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

- q
Office under the Constitution admit il, sir--and
only contend, that The specific provisions Of The
10Th Gnd lTM sections Of the Constitution a.
1ottnt 10 GrEhe recognition Of the office Of q
faege 81 The General Court, and the 0fiice Of a
Judge IF the Court Of .dgpcGlS NV argument.
then, is-tliat you have either the power 10 blend
the two branches of the Executive department of
the government, by electing one Of the Councillors
as Governor (Syho, acting in both capacities, will
still make the eighth Couucillorl --or YOU canro,
unite two judgeshins i'll ono. MIR. Speaker, quot
this topic, lest my feeble cots 10 do in sce 10 il
should mar the force and beauty OF the clear COM
prehensive and logical argument Of my friend from
necklenburg, (AEr. Goode,) whose reasoningon
this branch OF the question, is not only unanswered
but unanswerable.
But sir, this bill is besct by another constitute
onal difficulty The constitution declares expli-
citiy that" Judges in Chancery'' shah be tried by
the General Court-and yet, sir, in the teeth, not
only OF the spirit, but OF the very letter of the
constitution, you are about TO pass law which
must require the Chancellors TO be tried either bp
a court composed If Neutrality-suspicious. trl,ich
you have seem the constitution carefully prorides
or, by the Court OF Appeals, which the constitu-
ton says shall not try item. Gentlemen are well
come TO either horn of the dilemma-and pre-
sumo they will hardly attempt 90 escape from il
! BY saying that the judge will be iTiable by the
General Court for Offences committed as Chancel-
Tor, and by the Court of Appeals for misconduct
as judge at common law--ior this would he sur
rendering the whole qtiasion,--it would be giving
up the tflaiY and itirisibiity of the judicial OF
iice the basis, the very foundation on which all
their arguments rest.
If the Judicial Office be q ttnity, then may YOU
distribute the judicial functions as you please a.
mong the Judges, require each, interchangea-
bly,, 10 perform the duties of the rest But if the
constitution did not intend to concentrate the
whole Judicial authority in any single individual
or any one set ofindividuas, but to distribute it
among various agents, unccnnected and ndepen-
dent oi each other, we are bound TO obey its in
rnssff farlc af1tO
offices Which ii has said shall not be Blended
! That such ID the obvious meaning and intention
! OF the constitution think have shewn not sny
4! by arguments drawn from the analogy of other
! parts ofthe same instrument, but by the explicit
provisions contained in the 10th and 18th sections
( imposing certain specific duties on two of the
courts, which can be performed by no other:-as
clear an intimaton, il would seem TO me, as lam
guage can afford of the individuality of tsese
| Courts.
The ilustrious sages who framed the constitu-
| ton as the most obvious and effactual means of
preserving the stream of justice pure and unsullied
! provided that those who administered the laws of
the landshould be held amenahle not 10 Themselves
but to q separate and Independent tribunal and
they sought safeguard for the rights OF the people
not IN multiplication OF courts constituted of the
same andtrtduotS. but in the establishment Of dis
tinct tribunals, composed Of different men, who
should act as checks upon each other
| Honestly and thoroughly convinced, Mr.. Spea-
ler, that the bill in your hand is both impolitic
and unconstitutional l am constrained TO enter
nay humble; but solemn protest against its passage
Before taking my seat beg leave 10 notice an
argumeat--perhaps should call ii an appeal
that has been introduced into this discussion with
great and marked emphasis. We have been told
s-r, IN tone OF triumph that the bill before the
Rouse Is the Peoples Bill In a sincere and
unaffected Difference for the will of the people
when fairly ascertancd, yield to no member on
this floor, to no man in this communicate was
one Oh the earliest political principles that nbib-
ed IN my youth, and thas grown with my growth
ana strengthened with my strcngth-and if had
sufficient evidence satisfy me that the majority
oil the people OF Albemare were DESTROYS OF the
passage OF the bill discussing, l would
not vote Tor the bill, sir, for entertaining the opini-
ons do on the constitutional question | should
mold myself perjured were TO do so-but would
at the moment such evidence was furnished va
cate my seat on this floor, and afford my constitu-
cnes an opportunity OF selecting a representative
whose opinions were in accordance with their
own This, sir, % the most that the constituent
mas iishtto require of the rePresentative-and il
Is me fedSf that the represen atvoii bound TO do
When he has the misfortune to find himself at is
sue, ON q constitutional question, with those who
| nave made him the guardian of their rignts and
their interests.
But, Mr.. Speaker, j cannot discover the sre-
eminent claims of this Bill 10 the popular coguo-
men which gentlemen so fond of bestoying I'M
on H. Regarding ii as axiom, that as the Peonle
are nc source OF all power, the only legitimate OBJ
lJect OF all legislation is the good OF the People
had supposed that every law we passed. mi,rIt
with equally strict propriety, be called the Peo
pies law
But,Sir, where is the evidence of the great anx-
iety OF the people for the passage Of this Bill?
have heard OF no public meetings on the subject
Il see no petitions crowdng your table in its fa-
vour; and so tar as my own observations extends /
| aver that among the people whom | in part repre-
sent, have no recollection of ever having heard
the subject mentioned, save hy lawyers, except
upon one occasion, when respectable freebooter
two only being present-expressed some regret
at the failure Of the Bill during The last session.
And the only argument that rccollect he urged
IN ITS favour, was the Inconvenience of dragging
! suItors IRON every corner of the district before
the master commissioner at the seat OF the Chan
| Gerry Court, for settlement Of their accounts w e
! may rest assured, Sir, that whenever the People
become anxious for the adoption of this or any 9th
! or measure, ts1y will speak their wishes not in
/ low ard muTmuTed whispers, but in n voice that
shall resound throughout the land, and that will
! carry obedience wherever it is heard. in the alb
sence OF all indication Of the will my constituents
! on the question before the House, shall pursue
thai course IN relation to it which my judgment and
my conscience approve.
have done, Sir. thank the House for their
kind and patient indulgence, and trust they will do
me the justice 10 believe, that have entered into
this discussion not from the sill vanity of suppos-
ING that any argument was capable OF urging was
likely 10 make single convert 20 my opinions but
Tor TIC h'ibc purpose OF explaining and as far IS
can, Of jusiiiying the vote feel il my duty to
give
Congressional.
IN SENATE.