Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-02-07

lenders against the commonwealth. But let Us
consult little, the intention of the trainers as O.
vi"enced by their own contempOraneolis eNposi-
ton OF the instrument. We find that they acted
upon the idea Of separation in these functions of
Nh9hceiler aud Common lQw judge-for innedi-
ately ai;er the formation Oi the constitution they
established General Court and Chancery Court
ogcther with others as directed in the compact
Can there DC a doubt then, that in speaking of
Chancery Court in our constitution that they had
IN mind tha chancery system ofthc mother coun-
try, as The definition OF the term by them used
may De told mat the first organization of the
Court OF Appeal5-the act blending the two iuris-
HicuOhs IN the person OF Judge uries in the dis
trict oil hentucky-the present organization of the
Special Court OF Appeals The abolition of the
court oil admiralty and the Existence OF a Sc
cretary oil state are contemporaneouS eXpositions
at war with these cited by me and with the view
CT the constitution for which | contcnd-In rela-
uoh to The court of admiralty that was abolish
! ed by the will oi tiie sovereign people in the
adoption oil the edertl Constitution, for that was
the necessary effect of that instrument IL il
fue, mat no Secretary of State was ever appoint
cd, and II the argument drawn from that crcum-
stance, prove what - contended for, il would As
well prove have no CONSTITUTION at all but
I's Is my solution OF 1.-THE ineXocution of the
! prov ions oil a constitution is one thinq and
the INVASION OF 1t by destroying what has been
created under its behests another, and very DIFF
ierent tbinS-this legislature NAV refuse 20 an
point Judge, If they could so far forget their duty
! " NdIdiit nOttOflOW from thence
ulat which they have appointed him, thew have
the power by act Of Assembly, to turn him out of
ONCE AS to the other cases relied on against mo
am free to admit, they initiate against acts OF
Cohtenporaneous exposition relied on by me: if
then, we strike balance on the account still tbc
weight OF authority il in our favor which brine,
I me To briei notice of the case of kemper vs.
haw kins, decided by the General Court in l7gs
ana the remonstrance the Court of Appeals i'm
1877 or s. The remembrance of the, Court of An
MIL, n n.
ton at their head, founded upon their solemn
decision, That the law requiring of the Judges of
appeal to hold Circuit Courts, was repugnant 10
the constitution. The in the General Court
composed OF i've Judges Nelson, Tyler, Roane
Iienry and Tucker decided that a law reouirin,r
OF inc General Court Judges presiding in the dis
uct courts, to exercise the chancery mower oC
granting lnJunctions, without being elected. com
iil.ss!onee ana qualihod, as Cbanccllors was un-
CONSTITUTIONAL his the unanimous deci-
sion, though the court were divided unon =
houher point, as TO the competency of the le
g'Sature' conierring upon them both urisdic-
uO's III case they were appointed, commission
! eu q quatled, both rs law Judges 6, Ch,ncellors
three OF the judges decided that there vas mo l., ,
compatibility IN uniting the Jurisdictions in the same
iuhcuonary, provided he was elected commission
ed anu quaiihed in both characters-tyyo of the
Judges decided the union TO be inconpatibla ,,itb
lAe Constuiion-thiS bin is in direct conflict with
the unanimous opinion of the Court as IL nronosee
10 confer cnancery powers upon the general court
"iuIout tilS appointment, commissioned, Sc and
common law jurisdiction upon the chancellors-
L sHdii not attempt any comment upon this oniD
ion-l shall not add ought in its defenceit neoIs
no feeble AID OF mine to sustain tits least recor,
Ihehdatlo to respect and authority is that is tbo
! oPlion OF court comprised of a Roane a Tucker
AID yler bottOmed upon the authority of n pen
uletoh ana "ythe. L recommend it TO the DerusoI
ana re -perusal of the membes of this House no
iore me voters taken on this important ouestion-
I; speaker, the names OF these venerable fathers
oi the republic y models ofiudiciaI excellence who
now slecpln honoured graSes whose r,,er,,o,;s 80
embalmed in the affections of their countr,,,,,o,
nave been brought before this House by me with
iie pest intentions 10 sustain what | solemnIv he
'ie'c 'ie cause OF truth:-and at the last ses-
slOn gentlemen this floor carried oyva1, c,,,
Ieauily imagine and hope, by the ardour OF debate
cast some degree of censure upon these nornes
TAKE lliS occasion 10 express my most sincere homo
that on this occasion the feelings OF this bousa VII
hot De PANIED by repetition of the iniustce-It is
our right IL we conScentiOusy differ with those
Judges TO say so-but TO say so with difidenco -
.he correctness Of our own concIusic.s-This !
have right to expect Of the gentleman from AIbe
marie more especially and, indeed of many of the
warm supporters OF this biil-gho / know ~ ore
uine mad high respect for the Constitutional ev
p0slhons oil one OF the judges who sat in the case
OF hemi'2r and Hawkins, / mean Judee Roanc
y es' MT. Speaker, there a time with the
gentlemen when the name of Roane would have
stood against the world but now there arc NON,
so poor as do him reveI ence. If the sense of az
gratitude, inspired by the mangled body of fan
en- usurper, could rouse all Rome 10 nutnv-
what inuiiny, in the feelings of this House sbouId
we not expect 10 be inspired by the least irreve
renee or disrespect to the saintcd memories of
compeers, ''' '''''''' iOuS
Mr. r. said he could urge other views on this
part OF his subject, bot 80 .:.,ci: m STRENGTH adj
mon ied him to forbra- - SAID h,. ;,aG ends,
Tofed 10 prove by the letter. cU...enf and sDrit nj
me constitution, aided ny tine COnJempJr e-
position and the solemn authorizations conc,Irred i,
| Dy 10 Judges OF our State, Judges than ,vboro
ADLER and purer never ornamented the bench NJ
any country adIudications, too, that have been ac
guessed IN by the people and their successive L.
gisiatures for more than quarter of cert,,r,
That the bill you hold in your hand is renng1ant
70 our fundamental Iaws-Suppose I have NOT
proved II conclusivey; if have raised A doubt Il
y suihclent Tor my purpose, or if | can raiae
DOUBT upon the question, whether the iudoes ,,;lI
thnk 1t unconstitutional, shall think do eno,,o[
20 ensure the rejection of this bill: first Is r. n
uouOuul question OF consttutionality? Can that
ocd question; FOR when It IS admitted (and il can
not be denied) that ii divides the opnions Of IT,
intelligent and patriotic in this House and else
"herc; when we admit that on the one .ide are
arrayed tie opinions Of the able gentlemen ,,,Lo
advocate At with so much zeal on the other siJc
the opinions OF their opponents who opposc II Viii
equal zeal; opinions, too, fortified by solemn adj
INDICATIONS OF the enlightened tribunals whose dir,
" II was under the sanctions Of an oath tn deciJo
lt--and these adiudicatOns so lone acnuiaec,J g.,
the people and the legislatures-csn w., bcs;tt -
pronounce 1t a doubtful question, What more i,
requisite 10 make question doubtful than divided
opinions Oh the honest aud intelligent upop III II i;
0ououui question 70 say the least of IT, and with
me doubt, rs have before stated deciJcs -
Ssliinf INC exercise OF The power II il be n