Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1828-01-23

correct errors, This mcclure OF Dir. Randolph WIN
speedily DC put even beyond mis- power Of correction!
lis mistake, (,he hrst heard of his anting)
as TO tho shooting ofm,amen by Gen. Taylor, was
not wider than this conjecture
-OS0-
q letter from Washington says "S;orrs u,,roral'zcd
himself IN speech the other day, on Mr. SIoane's
Call. lie IS compirnencd even by MIR. Randol ph.-l
or cooc;Se' and lucid reason,ug he is the first man
n the Unuse.n
we ask attention 10 Decentralization an able
pen, and OH an important subject.
we ought TO have stated earlier, that Mr.. Daniel
smith member Of the House of Delegates from ka-
naha did not attend The Convention as we repor ted.
" were led INTO the mistake as follows. We knew
ne was appointed delegate by the Kauavyha meeting
we huew he was warm friend ofthe Administration
we anew lie was IN Richmond, and presumed of
course that Inc would attend. But we did not know
That he had heon subsequently instructed to attend the
caucus Tins instruction, DR.. Smith as good Re
publican ie't bound TO obey, and believe did obey
w make the correction cbeerfully
-a2e-
For THE CONSTITUTIONAL Wuu
Messrs. Ed'"rs am one of those who contemplate
OF the wisdom OF this Ancient Dominion in her Ieois
iat've ta and never 90 feel sensby that W. are
free as when behold representatives engaged in the
business OF 'eorning and remodeites old instiu-
tioas when say free mean il in the largest sense
free moral!y, well as legaiy-fea from The shack
les OF an'lquiy-free TO pluck by the beard, institutions
however hoary--freo to make own understandings,
the rule Of right unnHucnccd by The c-oacs;,r voco
OF age This is the only true freedorn-be only real in
dependence. Thinking thus, nothing could delnb.
me more, Aan The prospect efure u.s. at our present
session Several ans Of reform are in progress,
WHICH deserve hjg Communications out that which, es
psciaiy excites my admiration, both for lis bodness &
the comprehend, of ills sweep is the apaiano
ion schcme cutting root and branch the courts os
eq'y, and transferring the powers and jurisdiction
~ the law courts Or this proje proclaim nvsoli tho
ciianpion-in its Defence 1 have thrown down nv
gage Let the proudes opponent of reform take i, nm
if he dare. Every knows, who has looked u,on
life with the eye of observation, that he Who a,tempts
the correction Of hoary error sure to brine down
upon lis head, host OF assaiians The cry of
tan is at once raised against him, and that alone rL
many, is sufficient 10 ste, the still small voice az
son Dut m this case our enemies have gone further
and taken various grounds of opposoB; some of iien
sufficiently imposing 10 require refutation This
VIII make SO complete, that the fathers of these b,nt
ngs, shall disown their offspring Let ne state ,.e;r
OBJECTIONS hrs'; and tina! it may he do not fear
em Will exhibit them in their utmost strerp;h The
constitution fobds blending together equity and corr
mon law Jurisdiction. lis words are the two hcrses or
assembly shall by joint blot, appoint Judges of the an
preme court ofappeals general court judges in chan
Gerry, Ju!seso admiralty, &c.n Iii commended tba;
these words of themselves, lead the conclusion tho,
both the Judges and the tribunals, should be SEPARATE
amt distinct; and that this conclusion is STRONGLY anfor
GEO oy DINER considerations: for example, at and prior
TO, the revolution, the union Of civil and criminal corr
cen law, and equity jurisdiction in tie oil cop,,
was detect III the system, plost greyuusy felt and
heavily complained Of and tie makers of The cons,t,
uon haTins THIS before their eyes, 80 otvia,e H.
by separating (heyonl the reach OF Legislative enar-
men;) jurisdictions whnse principles and oroceo,nas
are SO directly opposite. The sages fsay thew who
formed the constitution, were deeply nbued with the
'iearning OF The mother connry-it the E,un-
tain from which they had d.uns-tte school i, which
they had been formed. In tina; country we khow ,l,,t
the court of chancery for centuries back NV fro, i,
or!gn has been distinct from every law tribunal;,s
powers ana jurisdiction administered by high officer
with whom the !aw ind es iD;crfered-tieye Tho
IDEA OF giving to the court of kings bench the ;,r;s
aict!on OF tho chancellor, would be cops;derrs ,no
s'ro;'s. hcn then the constitution saws that the ,.,o
houses shall by joint ballot appoint Judges Of The cour,
OF appeals, and general court, judges in chancery
&c. Ii IS natural TO LOOK 10 England fo- an i,us,,3
ton OF their meaning and when we fud the ,ly;,os
wholly distinct there, 10 conclude that il was so in
leueu nee Bes dea, tie makers of the Constitution
must have intended either hat equity and law ,nr,
efs Should be held by the Judge or by ds;inc,
Judges. IT they had meant 10 bleud them in the e,,,
"ahds' can We magn that they would have used The
expressions we find? Would they not have said =,
oncos the two houses shall cleo, yares NJ tho CO.
neral court, who shall unite in themselves aI
common law and chancery powers; more eshce;,lr
as this idea was familiar TO em tie Judges fie geo.
era' court as constituted then, and before un;;.@ in
themselves these two, with other powers Bu, ,9.in
say they it is clear that common law, and eqny noy
ers were Intended TO be vested in distinct rcs from
rose sectohs o. the constitution which relate TO i'm
peachmeht The general court is the TRIBUNAL 70, fine
trial of all impeacbments, except Of IFS own ;rdros
and they must be tried by Inc court of apnaaIe -
Judges 10 chancery then must be tried BY the &C
heIa c0u''; b"t tat court cam; try general court
Jndge-herciore il never Intended thai nsnerai
court JUICE should be al the same time chancellor
again they cay chancellor only be made BY io:nl
oaiio OF ooth Houses, and commission from tie Gov
ne constitution knows no other ,nodc-vou e,ec, a
general court judge, Characteristic refuses The oac
but he stu remains judge of the general court
LOT he holds That place daring good behaviour and
- w oieacn Oh good behaviour to refuse your offer
ed iionorrs-or suppose he accepts and af;crwari.
resigns ms cl'ancc'lorehp, still holding his corunon
law ONCE The constitution says that i'm case Of rcs
'.o'' me |"Vernpr with advice Of council shall an.
f,r.at