Virginia advocate. [volume] (Charlottesville, Va.) 1827-1860, 1828-03-22
ose mean sir, founded upou the autho,i.

The irieuas Of the seem TO attach great i'm
portanee to the Act OF 20, which instituted the iuds
"a OF The High Court of Cbancery, General Court
and Court of Admiralty, Judges OF the Court OF APP
peas Ihey urge too the attention Of the House.
the law establishing Court for the District of West
Augusta, and that appointing the SPECIAL Court Ap-
pea', They quote these several Acts in tone OF t.,
nmpn as ahordin aSotemporaneo,s 1sition Of the
constitution at'Sethcr ia favor OF the const, ton
which 'hey themselves put upon that instrument
'iasinS learnt. Me- Speaker, from what deem the
highest authority politics tthe i'm mortal Jefrer,
'na " one eAamp III favor Of power is OF poten
ey than an hundred against it, nave long looks
WIN di'rast upon all arguments deii> cred from p, Gee
os.t and confess, that my respect Tor this kind
OF authority Is infinitely lessencd by finding some OF
the o1'S measures Of bad cd
10 oe 'u''iaei py referring To example, To be i,h
ia tue f"e republican days of Jefier and of Naci
son \! such names quoted as authoIitv
Tor ire. ADD iaitudous pretaion vi the ous,i
tuition % ae United States ior what da ing and uu
"a' iantao'e stretch of power may not preccuent be
found
In the conduct of political affairs the acts aud opin
Ions OF those who have gone a.. are in relation
10 4"eS"o"s or eTPcdtency entitled u IN Hest and
mo- respectful consderation-in such ca,es sir ,hev
axe Philosophy teaching by examuie - and to dsle
"a The lessons they ncuicate would be to shut our
eyes asainss the hits Of expcrience But in oues
t"ns Ike that we discussing. I must ue ex
cused Tor utterly denying the binding authority of pre-
eeaeht, whether presented in the form judicial de-
ci'i0n. or OF an Act Of eden .-si,a ure lie
arc ca"cd on To decide grave question OF constiu
iona Powct--a question which makes Il direct appeal
70 the conscience oil every member .f this House
"hieh eath must decide Tor himself according to the
pest he can obtain, aud according the honest
'ngsesiions of his Judgment. In matter of mi, sort
or cannot take the convictions of any cams con
science az the guide Of my However NAV re
spect aud vercrate the v,tae and the wisdom OF those
who have proceeded u.s. cannot consent to surrender
my conscience to their keeping.
nut' S"' II gentlemen will persist in appealing pre-
rcoeh's as an'ho'Iy we must be ccntent them
Oh 'hei' own grounds, and TO fight them with thci,
o"" weSPohs- As fair Offset .anst the law of .7s
would Offer the law of ~, 1.-TWO years pri,. in d.te
and passed within one year after the adoptoin of ,he
4 y p.,ah .t.r
Chancey, and transferred the whole Chancerv
Jnri'diciion, heretofore exercised by the General
Sou Thus, SIR we find The first Iudiciat Act pass
e" "nac'the CoAst!"itom separating tie Cinnamon La,c
ana CHancery Courts, tckch, un4cr tie Coiouiuk Co
oer"ment. hGa been united an one, J and organising
1Ie"a as separate and distinct tfi6unuS
L" ieiation TO the other cases that have been 81
TED, II true, Nj Speaker that although the Court
OF Appeals IN their celebrated remonstrance of 1878
iu oeearc me law OF '37 (appoinrins Judges the
Court 10 which they belonged judses Of The Dis
rtct Couts,) TO be unconsi utoua hi. decisinn as
not founded upon denial oftae right he LegisIa
ue to constitute the Court Appeals of the ndy.s
OF aithe other Courts of the COMMUNICATIVE ,ev
10 AUNT 'hl' risht-but upon the ground that the
aw imposed ne" and additional duties the iud
W'hiou. Provfdins Propouionatc decrease of salary
But, Mr. Speaker, 1T is equally true-and would mar
pena'Y invite the attention of those gen,,emcu; who
fey 90 confidently on authority. to the fac.that this
Court. composed oft judges. the head OF whom
5000 Pend'eon and Wythe, the ustrious fathers OF
.ne Ia" IN virginia, and the most efficient agents
the formation OF the Constitution they were about To i'm
terPfet unanimously decced that the legislature had
no authority 10 6enG tie dlics Of The jtd.es of Tie
General COut, Court IF Mqnceyy, and {. urt Of 4d.
m"oHy. Here, then, IL the Unanimous decision Of
I.e OF inc most numerous, and, perhaps ia
dielal tribunal that assembled in vi einia aeca
ing INC oi'' IN your band TO be unconstitutional If
"e au'hoii'y OF great names is to decisive OF Til,
matter, challenge the advocates The bill TO produce
an equay formidable array their side the gu slon
Ian een'enc" then, seriously fater themselves with
tue nope oil carrying their scheme Into effect when n.
execution depends upon the improbable fact OF e.eyv
W o, '"s h'hetec judges ofthe Chancey and Gener al
dissenting from this deliberate opinion of ,hei
INDUSTRIOUS predecessors? What probability there j, O,
"eh oo'aininS ms perfect unanimiy among the ud.
Ses nave ALREADY endeavoured To sbew in ray remar
upon the case OF Hamper and Hawkins
But, Mr. Speaker, the friends and opponents ol
"is measure may ind some difficulty in adjusting The
a'd"ce 10 'ns account OF authority lie. us 20 the
fountain hcadIe go the 1t Itself and not to
rohlf ad'c'o'y commentaries upon it. For myself sir
wan no better cetempo position OF the Con
st'tn.Ion-If may SO speAk-than The Constitution
itself
The first constitutional objection that presents i,scIr
20 'he pm your hand relates to the by whct
af0ne ats provisions can be carried effect These
means SIR consist IN the appointment In, lar of IN.
present Judges oftbe General Court as Ebanrelors
ana .he Chancciors as Common Law Judges, while
me l4n section OF the constitution provides the
Judges shall he appointed by ballot The verb to bal
lot according to the best authority clear
W impics the right Of choice- tie pouer 0Csciect;4r
VOW ~ nave we The right OF choice 10 the case before
us oh The contrary, are we not cOmpekled to chOose
such the soltcsm otcrms in which chi, measure in
VoNes u') the present incumbens-or by refusing to
w by rgiilatinu JUDGES
out OF Office! Perhaps Sir, gentlemen NAV contsnd
that they are not cgsIatng the Judge Of Office mas
much as they leave his salary commission uutoucb
cd and o"/y deprive him OF the duties of his Office
That IS to soy si they will seize upon sabtance and
10 ISL they COMMIT 10 violence, because forsooh they
leave The Shadow The duties pertaining to am ofce
are much more part Of the than the commission
by which IT - hci1nay, SIR they very essence
OF the oii'eethe thin. Itsei-I you cannot deptiyc
the Judge ct the commission which is merely the evi
dence Of his authority 10 discharge duties OF Judge
ship much les car you deprive him Of the judgesHip
itselI 9f
1t may be said. MIR Speaker that as the functions Of
inc Judges consist wholly in expoundng and admins
'efiDg The laws cthc land until tho Legislature has
gwen bin laws to administer, he has nothing to do
me constitution not having prescribed his
'ufheT that as the Legislature has the power TO repeal
any orc aw, so have they the right TO repeal all the
laws OF the Commonwealth, and thus take from the
Judge the whole subject matter which his authority
can be made 10 bear. admit sir that the right to en-
act implies the fghI TO teteak that YOU have the
poverty applying the cgistatiUe sponge to the whole
oatute Book TO suspend the functions not only of The
Judges but OF every other officer recognised by the
stnuiiop. But Sir, the right to enact laws in conor-
mIy with The constitution, does carry with it the
Sht 10 enact such as in opposition that instru
mcnt-nor does the power suspend the dutie, OF
particular officer (by repeating the laws, the execution
OF which constitutes his dues) imply the right to re-
qHete duties OF that officer be performed nv some