Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-02-07

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IN times past? Why now make animportant change
IN tlic judiciary and our jurisprudence, by a law
which in all human probability. will in its turn be
ibroSated, altered or amended, il the short space
81 a twelve month.
Mr. T. said, he had another objection 10 voting
FOR this bill Ot noiitle weight with him, which.
though 70 many might seem light, he was sure
would be appreciated by the observant and the re-
h.ctmg-He alluded 10 the unfitneSs Of this body
los the business OF codi1cation. He did not mean
tn question the intelligence OF this body but he
intended TO apply his remarks equally 10 all popu-
lar assemblies constituted like this. Mr.. r. said
1t had been the practice OF ancestors, and had
ever been the practice OF that country from which
we have borrowed SO many lights in law and poll
tics, and still their practice 10 accomplish all
important changes III their established laws by the
aid and inStrumentaity of commissions composed
Of their ablest jurists and elders of the law-by
boards OF Juriss or committees of revision, TWAS
wise practice, founded in necessity, policy and
wisdom. Principles are mere distractions until
they are applied to practice; and it is through the
medium OF the details of q bill, that a principle OF
legislation can bc applied. Now lot me ask this
House, huctuatiug as this body is and must
he, wth the little opportunity of retirement, OF
calm aud sober reflection and mature delibcrlOn
allowed us here, with the few couvcncnces for
accurate composition and compilation, without the
means OF research and close investigation, what
time or capacity have for properly adjusting
the multiiarous and complicated details of an i'm
law we are competent to pass upon; but the mo-
duS OpGrdndi Of expressing and eiiectua;ing the
Legislative will, is the difficulty. For Surmourt-
ing this difficulty the safe is to avail our
selves OF the aids referred TOTO suggest the evil
10 submit 70 commission, buard of iursts or com
mittee OF revision, the enquiry into the RENE
uy; ana when they present us with bill or Gi-
gest, we are competent TO examine to investigate,
and to reject or adopt their abors, as to our best
Judgments shall seem cxpedient. This is the safe
oil
sent, and distrust my own suiIiciency TOO much
now TO depart from It.
MIR. I. said, having disposed Of his preliminary
objections, he would proceed to the more impor-
tant considerations involved in his opposition TO the
Dhl. he hrst IN order, well as importance,
was the enquiry into the constutionalty OF the law.
Every act OF Legislation being aa exercise Of dele
gated authority it behooyed the representatives Of
thepeoplc TO look TO the charter from which they de-
rive solely their little brief authority which GER
tainly admonishes them ''thus far shalt thou go,
and no farther tits there we find embodied the
permanent known will of those who sent us here.
1t Is 10 Us letter Of instruction, which, if we dis
obey, we deserve the fate of the uniathful SER
want IN the parable, 60 be beaten with many
stripes. hir. I. said, before he entered on the
examination OF the constitutional question, he must
be permitted to cXpress his surprise and astonisli-
nent at, and TO enter his prof. 81 against doctrines
that 'had become too fashionable of late in this
Housc--Iie meant the doctrine of the$omnipotence
diOuS doctrine OF Parliamentary omnipotence had
been swept away by the tide Of our gloriot revo-
luton, and that we had erected on its ruins the
sovereignty OF the People but it is now strongly
animated by gentlemen, If not openly assumed,
That because ours is styled ga complete Legisla-
ture, 1t can do whatsoever il fsteth. Among the
friends OF this bill, yea, its most jealous and disn
guiShed supporters, recognize the most decided
In the Interpretation of the federal COM
pact-the most watchful scntnels over the con-
~ "a
them many of that inquest who found an indict-
lncnt, tor high crimes and msdemeanOrs, against
their Iow-scrvants of the federal government
IN The resolutions OF last winter. Yet, strange 10
tell we now see them converted into latitudinari
ans In the construction of their own constitution
Oh inconsistencies, this bears the palm. Does it
not behooye them 10 practice little closer upon the
Scripture morality, and before they descry the
mote In the eye OF brother, TO remove the beam
from their own {, Does il not behoove them be-
lore they arrogate 10 themselves the exclusive
custody and guardianship of the federal charter, to
look at home little, and 20 establish their claim to
the censorial Judgment seat, by a scrupulous re-
gard Tor their own fundamental laws. The COM
plant OF icderai usurpaion comes with bad grace
from those who invade without ceremony their
own constitution. Let e%lanine little the
ground OF distinction assumed by gentlemen in
constituting the two instruments. Ii is distinc-
ton, believe me Sir, without difference. II is
said one is a government of limited powers Of spe-
expressly given or is fairly intcrrable from the
granted powcrS-Be il so. And il is said that the
other IS a government of plenary, paramount and
sovereign powers, with no Limitation or controul
nut the few restrictions imposed by the bill oil
rights or constitution it5elf-For the sake of the
argument let this be granted; and what does it
prove Nothing whatsoever, but u L q different
frame was given TO the two charters the common
object OF which was 10 inform the representative
what power was given and what denied The one
gave certaIu powers - the enumeration of what
were denied, and The one denied certain powers by
the enumeration OF the given powers. Should one
rule OF construction hold to affirmative gfaa's
IN the fedora! compact, and different one hol as
TO the negatives, upon power imposed By our con-
si'uuon and bill of rights IL cannot Ire. | bep
the gentlemen to reconcile the proposition, which
to my mind, seems tOallysat war with common
sense The solution Of the difficulty in which the
gentlemen have fallen, is to be found in this-AIen
IN power are always willing to shake OF the res
trdints imposed upon their own power, whilst they
are willing IN hold down others in power to the
strict letter Of their authority So il has ever been
and so II will ever be, whilst poor weak human
nature remains thc same. For myself / know of
but one rule by which 10 interpret constitutions |
aud that IS so TO coustue them as to carry fairly
into elect the will Of the trainers. In Interpreting
the federal compact a doubt TO the existence of
the powers would determine me against the excr- |
Use Of q. In Interpreting the State constitution |
II thought it doubtful whether the negatives in |
1T, by fair implication or by the letter reached and
forbade the power sought to be exercised, !
should decline TO exercise 1t. The two cases are
strictly analogous. Mr. Speaker, what are we
asked by that bill 10 do To make a General |
Court To consist Of twenty Judges 10 wit: Is Gen
sal Court, CEanccry Court, and one new judge /
20 BE- elected. These are to parcel the State into
ten Districts or Circuits, assigning two Of their 4
number % each. They are 20 perambulatc the 4
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