Virginia advocate. [volume] (Charlottesville, Va.) 1827-1860, 1828-03-22

10 which department. of the government execa,ive or
jud,el' and to 'Dhich 6raaeA OF these departments
does the execution OF this law properly pertain? Does
TINS law provide for the admint, 81 Justice &C
eo'dns to the principles of Equity Then its execu
ton belongs to the judges IN Chancery-Does it in.
solve Common Law principles. Then it falls within
the province ofthc Judges the Geaeral Court,
am night then, Mr. Speaker, in the
nave gwen TO the term - to appoint by ballot the
only means by ~hich this scheme be carried into
effect, rs, by the Legislature de lining perform du
ty positively enoined upon .hem by the Constitution
namely the duty OF exercising tteu Gcrc.ion ia the
appointment ofJudgcs: And surely il IAN ,equitc no
s"ment to prove, that to do an other mode
Than that prescribed by the Con,thution IL no less
violation OF ITS spirit than to do thai which it directly
prohibits lfthis DE so, the, have VIC the Int
appoint Judges by and uoes--by JOINT ,e5olu-
tion-or oy by law, the bill In hand proposes
It's, therefore, no answer TO ha, been
urging to say, that the major y that passes the
bill, would il to a ballot wer nee e,sary to re
appoint the prescott Judscs-for they must appoint
these men not under the influence of that motive
winch the Constitution says shall govern i'll such
apPoi"tmen'sn"t because they prefer to all 9th.
eIs--nu because the,rIe appointment is absolutely
ecSsary Tor carrying their scheme into effect This ma
'hen. Is p"!"nariEg putting themselves in
III "pich IL iSiinpos.ible they perform du:y
snJ"ne. upon them by the Constitution in thc n,anney.
prescribed by the Constitution.
But. Mt Speaker. itthcre be any ambiguity IN the
phfaseoloSy OF the 18th section the Con.
'"' amosu'y IS clean explained by the ION Iith
eau'e' oil ne came Instrument. The lGh section or
dams that the Governor and all Observation-Disclosures of
.ou C. the Judges IN Chaucery' ofendng against
The state. shall DC inpeao he'd by the House OF Dele.
gates and tiled by the Cen. Court. Thus, sit, we
nave tribunal PROVIDED i"r the trial of official oil
Leaders, except judge of the General Court
what provision Joes the Consultation make for Tie
maeasanee In office. declares in the I7th se.con
mar " ali, OF ANY OF the Judges OF the Gvne,a Co ut
SNAIL o" good gcounae ito jud led by the House
VI De'e acs,) tie accused OF any OF the or often
ces before mentioned, such House OF Delegates NAV
IN IKE manner. 'mpsach the Judge Judges 30 ac-
cused, TO be prosecuted in the Court of Appeals >,
me consultation thus ass.ns TO The .ienerai Cout
ana 10 the Court OF Appeals, respectively certain spe
ca l. Ia III,
and which, Of c0s be DISCHARGED bv I'M ,be
oW' S"' 'aese '"o clauses OF the CONSTRUCTION Ia
Ken IN conheAiUn With the ikth, fpro yido" ,r m.
appointaent OF, ara enuueSating Judges iu Er soy
a Cour's) De not clear and unequivucat reco.n
O" % separate instinct, and independent tibunaIa
Sa"Sc SeplIetn 10 ehew that the Offices of Cover
nor am Councillor OF State any where re,opnizr
oy the Cone ti'uton, as distinct incompa,ibie
csrc'u! examination OF this emit disc o,es ,n
coii' dence IN ats provisions ,catine to the
Executive and Judicial departments oflhe government
N; 0 SECTION declares that "a Go'rfnor Chief
ate snai "c chosen annually, by oInt ba lot O.
oo'h iouscs"-thc lth directs that :. a p,;yy r,,p
Gu council {" State, consisting OF ei Int members
'nah DC chosen by joint ballet bo,. Houses of A.,
9cmoiy and the l4th p OXIDES tina, the two
iouses OF Assembly shall, .ont ballot an.n,t III
7e' OF the SUPP enc Cont Appeals and General Govt
rn ~ C"shce'y' Judges vi Admiralty, Sc"
mere 10 oight uanaP position of word, in h.se differ
eht clauses OF the CONSTITUTIONS but DEW ,hs mas,
acute hypeierc to point out shadow of difference in
inc sense ana meaning OF the terms used lfthe I'm
e'ioh' 'nen, was designed, the gentleman fl ON
WeslmorelaLd MIR Newton c.nIen3s nni =, o.'
me means and the mode of eIcctrng Judges and
contains no del snaton OF distinct JudoeL Inns or OF
ces, neither do the 9th and lin se,,;ou nn,a ~
sue" designation Of the Office Governor and of Cam
enlot 0u u may be said that the powe, of pycntiup
P'IoeS' ana ot concerning tile Ge9e,ui Issey5Iv sps
'ihcay conferred on the Governor !, reco"niiion Of
| hS Once under the Constitution / admit IL sir. and
and l7m ,ec, n.u' Me SPecfc provisions OF tie IS
,e'"s""'"n 81 tie oDTce Of Jadye of tie Gene al
I '0A''' ana Me oDce 0fa Jadge ofthe Can't of An
Inc wy 'rHument. t"en '-t"at you have either
| he i.u,,L
"Pa nent oil the government by elec!ing one of the
ill.,; ;' "a: as %ovef"or twho, acting in both capac,-
csnno, -" i,ii make the eight Councorl--or. you
~, ~: u'i'e Two JudgcshiPs ia Mr.. Speaker
'oP'c' lest my lcebc efo. DO Justice to it
''' vac iorce and beauty of the Gear, oomp.e
e"si'e and logical argument Of NV friend from Hlsck
| t,,"t ., VIZ Ioode,) whose reasoning on this
o. inc question, is only unans cred but un
Dut s'' thi' bill is besst by another constitutions!
u"ncny The constitution declares explic;,Iv that
'"useS IN ChanCcry' shalt be tried by The Gene, Al
hut ye'' SIR IN The teeth, not only OF the spirit
" me very etter of the c,nsii,mion YOU are about
W pass law which must equi The Chanceilors to he
S;E t.n'' 0y c0"'f composed cfttcmelues--agains
nv w nave Sect the "ttOn curetuNy provides
VI oy me Court o. Appeals. which the constitution
| say sra" MT try them Gentlemen are werome TO
I' nom vi the dienma-and | presume rbcv will
indc %u'"P 70 escape nom 1t by saying t,at the
JSe WI" De 'rah'e by the General Court Tor offences
mute" as Chancellor. and by tie Court of Appeal,
~ i'lcoh'uct a. Judge at common law for this
would DC sufrendcring the Whole anesti,ni, wouI,
be giving up the i!y and iudivi6ty of tbe iuairia
o'I', voc "aS'S The very foundation which all their
arguments rest. ~
'hc Judicial office be mnity, then may you di,ui
"'e vac JudtcIdi functions You please among the
'u"G's or require each, INTERCHANGEABLE to ne, form
me duties Ut the rest. But If the constitution did mo,
n'eha TO concentrate the whole iudcia authority in
any single INDIVIDUAL, any one set of bu,
W distribute - among various agents unconnecte5 and
independent OF each other bound to obey lis in
J"eohS ana to keep separate ADD distinct those O IN
ces "hich 1t has said shall not be blended That sucb
70 the obvious meaning and intention the constitu
non thInk have shewp, not only by Arguments
u'""n fom the analogy Of other parts ottle same m
"unent' but by the explicit provisions contained =,
e 10Th and 18th sections imposing certain srec;Gc
o"'eS on Two OF the coutts which can be performed
~ no other :as clear an animation it would s.e1 IN
me- as language afford of the ,ndividuohy of these
Courts '"y VI '"e'e
The illustrious sagcs who framed the constitution o
we most obvious and cffcctuaI Of preeryiny the
stream OF justice pure and unsuili,d, provided tb.t
nose who administered ;he laws the land sbou he
ncu anerabc, not tn them circ5, but to separate and
""eP ndeut trIOunal ana they sought safeguard for
INC 'iS"s OF the people, not in rlultiolicat,on of
courts constituted Of tie indiyjdaals but in the
e''aOHshment ofdistiDsl tribunals c0poosed fHGc,.
en-. men, who should act as checks upon each other
honestly ard thoroughly convinced Mr. Sneaker
'ha the bill IN your hand j. both inpoIfc and mean
"H"h0Hdt ! am constrained 10 ente, nv humble bu,
it,