Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-02-12

at common law, and causes in Chancery. And.
yer, you have never heard OF any incompatibility
oil jurisdiction, or OF any other difficulty, than that
arising from the tardincss OF the Justices 20 act
winch tardiness happens simply because they re-
ceivc no pay for their services Let me now ask
you this plain quesiion--are not the Justices i'm
this commonwealth Judges in Chancery. They
are, must be your answer. are they NOT Judpcs
oil the Common Law !-they are Then. Sir, invest
/ your Circuit Court Judges with Chancery iuris.
dictlon, and what will they bei They will be
Judges OF the General Court and Judges in Chan
Gerry. And this, il seems 70 me, MIR. Speaker, is
all the constitution requires OF in relation to this
subject. 1t a question hereafter TO be settled
whether the forms of an election by ballot and
new commission be required of US by the consii-
| tuition.
Further, MIR. Speaker, il gentlemen will reflect
upon the nature of this subject, they will discover
many reasons why the trainers of the constitution
should have left il open TO the discretion of the
ordinary legislature, without one solitary reason
| 10 JUSTIFY IA contrary course. IL could not have
oeen their purpose 70 do any thing more than
| merely to deineate the general plan and outlines
! oi the government. The strongest reasons occur
why they should have attempted no more They
| certainly never designed 10 tic up the hands Of
I the Legislature against awaiting themselves of the
advantages OF experience: And knowing how ut
tcrly impossible il 10 provide, by forecast of
mind, in detail, for futurity, they must have fore
SEEM that any attempt on their part 10 do So would
nave no other effect than to put il out of the pow
! er Oh the Legislature TO make change, when a
change might become necessary. From these
considerations, and the further considerations that
the power is in itself harmless, am firmly per-
suaded that the trainers Of the constitution so far
from intending to prohibit it, did not even pause TO
contemplate its tendency, il il occurred 10 their
| minus at all, Mr. Craig said, it was the firm
convection OF his mind, thst the distinguished men
whoiramed this charter of our liberties had no fur
tner opJectin view, in the execution of that work
Than to establish, by fundamental law. such prin
! cipies and such regulations, as were necessary TO
secure, TO the State of Virginia, pure republican
form oil government
but, MIR. Speaker, Notwithstanding these reo-
soi's-not"ithStanding ii is impossible TO conceive
any good reason, which could have opcrated upon
uie minds OF the trainers of the constitution to prohi
tue exercise oil the power claimed by the hill that
power being little liable TO abuse ne any belopg
ing 10 The Legislature, and Notwithstanding The
prohioion oil this power is calculated TO cra,np The
wholesome exercise Legislative discretion, & re-
uuce It's operation to standard below public ext
gehcies, strained effort (as conceyeit to hey l.
made, by gentlemen 60 shew that such nrob;b;tion
Is IMPLIED IN the matter OF the 18th and I7th sec
TONS OF the constitution. Let us have the words
themselves a." The Governor when he is out of Of
cI o,hcTs offending against the state, either by
administration, corruption, or other means by
when the safety OF the state may be endanpered
snai, ne impeachable by the House of DELEGATES
ouch impeachment to he prosecuted bv tho Attor
ney General or such other person or persons as the
"Pl'ohit, III TIE General Court. accord
ing 10 the laws OF the land. If found guilty he or
'ney snail be either forever disabled To Lold any
! olmce Under government, or removed from such
once pro-tempore or subjected 10 such pains or nc
haities as the law shall direct"-This is the 18th
section. Now we will hear the I7tb-ss IL oil or
any OF the Judges of the General Court shall on
$ood grounds, Ito be judged of by the House of
I'elesales) be accused of any of the crimes or Of
FENCES before mentioned, such House of DELEGATES
nay, II. IKE manner impeach the judge or judges
~. In f1-Hc-a 81 = y,
peais and he or they, if found guilty. shall he nun,
isheu IN the same manner as is prescribed in the
preceding clause."-The objection raised sror,
'hese Two sections OF the constitution by the opno
ne,'s OF the Dill simplyth this That all persons Ii
abie to impeachment shall be inpeacbed bcTora
the General Court, except the Judges OF The Gene
RAJ court the impeachment Of whom is bv the
iIth section, directed to take place before tbe Court
oi HpPeais' anu by making the judges of the Gen
oa,, sourt hanceiiors also, you disquaIiiy that
court 70 perform duty required of them nv the
constitution SO they conclude the bill in YOUR hands
Is unconstitutional ''1-'1'
d, ms, Mr.. Speaker, is my mind rather a puzzle
man an argument There is something in a sound
;omt az sulhett tnas fails with the weight of
conviction upon the mind This perpIexes bnt
does not convince, and whilst | acknoWledre fl,e
uiHcuity' L ieel IN unknotng this riddle my mind
remains undisturbed in tho opinion that as If ,vas
hot ,he intention OF the trainers Of the constitution
TO take from the Legislature the power oT contro,I
ing the Jurisdictions Of the various courts generi
'y'o! consolidating in the same person if thev
should think 1t necessary, both common law and
chancery jurisdiction that construction of the in
Strument which would asciibe 70 them such an in
tention must be false.
do not believe that the gentlemen themselves
VINO advance this argument, entertain the opinion
that the idea of prohibiting the union of common
law ana chancery jurisdiction in the same iudoe
was pursucdin the minds Of those statesmen vvbo
framed the constitution, at the time of donn it
men, sir, what does 1t amount to? That they had
no intention to prohibit this union of jurisdiction.
OUT In combining the parts of the constitution thew
nave lncauuousIy made such a disposition of the
tTiai OF impeachment, that under possible land
therefore supposedly circumstances Dartv I'M
Peached may be compelled to take his trial before
another tribunal than that before which he vouId
nave taken 1t, had not this union of common Law,
and Chancery Jurisdiction existed II is TO he We
Marked however, that under no circumstances to
be brought into existence by this BILL will Won be
under the necessity of conducting the trial oC inn,
Peachinent before any other than a constitutional
court.
Here let me put this plain question Is it fair
presumption (i indeed Prescriptions are entitled
70 any weight in the consideration of this question
under all impartial view Of the whole constitution
mat prohibition OF thepower on the part ofthe Ic-
giSJature to pass such bill was intended? n were
intended, why it not set forth in xpresq tef,s3
Itis power altogether compatible with the reni.
Us OF our government, and for ought that could be
iofcseen by the trainers of the constitution tbe
exercise OF 1t by the Legislature might become
mghly necessary to advance the public pro-perit,
would II not have occurred to them, most natural
w. tna' not expressly prohibited the Legislature
would exercise 1t whenever public exigencies
might require it? Then. sir if they we're ,,rdcr
the Influence Of any latent reason to ;nnose A.
restriction, surely they would have had the precan-
lion to have guarded flc subject bv cIeer - f;.