Of original jurfsdicton' There is no psrt
OF the constitution which can be understood as
giving to this court, when organized exclusive in
risdiciion over the whole mass of appeals rfts Of
error, &c. &c. 1t is tic Legislature which pro
ydes the Court, by declaring the Constitution
uieTeoi, aud assigning It's powers and duties and
NE Legislature have the perfect right 10 impose
afyJudcial duty on the judges Of this Court which
may be required, whether original or appellate
1t IS not for them TO object 70 any duty which
would be proper TO be performed by judicial f,inc
ion. The only question with the Judges refers 70
their compensation; when thisis made ADEQUATE 10
the duties required all color Of objection TO Inc ds,
charge Of the particular duties, must be taken
away. This, sir, is a plain way Of treating tbe
subject; but u is strictly Just as an original view
~ the constitution. This rule dscards All restraint
upon the power Of the legislature. and gives tbe
rover IN distribute the various duties Of the I'D
gfs. according 70 The public necessity and is fbe
very principle Of the bill under consideration. he
eanse, upon the same simple and obvious view Of
"' opsiis''0r, va i"tsSsnr intention p jr,-ose