Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-01-08

dincrs nearly u assiinila;c our institutions IN
tlose OF the mother country, and especially our
judicial system. In England there was a total Sc
pareuon between the courts of law and equity, a.
Using from the difference of proceedings in each
ne rigid application oi the principles and rules Of
raw oiten required to be mitgatcd by the nore IL
peiai course OF proceedings in the Courts 81. han
ccFy Hence the necessity Of their entire scpara-
uon. Such separation, hc thought, WAS co:I,en-
pia,cd by the iraincr OF our constitutions This lac
sad was proven by lAe terpj used, both in relation
- the appointment and impeachment OF the iulg-
eS And he cOntended that such an alnalgarnation
as the bin proposed was in violstlon of that iuicn-
ton.
lie also objected to the bill because it proposed
70 create Judges by tar, and not i,y Joint ballo.
the constitution prescribed. Tho ilicnt, oil the
OH, aware OF III! objection, had inserted clause
requiring that the judges should be 5aiotted for.
hut whore was the evidence that Your present law
Judges would be elected Chancellors: lie knew
'ilat me answer would be, that such would he the
result Ill consequence of an understanding
the members OF that House. But suppose that o.
single Judge thought the law unconstitutional, or
refused TO act in the character given TO him,
Would not the whole system be thrown into coniiI-
SON. q De productive oil disorder & embarrassment,
hot unlike that so recently experienced in sister
state: tie was certain that some of the Judges
would refuse for he had il from one of the lblest
on the bench, that the law was unconstitutional.
- was propo ;ton admitted on all hands, that the
Joolciory mad the power 10 pronounce on the con-
81 ~ltionaiiiy OF all laws they were called on 10
execute. Ii they had not this power their indie
pendence was prosiTated at the feet of legislative
usurpltion.
Mir. /. concluded by remarhing that the House
iiai always looked with extreme jealousy upon O.
very iniraction vi the Constitution of the United
states; but when our State Con stitutiOn was in
question all that jealousy given to the win.ls.
y hat, he asked, was the cause OF this incon.is-
tency:
Mir. Gordon regretted that the motion to postpone
h9a pecn made lie had hoped that the opponents
OF the BID, after permitting it to progress so far
would have deferred their attack upon it. little
longer; that they would have suffered it, in
rs amended form, 10 be printed, understood, and
LARRY presented for consideration. He had moi
expected II 10 pass without sweat oud bloody
agony. But Lie sense of the country had been
passe. upon it, and in its favor. Mr. c. spoke of
any threats or opinions from the judiciary a inpro-
per, and not entitled TO influence the decision of hc
1iouSe' hir rs argument, he said, was not new
"heh mat gentleman rose with the sacred volume
OF inc Constitution and laws in his hands he had
epec ed TO hear proofs OF thc uns,itutionaty of the
Dlii drawn nom its conents but " hat was bis sur
Prise when he heard on argument founded on the
similarity CT our Institutions with those OF England
lnrepiy TO the objection TO blending the chance
ry ana common law iurislictions, Mr.. q. adverted
10 the ioTner iursdctioifof the Court of Appeals-
ne Judges OF hatc court were AZ one time ,lss in
Jaw IN chanccry and in admiralty. Their admiral
y jurisdiction had been transferred the federal
government, but that in law ana equity still re-
manned 10 them.
Nj. Colsion then rose and remarked that hi; OBJ
lect IN moving the postponement was to save time:
Dut hndlng, from the course the debate was taking
That II would nOtbe attained, ne Withdrew the mo-
ton.
Mr.. Gordon thanked the gentleman; but claimed
20 reply 10 remark that had fallen from him. Al
fusion mad been made 10 a Convention. He was
himself IN favor OF one and had voted for subulnr
the question to the people; but he thought there
would not he one for there was too much power and
influence arrayed against it. The Judges TO whom
there was such a disposition to pay difference were
opposed to a Conventon-all the lower country
was opposed 10 IT, In the middle country there was
some division OF sentiment; but the majority were
oppo5ed-Beyond the mountains the people were
lar from being united; theywerc perhaps So only in
the particular section whence Mr.. G. came. And
Tic DsheVeu That when the sense of the frceholIers
was taken large majority would be found against
convention. 1t was true that the day was com
ing when one would be had-The march Of free
| opinion and equal righsts would, in the end,
bnng 1t about. But years might pass away
! ilrst. he effort to remedy the evils of our
present judiciary system had t-oen called tin
"@ng.' lie would tell the gentleman that a
majority OF The ireeholdcrs thought convention
the very worst sort of taEerinE. and that there
were two sorts OF thinkers at work: But, was it
thought, ne asked, that the great men who would
meet IN convention, would 90 into Details and fix
irrcyeraibly, judicial SYSTEM or leave it to the
Legislature and the people, TO modify the details of
that system, the varying condition of the people
mig hit require?
! Mr. Coision said he was astonished that the GEN
2Inan iad so little respect for the opinions of the
/ Judges on subject that fell so peculiarly within
their province rs the present BILL and at the same
time give credit to their opinions against a conven-
! ton Mr. said chat many of the Judges were in
favor OF a convention. II ethought there would be
one--and every new Judge about to be created
would be an obstacle in the way of it, Every one
expected that convention would prescribe the in
lsdicon OF the courts and the outline OF judicial
| system.
| The remaining amendment proposed by the com
/ inittee oil the whole, were then concurred in and
Alr Bryce offered long substitute to the whole
! BILL lie prepared his motion by few remarks 60
| lng to siiow the importance of the subject, aud
pointing out some of the causes OF the present de-
| lay in our courts.
| Both the bill as amended and the substitute were
ordered TO be printed.
! The Speaker laid bef-c the House a comrnuni-
cation iFom the Governor, relative tOihe progress
! made in the erection Of the Western T.anitic Hos
pital-lIid on the table and ordered to be printed
Oh The motion Of Mr. Tapp.
! YESTERDAY communication was received
from the Senate, that they had passed the bills e.
/ iabAshing ferry from the lands of Adam Alkier in
the county OF Wood across the Ohio--asd that they
had rejected the bill authorizing sale of certain
slaves, belong 10 the estate of John Hlnlin, dec
Reports were presented from the Committees
/ by Messrs Gordon, v hite, Rutherford, & Crunp
| VI Surry.
! On Mr.. RUiherfoords motion, an enquiry was
instituted into the eXpedcncy of so amending the
Criminal law Of tIs Commonwealth as 70 change
the mode OF trial and puni -hment of slaves for the
offence OF petty larceny; aud of requiring bail Of
free persons of color for offences which, prior to
/ the act changing the punishment Of free negroes
and inUat,0o9, were punishable by confinement in
/ the Pcniientidry; AMI Of amending the 30th and
5ts' sections Of an act concerning slaves, free nc