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

ten )uoges, at the head OF whom stood penj,cton
ana ythe, the iliustilous fathers OF the Law ia
virginia, ana The most efficient agents in the for
nation of the Constitution they were about 60 in
terpret, ANONYMOUSLY decided that the IL eslatllrr
had no authority 10 "Gend The d,,ticS of the (
J9dses Of The GeaeyGl Court, Court of Chm /
ce'y' ana Court 81 admiralty" Here, then is /
the unanimous decision OF ono Of the most n,i- !
merous, AMI, perhaps the ablest judicial tribunal
that ever assembled in Virginia declaring the bin
III your hand 10 be unconstitutional. Ii the au
'hofity o, great names is TO be decisive of This
matter, challenge the advocates OF the bill To
produce an equally formidable array ON their side
OF the question. Can gentlemen. lien serious lv
Halter themselves with the hope of CARRYING their
scheme into effect, when its execution depends
upon rue i,nproDabie fact. OF coSTy one Of the
nineteen Jadges of the Chancery and General
Courts dissenting from this deliberate opinion of
their liiusriouS predecessors? What probability
there is OF their obtaining this perfect unani,nly
among the Judges, | have already cndeavored TO
shew, in my remarks upon the case of Hamper 6,
Hawkins.
But, Mr.. Speaker, Tie friends and opponents
OF TINS measure may end some difficulty in adj
Justng the balance in this account of authority,
let US SO to the fountain hea,i--let W. 20 20 the
text ITSELF ana not 20 the contradictory conmento.
ries upon ii. Eor myself sir / want no better ca
teinPoIaneous exposition of the ConStitution-if
may so speak-than the Constitution itself.
ne nrst constitutional objection that presents it
sen TO the WI in your hand relates 10 tho means
I
eject These means, sir, consist in the appoint
ment, or tdD OF the present Judges of tbe General
Court as Chancellors and the Chancellors as Com
mon Law Judges, while the 18th section of the
cons'itunon provides, that the Judges shall be APP
pointed 0y ballot. The verb to ballot, ACCORDING
70 the best photographic authority clearly inn
Plies ne right IF ch0ice-the poirei eff selc,fino
NOW, SIR have we the right of choice in the case
oei1ie Oh the contrary, arc not compelled
70 chooSe (such Is the solecism Of terms in which
thiS measure involves us) the present inc,Imbents-
OF, by refusing 10 DO so, to violate the constitution
by iegislatng Judges out OF office: Pertains SIR
gentlemen may contend that they arc not iee,islat
ins inc Judge out of Office, inasinucl as thev savo
issai1fy and commission untouched and oiiIy de-
pilVe HIM OF the duties OF his office That Z IN
say they Will seize upon the substance s. insist
they commit no violence, because forsooth tbev
lSeVe 'he hdG0'c The duties pertaining TO an
once are much more part of the office than the
commission by which il is held-nay sir tbev are
tne very essence Of the o!lice-the thing itacIF
lyon cannot deprive the Judge of the commits
SION, w..'h Is merely the evidence ofhis authority
70 uiscn"Ige The duties ola judgeship, much less
can you deprive him of the judgeship itself
1t may De said, MIR. Speaker that as Tho f,,nc-
IONS OF the Judge consist wholly in expoundino,
and administering the laws of the land, until The
legislature mas given him laws to administers he
has nothing TO do-the constitution not b,y,ior 80
scri5ed his duties-and further that as tI,e a;
: ia'ure has the power 20 repeal oaV oae law. so
nave they the right repeal all the laws of Tho
commonwealth, and thus take from The judge The
wAoie SUBJECT matter on which his authority can
nc mace 20 Dear admit, sir, that the right 10 e,
act implies the right TO repeal and that vo,, be,,
me power, by applying the Legislative spo, oe to
! the whole Statute BooS, TO suspend the functions
NOT only OF the Judges, but Of every other officer
:sLIos.ilseu py 'he constitution But, Sir, the
lShI 10 enact laws in conformity with the consi.,,
poh does not carry with it the right to enact sIch
/ as are in opposition TO that instrIment-nor dos
me power to suspend the duties of any particular
oncer, 10y repeating the laws, the execution Of
which constitutes his duties) impiy The riybt 10
require the duties of that officer 10 he ne,f3,oy
! by some other. The moment You come TO ,.e-c,,
act the jySf td1C, under the constitution Won pus,
iooA 10 'Hat instrument as your guide and the
question 81 once recurs-to which department Of
inc government, executive, or judicial and 60
achtch branch OF these departments, does the eT.
Sculon oil Tins Law properly pertain; Does tbis
ID" PROVIDE Tor the administration of Justice ac-
cord!iiS to the principles of Equity' Then its ey
/ ccuuon belongs TO the Judges in Chancery'-
Does 1t involve Common Law principles; Then !,
tails within the province of the judges of the
| General Court " vac
ii am right then, MIR. Speaker in the inter-
III. nave gwen to the term "o appoint by
paiiot, the only means by which this scheme
can be carried into effect IS by-the Iepisiot,,re
decIning TO perform duty positively epioinod nm
! on them by She Constitution-nameIy the duty of
exercising he'r discretion in the appointment of
judges: And surely II can reouirt M -,
to prove, that to do an act in any other mode tb
mat prescribed by the Constitution is no less vi
oaton OF ats spirit, than TO do that which if direct
/ ~ prohibits II this be not So Sir then have v,e
tile right to appoint Judges by ayes and noes-bv
CONT resolution-or by law, as the bill in vor;r
hand pToposes! 1t is, therefore no answer 10 ~
| argument | have been urging TO s,rv fhat ~
same majority tbat passes the bill would # /, r,.
sort TO ballot We're necessary re-appoint fhe pre
sent Judges-for, they must appoint these men ,,.
under the influence Of that motive which the Gu
stitution says shall govern us in such appointments
not because they prefer them to all others-b,,t
because thelT disappointment is absolutely neces-
saTy Tor carrying their scheme into eeact M,
majority, then, is g0lintayilij putting tbemseles
IN an attitude in which il is impossible thcv OR,
perform duty enjoned upon them by the Consfi-
ton. '''' OO'i'''' u
But Mr. Speaker, if there be any ambiguity in
the phraseoogy of the 18th sectim of fine f,o1si-
lauon, mat ambiguity is clearly explained by the
ION and 18th clauses of the same instrument
The 10th section ordains, that the C,overnor and
az of0eTc-including, OF course, the eJudpes in
ChanceIy Offending against the State shall he
iHPeached by the tou C Of Delegates and tried
! by The Gen. Court. Thus, sir we have tri,unaj
provided for the trial of all official offenders xre,
INC Judges Of the General Court-ai,d what proyi
sion does mo Constitution make for their malfea-
sihce 10 ONCE II declares, in the l7th section
tnat ri az OF any Of the Judges Of The General
C0uTt snail, on good grounds (to be JUDGED of bu
the tiouse OF Delegates be accused of any If tle
4 crimes or offences before mentioned, such Uouse
% delegates may, IN like manner, impeach Inc
Judge or Judges 50 accused, to be Prosecuted Il,
me Court o. appeals The Constitution thus as
sisi9 70 'he General Court and to the Court Of APP
peals respectively, cerf0iH specific Judicial f,,nc
IONS which each is'to discharge, and which. oF
course cannot be dischafgedby the other. Now
''' Al uleSe Two clauses Of the Constitution taken