Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-04-15
VIRGINIA LEGISLATURES.
Mr.. Gregory's Speech in the II. = Delegates on
the Circuit Court Bill

| cT. CTeGOruS speech fR the H. - DELEGATES on
the Circuit Court Bill
| Mr.. Gregory said, the subject which now at
.ractcd so large share of the attention of this
House, was one of deep concern 20 the whole
community; it belonged TO that class of legislation
| on the proper adjustment of which depended inn
portant results; and as an original question of poll
cy, connected with the first organization of govern
ment, the subject Of the Judiciary was al all times
one oil the highest order The present aspect of
the particular measure under consideration was
yet the more commanding, since il pointed direct
ly 10 system now upheld by no sense Of benefits
| derived from it, but which was unrivaet as a svs-
| TEN OF abuse. throughout our whole country. But,
sand Mr.. G. the reform proposed is denied to be
within the constitutional power of the Legislature:
| this IS a grave objection and one which addresses
Itself TO the forum OF conscience; 10 redeem the
! bill now under deberation from so material a
charge, would confer public benefit; il was a
duty which he felt imposed upon him to attempt,
whilst acting in connection with the patriotic gen
\ temen who originated the measure in this House.
He was not insenSible to tie immortality of vo-
iuntary breach of written constitution-ihose of
American growth should be guarded with potent
soiictude; and, for himself, he would abandon the
bill whenever his mind was brought 10 hesitate
upon the constitutional power of the Legislature to
enact the law he not prepared TO legisIate at
the expense OF the fundamental law-tho mayims
oil the school in which he had been trained did not
lncu'cate such doctrine He cheerfully assented to
the proposition, that all Legislative action must be
conformable to its own organic aw-he would
specify the proposition by saying, that if the people
had, In this particular case, withheld the power
to redress the evils of the present Chancery Sys-
tenn, he, for one, was willing TO return to them
and charge TO the want of power, the omission to
relieve the country; but that must plainly appear
to induce him TO resist plan of reformation which
he believed could be established, and made sys-
tenn of economy, whilst it would become one of vi
gour and despatch, operating Immediately under
the view OF those whose rights and interests would
be embarked in it.
He assumed, as the basis of his argument, one
capital principle applicable to the subject to
WIZ that Legislative power IL the comprehensive
meaning OF the term, belonged TO the General As
sembly, under the Virginia constitution; he meant
by legislative power, the power of enactng laws
the power OF abrogating them, and the power of
altering and explaining them; he did not conceive
that this ground could be taken in reference to the
Federal Constitution, made up as il is of express
grants, and those limited as the particular means
applicable to class of well defined objects of Iers
lative power, beyond which it rot the inten-
ton OF the founders carry the legislative power
under such selected mass of powers and colIated
objects, no general power could be assumed but at
the expense OF the constitutional arrangements
he theory OF such government was one of spe-
chic grants, the objects TO be accomplished have
been settled by aprocess of filtration and the pin-
ciplc regulating this process, was one of enoui-
ry, involving an interesting examination into the
nature OF federal compact, and the appropriation
10 Its use OF those objects and powers adapted 10
government
the moral duty is necessarily imposed of pointin
10 its powers In the great charter, when question
Is made as to the existence of any power contem-
plated to be exercised. The constitution under
which we SIT here,as coordinate branch Of a Le-
glslature declare TO be complete is evidently dis
tnguished by different origin, more expanded
design, and is subject to Limitation only by shew-
ing an exception TO the general grant; he had no
scrupie IN saying that supreme Legislative power
was the spirit of the Virginia Constitution; the very
KIM oil legislative VyhCn ff,o
tiyes oil the people, under tho State Constitution,
had perfect right to exercise, was sought after
under the terms general welfare, by those who
"ishea 70 usurp power under the federal charter:
not satisfied with the 81 ecific grants they had
looked to the preamble for unlimited power
Mr. u. said, theprincples set forth in the Bill of
Rights were fundamental. and should ALWAYS be
heiu sacred; they were acknowledged restraints
upon the exercise OF legislative power executive
and judicial and their correct application would AT
all times be irresistible Thus the PRINCIPLES there.
IN set forth on the subject Of jury trial when an
pied to the practice in the Chancery Courts would
pEoauce great and salutary revolution in the sys-
tenn OF these courts He said the first Court Of ths
name, established under the Constitution was not
alter the English model; in its interior arrangement
we lind the jury trial in perfect institution s. vigorous
operation, from III up to l7sS our ancestors e.
Yidently looked to the Bill of Rirbts 0s ne y,Je
IF their conduct therein, and with the constitution
fresh from their own immortal hands, furnish
an evidence OF different design with reference
10 the judiciary, than the technical rules of
the English system would have authorised
ne repealed the idea OF the trainers Of the con
sutution intending to impose upon the expanding
genius OF these our free institutions the seryitude
Of aciose Imitation OF the judicial organization oftbe
Courts in England. He believed the authors and
founders OF American liberty, designed in all they
had said in the State Constitution on the subject
OF Courts and the appointment Of Judges to furnish
the great outlines Of perfect system of oIipinaI
ana appellate, iega! and equitable, as we'll as adj
niraity jurisdictions why should il be said that this
construction wastoo atitudinous? He was sensible
that no power could be more transcendipe in its M.
ture Than the power Of sGspending laws and the
execution OF laws; no power could be used with
more potency IN engine Of tyranny and vet
this power is by the Bill of Rights vested In tho
representatives Of the people. II had been exer-
cscd under the constitution Cat crisis Of war; TO
The entire suspension Of the Jurisdictions and pow
ers OF the Courts; how could the doctrine of vest
ed powers and jurisdiction stand under the indu-
ence OF this vast power ofthe representatives. the
people, BY the Bill Of Rights the powers of the
several departments are 10 be kept separate; the
constitution declares the same and forbids the one
10 exercise the powers properly belonging TO the
other. But If the judicial power is Inherent In
particular Courts, and Dispensed by constitutional
judges upon the principle of vested RIGHTS Of iuri
diction The powero Of the Legislature 10 suspend the
Jaws or the execution Of laws, would be a H., con.
iradicttou; the relative situation Of the Legislative
AMI judicial departments would be wholly chang.
90, whist th5 one would possess the power Of on
acung the laws thc other would claim and exor-
Csc tbc-Hght OF interpreting and executing the
same laws, independent Of the controlling auihoh-
y OIL the Legislature, and 50 far the Judges would
possess The power Of repeating the laws; and thus
sir, (sad Mr. ~ whilst our opponents profess 10
etend TIE citadel they DO indeed rob il OF jts patll
dium; that palladium ~ legislative power superior
~ i,s nature 70 the judicial power, which in refc