Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-03-04

that the vacancy could be hlled in any other mode.
This bill proposes TO create five vacancies in the
General Court, which we called ON 10 fill /,
What Is the mode we about 20 purSue;-We
are about TO dispense with the necessity Of Joint
ballot, and to TIL tho vacancies 10y law. Sir it is
utterly incompetent for to do so. They must
be hiled under the provisions OF the Constitution,
by "Joint ballot of the two Houses oil Assembly,"
Ii has been said, this question is not determined
by the bill, and that an election may take place.
Sir, the language OF the bill is paipable and man
datory-these Judges shall be invested with pow
ers, and shall discharge the duties pertaining TO
the Offices. But suppose election were 20 en-
sue--what manner of election would it be p
| Would it not be a perfect mockery aud an add-
tonal violation of the principles OF the gov ernment
which determine that all elections shall be free
Ii the bill have any efficacy, it would cors,rain us
to vote for particular persons, without the exer
else c. free wil-without exerting our mental
candidates. viii the Genius of American Liberty
submit to constrsint in the exercise of the invau
aOie right OF suIrage' Sir, il will dsdain these
fragile letters. and proudly soaring to lofty
enihence, VIII smile with conposure the fret
!ul hostilitics OF an cphemeral, eyancscent House
of Delegates
An argument against the amaIgamation Of these
Courts is derived from the section concerning i'm
peachinents-it provides that the Governor, when
lie Is out OF Office, and others, offending aganst
the State either by NAL administration, corruption,
. or other means, shall be impcached by the House
OF Delegates such impeachment 10 be prosecuted
oy the Attorney General, such other person
or persons, the House may appoint in the Gene
raj Court, accordng TO the laws of the land &c"
The next section provides, that if all or any OF
the Judges OF the General Court, should, OH good
grounds, be accused of the crimes or offences
Above mentioned, such Houses OF Delegates NAV
in like mannur, upeach the Judge or Judges so
accused to be prosecuted in the Court of Appeals,
IL was obviously designed by these sections to
establish the General Court as the tribunal to try
. 10 t.aff
OF trial to any other tribunal whatsoever, except
that tie Judges OF that Court are be tried before
the Court OF Appeals. The design being to try
! impeachments in the General Court, the section
should be 50 construed TO make the exception as
narrow as possible Every public functionary is
exposed 10 impeachment, but none is responsible
, TO more than one tribunal. The Governor Chan
ceiior aud all others, except the Judges of the
dcIierai Court, iInpeachablc in the General
Court. The Judges of the General Court are res
ponsihle only To the Court of Appeals. A Chan \
ceiior cannot be impeachcd before the Court OF
Appeals. The Constitution has made him respon-
SiDe 10 the Gencral Court, and that responsibility
cannot be altered by act of Assembly. This bill
amaigaina'ing the Common Law and Chancery
courts, cannot invest the Court of Appeals with
power TO try Chancellor by npeachment-be h!
cause that power is withheld by the Constitution.
lie must suit be tried before the General Court
the very body of which he is member; and the
trainers OF the Constitution sudiously attempted TO
provide against the trial of any offender before the
body to which ne belonged. To construe the
Constitution to authorize the amalgamation
OF the Courts, so rs TO authorize the passage OF
Tie bill, would defeat the obvious intention OF the
instrument. bat the advocates OF this bill have
iarther TO determine whether all responsibility be
not destroyed Should a Chancellor be found
guilty OF corruption after the passage OF this BILL
where would they direct an impeachment? IT,
SIR, before the General Court, he is a member of
hat court and makes protert of his commission
would the Court entertoin the prosecutions 1.-THE
ha ~ IL kufcra Tho e
peais--he is chancellor, and to establish that
iact, has only 10 exhibit his commission. Would
not that body Immediately adiudge that the Consti-
uuon mas established the General Court the tri
ounal, before which he would be Responsible and
that they could not exercise tho jurisdiction p
Sir, think il worthy OF reflection, whether there
be not s'Istainablc objection TO the jurisdiction of
either tribunal
But should the objection to the jurisdiction be o.
yerrued, the value Of the trial would be impaired |
Should it lac conducted in the General Court, the
prisoner would be tried before body, whose I
war'nest sympathies enlisted in his flvor-and |
VINO would be moved 10 favor the defence by every
consideration OF personal interest The Common
wealth sly, would have much to fear from the
partiality of the tribunal. Should it be conducted
IN The Court OF Appeals, that body is not conicm-
pia'ed by our Judicial System rs Court of crimi-
nal jurisdiction. Their authority to try Judges Of
the General Court is alone excused on the ground
oil necessity. They are not adapted TO penal pro- !
Secutions Their habit OF thought flows in a differ
emu channel. They are constantly occupied in CT
vii adjudication. 1t is their constant effort TO per-
ect their knowledge of civil polity--To accom-
pish this they constrained TO devote themselves
70 deep thought and laborious study-They must
DC Intimately acquainted with all the doctrines of
writcrs-They must be familiarly
Ierscd IN the vast and voluminous adjudicatens of
English and American Courts-They must posi-
lyeiy know the provisions of American Legislation
his, sir, is the business of their lives and affords
occupation to all their thoughts. They have not
line maturely to mediate on the great principles
ii personal rights. They are estranged from the
OF penal law; and are not adapted
o the trial oil impcachments. They are more pro-
'eTiy tied before The Judges Of the General Court,
'hose thoughts by frequent discussions at the bar
ire turned on the contemplation of tie rights Of
nan-the personal liberty and security Of the cit
zen.
Various other reflections have suggested them
elves to my mind shelving the ilnpossibity Of
blending ChanceTy and Common Law Jurisdiction
n the Judges OF the General Court-but my voice
5 sinking under this effort
Before take my seat, permit me to inquire what
advantages are to result from tile passage Of this
'ili 1t IS said it must promote the convenience
d the people, by carrying justice to every mans
ioor-. hat they are to be benefited from being
with their Judges, their Attornevs |
heir Clerks and Sherifs-That the business neg
ected, under the present System, will be dis
patched under that proposed. / confess entertain
he most serious appre ensons, that no advantape
can result Whenever the jurisdictions have been
blended, the most serious injuries have been ex !
1erie nced-and the history of our own CouDtv
courts does not warrant the authorizations Of fhe |
friends OF this measure. re, sir, it be an ADVANTAGE
nose Courts are located near each sutor--In them
NE parties are acquainted with their JUDGES their
their Clerks, Sherihs, Commissioner
and Whatever other officer may be called TO the aid
~ the court, Task Of the candid members of this