Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1828-01-23

the chancery courts, and transfers their causes, and
]"I,sd'con to the Judges OF the general court; mr.
with equal reason and antiorIy. put down The conr;
oil appeals, aud transfer all its causes powers and m
r,sdc,lon to the Judges OF tho general court-whee is
the difference? If the cons, tution conan. uds III,
semby TO appoint judges of the co.rt of apnca,sdocs
no, equally ordau, that they shall appoi., Judges in
chancery? II they can lcgsiate the one ont of cx;y
'ence-why not the other? with this power, what
shall hinder the Legislature from wholly new npeII;n
the Judiciary Sys.en and instead Of njrcs of anoc,s
IndSes in chance.y, aud Judges of the general cou. ,
throwing the whole of judicial powers o one con
fused heap transferring them TO single set of Judges
anu annihla'ing the rest! and what they do to-day
they may undo tomorrow. Ia such state of ihirrs
what would be the boased Independence of the uJicia
r.: WHAT, bn' an empty nanei Ios;ead of ;he sta
ton assigned them By the constitutional CO ordinate
branch Intended To correct The alterations OF the lcyis
ature and declare their acts void when they vioI,,
hat So! ereisB iaw-;he. woni sink into mere crea
lures of The Legislative wiilThis was tue unanimous
OPINION OF the general caurt in tie case of amper W.
Ha"k'ns-lhere, no attempt, made to destroy the
court oil equity but merely to iransfes TO the ,st,c,
court IN term tame, or the Judges thereof in ton
the power OF e.joiiing their Judgment and This
10 De exercised consequently with the hi.h court o
chancery; vet the general court, after full and able
examination OF the question: declined the Jurisdiction
-decar'ng 'e'sh one roics, that ''ihe functions of
l"nSc IN chancery, can only be exercised by these who
may be constituted Judges in chancerv in tie man.
ner prescribed! by the constitutions Have ,Lo ,.,,
gentlemen OF the day (ilose leaders of reform,
with their ciSin:i ,ej,ufiones discovered
tha' tsse venerable sases ii,ane aud Tucker among
heh knew nothing about the uaite,? Or is If san
posed that the niesen! OF lie Bench are mad.
ut inorS rt'au materials Is that ~ eiiiuc the pi they
VIII S" allow II "i!io; dic,s Those Is ho thus cal
c';:ate, may ind, that they have rochonca wi,I,ort
their host ~
may be said. that hy recurrence 70 tho earlier
part OF our Judicial history, cyJeuce Will he found
she" ing that both the Legislature AID the jdiciarx
thought the two Jurisdictions n,;,ht be blended i,
acts were aSSSu
chancery, 70 CONSIST u! three iudres-aad a general
court TO consist O.! Eve JUICES Ia court OF amraity h,
areaay oeen created consisting of three pdses] in
40 an act passed establishing cnurt of anna,is To
CONSIST Of tue hspcefors genei al court and ,dm,reIy
neges Under Certain notifications. no new ciections
Tor these Judges tack place new con, issi,ns orr.
gwen 10 them As Judges OF Tie Of appeals but this
o'hce seemed incidentally annexed to their election IN
either OF the other rihansls. Under this
1t must t admitted, that the Chan,e;!o.s exercised
oo'h''o" law powers and the Common law Judges eau
II was IN their character of Judges OF the
cout vi appeals; and this they felt justified in doing ON
THIS gfnhnd Ii is clear from the records nj a., cnnst
nion tia! there can be but court OF aD.eals the
Two houses shall by joint balo, appoint Judges
" "'e supreme c'urt OF appeals.n The terms court
o. dPPeafs slew that this to he court of last
rescrti was Of necessity therefore that This conr
should nte in itself CCsnnon law and eon;,v IN
dchon- otherwise, there mus; be wanting a tribunal
OF ultimate resort, 10 the jurssdiotioo or the
other As these powers to be Blended in this court
u seemed indifferent, whether the union toox rI,ce
III the persons ofthese Judges or of o,.erst rv,e s
court o. appeals only, that they we're united The
court OF dernicr resort in the mother couu,ry eyer
c'sed the same powers. Bu, the legislature having
gone TINS Ear, seaIned TO think they mig 60 all cpa,hs
and IN 1877, wien The FIRST passed ESTABLISHING dis
F'c cohr's they "declared il 20 be the duty Of the
Judges OF The 'ii court OF appeals, 10 attend te said
courts ailofttGg among themselves the districts hex
sh"nd respectively attend; three judges 10 be allotted
TO each d'sti c &cp This law the whole, co,,r, con-
5,.;iHg 81 f'tn'na Pendie:on, George Wyiie John
| ri Naen
ing. Henry farewell. Richard Cary, James Henri,
and John Fy.er, refused 10 carry into execution In
ir', able and iTaDiy rer1onstrance 10 the legislature
hey state the why they think the law uncon
MISUNDERSTANDING others, that il would DESTROY the in
oepehdence of The ind es hat the constitution tkouo
IL did not ascertain the particular duties of the rdees
yer esa hilshed principle in reatiun thereto not to be
departed from 10 wit cha, no future reIa,;,, sbo,
blend, the duties of The Judges of the zero raj cont
court OF chanceIy, and court admiralty which we're
required TO be exercised BY digtinc. rs!sons-sud ta,
Inc assigning 10 the judges OF cancery and admiralty
common law jurisdiction, might be considered new
o!fc:.n nc"
~ the close OF their :nnoDstrsnce the c,r, saw 1ver
dsposed 10 maintain harmony, viii. Tie other nembers
" u" government so necessary 10 promote The haDpi.
ness OF society," The cGnrt sincerely s ,r,i t,
present iDiracCD OF the constitution ,nar bio read
oy tie Legislature themselves and tI,erebr III FIR
ther uneasness on tie occasion be y crcI.ted Rnt
ho"'n 'ne'f wishes be disappointed by the event they
see no other alternative for decision batwes, the Ia
g;sature ard judiciary than an appeaI TO Tho noo,,
whose servants both are add for whose sakes L,tI,
were created and .Tho may exercise their original and
supreme power, whatsoever they thnl. prepcr. To
a, uinu!iai therefore, The court III that case COMM;
hernseSc s, conscious o: pei feet inop;v in tIe;
len''s however they my have been mistake, in
'he,r judgments" This appeal wss prevented by the
Welding OF The legislature Wy,!,e ana Pcnale.on,
anu i'e rest OF those Worthless vino rny resisted
tis legislative Usurra!ion have sunS into The y,sva.
out has ts example rcsishet is their spirit toia, ex
t!hc' hus Ear the constitutional, difficulties But put
ing thom aside, various objections are taken to The
ra'tc"ar Term a''i Provisions OF the biil--.,c, as
tina; IT is absurd and coatradic,or- y, he in;,o,
.'"s and utterly Impractical that TIE general cur,
J""Ges taoie as they are in their own depart,nent1
would have 10 lsaTn tie principles of conr,s ,f
eqa'y-hat even ths were achieved it would be i'm
possible ION tie very nature of him. ,, - w.
projected ~ stem chabcery business could eve, he al
tenncd to-ie common ls,S cases. would be taken nm
nfS' because, The parties, the Witnesses and the in
's ios ho'. 'ra' would be atendng-ttese could not