Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-02-12


act OF the Legislature can be considered as an act
oi the people ii il violates in any manner the con-
suution: II is then our act not theirs; for they have
delegated 10 US no powers, but such are in uni
so' c'h and sub ect TO the coItroul OF the const-
tuition.
II is believed, Mr.. Speaker, by many, (by all
the advocates of this bin presumed that all diff
Guilty will be removed from this branch of the sub
Jec;, by the whole of the Judges accepting the
proposed Jurisdictions; but this belief is not suiii-
cicnt-we ought 10 know with certainty, either
that they will accept, that they will be removed
from Office upon their refusal 30 DO so without
this assurance, the passage of this bill may put to
hazard the whole jurisprudence of the country; it
may endanger the good order and harmony OF soci-
ETY., by agitating question, not verv unlike that
which recently distracted and convulsed sister
State, and which barely stopped short of civil war,
and with these consequences of a somewhat ST.
iniiar act OF legislation staring us in the facial
though we may not apprehend the same cxtrem-
V-ought we to vote for this bill, upon the posi-
oihty, Cor =. obability if you chooSc,) that your
Judges may be induced by small increase OF sal
AIRY to he more pable Would it not have been
better, 10 have previously ascerained the price.
II, indeed, they have any price-at which they may
hod their compliance Perhaps it may be- more
man this bill provides and than we could az
lord TO give for any advantages which il may hold
out. Now, Sir, as 60 the other alternative of en-
forcing obedience. Have you any reason TO be-
iicvc that the Court Of Appeals would decide a.
gaiust these Judges of the General Cour, and Jud-
ges in Chanccry, in the event Of their being inn
pcached for refusing TO accept and exercise this
uouDie jurisdiction IL, Sir. the opinions OF the
present members of that Court, may be inferred
from The opinions of their predecessors, as ex-
pressed IN their renonstrance to the Legislature,
against The act of 81, nothing be more proba-
PIE or rather certain, than that they will consider
tis OH as unconstitutional and therefore imposing
no obligation upon the Judges 10 act under it
rom these views Of the subject under considera-
uoh, shall vote against the bill, from clear, I'M
doubling conviction, supported lin my opinion) by
both the letter ami spirit of the constitution ard
confirmed 10y the unanimous decision of the Gene
raj Court, that to make Gas this bill proposes) com
mon law Judges Chanceilors, and Chancellors
common law Judges, without their being appoint
ed by JOINT ballot OF both Houses and without their
being commissioned by the Executive, would be
uirect violation OF the constitution and Sir if this
particular feature had been changed by an amend
ment providing for the requisite appointment and
commission, should still have had an objection TO
uniting the two offices in the same individual but
1 do not know that that objection would have been
sufficiently strong 10 have prevented me from yot
ing Tor bill subject TO no other objection. But
or, the greatest difficulty and confusion might
nave been Produced by falling to appoint all of the
Geherai Court Judges Chancellors, or all of the
Councillors Judges of the General Court; and the
bill would still have presented the same difficulty
that may now result from n refusal of the Judges
10 accept this double jurisdiction and that thew
VIII have right TO refuse, / can entertain no |
uouDt that some OF them at least, will exercise
ulls right, am told Is certain. 1 am of opinion
that all viii refuse, either from constitutional OBJ
Jections, or from other considerations
MIR. Speaker, have other objections both 10
the polcy and details of this bill, on which it will
he unnecessary to dwell for the purpose of ex
plaiihng my own vote upon this question: inasnuch
as those, alrendy enumerated are considered by
me as ihsuperabie; but will merely take occa-
sion TO say, that the passage of this bill will in nv
opinion, be pushing the experiment Of an inerant
Ioiclafy rather too far have always consider
cd TINS continued travelling as somewhat incon-
patlDIe with mich study or preparation Persons
VINO are compelled 10 be constantly in the saddle
VIII stand much better chance of becoming good
l:9uestrians than wise and learned Jurists. And |
Slr, tliiS policy Is much more objectionable in re-
iadon TO Judges in Chancery than 10 those of com
mon law Tor they have not only the law to en- |
qlFe INTO, but facts to ascertain, which cannot be
zone correctly; without long, patient and laborious
unity OF complicated, coutradic-
,o'y ana voiuiniHous testimony. This requires
'iine, and time IS not afforded by that bill
There Is another view of this subject suggested
by 'he gentleman from Amherst, which think en- |
I u to consideration. bill has passed this |
rouse ana VIII probably pass the other branch of
me legislature submitting the question of Con-
Venhon to the decision Of the people. Under these
circumstances, ought to DO any thing at the |
present, by which radical change is to be effect
ed IN our System of Jurisprudence Ought we |
not to postpone acting upon this s1b;ecf until the
people have decided upon that? We NAV be un- |
on the eve OF Convention should that take place. |
our old constitution will no longer stand in the
way, or present obstacles 10 the present Reform
ISIS Our whole System, both of Jurisprudence |
and civil polity, will then be open for change or
amendment.
SPEECH OF MR.. CRAIG.
Mr' Craig said, 1t was with unfeigned regret
iha he, at that time, threw himself upon the at |
ienton OF tile House. Much time had already |
been consumed In the discussion and SYMPTOMS of i!
mpaiience were becoming quite visible amonu
the members. Nothing but an imperious sense
of duty TO his constituents could Justify him in his
own Judgment for further trespass upon their
Pauence: Ills constituents, he believed, felt in |
the SUBJECT the deepest interest, as did also all |
those portions OF the people of the Commonwealth
whose pTejudices were not enlisted in favor of the
existing system OF judicature, by some peculiar cir
cumstance. The bill under discussion proposed . |
remedy for grievances, of which the people had
long and loudly OBSERVATION-DISCLOSURES arising
'ut oil the delay, expense, and Inconvenience OF !
obtaining justice IN the Courts Of Chancery The
SUBJECT was worthy Of every attention which could
De bestowed upon it. The time and trouble ex
pended in efiecting, was nothing in comparison
with tue utility and importance of fha object
sought to be attained by the bill.
The opponents of the bill had analysed with
'ctuiinous eXactness, every feature and part of
he bill, in search Of defects; and having found
'oihe OF tnat KIM OF Imperiections, against which
no attention or eKaciness of intellect could fufI
guard; and some Of which are found in coDnec.
ion with even the most finished works of man.
hey have been Inagniiied into objections of he
most serious character, and presented TO the Bonse
IS good causes for rejecting the bill.
Sir, perfection is atainabl., under no circur
stances, by man. The friends of this bill were
not so foolish as even TO cherish the hone that
when they had put this bill off their hands. tbev
ldd done what never done hef,ro